1. IDENTIFICATION DATA

1.1. THE INSTITUT VALENCIÀ DE L'AUDIOVISUAL I LA CINEMATOGRAFIA, RICARDO MUÑOZ SUAY (IVAC) is an institution whose registered office is in Plaza del Ayuntamiento, 17, in Valencia. CIF (tax ID): Q4601016A. Telephone no.: 963539300. E-mail address: ivac@gva.es

1.2. THE INSTITUT VALENCIÀ DE L'AUDIOVISUAL I LA CINEMATOGRAFIA, RICARDO MUÑOZ SUAY (IVAC) is the owner of the domain of this web site called BERLANGA FILM MUSEUM, hereinafter BFM, and the manager of its contents.

1.3. Likewise, the names of the domain, owned by the IVAC, are berlangafilmmuseum.com and berlangafilmmuseum.es.

2. PURPOSE AND SCOPE OF APPLICATION

2.1. The following are the general terms and conditions (hereinafter general conditions) which regulate the access, navigation and use of the web sites under these domains (hereinafter BFM, or web site), as well as any liabilities derived from the use of their contents (understanding, hereinafter, as contents the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sound, databases, images, expressions and information, as well as any other creation protected by national laws and the international treaties on intellectual and industrial property rights).

2.2. It shall be understood that access or use of the web site of BFM on the user’s part implies the said user’s acceptance of the general conditions published by the IVAC, at the time of access to the BFM web site. Consequently, the user must read these general conditions carefully. A user shall be any person who may access, navigate, use or take part, with or without consideration, in the services and activities carried out in the BFM web site.

2.3. These general conditions are drawn to regulate the access, navigation and use of the BFM web site, but, apart from the said conditions, the IVAC may establish specific conditions to regulate the use and contracting of specific services offered to users through the BFM web site. Likewise, the IVAC may authorize other institutions to advertise or present their services through the BFM web site. In these cases, the IVAC will not be responsible for establishing the general and specific conditions to be taken into account when using, giving or contracting these services by third parties and, therefore, it will not be considered liable for them.

2.4. Before using or contracting the said specific services offered by the IVAC, the user must read the corresponding specific terms and conditions drawn by the IVAC for that purpose carefully. The use and contracting of the said specific services implies the acceptance of the specific terms and conditions regulating them in the version published by the IVAC at the time in which the said use or contracting takes place.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

3.1. The IVAC is the owner or holds the corresponding licensing rights over the intellectual and industrial property of the BFM web site.

3.2. Under no circumstances shall access and navigation by the user imply a total or partial waiver, transfer, licence or assignment of the said rights by the IVAC.

3.3. Consequently, it is strictly forbidden to delete, avoid or manipulate the copyright notice or any other identification data of the rights of the IVAC or its holders included in the contents, as well as the technical devices for protection, the digital hashes or any other information or identification devices which may be present in the contents.

3.4. Likewise, it is strictly forbidden to modify, copy, re-use, exploit, reproduce, make public, make second or subsequent publications, load files, email, transfer, use, manipulate or distribute in any way all or part of the contents included in the BFM web site for public or commercial purposes, without the express written authorization from the IVAC or, where applicable, from the corresponding copyright owner.

3.5. All the material contained in the BFM site has been assigned by the copyright owners. In some instances, the IVAC has been unable to find the beneficiaries of the said material. If any person or institution can prove ownership of the said material they can contact the IVAC to regularize the situation. Web: ivac.gva.es. E-mail: ivac@gva.es

4. ACCESS

4.1. Access to the BFM web site by users is free and without restrictions; nevertheless, some of the services and contents offered by the BFM or by third parties through the BFM web site may be subject to previous contracting of the service or product and to the payment of a sum of money in the terms stipulated in the corresponding specific terms and conditions, in which case the said terms will be clearly made available to the user.

4.2. Should the user have to register or give personal information to be able to log into any of the specific services, the terms explained in the private policy stipulated herein will be applicable for the collection, treatment and, where applicable, the assignment or access to the user’s personal data.

4.3. The contracting of products and services through the BFM web site by minors is strictly forbidden: they must obtain mandatorily and beforehand the consent from their parents, tutors or legal representatives, who will be liable for the acts carried out by the minors under their charge, according to current legislation.

5. USE OF THE WEBSITE

5.1. Should the user need to register to use or contract a service from the BFM web site, the said user will be responsible for providing true and legal information. Should the user be given a password as a result of registering, the said user agrees to make diligent use of and to maintain the password to access the services secret. As a result, the users are responsible for the adequate custody and confidentiality of any of the identifiers or passwords provided to them by BFM, and they agree not to transfer their use to third parties, be it on a temporary or permanent basis, or to give access to them to third parties. The user shall be responsible for incorrect use of the services by an illegal third party who may use a password to that effect as a result of a non-diligent use or loss of the said password by the user.

5.2. By virtue of the foregoing, the user must immediately notify the managers of the BFM web site of any event which may result in incorrect use of the identifiers or passwords, such as theft, loss or unauthorised use of the said identifiers and passwords so that they can be immediately cancelled. Until such facts are informed, the IVAC shall be released of any responsibilities resulting from incorrect use of unauthorised identifiers or passwords by third parties.

