Legal notice

Legal Notice

By using the website WWW.MERITXELLOBIOLS.COM, you are user of the website (hereinafter, the “User”). This implies full acceptance without reservation of each and every one of the provisions included in this Legal Notice in the version published by Meritxell Obiols | Coaching bcn | at the exact time that the User accesses the website. Consequently, the User must carefully read this Legal Notice each time they use the Website, since it may undergo modifications.

The use of certain services offered to Users through the Website is subject to its own particular conditions (hereinafter, “Particular Conditions”), which, depending on the case at hand, replace, complete, and/or modify this Legal Notice. Therefore, before using said services, the User must also carefully read the Particular Conditions.

Additionally, use of the Website is also subject to all notices, regulations for use, and instructions of which the User is made aware by Meritxell Obiols | Coaching bcn that replace, complete, and/or modify this Legal Notice.

2. PURPOSE

Through the website, Meritxell Obiols | Coaching bcn | provides Users with access and the use of different services and contents (hereinafter, the “Services”) made available by Meritxell Obiols | Coaching bcn | or by third parties.

3. CONDITIONS FOR ACCESSING AND USING THE WEBSITE

3.1. Free nature of accessing and using the Website

The provision of Services by Meritxell Obiols | Coaching bcn | is free in nature for Users. Notwithstanding the aforementioned, some of the Services supplied by Meritxell Obiols | Coaching bcn | or by third parties through the Website are subject to payment of a price as set forth in the corresponding Particular Conditions.

3.2. User Registration

In general, the provision of Services does not require prior User subscription or registration. Notwithstanding, Meritxell Obiols | Coaching bcn | conditions the use of certain Services to completing pertinent User registration beforehand. Additionally, Meritxell Obiols | Coaching bcn | provides Users with some Services that require additional registration to be used. Said registration shall be completed expressly as indicated in the service itself or the Particular Conditions that regulate it.

3.3. Truthfulness of the Information

All information that the User provides through the Services must be truthful. To this end, the User guarantees the authenticity of all information they provide as a result of completing the forms necessary to subscribe to the Services. Additionally, it is the User’s responsibility to keep all information provided to Meritxell Obiols | Coaching bcn | permanently updated, such that it reflects the User’s real situation at all times. In any event, the User shall be the sole party liable for false or inaccurate statements that they make and the harm that this may cause to Meritxell Obiols | Coaching bcn | or to third parties due to the information they have provided.

3.4. Minors

To use the Services, minors must obtain permission from their parents, guardians, or legal representatives beforehand, who shall be considered liable for all actions carried out by the minors under their charge.

Full liability for determination of the specific contents and Services that minors access falls on the legal adults responsible for the minors. Since the internet makes it possible to access contents that may not be suitable for minors, Users are hereby informed that there are mechanisms, specifically computer programs for filtering and blocking, that limit available content. While not infallible, they are especially useful for controlling and restricting materials to which minors have access.

3.5. Obligation to correctly use the Website and Services

The User undertakes to use the Website and Services according to the Law, to this Legal Notice, to the Particular Conditions for Certain Services and other notices, regulations for use, and instructions of which the user has been made aware, and according to ethical standards, generally accepted morality, and public policy.

To this end, the User shall refrain from using any of the Services for any purposes or ends that are illegal, prohibited by this Legal Notice, harmful to the rights and interests of third parties, harmful to their personal and/or professional image, or in any other fashion that could harm, render useless, overload, deteriorate, or impede normal use of the Services, computer equipment, or documents, files, and any kind of contents stored on any computer device (hacking) owned by Meritxell Obiols | Coaching bcn |, other Users, or any other internet user (hardware and software).

Particularly, and including, but not limited to, the User shall refrain from sending, sharing, or providing third parties with any information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any sort of material that:

(a) in any way, contravenes, belittles, or violates the fundamental rights and public freedoms that are recognized by the Constitution, International Treaties, and other laws;

(b) leads to, incites, or promotes criminal, denigrating, slanderous, harmful, or violent action, or, in general, contravenes the law, morality, and generally accepted good customs or the public order;

(c) leads to, incites, or promotes actions, attitudes, or thoughts that are discriminatory based on sex, race, religion, beliefs, age, or condition;

