This General Terms and Conditions regulates the use of the Internet website "https://www.contemporaryempathy.com", which is made available to you, the user (the “User”), by ELLEN ALICE BUCKLAND (Commerical Name: Contemporary Empathy), with registered office in C/ Antonio de Acuña 23, Madrid, Spain, and with Tax Code (NIF) Y3241566Y.

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Use of this website implies the User’s full acceptance of all the General Terms and Conditions for the Use of the Website that apply at any time that he/she accesses the site.

 

Therefore, if the User does not agree with any of the terms or conditions set out herein, he/she should not use this Website. Contemporary Empathy hereby reserves the right to modify these General Terms and Conditions for the Use of the Website at any time, along with any other general or specific terms and conditions, user regulations, instructions or notices that may be applicable. The provider also hereby reserves the right to suspend, interrupt or cease to operate the Website at any time.

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The services offered on the Website are directed towards parties who are resident in Spain. Any individual or organisation that is resident or domiciled in another European Union country or outside the European Union must ensure that access to and use of the Website and/or its contents is permitted under the laws of the country in question.

 

In any case, access to and use of the Website by a User who is in breach of the requirement to be resident in Spain shall be understood to be at the said User’s own exclusive liability, and the provider shall be exempt from any liability to the extent that this is permitted under the legislation in force.

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1. PURPOSE

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By means of this Website, Contemporary Empathy offers Users access to a range of content, information and data (the “Content”), which is made available by the provider, or by third party service and content providers. Contemporary Empathy reserve the right to modify the presentation (including the look and feel), layout and location of the Website at any time, along with the Content and the terms and conditions required to make use of it. The said Content includes an area to which access is restricted to Users who have previously registered (the “Registered Users”), access to and use of which is subject to the conditions set out in section 3 of this present document.

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2. CONDITIONS FOR ACCESSING AND USING THE WEBSITE

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2.1. Access to the Website and/or the Content that it contains does not imply any guarantee in respect of the suitability of the Website and/or the Content that it contains for the individual or specific purposes of its Users. Contemporary Empathy may establish additional restrictions and/or conditions for the use of and/or access to the Website and/or its Content, and these must be observed by Users in all cases.

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2.2. The User hereby undertakes to make appropriate and legal use of the Website and its Content in accordance with the legislation in force, these present General Terms and Conditions for the Use of the Website, moral rectitude, generally accepted good practice and public order.

 

Users shall refrain from:

(i) making unauthorised or fraudulent use of the Website and/or its Content;

(ii) accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access;

(iii) using the Website and/or its Content for illicit or illegal purposes, or for purposes that are contrary to the provisions of these General Terms and Conditions, or contrary to good faith and public order, or in ways that may be harmful to the rights and interests of third parties, or in any way that may damage or overload the Website, or render it unusable, or prevent normal use and enjoyment thereof;

(iv) causing damage to the physical or logical systems of Contemporary Empathy, its suppliers or third parties;

(v) introducing or spreading computer viruses in the network or any other physical or logical system that is liable to cause damage to the physical or logical systems of Contemporary Empathy, its suppliers or third parties;

(vi) attempting to access, use and/or manipulate data;

(vii) reproducing or copying, distributing, permitting public access via any form of public communication, transforming or modifying the Content, unless they have authorisation from the holder of the relevant rights, or unless this is permitted in law;

(viii) suppressing, hiding or manipulating the notes relating to intellectual property rights and other information that identifies the rights of IE or third parties that are attached to the Content, or suppressing, hiding or manipulating any technical protection devices or any other information mechanisms that may be inserted in the Content;

(ix) obtaining or attempting to obtain Content through the use of means or procedures other than those that have, where applicable, been placed at their disposal to this end, or are expressly indicated on the web pages on which the Content is displayed or, in general, those that are normally used on the Internet in order not to give rise to a risk of damaging the Website and/or its Content or rendering them inoperable.

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2.3. Any Users who wish to establish a hyperlink or link between their own website and the Website (the “Link”) must obtain prior authorisation from Contemporary Empathy by sending a request by email to ellen@contemporaryempathy.com, and they shall be bound to comply with the following obligations:

(i) the Link shall only permit access to the Website and may not reproduce it in any way;

(ii) Links shall not be established with any page other than the Website’s home page;

(iii) no frame or border environment shall be created around the Website;

(iv) no false, inaccurate or incorrect statements or indications shall be made in respect of the Website;

(v) it shall not be stated or given to be understood that Contemporary Empathy has supervised or in any way accepted the content or services offered or announced on the website on which the Link is shown;

(vi) the website on which the Link is shown shall not include any trademark, trading name, establishment signage, business name, logo, slogan or other distinguishing mark belonging to Contemporary Empathy without their authorisation;

(vii) the website on which the Link is shown shall not offer information or content that is illegal or contrary to good morals, generally accepted practices or public order, or that contravenes any third party rights. Inclusion of the Link shall not under any circumstances mean the existence of any kind of relationship between Contemporary Empathy and the owner and/or operator of the website on which it is shown, nor shall it imply Contemporary Empathy’s knowledge, acceptance and/or approval of its content or services. Under no circumstances shall Contemporary Empathy be liable for any consequences that may result from the inclusion of Links by third parties, or for the content, information and/or services offered on any websites on which the Link has been included

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3. RESTRICTED ACCESS AREA

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In order to access and use the restricted access area, Users must previously have registered as users of Contemporary Empathy and use the passwords provided for this purpose.

