Terms and Conditions of Use

By means of these Terms of Use (hereinafter, the “Terms“) we present the information on the online platform https://worldcancerresearchday.com/es/ (hereinafter, the “Platform” or “Website”). The access, use and/or participation in the campaign implies the express and unreserved acceptance of all the terms of these Terms of Use, having the same validity and effectiveness as any written and signed contract.

Their observance and compliance will be enforceable against any person who accesses, uses and/or participates in the Web. If you do not agree with these terms, do not access, use or participate. By accepting the “Terms and Conditions of Use” the user declares that he/she has read, understands, comprehends and agrees with what is stated here.

1. IDENTIFICATION

The identification data of the owner of the platform is the following:

• Owner: Spanish Asociación Española contra el Cáncer (hereinafter “AECC“).
• Registered Office: Calle Teniente Coronel Noreña 30, 28010, Madrid)
• CIF: G- 28197564
• Telephone: 900 100 036
• E-mail: dpo_aecc@aecc.es  

2. OPERATION OF THE PLATFORM

The worldcancerreaseachday campaign aims to unite those users who want to participate and where, through photographs and postal addressess, they can feel closer to their loved ones, as well as to the rest of the participants of the campaign. Hereinafter referred to as Users.

It is a collaborative Website, in which part of the content is provided by the Users, leaving in the hands of the AECC the work of making available to the online platform the uploading of such content, both on the Web, as in other websites owned by AECC, as well as its hosting.

It also allows content uploaded by Users participating in the campaign with the hashtag worldcancerreaseachday to be uploaded to the Website.

3. OBJECT

The purpose of these Terms is to establish the conditions that apply to Users who participate in the Platform. Also, it is understood that a person becomes a User of the Platform at the time you accept the Terms of Use and / or Privacy Policy set forth therein.

In any case, AECC reserves the right to modify, without prior notice, these Terms and Conditions, making them public together with the date of publication, through the Website https://worldcancerresearchday.com/es/, or through a communication addressed to the participants, always taking into account modification criteria aimed at improving the service, greater clarity and better protection of consumers and users.

4. ACCESS AND NAVIGATION

Access and navigation on the Platform does not require registration of Internet users, however, registration is required when they wish to participate in the Website, and for the publication of content on the Website.

Under no circumstances will AECC be responsible for the veracity of the data, nor of the images provided by the Users, so each one of them will be solely responsible for the possible consequences, errors and failures that could derive from the lack of veracity or authorisation for the use of said information.

5. REGISTRATION AND USER CATEGORIES

Participation in the campaign is free of charge and the following characteristics must be met:

The participant must be an individual natural person who, through his/her participation, publishes images of him/herself and of individuals in his/her close environment, as well as his/her postal address and that of said third parties, in order to be closer to them. In order to participate in the Website, the User must provide the postal address of the participant and of a close third party, own image and image with close third parties. The postal address will allow the user to calculate the distance to their loved ones, as well as to other participants in the campaign.

The participants do not have any type of economic benefit, so they cannot claim any type of compensation (economic or non-economic) from the AECC.

The participants are responsible for the contents that they publish on the website, assuming full responsibility for any liability that may arise from this. The AECC accepts no responsibility for any of the activities or actions that participants may carry out, therefore exempting the AECC from any liability that may arise from claims for actions or omissions by the participant that infringe the rights of third parties and/or infringe the laws on the right to honour, to personal and family privacy and to one’s own image, as well as on intellectual and industrial property, or any other rules of the applicable legal system.

6. SUPPRESSION OF PARTICIPATION

You may request the deletion of the published content, eliminating the User’s participation, by sending a letter to informacion@aecc.es indicating your name, images affected by such deletion and contact details to effectively make the request.

Once the participation has been eliminated, the user may participate again by uploading new content, with the exception of AECC’s right to not admit said participation in cases where the user has infringed the stipulations in these Terms and Conditions or particular conditions, in the applicable regulations, or has developed any reprehensible conduct that may go against morality, good faith and/or public order.

7. PROHIBITIONS AND RULES OF CONDUCT OF THE WEBSITE

7.1 General Prohibitions

It is strictly forbidden to communicate content through the Platform that:

• May be considered as a violation in any way of the fundamental rights to honour, to personal and family privacy or to one’s own image of third parties and, especially, of minors.
• Includes photographs or collect images or personal data of third parties without the appropriate consent of the owners.
• Violates the secrecy of communications or involves an infringement of intellectual and industrial property rights or the rules governing the protection of personal data.
• Contains “spam” and/or links to unrelated sites.
• Includes advertising or commercial communications, for the emission of messages for advertising purposes or for the collection of data for the same purpose.

In addition, access or use of the Website for illegal or unauthorized purposes, with or without economic purpose is not permitted and its consequences will be the sole responsibility of the User. By way of example, but not limited to:

• Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the device of a third party;
• Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
• Use the Website to collect personal data of other users;
• Use the Website illegally, against good faith, morality and public order;
• Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;
• Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in the systems and networks connected to the Website.

