It is important that you read these Terms of Use carefully as they govern your use of this website https://thefestivalofconsciousness.org (the “Website“). By using this Website, you accept these terms and agree to comply with and accept these terms of use. If you do not wish to accept these terms, please do not visit or use the Website

1. Introduction

The Website has been created and is managed by Asociació ConsFest (hereinafter, the “Association” or “We”), a non-profit organization, with registered office in Barcelona, Passeig del Taulat 258, number 18-4 (08019), with tax identification number G-05312962 and duly registered in the Register of Associations of the Generalitat de Catalunya under number 69169. 

These Terms of Use apply to and govern your use and enjoyment of the Website. By accepting them, you acknowledge that you have read and agree to the contents of these Terms of Use. If you do not agree with them, we recommend that you do not use the Website.

The Association reserves the right to update and modify these Terms of Use, at any time and without prior notice, by posting such updates and/or changes as may be necessary or appropriate on the Website itself. To this end, we recommend that you check and review these Terms of Use at each time you access the Website. In the event that you do not accept such modifications, you must stop using the Website.

2. Terms of use 

You agree to use the Website, including all tools, widgets, chats, etc., in accordance with the law and the provisions of this Agreement.

The User undertakes to refrain from using the Website for purposes or effects that are unlawful or contrary to the provisions of these Terms of Use. In particular, and by way of example but without limitation, the User undertakes not to collect data for advertising purposes, not to send any online advertising or chain messages and not to transmit, disseminate or make available to third parties through the Website, information, messages, expressions or words, graphics, sound or image files, photographs, recordings, software and in general any kind of material, data or content that, without being exhaustive, incurs any of the following:

1. Incur in illicit activities (including, among others, the infringement of intellectual and/or industrial property rights), illegal or contrary to good faith and public order.
2. In any way contravene, undermine or infringe fundamental rights and public freedoms recognized in the Constitution or in international treaties and in the rest of the legal system.
3. Induce, incite or promote criminal, denigratory, defamatory or violent actions.
4. Induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs or age.
5. Incorporate criminal, violent or degrading messages.
6. Induce or incite to engage in practices that are dangerous, risky or harmful to health and psychological balance.
7. Are false, ambiguous, inaccurate, exaggerated or untimely, in such a way as to be misleading as to their subject matter or as to the intentions or purposes of the communicator.
8. Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he/she is making or intends to make.
9. Violate the trade secrets of third parties.
10. Are contrary to the right to honour, to personal and family privacy or to one’s own image.
11. Infringe the regulations on secrecy of communications.
12. Cause, due to their characteristics (such as format, length, etc.), difficulties in the normal operation of the services.

In the event that the User carries out any of the above activities contrary to the law or this Agreement, the Association reserves the right to exclude the User from using the Website, without prior notice, as well as to take any legal action it deems appropriate.

In the event that another User or third party receives or has received unsolicited messages and/or messages with illicit content, please inform the Association immediately by sending a message to the following e-mail address: communication[at]thefestivalofconsciousness.org

Failure to comply with this Agreement may result in the blocking of the User’s account, as well as the deletion of the User’s account and the adoption of legal or security measures. 

The Association reserves the right, at any time, to decide on the continuity of the service provided through the Website.

3. Registration, profile and user account

As a general rule, access to and browsing through the Website does not require prior registration by the User. However, access and enjoyment of some content and services offered through the Website are subject, depending on each specific case, to registration, prior contracting and/or payment of an amount, which will be specified under the Terms and Conditions accessible at the following link.

To access the viewing, use and/or contracting of certain services, the User may be required to register by creating a personal and individual profile through the Website by means of an identifier and password, which must be personal and non-transferable. The password and identifier will be generated by the User in accordance with the rules of robustness and complexity determined from time to time by the Association. The User may change his/her password whenever he/she deems it appropriate by accessing his/her profile through the Website.

The User undertakes to make diligent use of his/her password, to keep it secret and not to transmit it to third parties or to the Association itself. Users shall be solely responsible for the correct custody of their password and its lawful use, exempting the Association from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

By virtue of the above, it is the User’s obligation to immediately notify the Website managers of any event that allows the improper use of the identifiers and/or passwords, such as theft, loss or unauthorized access to them, in order to proceed to their immediate cancellation.

Registration on the Website by minors is prohibited, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the minors in their care, in accordance with current regulations. In any case, it will be presumed that access by a minor to the Website has been made with the prior and express authorization of their parents, guardians or legal representatives. 

Use of the account must be in accordance with this Agreement. The User’s account is personal and access data is considered strictly confidential information, and You are fully responsible for the activity carried out on the account. Therefore, the User shall be solely responsible for any damages that may be caused as a result of the use of the Account, regardless of whether the Account is being used by a third party. 

The User is and will be solely responsible and liable for keeping the information provided and included in the Account updated at all times. 

The User acknowledges and agrees that the Association may cancel or terminate the Account or suspend the Account for the purpose of protecting the User, the Association or any other user or third party as a result of impersonation or fraudulent access to the Account.

4. Website information

The Association does not warrant that the information, software, products and services on this Website are accurate, up to date and complete, or that the Website will operate uninterrupted and/or error-free. 

The Website and the services are offered as they have been developed (“as is“) and in the form in which they are available from time to time (“as-available“). The Association makes every effort to ensure the reliability, usefulness or accuracy of the services or information provided through the Website. However, the Association, on occasion, may not be able to guarantee the aforementioned aspects at all times, for which it shall not be held responsible.

The Association declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.

The Association reserves the right to modify the content of the Website at any time. 

5. Links to other websites  

On the Website, the User may find links to other websites through different buttons, links, banners, etc., which are managed by third parties, without the Association having any control over their content. 

