Legal Notice and Conditions of Use
Legal information and acceptance
This Legal Notice regulates the access and use of the web page corresponding to the address www.europeantimes.news (the “Portal”) a project whose trademark is owned by FRVS 00837948N (hereinafter, “T.E.T.” or “We”), with address for communication and publicity address Calle Puerta de Abajo, 16, Oficina B, CP 28430 Alpedrete, Madrid Email: contact [a] europeantimes.news. “The European Times” is a trademark. Having complied with the provisions of the current Trademark Law 17/2001 of 7 December 2001, the registration certificate has been issued for the trade name THE EUROPEAN TIMES. In accordance with the aforementioned Trademark Law, the registration of the trade name confers on its holder the exclusive right to use it in the course of trade. The registration has been granted, without prejudice to third parties, for ten years from the date of filing of the application, and may be renewed indefinitely for further periods of ten years. The EuropeanTimes.NEWS is an independant de facto project, is registered as a private entity in Spain. Address: The EuropeanTimes.NEWS , The use of the Portal confers the condition of user of the Portal (hereinafter, the “User”) and implies acceptance of all the rules of use contained in this Legal Notice.
Conditions of use of the Portal
Users are obliged to make correct use of the Portal in accordance with the Law and this Legal Notice. Users who fail to comply with the Law or this Legal Notice shall be liable to T.E.T. or to third parties for any damages that may be caused as a result of failure to comply with this obligation. It is expressly forbidden to use the Portal for purposes that are harmful to the property or interests of T.E.T. or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or products and computer applications (software) of T.E.T. or third parties.
Introduction of links to the Portal
Users or providers of Information Society Services who wish to introduce links from their own web pages to this Portal must comply with the conditions detailed below: No false, inaccurate or incorrect statement of any kind shall be made from the page that introduces the link about T.E.T. , its partners, employees, members or about the quality of the services it offers. Under no circumstances shall it be stated on the page where the link is located that T.E.T. has given its consent for the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender or that it supports the ideas, statements or expressions included on the sender’s page. The use of any word, graphic or mixed brand or any other distinctive sign of T.E.T. is prohibited except in cases permitted by law or expressly authorised by T.E.T. and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause. The link will only connect to the home page or main page of the Portal, without reproducing the Portal or its content, and in any case it is prohibited to establish frames or frames or otherwise allow the visualisation of the Portal or its contents through an internet address other than those of the Portal. The page that establishes the link must comply faithfully with the Law and may not under any circumstances provide or link to its own content or that of third parties that are illicit, or that are inappropriate in relation to the activity of T.E.T. .
Intellectual and industrial property
The Portal, including its graphic design, as well as its contents, understood to include but not limited to texts, photographs, graphics, images, software and other contents, are the intellectual property of T.E.T. or of third parties who have licensed it to T.E.T. , and none of the exploitation rights recognised by current legislation on intellectual property may be understood to have been ceded to Users. In particular, Users must refrain from reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the contents except to the extent necessary for browsing the Portal, in cases authorised by law or when expressly consented to by T.E.T. . The trademarks, trade names or distinctive signs are owned by T.E.T. and it may not be understood that access to the Portal grants Users any right over the aforementioned trademarks, trade names and/or distinctive signs. Any other trademarks belong to their owners and the user is responsible of getting any potentially needed permission to use them.
Exclusion of liability
For the availability of the service
T.E.T. tries to keep the Portal operational and error-free, but the User agrees to use the Portal under his or her sole responsibility. The Portal is provided on an “as is” basis, without warranty of any kind, either express or implied, and therefore, unless legally required under applicable law, we make no warranties as to its merchantability or fitness for a particular purpose, nor do we warrant that access to or use of the Portal will be uninterrupted or error-free. Likewise, access to the Portal requires services and supplies from third parties, including transport through telecommunications networks, whose reliability, quality, security, continuity and operation is not the responsibility of T.E.T. and is not under its control. T.E.T. shall not be held responsible for failures or disconnections in telecommunications networks or other services provided by third parties that cause the suspension, cancellation or interruption of access to the Portal.
