TERMS OF USE - BARCELONACTUA Foundation

1. INFORMATION

1. The BarcelonActua Foundation (hereinafter, "BARCELONACTUA"), of Spanish nationality, with Tax Code (CIF) G66571746, domiciled at Carrer de Santa Perpètua, 6-8, 08012 Barcelona, entered in the Foundations Register of the Catalan government under no. 2,943 and in accordance with the provisions of Law 4/2008, of 24 April, hereby informs anyone who accesses or uses the services, applications, tools and, in general, content included at www.barcelonactua.org (hereinafter, the "Social Network") of the terms and conditions applicable to the access and browsing thereof.


2. USE OF THE SOCIAL NETWORK

1. Welcome to the www.barcelonactua.org website, owned by the BarcelonActua Foundation. Simply by browsing and/or using the Social Network, you become a User thereof. Browsing and using the Social Network implies your acceptance as a User of each and every one of these Terms of Use, as well as the specific conditions that, where applicable, govern the use of the Social Network and the services linked to it.
2. BARCELONACTUA may, at any time and without prior notice, modify the presentation and configuration of the Social Network, as well as the terms and conditions required for its use. Such modifications shall be published on the Social Network so that Users can be aware of them before proceeding to use the network. Using the Social Network once the Terms of Use have been modified implies that the User accepts these modified terms. Likewise, BarcelonActua reserves the right to modify, develop or update these Terms of Use at any time and without prior notice.


3. USERS OF THE SOCIAL NETWORK

1. By using the Social Network, Users assert and guarantee that they are over eighteen years of age. In order for minors to use the Social Network, they must previously obtain permission from their parents, guardians or legal representatives, who shall be held liable for all acts carried out by the minors in their care.
2. BARCELONACTUA may deny or withdraw access to the Social Network at any time and without prior notice for any Users that contravene the provisions of these terms of use, the law, customs or public order.
3. Access to the Social Network is free of charge. BARCELONACTUA will ask Users to register with the Social Network in order to access certain content and applications of the Social Network. The data obtained via this procedure shall be subject to the privacy policy set out in these general terms and conditions. The registration procedure shall be the one that appears at any time in the corresponding section of the Social Network.
4. The password, chosen by Users in order to register and validated, where appropriate, by BARCELONACTUA, shall be considered as an element that identifies the User and enables them to access the site. Passwords shall be personal and non-transferable.
5. Users undertake to be duly diligent in safekeeping their password, otherwise assuming any consequences that may arise from the use thereof by third parties other than the User, and must hold BARCELONACTUA harmless for any unauthorised use of their password.
6. Users shall be liable for all operations carried out with their password.
7. Users undertake to notify BARCELONACTUA immediately of any unauthorised use of their password, as well as any access by unauthorised third parties to their password.
8. Similarly, BARCELONACTUA may contact Users to check the data provided by the latter and may remove Users if they have provided false data or have requested more than one account on the Social Network.
9. By accepting the Terms of Use of the BarcelonActua Foundation, Users adhere to Law 25/2015, of 30 July, on volunteering and the promotion of associations.


4. PRIVACY POLICY: DATA PROTECTION AND THE SENDING OF COMMERCIAL COMMUNICATIONS

1. BarcelonActua undertakes to comply at all times with Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD in Spanish), as well as the Law on Information Society Services and Electronic Commerce, of 11 July 2002 (LSSICE in Spanish) and any regulations implementing them.
2. Our Privacy Policy can be consulted at: http://new.barcelonactua.org/ca/politica-privacitat


5. COOKIE POLICY

BARCELONACTUA informs Users that it employs cookies when a user browses the Social Network. Users may configure their browser so that they are notified on screen when a cookie is received and to prevent the installation of cookies on their hard drive.  
Cookies are small amounts of information that are stored in the browser used by each user so that the server can recall certain information that can be used later. This information allows us to identify you as a specific user and allows us to store your personal preferences, as well as providing technical information such as the visits made or specific pages visited. Users who do not wish to receive cookies or who wish to be informed before these are stored on their computer can configure their browser accordingly.
This website uses temporary session cookies and persistent cookies. Session cookies store data only while the User accesses the website, while persistent cookies store the data on the terminal so that they are available for more than one session. Depending on the purpose of the data obtained via cookies, the website may use first-party cookies.
Technical cookies: these allow Users to browse the website or application and make use of its different options or services, such as controlling traffic and data communication, identifying the session, accessing restricted areas, applying to sign up for or take part in an event, using security elements while browsing, storing content to disseminate videos or sound files or sharing content on social media.
Personalisation cookies: these allow Users to access the service with certain predefined general characteristics depending on a series of criteria in the User's terminal, such as the language, type of browser used to access the service, regional configuration from which the service is accessed, etc.
Analytical cookies: these allow the party responsible for them to monitor and analyse user behaviour. The information collected via this type of cookie is used to measure activity on the website, application or platform and to create browsing profiles of visitors to these sites, applications and platforms, in order to introduce improvements based on an analysis of the data collected.
Third-party cookies: these allow the services offered to be managed and improved. Examples include Google Analytics statistical services.  


