Legal advise

GENERAL CONDITIONS OF USE OF THE PORTAL

The terms and conditions indicated below regulate access to and use of the portal www.porttarragona.cat.

The term portal encompasses – in a delimiting but not limiting manner – texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, etc. that are included and, in general, all creations expressed by any means or medium, tangible or intangible, currently known or that may be invented in the future, regardless of whether they are susceptible or not to intellectual property protection in accordance with the Consolidated Text of the Law on Intellectual Property or a norm that may succeed it in the future.

Access to the portal means that the user acquires a series of rights and obligations, in order to guarantee proper enjoyment of the services and contents found and that APT makes available free of charge to the user, except when the particular conditions regulating a specific service or content accessible through the portal provide that the user must pay an amount for its use and enjoyment.

The user is aware that access to and use of the services and contents of the portal is carried out under their sole and exclusive responsibility.

These general conditions of use are expressly and fully accepted by the user by the fact of accessing the portal and / or viewing the contents or using the services contained in the portal. If these general conditions are replaced by others in whole or in part, such new general conditions shall be understood to be accepted in the same manner as stated. However, the user of the portal should access these general conditions periodically to learn about successive versions that are included here, although it is recommended that the user access them each time they intend to access or use the services and contents of the portal.

If the user does not accept these general conditions or, where applicable, the particular conditions governing the use of a specific service and / or content, the user should refrain from accessing the portal or, where applicable, such service and / or content.

In general, the services and contents offered through the portal will be available in Catalan, Spanish and English, without prejudice to the possibility – subject to APT’s discretion – of enabling access in any other language.

APT may unilaterally and without prior notice modify the provision, configuration, content and services of the portal, as well as the conditions of use and access to the services provided, without prejudice to what is provided in the particular conditions that regulate, where applicable, the use of a specific service and / or content.

The cost of telephone access or any other type of cost for connection to the portal will be borne exclusively by the user.

For proper viewing of the portal, the user must meet the minimum technical conditions, detailed on the page: optimal resolution.

The user must establish appropriate technical security measures to avoid unwanted actions on their information system, files and computer equipment used to access the Internet and, especially, on the portal, being aware that the Internet is not completely secure.

CONDITIONS OF USE OF BUSINESS DIRECTORIES OPERATING IN THE PORT OF TARRAGONA

APT is the exclusive owner of the directories and is protected by exploitation rights and sui generis rights under the Consolidated Text of the Law on Intellectual Property and the effects of the aforementioned regulation, APT is the exclusive holder of reproduction, distribution, public communication and transformation rights as well as extraction rights, permanent or temporary transfer of all or a substantial part of the directory, its reuse and any form of making available to the public of all or a substantial part of its content through the distribution of copies in the form of sale or other transfer of ownership or rental, online transmission or in other forms. The performance of any acts indicated in this paragraph will require express written authorization from APT.

Likewise, it is prohibited for the user of the portal to perform acts contrary to current legislation such as extraction and / or reuse of all or a substantial part of the content of the directories, as well as extraction and / or repeated or systematic reuse of non-substantial parts of its content when they constitute acts contrary to normal exploitation or cause unjustified damage to the legitimate interests of APT.

APT advises the user that the directories may only be used for private purposes and as a consultation and contact tool with companies in the sector by extracting and / or reusing non-substantial parts of its content. The use of data for advertising activities is prohibited regardless of the medium, and the user is solely responsible for carrying out any other acts contrary to current legislation on data protection in accordance with Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 (GDPR) and information society services (LSSICE).

CONDITIONS OF USE OF THE SERVICE FOR MONITORING SHIP POSITIONS IN PORT

APT is the exclusive owner of the database concerning the position of ships in port and is protected by exploitation rights and sui generis rights granted by the Consolidated Text of the Law on Intellectual Property and the effects of the aforementioned regulation, APT is the exclusive holder of reproduction, distribution, public communication and transformation rights as well as extraction rights, permanent or temporary transfer of all or a substantial part, its reuse and any form of making available to the public of all or a substantial part of its content through the distribution of copies in the form of sale or other transfer of ownership or rental, online transmission or in other forms. The performance of any acts indicated in this paragraph will require express written authorization from APT.

Likewise, it is prohibited for the user of the portal to perform acts contrary to current legislation such as extraction and / or reuse of all or a substantial part of the content of the database, as well as extraction and / or repeated or systematic reuse of non-substantial parts of its content when they constitute acts contrary to normal exploitation or that cause unjustified damage to the legitimate interests of APT.

