LEGAL NOTICE - GENERAL TERMS (UNIVERSIA PORTALS)
Portal Universia, S.A., filed with the Companies Registry of Madrid at volume 33109, book 0, Folio 109, section 8, sheet no. M-264916, entry 112, and bearing tax number (Spanish C.I.F.) A82726639, and Universia Holding, S.L., filed with the Companies Registry of Madrid at volume 16,547, folio 107, sheet number M-28189, entry 4 and bearing tax number (Spanish C.I.F.) B82976515, both such companies having registered office at Juan Ignacio Luca de Tena 11-13, Edificio Cantabria Planta 1, 28027, Madrid, Spain (hereinafter, “UNIVERSIA”), have made the Portals described in section 1 below available to Internet users free of charge (known jointly as the “Portals”).
1. Subject matter and changes to the terms. Definition of UNIVERSIA Portals and entities responsible
The different Portals that UNIVERSIA makes available to Internet users and the entities that own and control those Portals are as follows:
- www.universia.com.ar, owned by PORTAL UNIVERSIA ARGENTINA S.A., with registered office at Defensa 119, 6º Piso, CP1065AAA - Buenos Aires, Argentina.
- www.universia.com.br, owned by UNIVERSIA BRASIL, S.A., with registered office at Av. Juscelino Kubitschek, 2235 - 21º andar - Vila Olímpia, 04543-011 - São Paulo - SP – Brazil.
- www.universia.cl, owned by UNIVERSIA CHILE, S.A., with registered office at Bandera 150, piso 9, Santiago de Chile, Chile.
- www.universia.net.co, owned by UNIVERSIA COLOMBIA, S.A., with registered office at Calle 98 N.° 22 - 64. Oficina 315, Bogotá, Colombia.
- www.universia.net.mx, owned by UNIVERSIA MÉXICO, S.A. de C.V., with registered office at Av. Vasco de Quiroga 3900 Torre C, 5° Piso Col. Lomas de Santa Fe 05300 México D.F.
- www.universia.edu.pe, owned by UNIVERSIA PERU, S.A., with registered office at Calle Francisco Masías 544, Oficina 1501, San Isidro, Lima 27, Peru.
- www.universia.pt, owned by PORTAL UNIVERSIA PORTUGAL – PRESTAÇÃO DE SERVIÇOS INFORMÁTICOS, S.A., with registered office at Rua do Ouro nº 88, Lisbon 1100-063, Portugal.
- www.universia.edu.uy, owned by UNIVERSIA URUGUAY, S.A., with registered office at José Martí 3216, Montevideo (Uruguay).
Likewise, UNIVERSIA will not be held liable for the areas or sections of its Portals, or for sites to which links appear on those Portals, that are managed by third parties or other UNIVERSIA companies.
Users may also obtain personalised help and support by contacting UNIVERSIA at https://contacto.universia.net.
2. General principles and requirements for entering and using the services. Responsibility and liability of the User
It is therefore prohibited to use the Portals for unlawful purposes, to use them in such a way as to impair, frustrate, damage and/or overload the normal functioning and operation of the Portals in any way, or to maliciously target the Portals or any third party.
In particular, but without limitation, Users must not:
- Enter or disclose data that is not truthful, accurate, complete and/or up-to-date, nor enter the Portals by using the name, personal details or password of other Users or stealing the identity of any other person or entity.
- Use the Portals for fraudulent purposes, or any criminal or unlawful activity.
- Enter or spread computer viruses that could cause the unauthorised alteration of Portal content or systems.
- Create a profile or use the Portal in order to send, use or recirculate unlawful, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening material, or where doing so infringes copyrights or registered trade marks, or breaches confidentiality, privacy or any other right, or otherwise proves detrimental or injurious to third parties.
- Send or distribute content in any other way that might violate applicable law or infringe the rights of any person or entity.
Users of the Portals shall not use the services, tools and features enabled on the Portals to transmit scores, assessments or comments that might breach human dignity or related values. In particular, the content posted by Users may not include the following expressions:
- Discriminatory expressions: under no circumstances may Users post expressions that maliciously target a natural person and that violate the right to honour, personal and family privacy, to protection of one’s image and to human dignity. Any kind of discriminatory posting is prohibited, whether relating to a person’s race, gender, religion, beliefs, nationality, disability, or any other personal or social circumstance.
