3.1. User's Register

Overall, the provision of services does not require the users to sign up or register previously. However, Esame Foundation makes the access to some services conditional on the previous completion of the corresponding User's Register, which may be changed at all times by requesting it to atencionalcliente@biomedical.es. Esame Foundation also provides its users with some services, which will require them to complete further registers. These registers will be carried out following the specific instructions that are indicated in the service or in the terms and conditions governing them.

3.2. Veracity of the information.

All data provided through these services by the user must be true. For the purposes of these services, the user certifies the authenticity of all information provided upon the completion of the relevant forms that are necessary for the subscription to the services. The user will also be responsible for updating all the information provided to Esame Foundation or on any of the company's web pages so that this information reflects the user's actual situation at all times. In any case, the user will be the only person responsible for false or inexact statements and for the damages caused by this information to Esame Foundation or any other third parties.

3.3. Proper use of the portal site and services

The user commits himself/herself to use this website created by Esame Foundation and its services in accordance with: the applicable law, this Legal Statement, the specific terms and conditions of each service and other notices, regulations and instructions of use provided to him/her, and morality, generally accepted customs and public order. Therefore, the user should not utilize any of the services for illicit purposes or purposes that are prohibited by this Legal Statement or detrimental to the rights and interests of another, or which may damage, overload, ruin or hack the normal use of the services, hardware, software, files or any type of data stored in any computer networks belonging to Esame Foundation, to other users or to any other users of the Internet. Specifically, without limitation, the user may not send out, disclose or release any information, data, contents, messages, graphs, drawings, sound or image files, photographs, recordings, software and, generally, any type of material:

(a) which are contrary or detrimental to the fundamental rights and civil liberties recognized by the Spanish Constitution, by international treaties and any other legislation;
(b) which may promote or lead to criminal, degrading, libelous, defamatory or violent acts, or illegal acts in general, that are contrary to morality, generally accepted customs and public order;
(c) which may promote or lead to discriminatory acts, attitudes or thoughts on the basis of sex, race, religion, creed, age or any other condition;(d) which may include, enable or lead to criminal, violent, offensive, harmful or degrading services, products or elements that are contrary to morality, generally accepted customs and public order;
(e) which may cause an unacceptable state of anxiety or fear in an individual;
(f) which may incite to or lead to take part in unsafe or dangerous practices that can be harmful to health or psychological stability;(g) which are false, ambiguous, inaccurate, exaggerated or obsolete, and therefore resulting in errors of the user's purposes or objectives;
(h) which are protected by intellectual/industrial property laws and belong to a third party, without the relevant previous authorization by the owners to carry out the purposes or intended objectives;
(i) which may violate a third party's business secrecy;
(j) which are contrary to the right of honour, personal/family intimacy or personal image;
(k) which may harm the reputation of Esame Foundation or any third parties;
(l) which may violate the regulations on secret communication;
(m) which may constitute illicit, untruthful or unfair advertising, and in general, unfair competition;
(n) which include viruses or other physical/electronic elements than may damage or block Esame Foundation's or another's networks, systems or any computer equipment (hardware and software), resulting in damages to the electronic files/documents that are stored in those systems;
(o) whose characteristics (such as format or length) may cause the services to fail to perform;
(p) which include HTML tags that are not specifically authorized by Esame Foundation;

3.4. Proper use of the content

As stipulated in the above article, the user commits himself/herself to use the contents provided on Esame Foundation's websites, including but not limited to, the texts, photographs, graphs, icons, technology, software, links and other multimedia or sound files, as well as graphic design and source codes (hereinafter, the "Content"), in accordance with the law, this legal statement, the specific terms and conditions of each service, any further statements, use regulations and instructions provided to the user, as well as with morality, generally accepted customs and public order. Specifically, the user may not:

(a) copy, reproduce, distribute, transmit or in any other ways display in public, alter or modify the Content, unless provided with an express authorization from the holders of the corresponding rights or under other lawful circumstances;
(b) delete, alter or modify in any ways the copyright or other identifying data of Esame Foundation's trademarks or their owners, their fingerprints or any other recognition technology;

The user may not attempt to gain access to the content using any methods other than the ones provided or indicated on the websites containing such contents for this purpose or the methods that are generally used on the Internet, as long as they do not entail risks of damaging or blocking the operation of the websites, services and/or contents.

