IT INFOTEC ROBOTICS, S.L.
Elche Parque Industrial
C/. Nicolás Copérnico nº 5
03203 Elche (Alicante) – Spain
The web page herein is within the legal framework of the legal system in force, specially based on Act 34/2002 of July 11th, of the Services of the Information and Electronic Commerce Society, as well as on the Royal Decree 281/2003, of March 7th, through which the Regulation of the Intellectual Property General Registry is approved.
The passing of Act 34/2002 of the Services of the Information and Electronic Commerce Society (LSSI-CE) has established a stricter legal framework for the companies that own a web page on the internet. The penalties for noncompliance of the LSSI-CE can amount to up to six hundred thousand Euros; therefore, we can notice the importance of said regulation and the strict compliance that must be adopted towards it.
The aforementioned Act has the purpose of incorporating directive 2000/31/CE of the European Parliament and of the Counsel, of June 8th, to the Spanish legal system, regarding specific aspects of the services of the information society, and especially, to the electronic commerce onshore. The introduction of the internet in the daily life, and especially in the business and economic world, offers many advantages, but at the same time, the introduction of new technologies stumbles with legal uncertainties which are necessary to clarify with the creation of an adequate legal framework.
The law foresees the registration of the internet domain name corresponding to the service provider with the public registry that, in that case, the aforementioned provider has indicated for the acquisition of legal entity, or for the purpose of publicity, in order to guarantee that the relationship with the provider, its physical establishment and its online establishment or location provided by the internet address, is easily accessed by the citizens and the public administration.
The Law establishes an accumulation of obligations and responsibilities of the service providers that perform intermediation activities such as transference, copy, and data localization in the Net. In this sense, the law highlights the protection of the interests of the service recipients, in such a way that they are entitled to the sufficient guarantees at the time of hiring a service or through the internet. Thus, the service providers have the obligation of facilitating the Access to your identification data to all the people visiting your website, the obligation of informing the recipients about the prices applied to your services and the obligation of allowing them to see, print and archive the general conditions the contract is subject to.
Another important aspect of this Act is the execution of the agreements entered into by electronic means, by stating that the express declaration of consent is not necessary for the agreement to have legal effects for the parties; therefore, the agreements executed by electronic means have the same level than those entered into in paper. These regulations on the aspects of electronic hiring shall be applicable even when none of the parties have the condition or the recipient of the services of the information society.
Directives 2000/31/CE y 98/27/CE regulate the termination action which can be exercised to terminate the performance of activities against the Act herein that infringe the interests of the consumers and users. In order to execute this action, in addition to the provisions of this Act, what is established in the General Act of the incorporation of Directive 98/27/CE must also be considered. In addition, the Law contemplates a series of rules aimed at making effective the access of people with disabilities to the information provided by electronic means and, especially, to the information provided by the Public Administration, commitment which the resolution of the European Union Board of March 25, 2002 makes reference to, regarding access to the public web pages and their content.
On the other hand, regarding Royal Decree 281/2003 of March 7th, it approves the regulation of the General Registry of Intellectual Property, which has two main purposes: the first is to include in the Regulation the amendments introduced in the ordinary administrative proceeding. The second is to adapt the registry model to the current development level of the information technologies.
Among the news presented by the new Regulation, which supersedes regulation 733/1993, it highlights the possibility of registering the web pages and other multimedia as such in the Register, like a group of separated elements, each one of them susceptible to being covered by one of the categories established in articles 10, 12 and 13 of the Consolidates text of the 1996 Intellectual Property Act (TLRPI) and, therefore, subject to separate registry.
In fact, Royal Decree 733/1993 in its article 7, organized the documents and the information support registered in the Registry into Sections, each one of them corresponding as a work described in the TRLPI. Thus, for example, a web page including text and photographs would be registered as follows:
The text would be registered as a literary work (art. 10.1.a. TRLPI) in Section I of the Registry (art. 7.2.a. RD 733/1993).
The photographs, on the other hand, would be registered as such (art. 10.1.h TRLPI) in Section XI of the Registry (art. 7.2.k. RD 733/1993), although thev could be submitted in the request.
The source code, as a software programme (art. 95 and subsequent TRLPI).
A web page is usually composed of pre-existing elements and new creations. To use of pre-existing elements, it is necessary to ask their owner for authorization. The problem arises regarding the original elements of new creations.
A web page is a highly dynamic information and content transmission tool, that precisely exploits the capacity to include in a simple framework, a great amount of information accessible by many means.
The plurality of contents and the fast capacity of information change included in the web page, is precisely one of the reasons of the success of the internet. But, however, the legislation on intellectual property has been unable to offer a professional serious legal framework so far, of the intellectual property of the content of web pages.
The registration provisions of the land Registry of Intellectual Property of the Community of Madrid, for example, clearly state that in the protection of a web page, the object of protection of the intellectual property legislation, are the different original texts, sound or images creations, or of any other kind, incorporated into the web page and that, in addition, the register protection shall only cover, in its case, the creations the ideal model of which has been submitted along with the request of registration before the Registry, and not the modifications that could be made afterwards; which entails that, since a web page is essentially a dynamic tool where the contents can potentially change, each of the contents should be registered every time they change; thus, the registration would be absolutely impossible.
Therefore, it was absolutely necessary to establish a legal framework approved and individualized of the web pages, which it seems, that with the new regulation they already have a separate mention as a type of specific work, and they shall be able to be registered as unit in the Intellectual Property Registry.
General Conditions of Use
The following are the General Conditions of Use of the company IT INFOTEC ROBOTICS’s web page, which can be accessed by the main address www.it-robotics.com.