- Illegal activities: no content posted on the Portals may promote or champion illegal activities or feature obscene or defamatory content.
- Violence: it is expressly prohibited to post content that promotes or champions violence.
- Degrading or humiliating content: it is prohibited to post opinions, comments, messages or communications that might intimidate, threaten, humiliate, degrade or incite or encourage the use of violence against a person or group of persons.
The User undertakes to provide truthful and accurate information to UNIVERSIA through the forms available on the Portals and shall in all cases notify UNIVERSIA of any change in the personal information they have provided.
Meanwhile, and as discussed in Provision 8 (“Intellectual and Industrial Property Rights”) below, it is prohibited to reproduce, distribute, transmit, adapt or modify, in any way, the web content contained on the Portals (text, designs, graphical material, information, databases, sound and/or image files, logos, etc.), unless prior consent has been granted by the legitimate owners or when such actions are permitted by law.
Use of the aforementioned content for commercial or advertising purposes beyond those expressly permitted, or the infringement of any rights arising from such actions, is also prohibited.
3. Conditions to be met by Users looking to create a hyperlink between their web page and the Portals
It is not permitted to reproduce the pages of the Portals by setting up hyperlinks from other portals or web pages. Such pages must be accessed directly.
Under no circumstance will UNIVERSIA be deemed to have authorised the hyperlink or to have checked or accepted the services or content provided by the website on which the hyperlink is enabled.
No false, incorrect or inaccurate statements or references may be made in relation to UNIVERSIA pages and services.
The page at which the hyperlink is enabled may have no distinguishing sign or feature that refers to the Portals, except for the signs built into the hyperlink itself.
It is explicitly prohibited to create any type of browser or border environment on the pages of the Portals.
No content that infringes the rights of third parties or runs contrary to good moral behaviour and customs and no unlawful information may be included on the web page from which the hyperlink is enabled.
The existence of a hyperlink between a web page and the Portals does not imply the existence of any relationship between UNIVERSIA and the owner of that page, nor the acceptance and approval of its contents and services.
4. Responsibility and liability of Users for their profile and account
5. Responsibility and liability of the User. Posting comments in blogs and forums
5.1. Responsibility and liability of the User
5.2. Posting comments in blogs and forums
The User shall refrain from posting comments in Portal blogs or forums that might prove offensive, defamatory, injurious or slanderous to third parties, or immoral, contrary to public order or policy or human dignity, or that might in any other way be unlawful or illegal or cause damage or loss to third parties.
UNIVERSIA companies reserve the right to remove from the blogs and forums contained on their respective Portals any comments they believe breaches or falls short of the standards described in the preceding paragraph. Any such comments may be taken down immediately and without prior notice.
6. Disclaimer and waiver
UNIVERSIA does not guarantee and accepts no responsibility or liability, in any case and under any circumstance, for the following events and content, or for any ensuing damage or loss:
- Any impaired availability or continuity, unreliable access, failure to maintain or the ineffective functioning of the Portals and/or of their services, or where the content proves to be out-of-date or otherwise inaccurate, as well as any kind of damage or loss resulting from the impaired availability or continuity of the Portals.
- Technical faults or outages attributable to third parties or down to force majeure, where these frustrate the proper functioning of the Portals.
- The transmission and/or existence of viruses or other programmes or elements that might harm the User’s computer or devices as a result of access to, or use or browsing of the Portals, or that might lead to alterations in their electronic documents or files, as well as damage and loss caused by any person that breaches UNIVERSIA security systems.
- Violations or breaches of the laws, uses or customs in force in relation to the intellectual property, industrial property, trade or contractual secrets, right to privacy, honour and protection of one’s image, property, advertising or competition rights, among others, of third parties.
- Flaws or defects in the content and/or services accessed via the Portals.
- The reception, storage, collection, dissemination or transmission of Portal content by Users.
- Knowledge of any information in the possession or employ of unauthorised third parties that relates to the manner in which Users are using Portal content and services.
- For any breach by third parties of their obligations or warrantees deriving from or arranged in respect of the services provided to Users through the Portals, or for the lack of quality, reliability, fitness for purpose, lawfulness, utility and availability of the services provided by third parties and made available to Users on these sites.