Content and services linked to through the Portal
The Portal may include links that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, T.E.T. acts as a provider of intermediary services in accordance with article 17 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (“LSSI”) and will only be responsible for the contents and services supplied on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify T.E.T. in accordance with the procedure and effects established in clause 4 of this Legal Notice, without this notification in any case entailing the obligation to remove the corresponding link. Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of T.E.T. with the statements, content or services provided.
Third-party content hosted by T.E.T.
The Portal includes or may include the possibility for Users or other third parties to publish comments, videos, photographs, messages, opinions, etc. In these cases, T.E.T. acts as a provider of hosting intermediation services in accordance with article 16 of the LSSI and will only be responsible for the content published by other Users or third parties to the extent that it has effective knowledge of the unlawfulness and has not removed the unlawful content with due diligence. In the event that the User considers that there is illicit or inappropriate content, he/she may notify T.E.T. in accordance with the procedure and effects established in clause 4 of this Legal Notice, without this notification in any case entailing the obligation to remove the corresponding comment or content. Under no circumstances shall the existence of third party content presuppose the existence of agreements with the authors of the same, nor the recommendation, promotion or identification of T.E.T. with the statements or information provided.
Security of the Portal
The connection to the Portal is made through open networks so that T.E.T. does not control the security of data communication or equipment connected to the Internet. It is the User’s responsibility to have appropriate tools for the prevention, detection and disinfection of harmful computer programs or malicious software. Information on free tools for detecting malicious software such as viruses, Trojans, etc. can be obtained from the OSI website: http://www.osi.es/es/herramientas . T.E.T. shall not be liable for any damage caused to Users’ computer equipment during connection to the Portal by acts of third parties or for the lack of security or confidentiality of the information transmitted by third-party equipment and telecommunications networks or as a result of software or hardware vulnerabilities in Users’ own equipment.
Communication of activities or services of an illicit and inappropriate nature
Description of the facts that reveal the illicit or inadequate nature of the service.
In the event of violation of rights, such as intellectual and industrial property or any other rights whose existence cannot be deduced by T.E.T. , documentation must be provided that accredits the existence of the title or legal right that has been infringed. In addition, the personal details of the owner of the infringed right must be provided when this is a person other than the communicating party, as well as the representation document to act on behalf of the former in these cases. Express declaration that the information contained in the complaint is accurate. Receipt by T.E.T. of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.
Data Protection and Cookies
T.E.T. reserves the right to introduce modifications to this Legal Notice, publishing any change in the same form in which this Legal Notice appears or through any type of communication to Users or any other appropriate procedure. Therefore, the temporary validity of this Legal Notice coincides with the time of its publication, until they are totally or partially modified, at which time the modified Legal Notice will come into force. Consequently, the User must read this Legal Notice carefully each time he/she accesses the Portal.
Commercial Terms and Conditions
I. GENERAL TERMS AND CONDITIONS
I.1. Contracting Parties (a) The wording of these Commercial Terms and Conditions is binding on the Contracting Parties, i.e. the Client and the Provider. (b) The Client – an organisation entering into a written contractual agreement with the Provider. (c) The Provider – The EuropeanTimes.NEWS operating the website and providing services of an online medium. The Provider is registered in Spain I.2. Introductory Provisions (a) These are considered to be the Commercial Terms and Conditions of the Provider. (b) These terms and conditions are applicable to the Provider and its Clients as of 14 August 2020. (c) The Commercial Terms and Conditions form an integral part of any contract between the Client and the Provider. (d) A contract between the Client and the Provider is established on the basis of a written order – also in the form of electronic mail and electronic order forms (hereinafter the ‘Order’). (e) Unless the Provider informs the Client within two (2) business days after having received an order that it does not accept certain conditions of the Order, the conditions mentioned in the Order will be deemed valid for the relationship between the Contracting Parties. (f) A contract between the Client and the Provider is also established if the Client accepts a proposal from the Provider to change the conditions of an Order. Then the contractual relations are governed by the latest agreed conditions. (g) The agreed conditions of the contractual relations may be amended or cancelled only on the