These provisions govern the use of the Internet portal service (hereinafter, the "Portal") that BMCE Internacional, SAU (hereinafter, "BMCEI") makes available to Internet users. BMCEI, with registered office in Madrid, c/ Serrano 59, with CIF A-80754781, is registered in the Mercantile Registry of Madrid, Volume 7064, Book 0, folio 185, Section 3, page 114811, and in the Registry of Banks and Bankers of the Bank of Spain with number 0219. The use of the Portal attributes the condition of user of the Portal (hereinafter, the "User" or "Users") and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration to the moment in which the User is connected to the Portal. Therefore, the User must carefully read this Legal Notice each time he or she intends to use the Portal, since the Portal and its conditions of use set out in this Legal Notice may be subject to modifications.
The use of the Portal by Users is subject to the following conditions:
1) The User undertakes to make correct use of the Portal and its Contents in accordance with the Law and this Legal Notice. The User shall be liable to BMCEI or third parties for any damages that may be caused as a result of failure to comply with this obligation. The use of the Portal for purposes that are harmful to the property or interests of BMCEI or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of BMCEI or third parties is expressly prohibited.
By way of example only, the User, in accordance with current legislation, must refrain from: :
· Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorized by Law or expressly consented to by BMCEI or by whoever holds the exploitation rights, where applicable.
· Reproducing or copying for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
· Extracting and/or reusing all or a substantial part of the Contents comprising the Portal as well as the databases that BMCEI makes available to Users.
2) Access to the Portal by Users is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the Users.
3) The User who wishes to introduce links from his/her own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law:
· The link will only link to the home page or main page of the Portal but may not reproduce it in any way (inline links, copy of texts, graphics, etc.).
· In accordance with applicable legislation in force at any time, it is prohibited to establish frames or frames of any kind that surround the Portal or allow the viewing of the Contents through Internet addresses other than those of the Portal and, in any case, when they are viewed together with content outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) constitutes an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of BMCEI; or (IV) is otherwise prohibited by current legislation.
· No false, inaccurate or incorrect statements about BMCEI, its partners, employees, clients or the quality of the services it provides shall be made from the page that introduces the link.
· Under no circumstances shall it be stated on the page where the link is located that BMCEI has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
· The use of any word, graphic or mixed trademark or any other distinctive sign of BMCEI within the sender's page is prohibited except in cases permitted by law or expressly authorized by BMCEI and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
· The page that establishes the link must faithfully comply with the law and may not in any case have or link to its own or third-party content that: (I) is illegal, harmful or contrary to morality and good faith. customs (pornographic, violent, racist, etc.); (II) induce or may induce in the User the false conception that BMCEI subscribes to, supports, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the sender; (III) are inappropriate or not relevant to the activity of BMCEI in light of the location, content and subject matter of the sender's website.
Access to the Portal does not imply any obligation on the part of BMCEI to verify the truthfulness, accuracy, adequacy, suitability, exhaustiveness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a service of any kind, so that said information is insufficient for the making of personal or business decisions by the User. BMCEI is not responsible for decisions made based on the information provided on the Portal or for any damages or losses caused to the User or third parties due to actions based solely on the information obtained on the Portal.
Access to the Portal does not imply any obligation on the part of BMCEI to monitor the absence of viruses, worms or any other harmful computer elements. In any case, it is the User's responsibility to have the appropriate tools available to detect and disinfect harmful computer programs. BMCEI is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation are not the responsibility of BMCEI. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible. BMCEI is not responsible for any damage or loss of any kind caused to the User due to failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, BMCEI acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify BMCEI in accordance with the procedure indicated below, without this communication in any case entailing the obligation to remove the corresponding link:
The User or any other Internet user who is aware that the Linked Sites refer to pages whose content or services are illegal, harmful, degrading, violent or contrary to morality may contact BMCEI indicating the following:
· Personal data of the person making the claim: name, address, telephone number and email address; · Description of the facts that reveal the illicit or inappropriate nature of the Linked Site; · Express declaration that the information contained in the claim is accurate.
The receipt by BMCEI of the communication provided for in the preceding paragraphs shall not imply, according to the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicator.
In no case shall the existence of Linked Sites presuppose the existence of agreements with the persons responsible for or owners of the same, nor the recommendation, promotion or identification of BMCEI with the statements, content or services provided. BMCEI is not aware of the content and services of the Linked Sites and therefore is not responsible for any damage caused by the illegality, quality, outdatedness, unavailability, error or uselessness of the content and/or services of the Linked Sites or for any other damage that is not directly attributable to BMCEI.
This Legal Notice is governed in each and every one of its aspects by Spanish legislation.