The preceding list is provided for information purposes only and is no event exclusive or excluding. UNIVERSIA ACCEPTS NO LIABILITY WHATSOEVER FOR ANY KIND OF DAMAGE OR LOSS RESULTING DIRECTLY OR INDIRECTLY FROM THE ABOVE OR FROM ANY OTHER SIMILAR ACTIONS NOT EXPRESSLY ENVISAGED ABOVE.
The Portals include links to sites belonging to and/or managed by third parties. These links are there to provide easy access to information and services available online.
UNIVERSIA accepts no liability for the existence of links between Portal content and content located outside the Portals or for any other reference to content external to this site. All such links or references are included for information purposes only. Under no circumstances do they imply or constitute any kind of endorsement, approval or marketing, or any relationship between UNIVERSIA and the authors and/or managers of such content or the owners of the sites on which such content is located.
Users should therefore exercise the utmost care and caution when visiting or using the content or services of any site they may access by clicking on any such link.
8. Intellectual and industrial property rights
All rights to the content, design and source code of the Portals, including in particular, but without limitation, all rights to the photographs, images, texts, logos, designs, brands, trade names, and other data included on the Portals and any other intellectual or industrial property rights, remain the property of UNIVERSIA, or of the relevant third parties to have expressly authorised UNIVERSIA to use such content or items on the Portals.
Accordingly, and by virtue of applicable intellectual property law, trademark law and related legislation governing intellectual and industrial property, it is expressly prohibited to reproduce, transmit, adapt, translate, distribute, publicly communicate, or make available any Portal content, no matter the medium or technology used to do so, except where explicitly authorised in writing by UNIVERSIA.
UNIVERSIA grants no license or authorisation whatsoever to use its intellectual and industrial property rights, or to use any other property or right related to the Portals or any Portal services or content. Under no circumstances will UNIVERSIA be deemed to have waived, transmitted, licensed or assigned any such rights by allowing Users to access and browse the Portals.
Any use of such content that has not been authorised previously by UNIVERSIA will be treated as a serious violation of intellectual or industrial property rights and will make the relevant party legally liable.
Third parties are exclusively responsible and liable for the legitimacy of the intellectual or industrial property rights relating to any content they may add or provide.
For the purpose of defending intellectual and industrial property rights, if any User or third party considers that their legitimate rights have been breached by the introduction of any content on the Portals, they must report that circumstance to UNIVERSIA by writing to Avda. de Cantabria s/n, 28660 Boadilla del Monte, Madrid, Spain (firstname.lastname@example.org), including in that written notice:
- personal data identifying the holder of the allegedly breached rights. If the claim is submitted by a third party other than the interested party, they must explain the nature of their powers of representation;
- details of the content protected by the intellectual property rights and its location on the Portals;
- proof of the existence, ownership and validity of the intellectual property rights concerned;
- express declaration in which the interested party accepts responsibility for the truthfulness of the details and information provided in the notice discussed in this section.
11. Data protection
UNIVERSIA is fully compliant with applicable law and regulations on the protection of personal data and, in particular, with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation, or “GDPR” for short), thus ensuring that all personal information provided by Users when registering for the different programmes and/or projects offered through the Portals (grants, subsidies, job offers and other services relating to academic and professional training) is processed in accordance with the legally prescribed obligations and with the legal safeguards in place.
Pursuant to prevailing law and regulations, Users are informed that UNIVERSIA has implemented the appropriate technical and organisational measures to guarantee an adequate level of data security and to prevent the loss, misuse, alteration, unauthorised access to, or theft of the data provided by the User. UNIVERSIA likewise guarantees that it complies with the duty of secrecy and confidentiality in respect of the personal data provided by Users via the Portals.
For any doubts or questions concerning the processing of personal data, please contact the Data Protection Officer of UNIVERSIA by writing to the following address: email@example.com.
12. Loss of User status
Registered Users are free to close their account at any time by simply completing the relevant request form available under the Cancel user account section of the Portal on which the User is registered. On cancelling their account, the User will forfeit their status as such.
These terms and conditions will continue to apply even where the User ceases to qualify as such and will continue to govern any matters or claims arising between UNIVERSIA and the User after the latter has lost or forfeited their status as such.
14. Governing law and jurisdiction
UNIVERSIA and the User agree that any dispute or action arising out of the Portal services and content to be provided by UNIVERSIA, or regarding the interpretation, application, performance or breach of these General Term of Use, will be heard by the courts of the City of Madrid, with both parties expressly waiving any other forum or venue to which they may be entitled.