APT advises the user that this database may only be used for private purposes and as a consultation and contact tool with companies in the sector by extracting and / or reusing non-substantial parts of its content. The use of data for advertising activities is prohibited regardless of the medium, and the user is solely responsible for carrying out any other acts contrary to current legislation on information society services (LSSICE).

Regarding the contents published by APT in the database, the user is warned that APT does not guarantee the truthfulness and / or accuracy of the data, and the consignee, person or entity that supplied it in each case is in all cases responsible, with APT being exonerated from the consequences and / or liabilities arising from the use of the information taking into account such circumstances.

RIGHTS AND OBLIGATIONS OF THE USER

dpd@porttarragona.catThe user may:

Access free of charge and without need of prior authorization the contents and services of the portal available as such, without prejudice to technical conditions, particular conditions or the need for prior registration with respect to specific services and contents, as determined in these general conditions or in the particular conditions of such services. Use the available services and contents for exclusive personal use, without prejudice to what is provided in the particular conditions governing the use of a specific service and / or content. The user may download a single copy of the web page for offline viewing for personal and non-commercial purposes. Make correct and lawful use of the site, in accordance with current legislation, morality, good practices and public order.

dpd@porttarragona.cat Prohibitions:

In no case may the user:

Access or use the services and contents of the site for unlawful purposes, prejudicial to the rights and freedoms of third parties, or that may damage, harm or impede in any way their access, to the detriment of APT or third parties.

Use the services, in whole or in part, to promote, sell, contract, divulge advertising or information of their own or of third parties without prior authorization from APT.

Introduce information into the portal or use existing services therein for the purpose of attacking – directly or indirectly – the rights – and especially the fundamental rights and public freedoms – of other users of the portal or of APT; that incite or promote the carrying out of criminal, xenophobic, terrorist or degrading acts on the grounds of age, sex, religion or beliefs; or of a pornographic, obscene, violent nature or that violate the law, morality or good practices. For these purposes, information shall be understood, in a delimiting but not limiting manner: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, etc.

Include hyperlinks on their private or commercial web pages to this portal not complying with the conditions provided for this purpose.

Use the services and contents offered through the portal in a manner contrary to the general conditions of use and / or the particular conditions governing the use of a specific service and / or content, and to the detriment or with diminishment of the rights of other users.

Perform any action that prevents or hinders access to the site by users, as well as hyperlinks to the services and contents offered by APT or third parties through the portal.

Use the portal as a means of access to the Internet for the commission of unlawful actions or contrary to current legislation, morality, good practices and public order.

Use any type of computer virus, code, software, computer program, computer or telecommunications equipment that may cause damage or unauthorized alterations of contents, programs or systems accessible through the services and contents provided on the portal or to the information systems, files and computer equipment of its users; or unauthorized access to any contents and / or services of the portal.

Delete or modify in any way the protection devices or identification of APT, or its legitimate holders that may be contained in the contents hosted on the portal, or the symbols that APT or the legitimate third-party holders of rights incorporate into their creations subject to intellectual or industrial property existing on this portal.

Include on websites of their responsibility or property “metatags” corresponding to brands, trade names or distinctive signs owned by APT.

Reproduce in whole or in part the portal on another site or web page and without complying with the conditions provided for this purpose.

Perform framing on the portal or on the web pages accessible through it that hide or modify – in a delimiting but not limiting manner – contents, advertising spaces and brands of APT or third parties, regardless of whether or not they constitute acts of unfair competition or confusion.

Create frames within a website of their responsibility or property that reproduce the main page and / or the pages accessible through it, corresponding to the portal without prior authorization from APT.

Include on a website of their responsibility or property a hyperlink that generates a window or session of the browser software used by a visitor, user or customer of their website, which includes brands, trade names or distinctive signs of their property and through which the main web page of the portal or any of the pages accessible through it would be displayed.

Use the brand, trade names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without prior express written authorization of its owner.

Perform any action that involves reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves modification or alteration, of all or part of the contents and services of the portal or economic exploitation thereof, without prior written authorization from APT or the third party owner of the intellectual and industrial property rights relating to the services or contents of the portal and except as provided in these general conditions or, where applicable, particular conditions governing the use of a service and / or content existing on the portal.