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Registered Users shall at all times be responsible for the safekeeping of their password, and shall therefore be liable for any damage that may result from its improper use or from its being forwarded, disclosed or mislaid. To this end, access to restricted areas and/or any use of Content that is made using the password belonging to a Registered User shall be understood to have been effected by the said Registered User, who shall be liable in all cases for this access and use. Registered Users may change their passwords at any time by sending a direct request.

In the event that they forget their password, or in any other circumstance involving the risk that the Content may be accessed and/or used by unauthorised third parties, Registered Users must immediately inform Contemporary Empathy so that it may block the password in question and replace it.

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4. INTELLECTUAL PROPERTY RIGHTS

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The User hereby acknowledges and accepts that all intellectual property rights pertaining to the Website, its source code, design, browser structure, databases, Content and/or any other elements included in the Website (trademarks, logos, trading names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, look and feel, audio and video) are the property of Contemporary Empathy and/or third parties.

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Under no circumstances shall access to the Website imply any kind of waiver, transfer, licence or grant of the said rights, whether wholly or in part, unless expressly otherwise established. These present General Terms and Conditions for the Use of the Website do not grant Users any right to use, alter, exploit, reproduce, distribute or publicly broadcast the Website and/or its Content other than the rights that are expressly set out for each piece of Content or, in the absence of any such mention, in these General Terms and Conditions. The use or exploitation of any rights in any other way shall be subject to prior express authorisation, specifically granted to this end by Contemporary Empathy or by the third party that owns the rights affected.

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5. WRITTEN COMMUNICATIONS

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Use of this Website implies User´s acceptance to the reception by electronic means of all or part of the communications. When necessary, we will provide the User the relevant information by email or by posting such information on the Website. For contract purposes, the User agrees to use this electronic means of communication and acknowledges that any contract, notice, information and any other communication sent by electronic means complies with the legal requirements as if it was sent in writing. This clause shall not affect the User´s rights recognized by law.

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6. USE OF COOKIES

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The User hereby acknowledges and accepts that Contemporary Empathy may use cookies when a User browses its Website. Users may set their browsers to notify them and reject the installation of any cookies used by the provider, and this shall not harm the ability of such Users to access the Content. For more information, please read our Cookies Policy, to which the provider reserves the right to modify at any moment.

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7. EXCLUSION OF GUARANTEES AND LIABILITY

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7.1. Contemporary Empathy shall not guarantee the availability and continuity of the Website’s operation or the operation of any other website with which it may have established a link. Furthermore, Contemporary Empathy shall not be liable under any circumstances for any damage that may result from (i) the inability to use or gain access to the Website or any other websites with which a Link has been established; (ii) any interruption to the Website’s operation or IT failures, telephone breakdowns, disconnections, delays or blockages caused by faults or overloads in the telephone lines, Internet systems or other electronic systems during the course of their operation; (iii) the unsuitability of the Website for Users’ specific needs; and (iv) any other damage that may be caused by third parties due to unauthorised interference that is beyond the provider´s control.

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With the aim of reducing the risk of viruses being introduced onto the Website, Contemporary Empathy uses virus detection programmes to control all of the content that is uploaded to its Website. However, it does not guarantee the absence of viruses or other elements introduced by third parties on the Website that may alter the physical or logical systems of Users or the electronic documents or files stored in their systems. As a consequence, it shall not be liable under any circumstances for damage of any kind that may result from the presence of viruses or other elements that could cause alterations to Users’ physical or logical systems or their electronic documents or files.

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Contemporary Empathy adopts various protective measures to protect the Website and the Content against IT attacks from third parties. However, the provider does not guarantee that unauthorised third parties will be unable to access the kind of use that Users makes of the Website or the conditions, characteristics and circumstances in which such use is made. As a consequence, it shall not be liable under any circumstances for any damage that may result from such unauthorised access.

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8. APPLICABLE LAW AND JURISDICTION

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The provision of the Website and these present General Terms and Conditions for the Use of the Website are governed by Spanish law. To the extent permitted in law, the parties hereby agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, and they expressly waive any other jurisdictional right to which they may be entitled.