5.3. The user shall be responsible for access, navigation and use of the BFM web site. Therefore, the said user agrees to follow diligently and faithfully any additional instruction issued by the IVAC or by the IVAC’s authorised personnel regarding the use of the BFM web site and its contents.

5.4. Consequently, the user binds himself/herself to use the contents in a diligent, correct and legal way, and the user especially agrees to refrain from:

  • Using the contents for purposes or effects contrary to law, moral and generally accepted good practice or public order.
  • Reproducing or copying, distributing, giving access to the public through any type of public communication, changing or modifying the contents, without the due authorization from the owner of the corresponding rights or unless it is legally permitted.

6. LICENCE ON COMMUNICATIONS

6.1. Should the user send any type of information to the BFM web site, the user declares, guarantees and accepts that he/she has the right to do it freely, that the said information does not violate any right of intellectual property, brand, of patent, commercial secret or any other third party right, that the said information is not confidential or damaging for third parties.

6.2. The user agrees to accept the responsibility and will free and relieve from liability the IVAC and the BFM web site regarding any communication which the said user may provide personally or in his/her name; the said responsibility including, without restrictions, the accuracy, legality, originality and ownership of the said communication.

6.3. Acceptance of these general conditions implies the exclusive assignment by the user of any licensing right over intellectual or industrial property the user may have over the communications the said user may make through the BFM web site or to the IVAC.

7. LIABILITIES AND GUARANTEES

7.1. The IVAC does not guarantee nor take responsibility for:

  • The continuity of the contents of the BFM web site.
  • The lack of errors in the said contents or any defect that may occur.
  • The absence of viruses or any other harmful component in the BFM web site or the server which supplies it.
  • The invulnerability of the BFM web site or the impregnability of the security measures taken in the domain.
  • The lack of usefulness or performance of the contents of the BFM web site.
  • The damages caused to oneself or to a third party, by any person who may fail to comply with the terms and conditions, rules and instructions the IVAC stipulates on the BFM web site or as a result of the violation of the security systems of the BFM web site.

Nevertheless, the IVAC declares that it has taken all the necessary measures, within its possibilities and the state of the technology, to guarantee the correct functioning of the BFM web site and to avoid the existence and transfer of viruses and any other damaging components to the users.

8. LINKS

Links to other web sites

8.1. In the BFM web site, the user will find links to other web sites through buttons, links, banners, etc. These sites are managed by third parties. The IVAC has neither the authority nor the human or technical means to know, control or approve all the information, contents, products or services offered by other web sites to which links are established from the BFM web site. Consequently, the IVAC cannot be held responsible for any aspect regarding the web site to which a link is established from the BFM web site; specifically, including but not limited to, its functioning, access, data, information, files, the quality and reliability of its products and services, its own links or any of its contents, in general.

8.2. The establishment of any link by the BFM web site to a web site belonging to a third party does not imply any type of relationship, collaboration or dependency between the IVAC and the owner of the said web site.

Links in other web sites which take the user to the BFM web site

8.3. Should any user, organisation or web site wish to establish any type of link to the BFM web site, the said user must comply with the following stipulations:

  • The link shall only direct to the main page or home page of the BFM web site, unless there is an express written authorization from the IVAC.
  • The link must be absolute and complete, that is, it must take the user to the BFM’s own url address http://www.berlangafilmmuseum.com / http://www.berlangafilmmuseum.es, at a click, and it must cover the whole extension of the screen of the home page of the said web site. Under no circumstances, except if the IVAC issues an express written authorization, shall the web site which creates the link be able to reproduce, in any way, the BFM web site, include it as part of its web site or inside one of its frames or create a browser on any of the pages of the BFM web site.
  • The page which establishes the link shall not contain any type of declaration stating that the IVAC has authorised the said link, except if the IVAC has expressly authorised it in writing. Should the institution which has a correct link from its page to the BFM web site wish to include the brand, denomination, commercial name, heading, logo, slogan or any other identifying element from the BFM on its web site, the said institution must have the BFM’s express written authorization beforehand.
  • The IVAC does not authorize the establishment of a link to the BFM web site from any web sites containing illicit, illegal, degrading, obscene materials, information or contents, or which contravene generally accepted social or moral rules, or public order in general.

8.4. The IVAC has neither the authority nor the human or technical means to know, control or approve all the information, contents, products or services offered by other web sites which have links to the BFM web site. The IVAC cannot be held responsible for any aspect regarding the web site which establishes a link to the BFM web site; specifically, including but not limited to, its functioning, access, data, information, files, quality and reliability of its products and services, its own links or any of its contents, in general.

9. DURATION AND MODIFICATION

9.1. The IVAC shall be able to modify the terms and conditions stipulated herein, whether in whole or in part, publishing any changes in the same manner as the present general conditions or through any other type of communication addressed to the users.

9.2. Therefore, the temporary validity of these general terms and conditions coincides with the time of exposition, until they are modified, whether in whole or in part, at which moment the modified general conditions will come into effect.