(d) includes, makes available, or provides access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, that contravene the law, morality and generally accepted good customs or the public order;
(e) leads or may lead to an unacceptable state of anxiety or fear; (f) leads or incites one to participate in practices that are dangerous, hazardous, or harmful to health and mental balance;

(g) is false, ambiguous, inaccurate, exaggerated, or inopportune, such that it leads or may lead to error regarding its purpose or the intentions or purposes of the communicating party;
(h) is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained the necessary authorization from the owner for the use the User is making or intends to make of said material;
(i) violates the business secrets of third parties;
(j) contravenes the right to honor, personal and family privacy, or the image of persons;
(k) discredits the Gabinete Educativo or third parties in any way;
(l) violates regulations on the secrecy of communications;
(m) if applicable, constitutes illegal, misleading, or false advertising, and, in general, that constitutes unfair competition;
(n) includes a virus or other physical or electronic elements that could harm or prevent normal operation of the network, system, or computer devices (hardware and software) belonging to Gabinete Educativo or third parties or may harm the electronic documents and files stored on said computer devices;
(o) due to its characteristics (such as format, extension, etc.), causes difficulties in the normal operation of the Service. 

3.6. Obligation to correctly use the Contents

Pursuant to provisions in clause 3.5, the User undertakes to use the contents made available to Users on the Website, which include, but are not limited to, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound contents, as well as their graphic design and source codes (hereinafter, the Contents) in compliance with the law, this Legal Notice, the Particular Conditions for Certain Services and other notices, regulations for use, and instructions made available to them, as well as morality and generally accepted good customs and the public order and, particularly, undertakes to refrain from:

(a) reproducing, copying, distributing, making available, or publicly communicating, transforming or modifying the Contents in any way, unless express prior authorization has been granted by the owner of the pertinent rights or doing so is legally permitted;

(b) deleting, manipulating, or altering in any other way the copyright and other identifying information on reservation of rights held by Meritxell Obiols | Coaching bcn | or the owners of digital footprints or any other technical means established for their identification. The User must refrain from obtaining and even attempting to obtain the Contents, using to this end measures or procedures that are different from those which, depending on the case at hand, were made available to this end or that were indicated to this end on the webpages where the Contents are found or, in general, that are customarily used on the internet to this end, provided that they do not pose a risk of harm to the Website, the Services, and/or the Contents, or rendering them useless.

3.7. Use of Services offered on the Website pursuant to Meritxell Obiols | Coaching bcn |’s Anti-Spamming Policy

The User shall refrain from:

(i) collecting data for advertising purposes and sending advertising of any kind and communications for sales purposes or other commercial purposes without prior request and consent;

(ii) sending any other mass unsolicited messages or any other mass messages not agreed to beforehand;

(iii) sending chains of unsolicited emails or messages not previously agreed to;

(iv) using distribution lists that may be accessed through the Services to carry out the activities set forth in sections (i) through (iii) above; 

(v) providing third parties with data collected from distribution lists for any purpose.

The Users or third parties harmed by receiving unsolicited mass messages may inform Meritxell Obiols | Coaching bcn | of this circumstance by sending a message to this email address: info@hosteltur.com