6. USER OBLIGATIONS

1. In general, Users undertake to use the Social Network diligently, in accordance with the law, good faith, morality, public order and the provisions of these Terms of Use, and must refrain from using the Social Network in any way that could prevent, damage or impair its normal operation and enjoyment by users or that could harm or cause damage to the property and rights of BARCELONACTUA, other users or, in general, any third party.
2. Users guarantee that the information they provide to BARCELONACTUA, including their personal data, is truthful and undertake to inform BARCELONACTUA of any changes thereto, keeping this information updated at all times.
3. Users shall be liable for damages of any kind which may be suffered by BARCELONACTUA directly or indirectly as a result of a breach of any of the obligations arising from these terms and conditions in relation to the use of the Social Network. Similarly, Users shall hold BARCELONACTUA harmless against any sanction, claim or lawsuit that may be brought by a third party, including any public bodies, against BARCELONACTUA, its employees or agents as a result of a violation of any third-party rights by Users through their use of the Social Network.
4. In addition, and without this list limiting the general scope of the obligation set out in the previous paragraph, while using the Social Network Users undertake the following:
a. Not to enter or disseminate information that is defamatory, offensive, obscene, threatening, xenophobic, incites violence or discrimination on grounds of sex, race, ideology or religion or that in any way violates the morals, public order, fundamental rights, public freedoms, honour, privacy or image of third parties and, in general, current legislation.
b. Not to introduce, store or disseminate, through the Social Network, any computer program, data, virus, code or any other electronic or physical instrument or device that is likely to cause damage to the Social Network or any equipment, systems or networks of BARCELONACTUA, of any other User, its suppliers or in general any third party or that is otherwise capable of causing any type of alteration or impede the normal operation thereof.
c. Not to use false identities or impersonate others when using the Social Network.
d. Not to conceal or misrepresent in any way the origin of any electronic messages, not to intercept, delete or modify the messages of other users, and not to send mass mailings.
e. Not to destroy, alter, disable or damage the data, information, programs or electronic documents of BARCELONACTUA, its suppliers or third parties.
f. Not to enter, store or disseminate through the Social Network, any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content in respect of which it does not hold, in accordance with the law, the right to make it available to third parties.
In the event that any user or third party believes there are facts or circumstances that reveal the unlawful use of any content and/or the carrying out of any unlawful activity on the Social Network or pages accessible via the site, they should notify BARCELONACTUA by means of the Suggestions button.


7. NOTICES

1. For the purposes of these Terms of Use, and for any communication that may be required between BARCELONACTUA and the User, Users may contact BARCELONACTUA by post at the domicile of the latter or via the email address hola@barcelonactua.org. For all communications related to the use of the Social Network, Users expressly accept email as being a valid medium to send such communications.


8. INTELLECTUAL AND INDUSTRIAL COPYRIGHT

1. Users acknowledge that all elements of the Social Network, videos, photographs, information and materials contained therein, trademarks, the structure, selection, arrangement and presentation of its content, and the computer programs used in relation thereto are protected by the intellectual and industrial property rights of BARCELONACTUA or third parties, and that using the Social Network does not attribute any rights other than those specifically provided for on the Social Network with respect to such intellectual and industrial copyright.
2. Regarding any of the elements referred to in the previous paragraph, Users may not reproduce, transform, modify, disassemble, reverse engineer, distribute, lease, lend, make available or allow public access thereto via any form of public communication unless authorised by BARCELONACTUA or, where appropriate, by the third-party holders of the corresponding rights, or unless legally permitted. Users must employ the materials, elements and information accessed while browsing and using the Social Network solely for their own needs, undertaking not to commercially exploit any of the materials, elements or information obtained via the Social Network, either directly or indirectly.
3. Users must refrain from deleting any signs that indicate the rights (intellectual, industrial property or any other) of BARCELONACTUA or third parties that appear on the Social Network, as well as from evading or manipulating any technical devices established by BARCELONACTUA or third parties on the Social Network.
4. Under no circumstances shall it be understood that any licence is granted or that any waiver, transfer, total or partial assignment of said rights is made, nor shall any right or expectation of right be conferred and, in particular, the right to alter, exploit, reproduce, distribute or publicly communicate said content without the prior express authorisation of BARCELONACTUA or of the corresponding owners.