The Association has neither the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other websites to which links are established from the Website. Consequently, the Association assumes no responsibility whatsoever for any aspect related to the website to which a link is established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

The Association is not responsible for the content of these links, nor does it place itself in a position of guarantor and/or provider of the products or services and/or information that may be offered through these links.

The establishment of hyperlinks does not imply in any case the existence of a relationship between the Association and the owner of the websites in question, nor does it imply knowledge, acceptance or approval by the Association of their contents and/or services. 

Links from other websites to the Website must be complete and automatically direct (with a single click) to the home page of the Website. The Association does not authorize the establishment of a direct link to the Website from those web pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene morality, public order or generally accepted social norms and/or that contravene the social interest of the Association and any of its purposes.

The Association does not guarantee the legality, reliability and usefulness of the services provided by third parties through this site or those for which the Association acts only as a mere advertising channel.

6. Exemption of the Association from liability

Under no circumstances does access to the Website imply any obligation on the part of the Association to check for the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

The Association shall not be liable for any damage caused to the software and/or computer equipment of the User or third parties while browsing the Website. To this effect, the Association shall not be liable for, among others, but not limited to, the following types of loss or damage occurring under this Agreement:

1. Data loss or damage; 
2. Loss or damage not directly caused by breach of this Agreement;
3. Losses or damages resulting from a breach by the User of the Terms of Use or resulting from misuse by the User of the Website, including unauthorized access by third parties that are not the responsibility of the Association; 
4. Loss or damage resulting from viruses caused by third parties;
5. Failure of communication services over which we have no control;
6. Losses or damages resulting from events of force majeure or beyond the control of the Association, even in the event that, as a result of such events, the Association has decided to cancel, suspend or delay the Festival;
7. Loss of profits, goodwill, business, contracts, revenue or anticipated savings, even if we have been advised of the possibility of such damages;
8. Damage to equipment due to possible computer viruses contracted by browsing through the Website; or
9. Errors in the server as a result of a software failure or any other, lack of connection or malfunction of the Website.

The Association shall not be liable for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the service and the Website during or prior to the provision of the same.

Likewise, the User accepts and acknowledges that the Association does not guarantee the identity of Users and shall not be liable under any circumstances to other Users or third parties for any fraud related to the identity of Users registered through the Website. In this sense, the Association is not responsible for the comments, opinions, reviews, contents of chats and/or forums issued by Users through the Website.

7. Industrial and intellectual property rights 

The Association is the exclusive owner (or licensee, as the case may be) of the Website, including the texts, graphics, images, materials, data and, in general, all creations expressed by any means or support, tangible or intangible, currently known or to be invented in the future.

All contents of the Website – including trade names, logos, trademarks, software, service marks, trade dress, Internet domain names, copyrights, patents, trade secrets, know-how and proprietary technology – are protected by intellectual property laws.

The provision of services through the Website does not entail the cession, waiver or transfer, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights. Under no circumstances shall it be understood that access and/or browsing through the Website and/or contracting of services by the Association implies a waiver, transfer, license or total or partial assignment of rights by the Association.

The User undertakes not to infringe the intellectual property rights of the Association or of any third party with whom it contracts or whose audiovisual works are being exploited on the Website. Likewise, the User undertakes not to circumvent the technological protection measures used by the Association on the Service and on the Website, which he/she undertakes to respect at all times.

The reproduction, distribution, transmission, copying, public communication or transformation, in whole or in part, of the Website without the express consent of the Association by any system or method and through any medium currently known or to be developed in the future, as well as any other unauthorized use of the Website, including reverse engineering, decomposition or any other method or procedure aimed at obtaining the source code or any part thereof of the Website, the services or any software or material provided by the Association, is prohibited.

You further agree (i) to immediately notify the Association of any infringement of our intellectual property by any third party; and (ii) not to circumvent, remove, alter, disable, degrade or defeat any of the protections of the content of the Website; use any robot, spider, scraper or other automated means to access the Website; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; insert any code or product or manipulate the content of the Website in any way; or use any method or process accessible through the Website; insert any code or product or manipulate the content of the Website in any way; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; insert any code or product or manipulate the content of the Website in any way; or use any data mining, data gathering or extraction methods. You further agree (iii) not to upload, post, email or otherwise transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website, including any viruses or any other computer code, files or programs.

8. Protection of personal data

The Association is subject to the data protection regulations in force in Spain. Specifically, the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”) and 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 on the free movement of such data and repealing Directive 95/46/EC (“GDPR”), and/or any other applicable data protection regulations apply to it. 

You can consult how your personal data will be treated by accessing the Privacy Policy of the Website, which is available from this link.

9. Reporting of inappropriate or unlawful activities

The Association shall process the complaints submitted by Users as immediately as possible within the means at its disposal and shall do its best to resolve the complaint as soon as possible. The User accepts that the Association may communicate with him/her by e-mail. 

In the event that the User, or any other Internet user, should become aware that the linked sites refer to pages whose contents or services are inappropriate or illicit, harmful, denigrating, violent or contrary to morality, he/she may contact the Association indicating the following:

1. Personal data of the person who communicates it: name, address, telephone, e-mail;
2. Description of the facts that reveal the illegal or inappropriate nature of the linked site;
3. In the case of infringement of intellectual or industrial property rights, the personal data of the holder of the infringed right, in the case of a person other than the informant. Likewise, the title accrediting the legitimacy of the holder of the rights and, where appropriate, that of representation to act on behalf of the holder when it is a person other than the informant, must be attached; and
4. Express declaration that the information provided in the complaint is accurate. The receipt of the communication by the Association will not imply, according to the provisions of Law 34/2002, of July 11, 2002, on services of the information society and electronic commerce, the effective knowledge of the activities and/or contents indicated by the informant.

 

10. Contact