Terms and Conditions

General info

The purpose of this Legal Notice is to regulate the principles of access and the general conditions of use of the website EITB www.eitb.eus, as well as to establish the policy regarding the protection of personal data (Privacy Policy).

1. GENERAL INFORMATION ABOUT THE OWNER OF THE WEB SITE

2. ACCESS AND CONDITIONS OF USE OF THE WEB SITE

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

4. MINORS

5. LIABILITY DISCLAIMER

6. USE OF COOKIES

7. COMMERCIAL COMMUNICATIONS VIA E-MAIL

8. MODIFICATION OF THE GENERAL CONDITIONS

9. PROCEDURE FOR REPORTING INFRINGEMENT OF RIGHTS

10. LEGAL REGULATIONS AND APPLICABLE JURISDICTION AND ADHERENCE TO ONLINE TRUST

1.- GENERAL INFORMATION OF THE OWNER OF THE WEBSITE

 

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, the following circumstances are stated:

The owner of this website (hereinafter, the Website) is the Public Entity EUSKAL IRRATI TELEBISTA – RADIO TELEVISIÓN VASCA (hereinafter, EITB), created by Law 5/1982, of May 20, creating the Public Entity “Radio Televisión Vasca”, entity whose registered office is located in Bilbao (48013), Calle Capuchinos de Basurtu, n 2 and whose CIF is Q0191001G.

The contact telephone number is (34) 946563000, the fax number is (34) 946563095, and this is the contact form.

 

2.- ACCESS AND CONDITIONS OF USE OF THE WEB SITE

 

The Legal Notice of this Website and, specifically, the Privacy Policy have been drafted in accordance with the applicable legislation on the subject, in particular, the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, the Organic Law 3/2018 of December 5, 2018, on Personal Data Protection and guarantee of digital rights and Law 34/2002, of July 11, on Information Society Services and electronic commerce (LSSI), and may be reviewed and amended at any time in order to adapt to any changes in current legislation. In this case, the new content will be applicable from the moment it is published on the Website, becoming accessible to the Users of the same.

The use of the Website, including access by Users and browsing through it, is free and implies compliance with the Privacy Policy and Legal Notice of this Website and the applicable Spanish legislation on the matter.

The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile. Also, as an entity adhered to Confianza Online and under the terms of its Code of Ethics, in case of disputes relating to recruitment and online advertising, data protection and protection of minors, the user can go to the out-of-court dispute resolution system of CONFIANZA ONLINE (www.confianzaonline.es).

Visiting the Website does not necessarily imply that the User must register or provide personal data. However, if in any case the User provides personal data, such data will become part of an automated file owned by EITB and will be treated confidentially in accordance with the provisions of the Privacy Policy.

In the event that as a consequence of the aforementioned registration, the User is provided with a password, the User shall be solely responsible for its custody and its proper use, undertaking to make diligent and confidential use of the same, and not to assign its use to third parties. The User shall be responsible for the illicit use of the services by any illegitimate third party who uses the User’s password for this purpose due to a non-diligent use or its loss by the User. The loss of the password must be communicated immediately to EITB.

The Web Site provides the User with access to a multitude of information, services, programs or data (hereinafter, the Contents) on the Internet belonging to EITB or to its licensors.

The User undertakes to make appropriate use of the Contents and other services (such as chat services, blogs or discussion forums) that EITB offers through the Web Site. For merely enunciative purposes and without being exhaustive in nature, the following is a list of those behaviors considered inappropriate Uses and, therefore, prohibited on the Web Site:

  • Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents unless authorized by the holder of the corresponding rights, or it is legally permitted in each case.
  • The dissemination of contents or propaganda of a racist, xenophobic, pornographic-illegal, apology of terrorism or against human rights.
  • Causing damage to the physical and logical systems of EITB, of its suppliers or of third parties, such as, for example, the dissemination in the network of computer viruses or any other physical or logical systems that are susceptible to cause the aforementioned damage, as well as any other damage to the functionality of the service.
  • Attempt to access and, if applicable, use the e-mail accounts of other users and modify or manipulate their messages.
  • Use the Contents and, in particular, the information of any kind obtained through the web to send advertising, communications for the purpose of direct sale or any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as disclose in any way such information.
  • And, in general, any action or use of the Contents that may involve an illicit, illegal or contrary activity to good faith and public order.

EITB reserves the right to remove all those comments and contributions that violate the respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attempt against youth or childhood, public order or security or that, in its opinion, are not appropriate. Likewise, EITB reserves the right to temporarily or definitively interrupt any of the services provided through the Web Site, without the need for prior notice, as well as the power to terminate the relationship with the User if it detects any abnormal use.