9. PROHIBITION OF HYPERLINKS

There is no connection or relationship between BARCELONACTUA and those Users or, in general, those persons establishing a hyperlink between their website and the Social Network, being themselves responsible for all the content on their website, exempting BARCELONACTUA from any liability that may be incurred by any illegal content on the aforementioned websites.


10. LIABILITY AND DISCLAIMER OF WARRANTIES

1. Without prejudice to any liability for damages that may arise from the use of the Social Network, BARCELONACTUA may, immediately and without prior notice, resolve and terminate its relationship with a User or interrupt their access to the Social Network should it detect any use of the Social Network that contravenes these Terms of Use.
2. BARCELONACTUA shall only be liable for any damages suffered by Users as a result of using the Social Network when such damages are attributable to the wilful misconduct of BARCELONACTUA. Users acknowledge and accept that they use the Social Network at their own risk and responsibility.
3. BARCELONACTUA shall abide by the security measures generally adopted in the sector to guarantee confidentiality and security when using the Social Network. However, BARCELONACTUA cannot guarantee that unauthorised third parties are not aware of the characteristics and circumstances of how Users use the Social Network. BARCELONACTUA shall act diligently, according to the generally accepted conduct in the sector, in order to avoid the presence on the Social Network of any viruses or other harmful elements that could cause alterations in the computer system, electronic documents or files of Users but cannot guarantee the absence of such elements and shall not be liable for any damages these might cause.
4. BARCELONACTUA shall not be liable for any damages that may arise from various causes, including but not limited to the following: (i) inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational performance of this electronic system or in the devices or computer equipment of Users brought about by causes beyond the control of BARCELONACTUA and which prevent or delay the provision of services or browsing of the system; (ii) delays or blockages in use caused by deficiencies or overloading of the internet or other electronic systems; (iii) damages caused by third parties by means of unlawful interference which is beyond the control of the Social Network and not attributable to BARCELONACTUA; (iv) the impossibility of providing the service or allowing access for reasons not attributable to BARCELONACTUA, due to Users, third parties or force majeure.
5. In general, BARCELONACTUA does not monitor how Users use the Social Network. In particular, BARCELONACTUA does not guarantee that Users use the Social Network in accordance with the law, these Terms of Use, morality and generally accepted customs and public order, nor that they do so in a diligent and prudent manner.
6. In the event that technical linking devices are made available to Users (such as links, banners, buttons, etc.), as well as directories and search tools that enable Users to access websites belonging to and/or managed by third parties, BARCELONACTUA does not guarantee or assume any liability for damages of any kind that may be due to the operation or accessibility of the linked sites, nor for the quality, legality and usefulness of the information and content and services existing on these linked sites.
7. Similarly, BARCELONACTUA shall not be liable for the opinions expressed by Users by means of comments or any other participative tools on the Social Network.


11. BASIC RULES FOR COMMENTS MADE ON THE SOCIAL NETWORK

1. The comments and opinions sent by Users are the sole responsibility of the latter and BARCELONACTUA is not liable for their content as they do not represent its opinion.
2. Comments should be respectful, in order to encourage the free exchange of ideas within a moderate and coherent framework.
3. Without prejudice to the provisions of the rest of these general conditions, BARCELONACTUA would like to remind Users that it is strictly forbidden to send comments whose content contravenes the law, morality or public order, as well as those whose content is offensive, racist, sexist, xenophobic or pornographic or violates human rights or the honour or image of people, or which advocate terrorism.
4. BARCELONACTUA does not directly supervise the comments posted by Users on the Social Network. However, should any User consider that a comment infringes these general terms and conditions, they may notify BARCELONACTUA via the Contact link. BARCELONACTUA shall take this notification into account and shall take the appropriate and corresponding measures, including the possible removal of the reported comment and the user who made it.


