Terms of use

Terms of use for the http//:www.marrakech.once.es website

The website https://marrakech.once.es/ is property of the ONCE, ID number Q-2866004-A, phone number +34 915890667 (ES-NIC administrative contact), fax number -34 915899020, registered office in 18 José Ortega y Gasset St., Madrid, Spain, 28006; and whose State Regulatory Norms are defined in the Royal Decree 358/1991, of March 15 th, by which the Spanish National Organization of the Blind is reordered. (The information offered in compliance of the article 10 of the Law 34/2002, of July 11th., of Services of the information society and electronic commerce).

Object

The download and use of the copies in accessible formats of the works that the ONCE puts at the disposal of the https://marrakech.once.es/ website users are ruled by these Terms of Use, which Users must expressly accept when they register on the website.

The ONCE reserves the right to modify, at any moment, the presentation and configuration of the website, as well as the present Terms of Use of the same, publishing said modifications on the website in order that they may be known by the authorized users.

Authorized users

The authorized users to access this platform are the ONCE affiliates and the "authorized entities" validated by the ONCE, after checking that they meet the relevant requirements, as this term is defined in art. 31 bis of the Intellectual Property Law and in art. 3 of the " Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled".

Access to the website

The access to copies in accessible format of the works made available through this website requires that ONCE has previously provided the User with an username and password to access the website.

Once the ONCE communicates the requesting user its condition as an authorized user and provides him with the access codes to the website, the user is obligated to keep those codes with the utmost diligence to keep them secret and not to reveal them to third parties, as well as to adopt the security measures that are necessary to prevent these codes from being used by third parties, assuming all responsibility for the consequences of their disclosure to third parties.

In the event that unauthorized third parties access the web and / or its contents, the user with whose codes the access has been made, will be liable for any damage and harm that may be caused as a result of the breach of his obligation of custody and confidentiality

In the event that the ONCE knows or suspects the use of a password by third parties, it must put this circumstance in the knowledge of the ONCE, as soon as possible.

Use of the website

The users agrees to use the https://marrakech.once.es/ website, its contents and services as established in these Terms of Use, in the Privacy Policy an in the Cookie Policy and, in general, in conformity with the applicable legislation on the subject, good customs and public order.

In the same way, the User undertakes to:

a)    Not use the website or its contents for harmful purposes to the ONCE or any third party, or for illicit or commercial activities.

b)    Do not violate intellectual or industrial property rights belonging to the ONCE or third parties.

c)     Not to destroy, alter, disable or in any other way, damage the contents found on the website or to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are susceptible to cause any type of alteration on the computer systems of the ONCE or of third parties.

The User shall be liable for damages of any kind that the ONCE or any third party may suffer, directly or indirectly, as a consequence of the breach of any of the obligations relating the Terms of Use or the law in relation to the use of the website.

The ONCE will be entitled to interrupt and / or eliminate, at its own discretion, the contents or to block or disable the access of the User to the website in case of alleged commission, complete or incomplete, of any of the offences according to the current Criminal Law, or in case of observing any conduct that in the opinion of ONCE, are contrary to morality, order, good customs or these Terms of Use, or may disturb the proper functioning, image, credibility and / or prestige of the ONCE.

The ONCE reserves the right to deny, at its discretion, at any time and without prior notice, any User's access to the website or any part of it, when the circumstances described in this condition occur.

Both the access to this website, and the use that may be made of the information and contents included in it, shall be the sole responsibility of the User.

Intellectual property
Under the exception contemplated in article 31 ter section of Royal Legislative Decree 1/1996, of April 12, which approves the Revised Text of the Intellectual Property Law (LPI), the ONCE is entitled to carry acts of reproduction, distribution and public communication of works already disclosed for the benefit of its members (blind and severely visually impaired), provided that they are not for profit, have a direct relationship with the disability in question, carried out through a procedure or means adapted to the disability and limited to what it demands. On the basis of this exception, the ONCE produces copies in accessible format of works already disclosed by their owners for the exclusive and personal use of their members, that is, of blind and visually impaired people.

Also, in accordance with the art. 31 ter of the LPI and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) in those special cases that do not conflict with the normal exploitation of the work, and that do not prejudice in excess the legitimate interests of the right holder, the ONCE is entitled to carry out the acts of the previous paragraph, for the exclusive use of persons blind, visually impaired or with other difficulties in accessing printed texts or from an authorized entity established in any Member State of the European Union or in a country that is a Contracting Party to the Marrakesh Treaty. Likewise, beneficiaries and authorized entities established in Spain may obtain or consult a copy in an accessible format provided by an authorized entity established in any Member State of the European Union or in a country that is a Contracting Party to the Marrakesh Treaty.

"Beneficiary" and "authorized entity" are defined as those defined as such in the LPI and in the Marrakesh Treaty.

Therefore, the User acknowledges that he is only authorized to access and download copies in accessible format available from the https://marrakech.once.es/ website to facilitate them to persons who are considered as "beneficiaries" for the personal use of these. The download of copies in accessible format for different purposes or uses constitutes a violation of the intellectual and / or industrial property rights, of which the User will be liable in front of the ONCE and against any third party.

The User is obliged in front of the ONCE to:

a)    Managing, with the due diligence the copies in accessible format that are downloaded from the website and keep a record of the beneficiaries to whom they are provided.

b)    Take the necessary organizational and technological measures to prevent or discourage the reproduction, distribution, public communication or making available to the public, in an unauthorized manner, by the beneficiaries to whom they provide them, of the copies in accessible format downloaded from the website.

c)     Make sure that the act of download, reproduction, distribution and making available copies in an accessible format downloaded from the website are limited to the supply of same for the personal use of the beneficiaries in the country where they are established.

d)    Make sure that when required by the national legislation of the country in which the User is established, the accessible format in question, which is intended to be accessed through the website, can not be obtained commercially under reasonable conditions by the beneficiaries in that country, and that any other requirement established in the national legislation of that country is met.

e)    Take the necessary organizational and technological measures to prevent that the copies in accessible format downloaded through the website from being reproduced, distributed or made available to beneficiaries located outside the country in which the User is established.

f)    Provide the ONCE, upon request, the list of works downloaded from the website and the beneficiaries who have provided each copy in an accessible format (without personal data of the beneficiaries).

Suspension of access to the website and the service

ONCE reserves the right to suspend access to the https://marrakech.once.es/ website, without prior notice, in a discretionary and temporary manner, for technical or other reasons, and may also unilaterally modify the conditions of access, as all or part of the contents included in it.

The ONCE will not be liable in case of service interruptions, delays, errors, malfunctions of the said and, in general, every other inconveniences that have their origin in causes beyond the control of the ONCE, and / or due to an action fraudulent or negligent of the User and / or originates causes of force majeure. The ONCE will have the right, without any compensation to the User for these concepts, to temporarily suspend the services and contents of the website to carry out maintenance, improvement or repair operations.

Applicable legislation and jurisdiction

Every dispute or claim arising from the interpretation or execution of these Terms of Use, shall be governed by Spanish law. The parties submit to the relevant Spanish Courts and Tribunals for the resolution of disputes that may arise from their execution or interpretation.

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