3.5. Use of services in accordance with Esame Foundation's anti-spam policy

The user may not:

(i) collect any information for advertising purposes or submit any type of advertisement or messages for commercial or marketing purposes without the correspondent authorization or permission;
(ii)submit any unsolicited or prohibited messages to a number of people;
(iii) submit any unsolicited or prohibited chain-letters or chain electronic messages;
(iv) use the distribution lists, to which the user may gain access via the services, for the purposes of carrying out the activities described in the above (i) and (iii) sections;
(v) disclose any information obtained via the distribution list to any third party and with any objective whatsoever;

Any user or third party who become affected by receiving unsolicited messages that have been sent to a number of people may inform Esame Foundation by sending an email to the following e-mail address: esame@esame.org

3.6. Creation of links to the Esame Foundation's websites and services

A user or any person in general, intending to create a link from their own website to the portal site (hereinafter, the "link") should comply with the following conditions:

(a) the link may only provide access to the homepage or initial page of the portal site, but it may not reproduce them in any ways;
(b) a frame may not be created on the web pages of the portal site;
(c) no untruthful, inaccurate or incorrect indications or statements may be made about Esame Foundation, its managers, staff, websites of the portal site or provided services;
(d) it may not be stated or understood in any ways that Esame Foundation has authorized the link or supervised or managed the services provided on the website on which the link is intended to be created;
(e) with the exception of the elements constituting the link, the website on which the link is intended to be created may not contain any trademarks, names, logos, slogans, signs of the facilities, or any other signs belonging to Esame Foundation.
(f) the website on which the link is intended to be created may not contain any illicit information/contents that are contrary to morality, generally accepted customs and public order, or contents that are contrary to the rights of any third party;

The creation of a link does not involve the existence of any connections between Esame Foundation or its websites and the owner of the website on which the link is created, or the acceptance of its contents or services by Esame Foundation

All trademarks, commercial names or distinctive signs of any kind that appear on Esame Foundation's websites are owned by Esame Foundations or by a third party. The access to or use of the portal and/or the services does not grant the User any rights over these trademarks, commercial names or distinctive signs.

The contents are the intellectual property of Esame Foundation or a third party. Under the provisions of this legal notice, no rights of use of the existing or future contents are granted to the User, with the exception of the rights that are necessary for the correct use of the website and the services.

5. DISCLAIMER OF WARRANTY AND LIABILITY0

5.1. Disclaimer of warranty and liability for the functionality of the Portal Site and the services.

5.1.1. Availability, continuation, usefulness and reliability.

Esame Foundation disclaims all warranties of availability or continuation of the website and services. Esame Foundation will previously communicate any interruption in the functionality of the website or the services, whenever reasonably possible. Esame Foundation disclaims all warranties of accuracy of information or usefulness of the Portal Site or services for the conduct of any activities whatsoever. Esame Foundation does not provide warranty of, particularly, but not limited to, effective use of the website and services by the users, or access to the different web pages that make up the portal site or those pages from which the services are provided.

Esame Foundation DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITY FOR ANY DAMAGES OF ANY TYPE WHATSOEVER THAT MAY BE DERIVED FROM THE UNAVAILABILITY OR DISCONTINUATION OF THE PORTAL SITE AND THE SERVICES OR THE MISUSE THREOF BY THE USERS, THE ACCURACY OF THE PORTAL SITE AND THE SERVICES AND, PARTICULARLY, BUT NOT LIMITED TO, FROM FAILURE TO ACCESS THE DIFFERENT WEB PAGES THAT CONSTITUTE THE PORTAL OR THOSE WHICH ARE OFFERED IN THE SERVICES.