4. WEBSITE INTELLECTUAL PROPERTY
5. Meritxell Obiols | Coaching bcn is owner of all intellectual and industrial property rights on its webpages, as well as the elements contained therein (news, images, sound, audio, video, documents published and drawn up by Meritxell Obiols | Coaching bcn, brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for operation, access, use, etc.), owned by Meritxell Obiols | Coaching bcn.
6. Pursuant to provisions in articles 8 and 32.1, paragraph two, of the Intellectual Property Law, it is expressly forbidden to reproduce, distribute, and publicly communicate, including by making available, all or part of the contents of this website, for commercial purposes, in any format and by any technical means, without authorization from Meritxell Obiols | Coaching bcn.
7. The USER undertakes to respect the Intellectual and Industrial Property Rights held by Meritxell Obiols | Coaching bcn. Under no circumstance does acceptance of these conditions imply that the USER has acquired the intellectual or industrial property rights related to the service or its contents. The USER must refrain from deleting, altering, bypassing, or manipulating any protective device or security system that may be installed on Meritxell Obiols | Coaching bcn’s pages.
8. CONDITIONS FOR USE OF THE RSS NEWS SERVICE
9. Meritxell Obiols | Coaching bcn grants the USER the non-exclusive, non-transferrable right to the FREE RSS NEWS SERVICE.
10. The USER may not use any of Meritxell Obiols | Coaching bcn’s Content that is not stipulated in this LEGAL NOTICE, may not grant any additional license to Meritxell Obiols | Coaching bcn’s Content, or make it available in any way or through any platform not the USER’S, and may not alter or edit Meritxell Obiols | Coaching bcn’s Content in any way.
11. The free nature of this service means that Meritxell Obiols | Coaching bcn is not bound to the USER to maintain this service. As such, the USER may not file any sort of claim and/or compensation for cancellation and/or improper function.
12. The USER is bound to include the information included in the RSS file on all the pages where they include news that has come from Meritxell Obiols | Coaching bcn. If the headlines are displayed in combination with headlines from other sources, the name of the source must also be indicated. This information is also included in the RSS.
13. All the headlines included in the RSS must be clickable and link directly to the  accompanying webpage in the RSS that shows the reader the page www.hosteltur.com where the entire text of the news can be read. The complete news piece must open in a new window.
14. The USER shall roll out and distribute Meritxell Obiols | Coaching bcn’s HEADLINES pursuant to the Technical and Design specifications of their own website. They may include as many pages from the website as they wish.
15. For microblogs like Twitter, if Tweets are published with Hosteltur’s news, even if replicated on the USER’S website with information from the source, the Tweet must include the source Tweet, for example (Source: Hosteltur.com).
16. The USER may only capture HOSTELTUR.COM’s RSS file once every 15 minutes (maximum 96 times per day). To this end, they must program their capture system appropriately. This means that every time one accesses a page on the USER’S site showing Meritxell Obiols | Coaching bcn’s HEADLINES, this page will search for said data from the latest updated RSS file that the USER stored on their own server.
17. Meritxell Obiols | Coaching bcn does not provide technical support for implementation of the RSS.
18. LIMITATIONS TO USE OF RSS NEWS
19. The USER of the SERVICE may not store any of the content provided through the service (headlines, news text, or any other kind) on their own server or a third-party server unless they have received prior written consent from Meritxell Obiols | Coaching bcn. In any event, if they save the headlines, said headlines must always link to Meritxell Obiols | Coaching bcn’s page showing the complete news piece.
20. The USER shall not charge Users of their website for accessing content provided by Meritxell Obiols | Coaching bcn, which must always be open and free of cost.
21. Advertising – If the USER includes advertising on the page including Meritxell Obiols | Coaching bcn’s SERVICE, the distinction between the two must be clear. The Content supplied by Meritxell Obiols | Coaching bcn shall not be used to attract people to purchase third-party products, unless specifically agreed upon in writing with Meritxell Obiols | Coaching bcn. The USER shall guarantee that the advertising on joint pages does not discredit Meritxell Obiols | Coaching bcn. Particularly, the USER agrees to not roll out or distribute advertising on Joint Pages that: is for or is related to weapons, terrorism, pornography, prohibited substances, and/or religion; that contains deceptive or exaggerated offers or that exploit the credulity, lack of knowledge, or inexperience of consumers; that could cause offense due to race, religion, disability, or sexual orientation. The USER is bound to consult Meritxell Obiols | Coaching bcn beforehand regarding any commercial advertisement that Meritxell Obiols | Coaching bcn could reasonably consider as controversial. Meritxell Obiols | Coaching bcn reserves the right to request removal.
22. The USER acknowledges Meritxell Obiols | Coaching bcn as the sole party with complete editorial control without restrictions over the Content supplied by Meritxell Obiols | Coaching bcn. The User shall distribute Meritxell Obiols | Coaching bcn’s Content completely, without editing, adapting, modifying, or rectifying it in any way.
23. All conditions and limitations to USE OF RSS NEWS are also intended for social media platforms, blogs, Wikis, communities, microblogs, nanoblogs, etc., which, through RSS synchronization functions or manual news replication, put Meritxell Obiols | Coaching bcn’s NEWS on these third-party platforms.
24. PERSONAL DATA PROTECTION

To use some of the Services, Users must provide Meritxell Obiols | Coaching bcn with certain personal data beforehand (hereinafter, “Personal Data.”) Meritxell Obiols | Coaching bcn shall process the Personal Data in automated fashion for the purposes of, and under the conditions set forth in, the Privacy Policy posted at the URL http://www.hosteltur.com

Meritxell Obiols | Coaching bcn has taken all legally required security measures to protect personal data and attempts to install other additional protective technical measures and means. Notwithstanding, the USER must be aware that security measures on the Internet are not impregnable.