Failure to comply with any of the above obligations by the User may lead to the adoption by AECC of the appropriate measures protected by Law and in the exercise of its rights or obligations, and may lead to the elimination or blocking of the participation of the offending User.

Users who fail to comply with these prohibitions will be responsible for any claim that may arise as a consequence. Even if no claim from a third party were to arise, AECC reserves the right to prevent access to the Website, or to prevent users who do not comply with these Terms from participating in the spaces provided therein.

7.2. Conduct

In addition to the above prohibitions, you may not use your status as a registered User of the Site to post, send or transmit:

• Content that is threatening, defamatory, excessive, vulgar, obscene, pornographic, fraudulent, or revealing of private or personal matters. Including any information, images, videos or even links (hyperlinks) that connect to illegal content.
• Material of which you do not have the right to transfer according to law or contract.
• Links or references to websites copied without authorization or disparage AECC.
• Content and statements of a political, linguistic and/or religious nature or hate speech.
• Advertising content of any kind except that expressly authorized by the moderators.
• Any personal data that may jeopardize the privacy of any individual, such as telephone number, personal or email address, checking account number or any other contact information.
• Any message that impersonates another person or entity affiliation.
• Messages designed to evade profanity, defamation or filters of similar nature.
• Language that incites illegal activity or discusses illegal activity with the intent to commit them.
• Duplicate messages, out of context, or excessively repeated messages in one or more threads. Extensible to private messages photographer-searcher or user-moderator.
• Intentionally violate any other applicable law or regulation by accessing and using the Site.

7.4.    Editorial control of the content published

Prior to the publication of the contents, an evaluation is carried out, being subject to prior approval, in case it violates any of the points contained in this section.

In any of the cases, and at any time throughout the duration of the campaign, the AECC reserves the right to eliminate/block images of harmful or inappropriate content and purpose, as well as conduct that could damage the image, interests and rights of the AECC or third parties.

Users and Internet users may request AECC, through the channels established in the present Terms, to control a specific content, as well as its elimination, always giving reasons for their request.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

8.1 Content published on the Platform

Participants who decide to publish their images on the Website are informed that they must accept and comply with the rights of the platform itself. The content of their participation that is published belongs to the participant, the latter guaranteeing to have all the necessary authorisations to carry out said publication, holding AECC harmless from any damage or claim from a third party.

When participating and uploading information to the Platform, it will be considered that permission is automatically granted to AECC to host, upload, distribute, modify, maintain, reproduce and display said content publicly, with AECC being able to use the images published on other websites owned by AECC, including social networks, without there being any commercial purposes or any consideration whatsoever for said publication.

The User may delete and remove the content at any time, without prejudice to the fact that other users may continue to see what has been published if it has been shared on other websites.

In case of non-compliance with the established obligations, the latter assumes the derived responsibilities that may arise, either against the Website, or against any other third party that considers its rights damaged, assuming any type of expenses, fees and indemnities that may arise.

7.2 Platform Development, Design and Programming

The Platform has been developed entirely by AECC, being all the source code, object, designs, structures, planning, manuals, databases, sketches, logos and photographs used for the creation of the Platform of full property of AECC, without access, navigation or participation in the Platform involves any kind of waiver, transfer or total or partial transfer of property rights of AECC in favor of users.

All these contents are duly protected by intellectual and industrial property regulations, without prejudice to the right of any person or entity that considers that their rights are being affected to take any legal action they deem appropriate.

However, AECC as owner of the service, and with the aim of offering a means for you to access, view and use the Platform, makes available to the User as interested party, a non-exclusive license for use, limited in time to the period of access or browsing the Platform, with access being possible from any point on the planet. In any case, any kind of reproduction, imitation, transmission, translation, modification, development of derivative works and / or public communication, regardless of the means used for it, is absolutely forbidden. The offending user is responsible for all direct or derivative liabilities that may arise.

Under no circumstances may content hosted on the Platform be downloaded, reproduced or used on any device or location other than the Platform.

9. NOTIFICATION OF INFRINGEMENT OF RIGHTS

In the event that, while browsing through the Platform, any of the situations listed below are detected, please inform the AECC as soon as possible. Below are some of the situations that AECC permanently pursues from the Website:

• Unauthorized use of content (text, photographs, videos, etc.) owned by third parties.
• Unauthorized use of information relating to minors.
• Use that could violate the rights to honor, privacy and self-image of individuals, whether or not users of the Platform.
• Unauthorized use of your own or third parties’ personal data in violation of data protection regulations.
• Publication of information concerning counterfeit or illegal imitations of trademarks.

In any of these or similar cases, the protocol to be followed by users in order to achieve a response in the shortest possible time and in the most effective way will be as follows:

• Identify the content in question that allegedly violates the law or a right.
• Clearly identify the contact details so that AECC can contact the claimant.
• Provide proof of identity by means of an official document (ID card or passport).

All applications should be sent directly to the following e-mail address: informacion@aecc.es .

10. RIGHT OF WITHDRAWAL

In accordance with the provisions of Royal Decree 1/2007, of the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws, we inform you that, in accordance with article 103 letter m) of the aforementioned law, the right of withdrawal in relation to the contract will not be applicable in this case, given that it is a digital content service without material support.