5.1.2. Privacy and Safety in the Use of the Portal Site and the Services.

Esame Foundation disclaims all warranties of privacy and safety with regard to the use of the Portal Site or the Services, and particularly, it does not guarantee the fact that third parties may not learn about the conditions and circumstances in which the users are accessing the Portal Site or the Services or the type and characteristics thereof.

Esame Foundation DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITIES FOR ANY DAMAGES OF ANY TYPE WHATSOEVER THAT MAY BE DERIVED FROM UNAUTHORIZED THIRD PARTIES LEARNING ABOUT THE CONDITIONS AND CIRCUMSTANCES IN WHICH THE USERS ARE ACCESSING THE PORTAL SITE OR THE SERVICES OR THE TYPE AND CHARACTERISTICS THEREOF.

5.2. Disclaimer of Warranties and Liabilities for the Contents.

5.2.1. Quality.

Esame Foundation does not control or guarantee the absence of viruses or other elements in the Contents that may affect the User's hardware and software or the computer files stored in the computer system.

Esame Foundation DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITIES FOR ANY DAMAGES OF ANY TYPE WHATSOEVER THAT MAY BE DERIVED FROM THE PRESENCE OF VIRUSES OR OTHER ELEMENTS IN THE CONTENTS THAT MAY AFFECT THE USERS' COMPUTER SYSTEM OR ELECTRONIC FILES.

5.2.2. Legitimacy, reliability and usefulness.

Esame Foundation does not guarantee the legitimacy, reliability and usefulness of the contents.

Esame Foundation DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITIES FOR ANY DAMAGES OF ANY TYPE WHATSOEVER THAT MAY BE DERIVED FROM THE TRANSMISSION, DISTRIBUTION, STORAGE, RELEASE, RECEPTION OR ACCESS TO THE CONTENTS, AND PARTICULARLY, BUT NOT LIMITED TO, FOR ANY DAMAGES THAT MAY BE DERIVED FROM:

(A)  FAILURE TO COMPLY WITH THE LAW, MORALITY, GENERALLY ACCEPTED CUSTOMS OR PUBLIC ORDER AS A CONSEQUENCE OF THE TRANSMISSION, DISTRIBUTION, STORAGE, RELEASE, RECEPTION OR ACCESS TO THE CONTENTS;

(B)  A VIOLATION OF THE RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY, THE PROFESSIONAL SECRET, CONTRACTS OF ANY TYPE WHATSOEVER, PERSONAL HONOR, PERSONAL AND FAMILY INTIMACY, IMAGE OF ANY PERSONS, RIGHTS OF PROPERTY OR ANY OTHER TYPE OF RIGHTS OF ANY THIRD PARTIES THAT MAY BE DERIVED FROM THE TRANSMISSION, DISTRIBUTION, STORAGE, RELEASE, RECEPTION OR ACCESS TO THE CONTENTS;

(C)  UNFAIR COMPETITION AND ILLICIT ADVERTISING AS A CONSEQUENCE OF THE TRANSMISSION, DISTRIBUTION, STORAGE, RELEASE, RECEPTION OR ACCESS TO THE CONTENTS;

(D)  UNTRUTHFULNESS, INACCURACY, INADEQUACY, INAPPROPRIATENESS OR OBSOLESCENCE OF THE CONTENTS;

(E)  INAPPROPRIATENESS OF ANY PURPOSES WHATSOEVER OR FAILURE TO COMPLY WITH THE INTENDED PURPOSES OF THE CONTENTS;

(F)  FAILURE TO COMPLY WITH, DELAY COMPLYING WITH, OR TERMINATION DUE TO ANY CAUSES OF THE OBLIGATIONS UNDERTAKEN BY ANY THIRD PARTIES OR CONTRACTS SIGNED BY ANY THIRD PARTIES DUE TO ACCESS TO THE CONTENTS;

(G)  FLAWS OR DEFECTS OF ANY TYPE WHATSOEVER THAT MAY BE FOUND IN THE CONTENTS, THE PORTAL SITE OR THE SERVICES THROUGH, ACCESS, TRANSMISSION, DISTRIBUTION, STORAGE, RECEPTION OR RELEASE THEREOF.