Meritxell Obiols | Coaching bcn hereby informs that it collects the IP addresses of users who use the Forum service. The purpose of collecting these addresses is to collaborate with competent authorities, pursuant to applicable law, to protect the rights of users or third parties against fraudulent or illegal conduct from any other users.  Specifically, Meritxell Obiols | Coaching bcn may provide information on the IP address that identifies the user’s connection, as well as the exact time of the connection, usernames and passwords, and other data.

8. NON-LICENSE

All trademarks, trade names, or distinctive signs of any sort that appear on the Website are owned by Meritxell Obiols | Coaching bcn or third parties. Using or accessing the Website and/or the Services does not confer the User any right to said trademarks, trade names, or distinctive signs.

Additionally, the Contents are the intellectual property of Meritxell Obiols | Coaching bcn or third parties, and pursuant to provisions in this Legal Notice, none of the operational rights that exist or may exist over said Contents are granted to the User, beyond as strictly necessary to correctly use the Website and Services.

9. WAIVER OF GUARANTEES AND LIABILITY

9.1. Waiver of guarantees and liability for operation of the Website and Services

9.1.1. Availability and continuity, usefulness, and fallibility

Meritxell Obiols | Coaching bcn does not guarantee the availability and continuity of operation of the Website and the Services. When reasonably possible, Meritxell Obiols | Coaching bcn shall make advance notice of interruptions to operation of the Website and the Services. Meritxell Obiols | Coaching bcn cannot guarantee the usefulness of the Website and Services for any activity specifically, or their infallibility and, particularly, although not exclusively, that Users will be able to effectively use the Website and the Services, access the different webpages on the Website, or the pages from whence the Services are provided.

9.1.2. Privacy and security in using the Website and Services

Meritxell Obiols | Coaching bcn does not guarantee privacy or security in using the Website and the Services and, particularly, does not guarantee that unauthorized third parties will not be aware of the class, conditions, and characteristics of Users and how they use the Website and the Services.

9.2. Waiver of guarantees and liability for Contents

9.2.1. Quality

Meritxell Obiols | Coaching bcn does not control or guarantee the absence of viruses or other elements in the Contents that may alter computer systems (software and hardware), or electronic documents and files stored on your computer system.

9.2.2. Legality, reliability, and usefulness 

Meritxell Obiols | Coaching bcn does not guarantee the legality, reliability, and usefulness of the Contents.

Meritxell Obiols | Coaching bcn excludes, to the fullest extent permitted by law, any liability for damages of any kind that may arise from the transfer, dissemination, storage, provision, reception, obtaining, or access to the contents, and in particular, although not exclusively, for damages that may arise from:

(A) failure to comply with the law, morality, and generally accepted good customs or the public order as a result of the transfer, dissemination, storage, provision, reception, obtaining, or access to the contents;

(B) violating intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of individuals, property rights, and any other rights belonging to a third party as a result of the transfer, dissemination, storage, provision, reception, obtaining, or access to the contents;

(C) the commission of acts of unfair competition and unlawful advertising as a consequence of the transfer, dissemination, storage, provision, reception, obtaining, or access to the contents;

(D) lack of truthfulness, accuracy, completeness, pertinence, and/or timeliness of the contents;

(E) the inadequacy for any sort of purpose and frustration of expectations generated by the contents;

(F) non-compliance, delay in compliance, defective compliance, or termination for any reason of the obligations entered into by third parties and contracts entered into with third parties, by or for accessing the contents;

(G)  flaws and defects of any kind of content transferred, disseminated, stored, made available, or otherwise transferred or made available, received, obtained, or accessed through the website or the services.

9.2.3. Truthfulness, accuracy, completeness, and timeliness

Meritxell Obiols | Coaching bcn does not guarantee the truthfulness, accuracy, completeness, and timeliness of the Contents of its website generated by the employees of Meritxell Obiols | Coaching bcn or by the users of the page when publishing their opinions in the forums of this website.