9.3. Regardless of the stipulations of the specific terms and conditions, the IVAC may terminate, cancel or interrupt, at any time and without notice, access to the contents of the page, without the user being entitled to any compensation. After the said extinction, the prohibition rules of use of the contents stipulated earlier in these general conditions will remain in force.

10. GENERAL ASPECTS

10.1. The headings of each clause are merely informative and shall not affect, qualify or improve the interpretation of the general conditions.

10.2. Should there be discrepancy between the stipulations in the present general conditions and the specific terms and conditions of each specific service, the stipulations of the latter shall prevail over the former.

10.3. Should any stipulation included in the present general conditions be considered to be null and non-applicable, whether in whole or in part, by any competent administrative body, court or tribunal, the said nullity or non-applicability shall affect neither the other stipulations of the general conditions nor the specific terms and conditions of the different services offered by the IVAC.

10.4. Failure to exercise or execute on the part of the IVAC any right or stipulation included in the present general conditions shall not be deemed a waiver, unless there is a written recognition and agreement on its part.

11. JURISDICTION

11.1. The relationships established between the IVAC and the user shall be ruled by the stipulations of the regulations in force about the legislation applicable and about the competent jurisdiction. Nevertheless, in the instances for which the regulations envisage the possibility that the parties submit to a jurisdiction, the IVAC and the user, who expressly waive any other jurisdiction to which they may be entitled, shall submit to the courts and tribunals of the city of Valencia.

12. ANONIMOUS NAVIGATION THROUGH THE WEB SITE

The IVAC, the legal owner of the BFM web site only obtains and keeps the following information about the visitors of the BFM web site:

  • The name of the domain of the ISP provider or IP address which gives them access to the net. For example, a user of the provider xxx shall only be identified with the domain xxx.es or the IP address. That way it will be possible to elaborate statistics about the countries and providers who visit the BFM web site more often.
  • The date and time of access to the BFM web site. This enables us to find out the hours of more influx and make the necessary adjustments to prevent saturation problems during the rush hours.
  • The Internet address from which the link which takes to the BFM web site came. This datum will enable us to know the effectiveness of the different banners and links which direct to the server of the BFM web site, so that those with better results can be enhanced.
  • The reference of http requests of each section. This will enable us to know the most successful areas and increase and improve their contents, so that users can obtain better results.
The information gathered in this manner is completely anonymous, and under no circumstances can it be associated to a specific identified user.

13. NAVIGATION WITH COOKIES

The BFM web site may use cookies, small data files generated in the user’s computer which enable the IVAC obtain data such as:

  • The date and time when the user visited the BFM web site last.
  • The contents design the user chose on his/her first visit to the BFM web site.
  • The security elements which take part in controlling the access to restricted areas.

The user has the option of stopping the creation of cookies by choosing the corresponding option in his/her browser. However, the IVAC warns that it shall not take any responsibility should their deactivation prevent the web page from functioning well.

14. TREATMENT OF PERSONAL DATA (PRIVACY POLICY)

The IVAC, a Spanish institute with a registered office in the Plaza del Ayuntamiento, 17, in Valencia (Spain), is the rightful owner of the BFM web site. According to the legislation in force in the subject of data protection, as well as in the subject of services from the electronic trade and the information society, the user accepts that the personal data provided on registration, or any other data provided to the IVAC to access any of the services offered on the web site, be added to files owned by the said institution in order to facilitate the provision of the services requested, to identify the users requesting personalised services in the BFM web site correctly, to conduct statistical studies of the users registered in the BFM web site to improve the services offered, and to manage basic administration tasks, as well as to maintain the user informed, whether through email or any other means, of the news, products or services related to the IVAC or to third party collaborating companies.

As regards business communications through email or an equivalent means, the user gives express consent to receiving publicity through the said means. In the process of registering with the Directorio de Profesionales de la Comunitat Valenciana (Directory of Professionals of the Valencian Community), the user gives Express consent to the publication of his/her contact details in the said directory, access to which shall be free, the aim of the directory being to favour contacts between professionals of the audiovisual sector and prospective employers. The use of the data collected in the directory for a purpose other than that aforementioned, and especially to send email spam or for publicity purposes, shall be contrary to the Spanish Organic Law 15/1999, on Personal Data Protection.

The IVAC agrees to fulfil its obligation to secret regarding personal data and to treat the said data confidentially and takes, for these purposes, the technical, organizational and security measures needed to prevent unauthorized access, alteration, loss, or treatment of the said data, in accordance with the stipulations of the Spanish Organic Law 15/1999 of 13 December, on Personal Data Protection, and any other relevant legislation.

The user shall, in any case, be responsible for the truthfulness of the data provided; consequently, the IVAC reserves the right to exclude any user who may provide false data from the registered services, without affecting other legal actions that may be taken according to the Law.

Any registered user shall be entitled to executing his/her right to access, change and, where applicable, cancel the personal data provided, at any time, through a written request addressed to the Institut Valencià de l’Audiovisual I la Cinematografia, Plaza del Ayuntamiento, 17, Valencia (España).