11. DATA PROTECTION

AECC is deeply committed to defending the rights regarding the protection of personal data of its users, in accordance with the applicable regulations and, in particular, with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679, General Data Protection. Therefore, you can find information about the processing of your personal data in the Privacy Policy.

12. MINORS AND USE OF THE PLATFORM

To access and navigate the Platform, it is mandatory to be older than fourteen (14) years, and to participate is required to be older than eighteen (18) years old, or, where appropriate, have the prior written consent of their parents and / or legal guardians.

To do this, it will be necessary to send to the e-mail address informacion@aecc.es , the written authorization duly signed by your parents or guardians, along with a copy of your ID card, passport or similar document, documentation that will be used only by staff of the AECC to perform this task of identification, not being used for any other purpose.

In any case, AECC reserves the right to contact all registered users to check their identity and age, in the event that said communication is not attended to or is attended to with faulty or manipulated information, the account will be blocked. The data of the ID or the document provided will be used solely and exclusively by authorised AECC personnel to carry out the task of identification, under no circumstances will it be used for any other purpose.

In the event that, while browsing, user profiles of minors under eighteen (18) years of age are detected, please inform us immediately so that we may proceed to initiate the identification protocol indicated above, in accordance with the provisions of section 9.

If AECC is informed that a child under the age of 14 has participated, they will take the necessary measures and may remove or block the publication.

AECC requests that any abuse or violation of these Terms and Conditions of Use that is detected and, in particular, those that affect minors, be reported immediately through the means of contact indicated.

13. LINKS TO OTHER WEBSITES
14. a) Links to other websites

In relation to the links published, AECC undertakes to ensure that the content of these links complies with the regulations in force, as well as with these Terms and Conditions of Use. AECC also undertakes to remove them immediately as soon as it becomes aware that the linked content does not comply in any way with any of the indications made.

The inclusion of any type of link from the Platform to another website does not imply that there is any kind of relationship, collaboration or dependence between AECC and responsible for the external website.

1. b) Links in other Websites with destination to worldcancerresearchday

AECC reports that has neither the power nor the human-technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Platform.

Therefore, AECC does not assume any kind of responsibility for any aspect related to that link, as may result on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.

14. WARRANTIES AND LIABILITIES

The User assumes that it is not possible to achieve permanent availability of the Platform, nevertheless, AECC works continuously to make it so, adapting all necessary measures, within the state of the art, to ensure the operation of the Websiteand minimize system errors, both from the technical point of view and the content published.

The parties shall be liable for any breaches personally incurred by them, and the other party shall be indemnified against any error, fault or negligence not attributable to it, and against any damage resulting from such breaches or errors attributable to the other contracting party.

AECC will use all commercially and technically available efforts to keep its services available through the Platform, which is an obligation that, however, shall not apply to any lack of availability or performance caused by:

• Temporary inactivity of the Website due to updating and/or technical maintenance.
• Causes beyond the control of AECC: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the Platform, actions or omissions of third parties, etc..

In all the aforementioned cases, beyond the control and due diligence of AECC, there will be no compensation from AECC to the User for loss of profit, damages or losses.

In the event of closure or suspension of the Platform for reasons beyond the control of the Parties, the User will be promptly informed of the transfer of the service to a new domain, modifying only the provisions of this contract in relation to the domain in which the Platform remains active.

On the other hand, AECC will use all means at its disposal, making its best efforts, to ensure the diligent and peaceful use of the published images.

However, AECC informs that, although it makes a permanent effort to classify, filter and select legal and non-legal content published on the Platform, can not guarantee this permanently, thanking that in case of detecting any infringement is communicated as soon as possible according to the process set out in paragraph 9.

AECC will not be responsible for the veracity, completeness or updating of the content published on the website from external sources. Neither will the AECC assume any responsibility for any hypothetical damages that may arise from the use of the aforementioned information.

Given that the content uploaded to the Website is provided by the Users, all claims regarding the same must be addressed directly to them, and in no case to the AECC, which, nevertheless, will collaborate in all cases with the claimant user and, where appropriate, with the competent authorities, for the resolution of the conflict.

If either of the Users fails to comply with any of its obligations or hinders the other party from complying with its obligations, it shall be liable for the damages caused, both for consequential damages and loss of profit.

15. JURISDICTION AND APPLICABLE LAW

The sections of these Terms must be interpreted independently and autonomously, not being affected the rest of the stipulations in the event that one of them has been declared null and void or inapplicable by a court judgment or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms of use.

The non-exercise or non-performance by AECC of any right or provision contained in these Terms shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by AECC.

Regardless of the geographical location of the User or their nationality, and provided that the regulations provide for the possibility for the parties to submit to a particular jurisdiction, for any dispute or conflict arising from the Web, shall apply Spanish law in force at the time of the dispute, being competent to resolve all disputes arising from or related to the use of the Platform the Courts and Tribunals of Madrid (Spain).

In order to make claims in the use of the AECC services, the user can send a letter to the electronic or physical address indicated at the beginning of the document, and AECC undertakes to attend absolutely all the notifications it receives in this respect.