To the fullest extent permitted by the law, Meritxell Obiols | Coaching bcn waives all liability for damages of any kind that may be due to a lack of truthfulness, accuracy, completeness, and timeliness of the contents.

9.3. Waiver of guarantees and liability for services provided by third parties through the Website

9.3.1. Quality
Meritxell Obiols | Coaching bcn does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the Website that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored in your computer system.

Meritxell Obiols | Coaching bcn waives all liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the services provided by third parties through the website that may cause alterations to the computer systems, electronic documents, or files of users.

9.3.2. Legality, reliability, and usefulness
Gabinete Educativo does not guarantee the legality, reliability, and usefulness of services provided by third parties through the Website.

Meritxell Obiols | Coaching bcn waives all liability for damages of any kind that may be due to services provided by third parties through the website, and particularly, although not exclusively, for damages that may be due to:

(A) failure to comply with the law, morality, and generally accepted good customs or the public order as a result of third parties providing services through the website;

(B) violating intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of individuals, property rights, and any other rights belonging to a third party as a result of third parties providing services through the website;

(C) carrying out actions of unfair competition and illegal advertising as a result of third parties providing services through the website;

(D) the lack of truthfulness, accuracy, completeness, pertinence, and/or timeliness of the contents transferred, disseminated, stored, received, obtained, made available, or accessible through the services provided by third parties through the website;

(E) the inadequacy for any kind of purpose and frustration of expectations generated by the services provided by third parties through the website;

(F) non-compliance, delay in compliance, defective compliance, or termination for any reason of the obligations entered into by third parties and contracts entered into with third parties in relation to or for the provision of services through the website;

(G) flaws and defects of any kind in the services provided by third parties through the website.

9.4. Waiver of guarantees and liability for use of the Website, the Services, and Contents by Users

Meritxell Obiols | Coaching bcn has no obligation to control and does not control the use that Users make of the Website, Services, and Contents. Particularly, Meritxell Obiols | Coaching bcn does not guarantee that Users use the Website, Services, and Contents in compliance with this Legal Notice and, if applicable, with applicable Particular Conditions, or that they do so diligently and prudently. Moreover, Meritxell Obiols | Coaching bcn does not have the obligation to verify and does not verify the identity of Users, nor the truthfulness, applicability, completeness, and/or authenticity of data that Users provide or publish about themselves to other Users.

Meritxell Obiols | Coaching bcn waives all liability for damages of any kind that may be due to Users’ use of the services and contents that may be due to a lack of truthfulness, applicability, completeness, and/or authenticity of the information that Users provide to other Users about themselves and, particularly, although not exclusively, for the damages of any kind that may be due to a user impersonating a third party’s identity in any kind of communication made through the website.

10. PROCEDURE IN THE EVENT OF ILLEGAL ACTIVITY

In the event that any User or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any Content and/or any activity on the webpages included or accessible through the Website and, particularly, the violation of industrial or intellectual property rights (patents, industrial sketches and models, trademarks and trade names, etc.) or other rights, they must send a notification to Meritxell Obiols | Coaching bcn with the following information:

(a) the claimant’s personal information: name, address, telephone number and email address;
(b) specification of the alleged illegal activity conducted on the Website and, particularly, when this is an alleged violation of rights, a precise and specific mention of the protected contents, as well as their location on the webpages;
(c) facts or circumstances that reveal the illegal nature of said activity;
(d) in the event of violated rights, a signed manuscript or equivalent with the personal information of the owner of the allegedly violated rights or of the individual authorized to act in name and on behalf of this individual;
(e) an express, clear statement, at the liability of the claimant, that the information provided in the notification is accurate, and of the illegality of the use of the content or activities described.

11. WITHDRAWAL AND SUSPENSION OF SERVICES

Gabinete Educativo may withdraw or suspend provision of Services to Users who fail to comply with provisions in this Legal Notice at any time and with no need for prior notice.

12. DURATION AND TERMINATION

In principle, provision of the Website service and the other Services is indefinite in duration. Notwithstanding, Meritxell Obiols | Coaching bcn is authorized to terminate or suspend provision of the Website service and/or any other Service at any time, notwithstanding provisions in this regard in the Particular Conditions. When reasonably possible, Meritxell Obiols | Coaching bcn shall provide advance notice of the termination or suspension of provision of the Website service and other Services.