REUSE OF PUBLIC SECTOR INFORMATION

The use restrictions and processing of information available on the website of the Port Authority of Tarragona, which have been established in the conditions of use thereof, and determined as rights and obligations of the user, are to be understood, independently of what is provided in Law 37/2007, of November 16, on reuse of public sector information, and in particular, because information and documentation is included in the open information data catalog, whose purpose is to promote the opening and reuse of information generated by the Port Authority of Tarragona, in order to achieve a more transparent, efficient and accessible administration, and to create new opportunities, both social and economic, from the reuse of information through clear and flexible conditions of use. While raising awareness about the importance and value of the open data culture.

The following general conditions shall apply to the provision of reusable datasets:

Do not distort the meaning of the information.

Cite the source of the documents subject to reuse.

Mention the date of the last update of the documents subject to reuse, whenever it was included in the original document.

It shall not be possible to indicate, insinuate or suggest that the administrative bodies, organisms or entities of the state public sector that own the reused information participate, sponsor or support the reuse being carried out with it.

Preserve and not alter or delete the metadata on the update date and the applicable reuse conditions included, where appropriate, in the document made available for reuse by the Administration or public sector body.

The use of the datasets shall be carried out, by the users or reuse agents, at their own risk, being exclusively incumbent on them to respond to third parties for any damages that could arise from it.

INFORMATION ON “LINKS”

APT is not responsible for non-proprietary websites or third-party websites, which can be accessed through “links” or any content made available by third parties. Any use of a link or access to a non-proprietary website is carried out by the user’s voluntary decision and exclusive risk, APT does not recommend or guarantee any information obtained through a link outside the porttarragona.cat website, nor is it responsible for any loss, claim or damage arising from the use or misuse of a link, or the information obtained through it, including other links or websites, from service interruption or access, or from the use or misuse of a link, both when connecting to the porttarragona.cat web portal and when accessing information from other websites through the same web portal.

DISCLAIMER AND LIMITATION OF LIABILITY

The information and services included or available through the Web pages may include inaccuracies or typographical errors. Changes to the information contained are periodically incorporated. APT may introduce improvements and / or changes to services or contents at any time.

It is also warned that the contents of this website have an informative purpose regarding the offer of services and rates, as provided in this legal notice and in the other legal texts of this portal.

INFORMATION ON THE EXEMPTION OF ANY LIABILITY ARISING FROM TECHNICAL AND CONTENT FAILURE

APT declines any responsibility in case there are interruptions or malfunction of the services or contents offered on the Internet, whatever their cause. Likewise, APT is not responsible for network outages, business losses as a consequence of these outages, temporary power outages or any other type.

APT does not guarantee that services or contents will not be interrupted or that they are free from errors, that defects will be corrected, or that the service or the server that makes it available to you is free from viruses or other harmful components, without prejudice to the fact that APT makes its best efforts to prevent this type of incident. In case the user takes certain decisions or performs actions based on information included in any of the “websites”, it is recommended to verify the information received from other sources.

INFORMATION REGARDING INTELLECTUAL AND INDUSTRIAL PROPERTY

1. The structure, design and form of presentation of the elements (graphics, images, files, logos, color combinations and any element susceptible to protection) are protected by intellectual property rights, owned by APT.

2. Reproduction, transformation, distribution, public communication, and in general any other form of exploitation, partial or total of the elements referred to in the previous section is prohibited. These acts of exploitation may only be carried out by virtue of express authorization from APT and which, in any case, will have to explicitly refer to the ownership of the aforementioned intellectual property rights of APT.

3. You are only authorized for private use of the documentary material prepared for APT. In no case may you delete, alter, circumvent or manipulate any protection device or security systems that may be installed.

4. Except for express authorization from APT, linking to “end pages”, “framing” and any other similar manipulation is not permitted. Links must always be to the main page or “home page” of porttarragona.cat.

5. APT’s distinctive signs (brands, trade names) are protected by industrial property rights, and the use or manipulation of any of these is prohibited, except with express written authorization from APT.

DURATION AND TERMINATION

The provision of the portal service and other services has, in principle, an indefinite duration. APT, however, is authorized to terminate or suspend the provision of the portal service and / or any of the services at any time, without prejudice to what has been provided in the corresponding particular conditions. When reasonably possible, APT will previously warn of the termination or suspension of the provision of the Portal service and other services.