basis of the express agreement of the two Contracting Parties. I.3. Subject Matter of the Performance The subject matter of the performance is the provision of services connected with the Provider’s line of business, in particular the performance of provision of services provided for Advertisers, Sponsors, Syndication partners and Clients, services of Press Release (hereinafter the “Job”) according to the requirements specified in the Order. I.4. Editorial Independence The Provider works on the basis of editorial independence and does not limit its coverage to its Clients. Its principles are explained in The EuropeanTimes.NEWS ’s Editorial Mission and Editorial Charter. I.5. Contract Renewal and Termination (a) The contract Renewal applies to Sponsors. (b) The contract Renewal occurs automatically one year after the date of signature (‘Renewal Date’), and each subsequent year, unless either party cancels the contract by registered mail at the latest one month prior to the Renewal Date. The price of each renewal will rise by 5 percent, unless otherwise agreed in writing by the Contracting Parties at the latest one month prior to the Renewal Date. (c) If requested by the Client, the Provider offers an achievement meeting and provides an annual report about the services provided, advertising implemented and statistics 6 weeks prior to the renewal date. I.6. Conditions Governing Unused Job (a) Any Job, which was ordered, but has not been used by the Client until the Renewal Date (e.g. advertising, job adverts), can not be transferred into the period after the Renewal Date, unless agreed by written consent of both Contracting Parties. (b) Transfer of this Job in favour of other organisations is not possible, unless agreed by written consent of both Contracting Parties. I.7. Clients Mentioned in Publications Clients may be mentioned (with logo and/or name) in the Provider’s print and electronic publications. The Provider provides this as a service to the Client to increase its visibility in EU circles and through its EU Network. If a Client wishes not to be mentioned in such publications, it should mention this to the Provider and include this into the Order. I.8. Copyright and Trademarks The Provider is not liable for any possible consequences connected with any infringement of copyright. I.9. Cooperation and Trust (a) The Client commits, until one year after the end of any agreement, not to recruit passively or actively any individual member of the Provider’s team, be it full time or part time, as employee or service provider, without prior written consent of the Provider. (b) The Provider welcomes enquiries and proposals made by intermediates such as agencies or consultancies on behalf of other companies that are new prospects, not yet in contact with the Provider. In such cases, the Provider respects the value of the contacts and ideas provided, and aims to respect the role of the intermediate, including – if requested – their wish to be informed of contacts with that customer. I.10. Privacy Protection (a) The Provider will protect any personal or Client’s information provided to it. The Provider is committed to protect privacy and will not sell, trade or rent private information to third parties, unless specifically mentioned. (b) The Provider undertakes to maintain confidentiality regarding any dealings connected with the subject of the performance. (c) Given that a physical person’s image is classified as personal data by the General Data Protection Regulation (GDPR), the client has the obligation to comply with current data protection legislation and the GDPR, with regard to filming on behalf of the client. The EuropeanTimes.NEWS doesn’t hold any responsibility in the event of complaints concerning misuse of personal data that might arise from the multimedia products created and distributed within the scope of a contract with the client. I.11. Price All prices in the price list of services are exclusive of VAT. VAT will be applied according to Spanish VAT rules. I.12. Terms of Payment (a) The Provider is entitled to issue an invoice as soon as a Job is completed in accordance with the Order or as soon as the Client becomes a Sponsor. (b) The price of the Job will be paid on the basis of the invoice issued by the Provider, the maturity of which will be specified in this invoice. (c) The Client should pay for the Job in one instalment within the period specified below, counted from the invoice date to the Provider’s Spanish bank account, unless otherwise stated in the Order. If the payment conditions in the Order conflict with these Terms, the former should apply. Client Payment is due in the following period after invoice has been issued Press Release Client – 15 calendar days Advertiser – 15 calendar days Sponsor – 15 calendar days unless specified otherwise in the contract I.13. Late Payment If a Client does not pay on time after a reminder, the Provider reserves the right to (i) charge interest of 5 per cent per month applied on the amount invoiced excluding VAT from the initial due date, (ii) remove any advertising material or references to the Client from the Site, (iii) take any legal steps. I.14. Defective Job (a) A completed Job is considered defective if it has not been performed in accordance with the Order. (b) In all other cases, the Job shall be considered to have been performed properly. I.15. Complaints (a) Any complaints will be made in writing. The complaint must state the grounds for the complaint, and describe the nature of the defects. (b) If the Provider recognizes the Client’s complaint