Under no circumstances will EITB be responsible for the opinions expressed by the Users through the forums, chats, blogs or other participation tools.

All the information provided by the User to EITB through the Web Site must be truthful. For these purposes, the User guarantees the authenticity of all those data that he/she may communicate as a consequence of filling in the forms necessary to access any of the Contents. Likewise, it shall be the responsibility of the User to keep all the information provided to EITB permanently updated so that it corresponds, at all times, to the real situation of the User. In any case, the User shall be the sole party responsible for any false or inaccurate statements made and for any damages caused to EITB or to third parties as a result of the information provided.

All the information that is received on the Web Site, or is made available to the rest of the Users, is considered to be provided free of charge. The User shall abstain from providing information that cannot be treated in this way.

 

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

 

EITB is the owner and/or has the corresponding license over the intellectual and industrial property exploitation rights of www.eitb.eus, as well as the intellectual, industrial and image property rights over the contents available through the same (among which are included, by way of example, images, sound, audio, video, software or texts, trademarks or logos, combinations of colors, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc…) enjoying, consequently, the protection foreseen in the applicable regulations on industrial and intellectual property. The design, images, maps, graphics, trademarks, labels, distinctive signs or logos of EITB, frames, banners, the software and its different codes, source and object, etc. of this web site are the property of EITB, which legitimately and exclusively owns the exploitation rights over them.

Under no circumstances shall it be understood that the User’s access to and browsing of the web site www.eitb.eus implies a waiver, transmission, license or total or partial transfer of said rights by EITB. The Users may make private use of the Web Site and its Contents, although under no circumstances may they make commercial use of the same, nor alter its elements, reproduce them beyond their private use, distribute them or communicate them publicly.

In this sense, it is not permitted to delete, evade or manipulate the copyright notice and any other data identifying the rights of EITB, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be included in the Contents.

The User who accesses the Web Site may not copy, modify, distribute, transmit, reproduce, publish, assign, sell the aforementioned elements or create new products or services derived from the information obtained, if he/she does not have the express written authorization of EITB or, as the case may be, of the owner of the corresponding rights. Only the visualization and loading is authorized for the personal and non-commercial use of the User, without being able to extend it to third parties or entities.

 

4.- MINORS

 

Underage children must always request and obtain permission from their parents, guardian or legal representative before accessing the Website.

It is the parents or legal guardians of the minor who are ultimately empowered and legitimized to authorize, restrict and, where appropriate, prohibit access to certain information or content of this website.

Access to and use of the Web Site by unauthorized minors is forbidden. EITB understands that from the moment a minor accesses the Web Site, he/she has the permission of his/her parents, guardian or legal representative.

The contents that are included in the Web Site and which are mentioned below are aimed at a diverse audience and therefore there may be certain sections that include contents or services that are inappropriate or forbidden to minors. Access to these sections is expressly forbidden to minors under 18 years of age.

EITB informs that there are computer programs that allow filtering and blocking access to certain contents and services. These programs serve, among other functions, for parents to decide which services or contents a minor may have access to.

These programs can be a useful tool to look after the interests of the minor without preventing or limiting their access to the opportunities offered by the Internet.

 

5.- DISCLAIMER OF LIABILITY

 

5.1 Exemption from liability for improper use of the Web Site or of the access passwords

EITB will in no case be liable for damages of any kind, derived, directly or indirectly, from the failure to read the Legal Notice, or from the breach of the obligations specified in the conditions established therein.

The Users are the only and exclusive responsible for the identification and access keys to the Contents or Services of the Web Site. Said identification is made up of the secret code or password and the User’s name.

Consequently, EITB is not responsible for the improper use of the aforementioned access codes or for the consequences derived from the misuse by the Users, their loss or forgetfulness and their improper use by unauthorized third parties.

 

5.2 Exemption from liability for the operation of the Web Site

EITB does not guarantee the total updating, accuracy and/or availability at all times of the Contents of the Web Site, although it declares that it has adopted all the necessary measures, within its possibilities and the current state of technology, to guarantee the continued operation of the Web Site and to avoid the existence and transmission of viruses and other components harmful to the Users.

The service provided through the Web Site may be interrupted due to circumstances of various kinds. In such case, EITB shall not be liable in any case for the damages that the interruption may cause to the Users or their equipment. Likewise, EITB shall not assume any liability for the loss of data, information or files that may occur as a consequence of the cut-off of the supply of any of its services, and declines all liability for any damages that may arise from this. The User accepts that the use of the service will be at his exclusive risk and that EITB is not liable for any damages caused that may be due to the lack of availability or continuity of the service, access failures, breach of its security systems, suitability for a particular purpose or compliance with the expectations or needs of the User.