12. CONDITIONS APPLICABLE TO UPLOADING CONTENT

1. Licence: Users grant BARCELONACTUA all exploitation rights (including the rights of reproduction, distribution, public communication, availability and transformation) for the videos, photographs and any other content uploaded to the Social Network. In particular, Users authorise BARCELONACTUA to modify, adapt or create derivative works of the content provided, directly or via third parties, for exploitation by any means and for any purpose (hereinafter jointly the "Content"). BARCELONACTUA may exercise such rights and exploit such Content in the manner it deems appropriate, via any form of exploitation within the Social Network.
2. Term and territory: The assignment referred to in the two previous sections shall be understood to be made for the entire territory of the world and for the entire legal duration of the aforementioned rights.
3. Consideration: BARCELONACTUA shall not be required to pay any remuneration for the aforementioned assignment of rights.
4. Promotion: BARCELONACTUA may use the Content, including together with other third-party content, to promote the services offered via the Social Network in any medium. BARCELONACTUA shall not be required to pay any remuneration for such use.
5. Representations and warranties:
a. Users assert and guarantee that: (i) they are the sole and exclusive owner of all intellectual and industrial property rights over the Content or that the owner of said rights has granted them a licence or authorisation and that, in said capacity, they are fully entitled to assign to BARCELONACTUA the rights covered by these conditions, such that neither the Content nor its exploitation or use in the manner provided for in these terms shall infringe any third-party rights, whether industrial or intellectual copyright, trade secrets, image rights or any other; (ii) there is no claim, judicial or extrajudicial, that affects any of the Content and they have not been alerted to the possibility that such a claim may be filed, nor are they aware of any reason that could result in the filing of such a claim; (iii) the Content does not contain any aspect that violates any applicable law or regulation, nor does it defame or violate the privacy, honour or image rights of third parties; (iv) there are no commitments or encumbrances of any kind that could affect the peaceful exercise by BARCELONACTUA of the rights covered by these conditions, nor during the term of these conditions will they enter into any commitments or encumbrances with third parties; (iv) all information provided to BARCELONACTUA is true and accurate; (v) they have obtained the necessary authorisation from any persons appearing in the Content; and (vi) they have paid any sums that may have been generated by the Content as royalties to any management entities or other third parties. Where applicable, Users shall keep and make available to BARCELONACTUA the authorisations or licences provided for in this paragraph.
b. In any case, Users shall be solely liable for the Content uploaded to the Social Network and the consequences of its inclusion and subsequent use. BARCELONACTUA assumes no liability for the Content uploaded by Users. Users shall be solely liable for any claims that may be brought by third parties and that are related in any way to the Content.
c. Users shall indemnify, defend and hold harmless BARCELONACTUA, its employees, sublicensees and/or assignees, for any damages that may be caused to them, including all types of legal costs and fees of lawyers, solicitors and experts, arising from (i) a breach by the User of any of the assertations or guarantees contained in this section of Representations and warranties, or (ii) any action or claim brought by a third party against any of the former on the grounds that the Content, in whole or in part, in any way infringes any regulation applicable thereto, or the rights of a third party, or has caused damage to any person.
6. Claims: Each of the parties undertakes to inform the other, as soon as it becomes aware thereof, of the existence of any claim by a third party related to the Content that could give rise to the application of the aforementioned obligation to defend and compensate the User. BARCELONACTUA may, if it so wishes, intervene in the defence of said claim with its own lawyers or, at its choice and after prior notification to the User, leave the management thereof and the choice of lawyers to carry this out to the User, in both cases the User fully assuming the cost of said defence (including the fees of lawyers and solicitors).
7. Monitoring of content: BARCELONACTUA reserves the right to remove Content uploaded by Users at any time, in which case these terms and conditions shall terminate with respect to the content in question. In particular, and without limitation, BARCELONACTUA may remove Content in the following cases: (i) when the Content is, in its opinion, inappropriate, as it contains defamatory, libellous, obscene, threatening, xenophobic elements, incites violence or discrimination on grounds of sex, race, ideology or religion or in any way violates morality, public order, fundamental rights, public freedoms, the honour, privacy or image of third parties and, in general, current legislation; or (ii) in general, when the Content infringes the rights of third parties and, in particular and without limitation, intellectual property or image rights.