5.2.3. Truthfulness, accuracy, adequacy and obsolescence.

Esame Foundation does not guarantee that the Contents be truthful, accurate, exhaustive and up to date. Esame Foundation DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITY FOR ANY DAMAGES OF ANY TYPE WHATSOEVER THAT MAY BE DERIVED FROM THE UNTRUTHFULNESS, INACCURACY, INADEQUACY AND/OR OBSOLESCENCE OF THE CONTENTS.

5.3. Disclaimer of warranties and liabilities for the services provided to third parties through the Portal Site.

5.3.1. Quality.

Esame Foundation does not control nor does it guarantee the absence of viruses or other elements in the services provided to third parties that may affect the User's hardware and software or the computer files stored in the computer system.

5.3.2. Legitimacy, reliability and usefulness.

Esame Foundation does not guarantee the legitimacy, reliability and usefulness of the services provided to third parties.

Esame Foundation DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITY FOR ANY DAMAGES OF ANY TYPE WHATSOEVER THAT MAY BE DERIVED FROM THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL SITE, AND PARTICULARLY, BUT NOT LIMITED TO, FOR ANY DAMAGES THAT MAY BE DERIVED FROM:

(A)  FAILURE TO COMPLY WITH THE LAW, MORALITY, GENERALLY ACCEPTED CUSTOMS OR PUBLIC ORDER AS A CONSEQUENCE OF THE SERVICES PROVIDED THROUGH THE PORTAL SITE;

(B)  A VIOLATION OF THE RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY, THE PROFESSIONAL SECRET, CONTRACTS OF ANY TYPE WHATSOEVER, PERSONAL HONOR, PERSONAL AND FAMILY INTIMACY, IMAGE OF ANY PERSONS, RIGHTS OF PROPERTY OR ANY OTHER TYPE OF RIGHTS OF THIRD PARTIES THAT MAY BE DERIVED FROM THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL SITE;

(C)  UNFAIR COMPETITION AND ILLICIT ADVERTISING AS A CONSEQUENCE OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL SITE;(D) UNTRUTHFULNESS, INACCURACY, INADEQUACY, INAPPROPRIATENESS OR OBSOLESCENCE OF THE CONTENTS TRANSMITTED, DISTRIBUTED, STORED, OBTAINED, RECEIVED OR RELEASED AS PART OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL SITE;

(E)  INAPPROPRIATENESS OF ANY PURPOSES WHATSOEVER OR FAILURE TO COMPLY WITH THE INTENDED PURPOSES OF THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL SITE;

(F)  FAILURE TO COMPLY WITH, DELAY COMPLYING WITH, OR TERMINATION DUE TO ANY CAUSES OF THE OBLIGATIONS UNDERTAKEN BY ANY THIRD PARTIES OR CONTRACTS SIGNED BY ANY THIRD PARTIES DUE TO THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL SITE;

(G)  FLAWS OR DEFECTS OF ANY TYPE WHATSOEVER THAT MAY BE FOUND IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL SITE.

5.4. Disclaimer of warranties and liabilities for off-site information, contents and services.

The Portal site provides the users linking mechanisms (such as links, banners and buttons among others), directories and search tools that allow the Users to access other web sites that belong to or are run by third parties (hereinafter referred to as "Linked Sites"). These links, directories and search tools are installed on the Portal site for the sole purpose of facilitating the research and access by the Users to the information on the internet.

Search results are directly delivered from third parties and are generated by automated technical mechanisms. Esame Foundations cannot therefore control such results, and particularly, it cannot control the fact that other internet sites may appear among them, containing material that third parties may deem illicit, contrary to morality and generally accepted customs. Should a user consider that one of the sites appearing as part of search results contains illicit information or activities, they may request deletion of that link following the procedures described in section 7 of this notice.

Esame Foundation does not offer or market by itself or through third parties the information, contents and services that are available on the Linked Sites, nor does it previously control, approve, recommend, review or appropriate them. The User must therefore be extremely cautious when evaluating and using such information, contents and services.

