General Conditions
Identification Data
In compliance with the obligation of information contained in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following information is provided: The company that owns this website (hereinafter, the Site) is Discernin, with registered office at Avenida de Francia, 44, entresuelo, 46023 Valencia (Spain).
Purpose
These are the general conditions (hereinafter “General Conditions”) that regulate access, navigation, and use of the web portal “Discernin.com” (hereinafter, “Website”) and the responsibilities arising from the use of all its content. Additionally, Discernin may establish specific conditions that regulate access and/or contracting of specific services offered to users of the Website. These specific services will be subject to their specific conditions, which can be accessed at the URL of said service.
Therefore, before using and/or contracting these specific services provided by Discernin, the User must carefully read the corresponding specific conditions created for this purpose by Discernin. The use and/or contracting of these specific services implies acceptance of the specific conditions that regulate them in the version published by Discernin at the time of such use and/or contracting.
Users
For these purposes, the user shall be understood to be the person who accesses, browses, or uses the Website. Access, browsing, and/or use of the Discernin Website implies the user’s acceptance of these General Conditions. Therefore, the user must carefully read these General Conditions.
Use of the web portal
The Discernin Website provides access to a multitude of information, content, services, programs, or data (hereinafter, “the Content”) on the Internet belonging to Discernin, its assignors, or licensors. The user assumes responsibility for the use of the Website. This responsibility extends to the registration required to access certain services or content. In such registration, the user will be responsible for providing truthful and lawful information. As a result of this registration, the user may be provided with a password for which they will be solely responsible, and they undertake to use it diligently and confidentially. The user undertakes to make appropriate use of the Content, as well as certain services (such as chat services, discussion forums or newsgroups, subscriptions, etc.), that Discernin offers through its Website and, by way of example but not limited to, not to use them to (i) engage in illicit or illegal activities or those contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, illegal pornographic nature, in support of terrorism, or violation of human rights; (iii) cause damage to the physical and logical systems of Discernin, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. Discernin reserves the right to remove any comments and contributions that violate respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, public order or security, or that, in its opinion, are not suitable for publication. In any case, Discernin will not be responsible for the opinions expressed by users through forums, chats, or other participation tools; Without prejudice to this, it will adopt appropriate measures to detect and address complaints regarding possible illegal activities by them, and expressly reserves the right to interrupt, at any time and without prior notice, temporarily or permanently, the participation service offered to any user whose content may be considered illegal, prohibited, or simply inappropriate; all by the participation procedure and rules accessible at Discernin.com.
Intellectual and industrial property
Discernin, author of the collective work or other works and services, is the owner, originally or derivatively, of all intellectual and industrial property rights of the Website, as well as of the elements comprising the Content (including, but not limited to, images, sound, audio, video, software, or text; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.). All rights are expressly reserved. Discernin expressly reserves the right to reproduce and use the works and other services accessible from this website using machine-readable media or other means appropriate for this purpose, by Article 67.3 of Royal Decree-Law 24/2021, of November 2, as well as to any use of its contents by artificial intelligence technologies, regardless of their nature. Under the provisions of the Intellectual Property Law, the reproduction, transformation, distribution, and public communication, including the making available of all or part of the Content, is expressly prohibited, regardless of the purpose and the medium or support used, without the authorization of Discernin. The user undertakes to respect the intellectual and industrial property rights owned by Discernin. The user may view the elements of the Website provided that this is solely and exclusively for personal and private use. Under no circumstances shall the user’s access and browsing imply a waiver, transfer, license, or total or partial assignment of said rights by Discernin. If you are interested in an authorization or license to use the contents of the Website in any way, please use our contact form. Likewise, the user must refrain from deleting, altering, circumventing, or manipulating any protection device or security system installed on the Discernin Website. It is the user’s obligation to immediately notify Discernin of any event that may lead to the misuse of their IDs and/or passwords, such as theft, loss, or unauthorized access so that they can be immediately canceled. Until such events are reported, Discernin will be exempt from any liability that may arise from the misuse of the IDs or passwords by unauthorized third parties. Discernin reserves the right to immediately terminate the registered user if it deems, at its sole discretion, that the Registered User is engaging in any activity that constitutes or may constitute a breach of these General Conditions.