13. APPLICABLE LAW AND JURISDICTION

1. The provisions contained in these Terms of Use shall be governed by and interpreted in accordance with Spanish law.
2. Unless expressly prohibited by law, in order to resolve all litigious matters arising from these Terms of Use or relating to the breach, interpretation, termination or validity of any provision of the Social Network, the parties, by mutual agreement, submit to the jurisdiction of the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that may correspond to them.


COMMITMENT AGREEMENT BETWEEN THE ORGANISATION AND THE VOLUNTEER
The BarcelonActua Foundation, of Spanish nationality, with Tax Code (CIF) G66571746, domiciled at Carrer de Santa Perpètua, 6-8, 08012 Barcelona, entered in the Foundations Register of the Catalan government under no. 2,943 and
The User, who accepts this commitment, rights and duties as an account holder within the BarcelonActua volunteer network
HEREBY AGREE:
With this document, and in accordance with the provisions of Article 1.3.d of the current Workers' Statute  and Article 7 of Law 25/2015, of 30 July, on volunteering and the promotion of associations, to establish the following:
Within the framework of Law 25/2015, of 30 July, on volunteering and the promotion of associations, and in favour of the organisation BarcelonActua Foundation, which acts without any profit motive, the User offers to carry out an act, involvement, participation, action or voluntary, free and altruistic activity without any financial remuneration, for the benefit of third parties and to improve their quality of life and the environment, without this activity being able to prejudice the main or private obligations of the volunteer.

The voluntary activity, as well as the commitment to participate as a volunteer with the aforementioned organisation, shall be carried out within a period determined by the activities for which the User has registered on our website. In no case shall the tasks carried out by the aforementioned volunteer replace any jobs established for the provision of the services. Should the tasks assigned to the volunteer be modified, a new commitment agreement must be drawn up.

The volunteer shall dedicate themselves exclusively to the tasks established in the description of the activity and included in the plan of the project they are collaborating with as a volunteer.
This commitment shall end under the following circumstances:
 - It is decided by both parties.
 - It is decided by one of the parties, without any prior notice period.
 - The agreed term ends.
 - The programme or project in which the volunteer participates ends.
 - One of the parties fails to fulfil one of their obligations.
The party requesting termination must notify the other party in writing. The date and cause of the termination must be stated. There shall be no financial compensation for either of the two parties.
For any issue not covered by this document, the Law on volunteering and the promotion of associations shall be taken into account, as well as any regulations implementing this.
The terms and conditions expressed on this page are accepted when this document is accepted on our website.

Rights and obligations of volunteers
Defined in Articles 8 and 9 of the Law on volunteering and the promotion of associations.

Volunteers have the right to:
a) Obtain information from the BarcelonActua Foundation on the mission, purpose and operation of the organisation, on the purpose and implementation of the voluntary activity and on the impact they have within the organisation, as well as information on the activities, resources and support to be able to carry these out correctly.
b) Receive training to carry out the activity and be able to participate in training on the project.
c) Be treated with respect and without discrimination.
d) Sign the commitment agreement with the organisation.
e) Receive accreditation or be identified as a volunteer.
f) Obtain a certificate of participation in the organisation's programmes. This must include, at least, the volunteer activity carried out, the period and the total number of hours.
g) Be recognised and accredited for the experience acquired.
h) Take part in drawing up, planning, implementing and evaluating the programmes and activities in which they collaborate, in accordance with the internal dynamics of the organisation.
i) Receive information on the health and safety and hygiene conditions of the volunteer activity and be assured that these are complied with.
j) Be covered by risk insurance for the volunteer activity and for any damages they may unintentionally cause. Volunteers must not pay any expenses for their voluntary work.
k) Freely agree on the conditions and changes in the voluntary activity, the tasks, duration, timetable and responsibilities of each party.
l) Withdraw from the voluntary activity whenever they wish.

Volunteers have the obligation to:
a) Cooperate in order to achieve the organisation's goals and programmes.
b) Participate actively with the resources provided by the organisation.
c) Keep the information they receive from or know about the organisation confidential.
d) Refuse any financial remuneration, either from the person attended or from any other person
related to the volunteer activity.
e) Actively participate in the training agreed with the organisation.
f) Use the organisation's accreditation and ID only in order to carry out the agreed volunteer functions and services.