Esame Foundation DISCLAIMS ALL LIABILITIY FOR ANY DAMAGES OF ANY TYPE WHATSOEVER THAT MAY BE DERIVED FROM:

(A)  THE FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR CONTINUATION OF THE LINKED SITES;

(B)  THE UPKEEP OF INFORMATION, CONTENTS AND SERVICES EXISTING ON THE LINKED SITES;

(C)  THE DISTRIBUTION OR TRANSMISSION OF THE INFORMATION, CONTENTS OR SERVICES EXISTING ON THE LINKED SITES;

(D)  THE QUALITY, LEGITIMACY, RELIABILITY, AND USEFULNESS OF THE INFORMATION, CONTENTS AND SERVICES EXISTING ON THE LINKED SITES, UNDER THE SAME TERMS AND TO THE SAME EXTENT AS DESCRIBED IN THE GENERAL CONDITIONS 5.2 AND 5.3 WITH REGARD TO THE CONTENTS AND SERVICES MADE AVAILABE BY THIRD PARTIES THROUGH THE PORTAL SITE.

5.5. Disclaimer of warranties and liabilities for the use of the Portal Site, the Contents and the Services by the Users.

Esame Foundation is under no obligation to control and does not control the use of the Portal Site, the Contents and the Services by the Users. Particularly, Esame Foundation does not guarantee the Users' compliance with this legal notice or with the Particular Terms of each application (where appropriate), when using the Portal Site, the Contents and the Services. Furthermore, it cannot control the Users' caution and conscientiousness, nor is it under any obligation to verify and does not verify the Users' identities or the truthfulness, validity, completeness and/or authenticity of the information the Users provide about themselves to other Users.

Esame Foundation DISCLAIMS ALL LIABILITIY FOR ANY DAMAGES OF ANY TYPE WHATSOEVER THAT MAY BE DERIVED FROM THE USE OF THE SERVICES AND CONTENTS BY THE USERS OR THAT MAY BE DERIVED FROM THE UNTRUTHFULNESS, INVALIDITY, UNCOMPLETENESS AND/OR LACK OF AUTHENTICITY OF THE INFORMATION THAT THE USERS PROVIDE ABOUT THEMSELVES TO OTHER USERS, AND PARTICULARLY, BUT NOT LIMITED TO, FOR ANY DAMAGES OF ANY TYPE WHATSOEVER DERIVED FROM A USER'S IMPERSONATION AS A THIRD PARTY IN ANY COMMUNICATION OF ANY TYPE THAT IS CARRIED OUT THROUGH THE PORTAL SYTE.

6. PROTECTION OF PERSONAL INFORMATION

In order to use some of the services, the Users must previously provide Esame Foundation with certain information of personal nature (hereinafter referred to as "Personal Information"). Esame Foundation will process Personal Information automatically for the purposes and under the circumstances described in the company's Privacy Policy, which can be found at www.cro.es/avisolegalcroi.htm.

Esame Foundation has adopted the security measures to protect the personal information that is legally required and currently intends to broaden these measures and implement further technical measures for protection. Notwithstanding this, the user should be aware that internet security measures are not absolute.

Esame Foundation may use cookies whenever a User accesses the sites and pages of the Portal site. The cookies that may be used on the Portal website's pages are associated only to the browser of one particular computer (an unidentified User), without carrying the User's name. Is it because of the use of cookies that Esame Foundation is capable of recognizing the browsers of the registered Users after they have signed up for the first time, without having to sign up again for each visit in order to access the areas and Services that are exclusively reserved for them. These cookies cannot read the cookie files created by other suppliers. The user has the option of both setting the browser so that the screen warns the User of the reception of cookies and preventing the computer from installing cookies on the hard disk. Please refer to your browser's instructions for more information in this respect. The use of the Portal site does not require the Users to enable the installation of the cookies sent by Esame Foundation on their computers. Nevertheless, the Users may still have to log on every time they wish to access a service that requires previous registration.