as justified, it shall provide a revision of the Job at its own expense. I.16. Deadline for Complaints (a) Any claims arising out of the liability for defects cease to be valid if they are made belatedly. (b) The Client is obliged to file any claims based on any defects in a Job without undue delay immediately upon discovering such defects. I.17. Withdrawal from the Contract (a) Either Contracting Party has the right to withdraw from the contract if, after entering into the contract, insurmountable impediments arise on its part which prevent it from fulfilling its obligations. (b) The Contracting Party withdrawing from the contract must inform the other Contracting Party of this fact in writing. (c) The Provider is not liable to the Client for damage incurred due to the non-performance of a concluded contract if it is a result of unforeseeable and unavoidable events the occurrence of which the Contractor could not have prevented (see paragraph I.20 below). I.18. Governing Law and Jurisdiction (a) These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes. (b) In case of difficulty to implement or interpret these Terms, it will be submitted to arbitration by one arbiter designated by common agreement of the Contracting Parties, within one month of one party requesting it. In case the parties cannot agree on a joint arbiter, within one additional month, each one will designate one arbiter, and both arbiters will designate a third one. The parties will be bound by the findings of the arbiter(s). (c) The language of proceedings will be English and the legal principles will be those of English law and case law. I.19. Severability/Survival/Statute of Limitations (a) If any provision of this agreement is held by a court of jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. (b) Any cause of action of the Client with respect to these Terms must be filed in a court of competent jurisdiction within one year after the cause of action has arisen, or such cause will be barred, invalid, and void. I.20. Force Majeure The Provider, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions. I.21. Changes to these Terms and Conditions The Provider reserves the right to amend or modify these Terms or impose new Terms and Conditions at its convenience. Either Contracting Party will be deemed to have accepted all the new changes 24 hours after they become effective on the Site. Contact contact [a] europeanaffairs.news for more information.
II.1. Introductory Provisions The following conditions apply to those Clients using the Provider’s advertising services on the Site, its partner web sites and in the Newsletters published by the Provider (the ‘Advertisers’). II.2. Advertising Services The Job is the provision of advertising services (‘Advertising’) specified by the Advertiser in the Order and media plan on the agreed dates and delivered in the agreed manner. II.3. Organization of Advertising (a) Advertising is organized in amount of weeks, starting on Monday and ending on Sunday the same week, unless agreed otherwise by the Contracting Parties. (b) After initial agreement, the Provider will first send a proposal of a media plan mentioning the period and position of advertising materials on the Site and in its newsletters. The Provider will also attach a proposal of an Order based on the initial agreement. (c) By delivering the Order signed to the Provider, the Advertiser undertakes to accept the media plan and the completed Job and to pay the final price for the Job. II.4. Advertising Exclusivity Unless explicitly stated in the Order, the Advertiser’s Advertising on the Site or on its sections or in its Newsletters is not exclusive, i.e. the Advertiser shares the same advertising position with other Advertiser(s). II.5. Creation of Advertising Material (a) After reception of the Order, advertising material will be created according to Advertising Specifications either by the Advertiser or by the Provider. (b) The Advertiser can provide the Provider with its own Advertising Material: (i) the Advertising Material submitted by the Client must be in line with The EuropeanTimes.NEWS ’s Advertising Specifications; (ii) the Advertiser submits the Advertising Material by at least 5 business days before the start of the campaign. (c) If the Advertiser requests so, the Provider designs the Advertising Material for the Advertiser: (i) the Provider will request visual and text material from the Advertiser which will be used as an inspiration for creating Advertising Material; (ii) once the Advertising Material is created by the Provider, it will send it to the Advertiser for approval, with a limit of three drafts including the final version for publication. Further drafts may be subject to a fee. Any Advertising Material created by the Provider will remain its own property and may not be re-used without prior written permission. II.6. Responsibility for the Advertising Material (a) In both cases the Advertiser accepts full responsibility for the messages and content of the Advertising Material. The Provider reserves the right not to publish a part or the whole Advertising Material, without any indemnity, even if its contact person initially acknowledged the Advertising Material, if it considers it aggressive, inappropriate, too ‘flashy’ or for any other reason. (b) The Provider does not accept advertisements that expand outside of the designated ad space, without prior written agreement. II.7. Contact Email to contact [a] europeantimes.news if you would like to receive more information regarding the Provider’s services for Advertisers.