Exclusion of warranties and liability
Discernin shall not be liable, under any circumstances, for damages of any kind that may be caused by, but not limited to: errors or omissions in the content, unavailability of the portal, or the transmission of viruses or malicious or harmful programs in the Content, despite having adopted all necessary technological measures to prevent such occurrences.
Modifications
Discernin reserves the right to make any modifications it deems appropriate to the Website without prior notice, including the right to change, delete, or add content and services provided through the Website, as well as how they are presented or located on the Website.
Links
If the Website contains links or hyperlinks to other Internet sites, Discernin will not exercise any control over said sites and content. Under no circumstances will Discernin assume any responsibility for the content of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity, or constitutionality of any material or information contained in any of said hyperlinks or other Internet sites. Likewise, the inclusion of these external links will not imply any type of association, merger, or participation with the connected entities. Notwithstanding the foregoing, some links may be pre-negotiated or agreed upon with the person responsible for the linked content, thereby generating compensation for the actions freely performed by the user. This situation will not, under any circumstances, affect the exclusion of liability for the linked content or the independence of this media outlet.
Advertising and other content or services
Through the Website, Discernin enables spaces for third parties to advertise their products or services. In these cases, the third-party owner of the advertised product or service will be responsible for the advertising content; Discernin will not be responsible for the content or message conveyed by such advertising. Likewise, through the Website, Discernin may enable third parties to advertise or provide their services. In these cases, Discernin will not be responsible for establishing the general and specific conditions to be taken into account when using, providing, or contracting these services by third parties and, therefore, cannot be held liable for them.
User-generated content
If the user submits content of any kind to the Website, including, but not limited to, still photographs, videos, text, information, databases, sound recordings, or any other works or services, the user guarantees and agrees that the use thereof by these General Conditions does not infringe any intellectual or industrial property rights, image rights, honor or privacy rights, confidentiality obligations, trade secrets, or any other third party rights. If such content contains images that directly or indirectly identify third parties, the user guarantees that the person or persons are of legal age and have expressly and unequivocally consented to the capture of their image, as well as its reproduction and public dissemination. If the person whose image is reproduced is a minor, the user guarantees that they have obtained the express and unequivocal consent for the capture, reproduction, and public dissemination of the image from the minor’s legal guardian or legal guardian, and may certify this at any time if required. The user will hold Discernin harmless concerning the content contained in this section. Furthermore, the user grants Discernin a non-exclusive license to use this content for use on the Website, until it enters the public domain and for the entire world. The news contained on this Website may contain personal data of newsworthy individuals due to their public relevance, their public notoriety, or due to circumstances arising from events of public interest in which they are involved.
Discernin reserves the right to decide on the dissemination or publication of the Generated Content.
Exclusion rights
Discernin reserves the right to deny or withdraw access to its Site and/or the services offered without prior notice, at its request or that of a third party, to any users who breach these General Conditions.
General
Discernin will pursue any breach of these General Conditions, as well as any improper use of the Content and/or Website, by exercising all civil and criminal actions that may apply to it by law.
Modifications to these conditions and duration
Discernin may modify the General Conditions at any time, and they will be duly published as they appear here. The validity of the General Conditions will depend on their exposition and will remain in effect until modified by other duly published ones.
Jurisdiction
The relationship established between Discernin and the User will be governed by the provisions of current regulations regarding applicable law and competent jurisdiction. However, in cases where the regulations provide for the parties to submit to a jurisdiction, Discernin, and the User, expressly waiving any other jurisdiction that may apply, submit to the Courts and Tribunals of the city of Valencia.