Cookies that are used on the sites and web pages of the Portal site may be provided by Esame Foundation, in which case these are provided from the servers that are operated by them, or from the servers of third parties who do not offer services but provide cookies through Esame Foundation (for instance, cookies that are used for advertising purposes or cookies that carry specific information and that enable the User to access such advertisement or specific information on the time, number of times and in the way that has been previously established). As long as the option that prevents cookies from being installed on the hard disk is disabled, Users may explore their hard disk following the instructions and the help options of their operating system (normally, in Windows operating systems, Users should refer to file "C", or the corresponding "/Windows/Cookies" disk unit) to broaden the information on the servers from which cookies are sent.

7. PROCEDURES TO FOLLOW IN CASE ILLICIT ACTIVITIES ARE CARRIED OUT.

Should a User or a third party consider that there are certain facts or circumstances which prove the illicit nature of the use of any Contents and/or the conduct of any activities on the web pages that comprise or are accessible through the Portal site, and particularly, of the violation of intellectual and industrial property rights (patents, models, industrial drawings, trademarks and commercial names, etc.), or any other rights, they should submit a notification for Esame Foundation containing the following:

(a)   Personal information of the person writing the complaint: name, address, phone number and e-mail address;

(b)  Description of the activity that is being carried out on the Portal site and thought to be illicit, and, particularly, when it is supposed to be a violation of rights; precise indication of protected contents and their location on the website;

(c)  Facts or circumstances that are proof of the illicit nature of such activities;(d) In case a violation of rights is suspected, handwritten signature or equivalent, together with signatory's personal information and the rights that are suspected to be violated; or personal information of legal representative;

(e)  Explicit and clear declaration by the person writing the complaint and under his/her responsibility that all the information provided in the notification is accurate and that the use or activities reported were carried out illicitly.

8. NOTIFICATIONS.

All notifications and communications (hereinafter referred to as "Notifications"), submitted by the Users to Esame Foundation, will be considered effective if sent to Customer and User Care in one of the following ways:

(a)  Via regular mail to the following address: Sardenya, 537, 08024 Barcelona, Spain.

(b)  Telephone call at (+34) 93 219 67 62.

(c)  Via e-mail to the following address: esame@esame.org

All Notifications submitted by Esame Foundation to the Users will be considered effective if they are made in one of the following ways:

(a)  Via regular mail to the Users' private address if they have previously been informed by Esame Foundation.

(b)  Via e-mail to any one of the accounts owned or operated by the User as a part of any services other than the one provided by Esame Foundation;

(c)  Telephone call on the User's number if Esame Foundation has previously informed them.

(d)  Through pop-up messages sent to the Users while they are accessing Esame Foundation's services. In this respect, all Notifications submitted by Esame Foundation to the Users will be considered effective if they have been processed using the above methods and the specified data. The User therefore certifies that all the information submitted is true and correct, undertaking to inform Esame Foundation of any changes in the notification data.

9. WITHDRAWAL AND DISCONTINUATION OF SERVICES

Esame Foundation may withdraw or discontinue the access to the Services by those Users who do not observe the conditions set forth in this Legal Notice, at any time and without any previous notice.

10. DURATION AND TERMINATION.

The provision of services of the Portal site and other services is intended to last for an unlimited period of time. Esame Foundation is, however, authorized to terminate or discontinue the provision of services of the Portal site or other services at any time and regardless of what may have been set forth previously in the corresponding Specific Conditions. As long as it is reasonably possible, Esame Foundation should previously inform about the termination or discontinuation of the Portal site services or any other services.

11. APPLICABLE LEGISLATION.

This Legal Notice is wholly governed by the Spanish law.If you have any suggestions or proposals of collaboration, please send us an email to esame@esame.org, or call us on the this number: (+34) - 93 219 67 62.

In the event of any litigation or dispute arising in connection with this website, the parties hereby agree to submit such dispute to mediation by the arbitration panels or courts of the city of Barcelona, waiving their respective rights to a jury trial.