The existence of the General Conditions of Use herein, does not exclude the existence of other provisions or access conditions to the different sections composing IT INFOTEC ROBOTICS’s web page.
The web page herein is property of the Company IT INFOTEC ROBOTICS, the date of which can be checked in the contact file accessible from the Home page of the web page.
1. Acceptance of the conditions of use
The users shall read the General Conditions of Use of the web page herein. The use or access to this site implies the knowledge and full acceptance of the legal warnings and conditions specified hereunder.
In addition, the use of specific services available for the users of this official site can be subject to special conditions, warnings or instructions which shall also be consulted and accepted by the aforementioned users without reserves.
2. Conditions of access
2.1. Gratuity of access
The use of the official web page of IT INFOTEC ROBOTICS is gratuitous. However, hiring some of the services offered in the page can be currently or in the future, conditioned to the payment of a price, which shall be conveniently indicated.
2.2. Truth of the user’s information.
The User guarantees the truth and authenticity of the information and data communicated, in compliance with the requests and subscription forms that, in its case, are required to access specific services. In this sense, it shall be the obligation of the user to keep the information updated in a way they correspond to the reality in every moment. The user shall be liable for any false or inaccurate statement occurring as a result of the information and data expressed, as well as for the prejudices that such information could give raise to.
3. Conditions of Use
The use of the official site of IT INFOTEC ROBOTICS shall comply with the content of these General Conditions, to any applicable legal provisions, and to the demands of moral and generally accepted good practices.
IT INFOTEC ROBOTICS reserves the unilateral right to deny access to this website to those users who do not comply with the General Conditions of Use herein.
4.Industrial and Intellectual Property
4.1 Industrial Property
The name IT- ROBOTICS as well as other distinctive signs (names, graphics and graphic-names) which also appear in this web, are protected by virtue of the regulations in force on industrial property. IT INFOTEC ROBOTICS has the exclusive right to use them in the commercial traffic. Therefore, third parties without express authorization are forbidden to make use of it.
The eventual presence that could exist in this web page of distinctive signs of ownership, other than the one indicated in the above mentioned paragraph, take place without commercial purposes and with the authorization of the legitimate owners, always with due respect to their exclusive right.
4.2.1 The contents, text, photographs, designs, logos, images, sounds, videos, animations, recordings, software programmes, source codes, and, in general, an intellectual creation existing in this official site as well as the own site as a whole, as a multimedia art work, are protected as copyright by the legislation on Intellectual Property, following the above mentioned regulation.
4.2.2 In compliance with the aforementioned, the exclusive rights of production, distribution, public communication and transformation, belong to IT INFOTEC ROBOTICS, as well as any other right of patrimonial nature, on the elements mentioned in the previous paragraph; all of the above without prejudice to the moral right corresponding to their authors.
4.3 Reservation of civil actions
The user of this web site undertakes to abide by the aforementioned rights and to avoid any action that could undermine them. The non-compliance of what is established in this section and, in general, any infringement of the pacific possession and ownership of the aforementioned exclusive rights, shall be punished by the means the legislation, both Spanish and international, foresee.
In this sense, IT INFOTEC ROBOTICS makes express reservation of the exercise of as many actions, both civil and criminal, covering their legitimate rights of Intellectual and industrial Property.
5. Personal use
The user is expressly authorized by IT INFOTEC ROBOTICS to see, print, reproduce or archive, in any way, in their hard drive or any other physical support, any content or asset covered or not by an exclusive right present in this web page, as long as it is performed for personal and private purposes of the user, without business purpose of distribution or disclosure online, and without modifying, altering or decompiling the aforementioned contents. This faculty of personal use is understood as performed as long as the copyright and industrial property warnings described herein are respected, and it does not entail he granting of any license to the user whatsoever.
Any other use shall require the express and written authorization of IT INFOTEC ROBOTICS. In accordance with what has been mentioned above, the unauthorized use of the industrial and intellectual property belonging to the Company IT INFOTEC ROBOTICS and those related to them or included in this web site, as well as any violation of the pacific possession and ownership of the above mentioned rights shall be prosecuted with all the means that both, the Spanish and International legislation foresee.
6. Exemption from liability.
6.1. Due to the contents
6.1.1. Information: the information, both own and from third parties, that is included in the IT INFOTEC ROBOTICS’s web site, shall be provided as they appear, without any type of guarantees regarding their accuracy and updating. As a result, IT INFOTEC ROBOTICS is not liable for the possible prejudices that could arise from their use.
6.1.2. Modification of contents: The information, presentation and the services offered in this web site can be subject to periodic or specific changes, susceptible of being carried out freely by IT INFOTEC ROBOTICS without the latter being forced to communicate them to the users.
6.2. For the operation of the web site:
6.2.1. Privacy: IT INFOTEC ROBOTICS does not guarantee absolute privacy in the use of this web site, since the possibility of unauthorized third parties that can be aware of it and of the circumstances in which it is performed, cannot be discarded.
6.2.2. Virus: IT INFOTEC ROBOTICS does not accept any liability for the possible damages caused by computer viruses, the absence of which cannot be guaranteed.
6.2.3. Technical dysfunction: The Company IT INFOTEC ROBOTICS is exempted from any liability deriving from the malfunctioning of the site or of any of its services that are originated in an accidental circumstance, of force majeure, necessary maintenance works or any other cause not attributable to it.
7. Applicable jurisdiction Act
The General Conditions of Use are governed by the Spanish laws. Any dispute regarding IT INFOTEC ROBOTICS’s web site shall be solved before the Spanish jurisdiction, and the parties shall be subject to the Courts of the city of Elche, with express waiver of any other jurisdiction if they had it and it was different from the above mentioned.