EITB is not responsible for the vices or defects of any kind of services provided by third parties through the Web Site. In this sense, EITB may enable third parties to advertise or provide their services on the Web Site, although EITB shall not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, shall not be held responsible for the same.

 

5.3 Exemption from liability for contents hosted in web pages accessible from the Web Site

EITB does not guarantee the accuracy, quality, reliability or morality of the data, programs, information or opinions, whatever their origin, that circulate through its network or through the networks to which the User may have access through the Web Site and which are beyond its will and/or control. In the event that the EITB Web Site may contain links to other portals not managed by EITB, the latter declares that it exercises no control whatsoever over such portals or web sites, nor is it responsible for the contents or privacy policies of the same.

No link may be established to the Web Site from any other web site without the prior and express consent of EITB.

 

 

6.- USE OF COOKIES

 

EITB uses cookies to personalize and facilitate the User’s browsing of its websites as much as possible. The cookies are only associated with an anonymous User and his or her computer and do not provide references that allow the User’s personal data to be deduced. The User may configure his/her browser to notify and reject the installation of the cookies sent by EITB. If you decide to block cookies, some features of the eitb.eus website may not work correctly.

You can consult all the information relating to the use of cookies on this website in the “Cookies Policy” section located next to the Legal Notice.

 

7.- COMMERCIAL COMMUNICATIONS VIA E-MAIL

 

The only commercial communications made by e-mail will be those that have been expressly consented to or authorized by the recipients in accordance with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, except as provided by Article 21.2 of Law 34/2002, on Information Society Services and Electronic Commerce in the wording given by the First Final Provision of the new General Telecommunications Law, i.e. when there is a prior contractual relationship.

 

8. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

 

EITB may modify the terms and conditions stipulated in this Legal Notice, totally or partially, publishing any change in the same way in which these general conditions of access and use of the Web Site appear.

The temporary validity of these general conditions coincides, therefore, with the time of their publication, until they are totally or partially modified, at which time the modified general conditions will come into force.

EITB may terminate, modify, suspend or interrupt both access to the Contents and services provided through the Web Site and the form in which they are presented or located, at any time without the need for prior notice and without the User being able to demand any compensation whatsoever. After such termination, the prohibitions of use of the Website set forth in section 2 of these general conditions shall remain in force.

 

9.- PROCEDURE FOR DENOUNCING AN INFRINGEMENT OF RIGHTS

 

Without prejudice to the obligation assumed by the Users to respect the applicable regulations on intellectual property rights, EITB intends to establish the necessary mechanisms to safeguard the rights of third parties. In accordance with the foregoing, in the event that the Users consider that the Contents violate their intellectual property rights, they shall send a duly signed communication to EITB in the terms and with the content described below:

  1. Statement by the User informing that a certain Content infringes its intellectual property rights.
  2. Description of the content and location of the Content in question.
  3. Explanation of the procedure of infringement of the intellectual property rights (for example, the sound has been copied, the video is a copy of an original video, etc.)
  4. Identification of the object protected by intellectual property rights (for example, title, publisher, dates, etc.)
  5. Contact information necessary in order for EITB and/or the allegedly infringing User to send the corresponding response, with a copy of the User’s National Identity Card or Passport.

The notification must be sent to EITB’s Legal Department (Araubidea) at Capuchinos de Basurtu, 2, Bilbao 48013 (Bizkaia).

 

10.- LEGAL REGULATIONS AND APPLICABLE JURISDICTION AND ADHESION TO CONFIANZA ONLINE

 

The Legal Notice of this Website and, specifically, the Privacy Policy have been drafted in accordance with the applicable legislation on the subject, in particular, the General Data Protection Regulation 2016/679, of the European Parliament and of the Council, of 27 April 2016, the Organic Law 3/2018, of 5 December 2018, on Personal Data Protection and guarantee of digital rights and Law 34/2002, of July 11, on Information Society Services and electronic commerce (LSSI), and may be reviewed and amended at any time in order to adapt to any changes in current legislation. In this case, the new content will be applicable from the moment it is published on the Website, being accessible to the Users of the same.

The use of the Website, including access by Users and navigation through it, is free and implies compliance with the Privacy Policy and Legal Notice of this Website and the applicable Spanish legislation on the subject.

Our entity is adhered to Confianza Online (non-profit Association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For more information: www.confianzaonline.es

These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Conduct, users may turn to Confianza Online for the alternative resolution of any disputes: https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/.Si these refer to electronic transactions with consumers, or on data protection when related to this area, the claims will be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of consumer disputes. If the complaints are about digital advertising, or data protection related to this area, they will be submitted to the Advertising Jury of AUTOCONTROL.

We also remind you that you can access the European Union’s online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show