Legal notice | Fundació Gala

Legal Notice or General Conditions of Use of the Website

This text contains the Legal Notice (hereinafter, also called "the General Conditions" or "General Conditions of Use") governing the usage made of the webpages www.salvador-dali.org, www.salvadordali.cat, www.dali-estate.org, as well as of any subdomains that might exist (hereinafter, the "webpage" or "website") that the Fundació Gala-Salvador Dalí (hereinafter, "the Foundation") places at your disposal as a user (hereinafter, "the User").

Utilisation of the Website involves the User accepting without any reservation all the General Conditions of Use of Website in force at any time the User accesses it, for which reason we request that you read them attentively and refrain from accessing the Website if you do not accept any of the conditions laid down.

In certain cases, utilisation of the spaces or services contained on this Website may be subject to special conditions of utilisation, whose particular Conditions of Use may be shown on the presentation pages thereof. Please read the conditions carefully. The utilisation of such services signifies acceptance of the special conditions applicable to them.

The Foundation reserves the right to alter at any time and without prior notice all or any of these General Conditions of Use as well as any other General Conditions or Special Conditions, on the understanding that publication on www.salvador-dali.org shall serve as notification. The Foundation likewise reserves the right to suspend, interrupt or cease to operate on the Website at any time. It is accordingly advisable each time you access the Website to check the conditions in force at any particular time.

For the purposes of these General Conditions, the following terms and expressions shall have the meaning stated below:

"User". User shall be taken to mean any person who anonymously accesses the Website www.salvador-dali.org or persons who provide their personal data to the Foundation using the contact forms provided for the purpose.
"Content". All the information, activities, sundry products and services of the Foundation or of third parties that are offered via the Website www.salvador-dali.org.
"Cookies". Set of characters saved on the hard disc or in the temporary memory of Users' computers when they access the pages of certain websites.

1. OWNERSHIP OF THE WEBSITE

This Website is the property of the Fundació Gala-Salvador Dalí, with registered office at Torre Galatea, Pujada del Castell 28, Figueres, and tax identification number G 17/077694.

The Foundation is entered in the Registry of Foundations of the Ministry of Culture.

The User can contact the Foundation on the following numbers and at the following address:

Torre Galatea, Pujada del Castell 28, 17600 Figueres
Telephone: 34-972 67 75 05
Fax: 34- 972 50 16 66
Electronic mail: comunicacio(ELIMINAR)@fundaciodali.org
www.salvador-dali.org · www.salvadordali.cat · www.dali-estate.org

2. SERVICE PROVIDED

2.1. The Service

The Service offered by the Foundation through this Website is a service aimed at providing Users with access free of charge to various items of content and information about the activities and services carried out by the Foundation to promote, foster, disseminate, lend prestige, protect and defend the artistic, cultural and intellectual work of the Spanish painter Salvador Dalí Domènech, his assets and rights of any nature, his life experience, his thought, his projects and ideas, his artistic, intellectual and cultural works, his memory and an overall recognition of his inspired contribution to the fine arts, to culture and to contemporary thought.

In addition to the aforesaid free information service about the work of Salvador Dalí, the User may through this Website:

- Become a member of "Friends of the Dalí Museums".
- Request expert appraisals of works, so that the Authorising and Cataloguing Committee can analyse paintings and drawings in order to determine their authenticity (i.e. guarantee that they are in fact works by Salvador Dalí) and market value.
- Catalogue raisonné. Using the contact form provided in this section of the Website, the User can provide information about ownership of the works of Salvador Dalí shown on this Website. The owner may identify himself/herself or choose to remain anonymous.
- Submit your CV so that you can be included in job selection processes or for practicals at the Foundation, and
- Access and, if applicable, sign up for the various products or services that are at any time offered or provided by the Foundation through this Website, such as booking and/or sale of tickets to the Museums, applying to undertake filming or photographic reports, or purchase of photographic materials and assignment of reproduction rights.

2.2. Third-party content, advertising and links

Through this Website, the User can also gain access to information from third parties, basically relating to various cultural activities and services.

Third-party content: The Foundation does not vouch for or accept responsibility for the truthfulness, reliability, integrity or legality of any advertisements, opinions, offers, proposals, products, goods, services, data or other information shown or distributed through the Website but lying beyond the control of the Foundation. The User recognises and accepts that the Foundation declines responsibility for Content from third parties shown on or distributed through the Website. The Foundation has the right, but not the obligation and at its free will to correct errors in or omissions from any part of the Website, to show specific information in order to comply with certain laws, and to edit, alter, reject or remove any Content, wholly or partially, from the Website.
Advertising: The transactions of the User with Third-Party Advertisers found on or through the Website are solely and exclusively between the User and the Advertisers. The User recognises and accepts that the Foundation shall not be responsible for the damages and injury of any kind that result from the transactions or information of third-party Advertisers on the Website, such actions being beyond the control of the Foundation and at the free disposal of the Advertiser and the User.
Links: The user may find on this Website links to other websites run by third parties. The establishment of any connections, links, redirections or associations ("links") to other web pages (www) enabled from the Website (i) does not imply that there exists any type of relation, collaboration or dependence of any kind between the Foundation and the party in charge of the outside website, and (ii) does not involve any warranty from the Foundation to the User.

As a result, and since the User may find on this Website information from third parties, then unless the Foundation expressly states otherwise the Foundation is not party to nor involved in or responsible for transactions, agreements, contracts or disputes between the Users and the respective seller of the product or provider of the service. In the event of disputes, the User releases the Foundation and its agents and employees from any litigation, claims or liabilities of any kind related with or arising from such transactions, agreements, contracts or disputes.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

The User recognises and accepts that all the intellectual and industrial property rights over the Content and/or any other features placed on the Website (including, merely by way of non-restrictive illustration, trade marks, trade names, logotypes, texts, images, videos, graphics, etc.) belong to the Foundation and/or to third parties.

Access to this Website under no circumstances means acquisition by Users of any property right over the Content included therein. Without the express consent of the Foundation, the User may not alter, rent, provide, sell, copy, reproduce, transfer, distribute or create works deriving from or based upon the Website or upon its content. The User may not connect this Website to another Website, nor resell or redistribute any part of the Website, nor provide third parties with access to the Website.

4. PRIVACY AND DATA PROTECTION POLICY

Introduction: Via the information that we provide you with below, the FUNDACIÓ GALA-SALVADOR DALÍ (the Foundation) would like to acquaint you with the privacy policy applied regarding your personal data.

Compliance with the personal data protection regulations: FUNDACIÓ GALA-SALVADOR DALÍ complies with all the requirements laid down under current regulations on personal data protection; all such data under our responsibility are processed in accordance with the legal requirements.

Security measures: appropriate security measures, both technical and organisational, will be taken in relation with the data you provide us with, in order to ensure their confidentiality.

Purposes: we inform you that the personal data you provide us with and any that might be obtained from your relationship with us will be incorporated into a file or files kept under the responsibility of FUNDACIÓ GALA-SALVADOR DALÍ, which file(s) will be devoted mainly to the following purposes:

General administration, maintenance, fulfilment, development, monitoring and management of your relationship with us and of any service we might offer.
Contact: in order to be able to manage your contact with us, requests or queries you might put to us, including (without limitation) requests for images of works and photos of Dalí, applications for guided educational visits, etc.
Marketing and informing about the activities, artistic and/or cultural products and/or services of the Foundation or of third parties such as Distribucions d´Art Surrealista by any means, including electronic mail or similar. If you do not wish to receive such marketing information, please mark the box for rejecting the sending of informative notices.
Becoming a member of the Friends of the Dalí Museums association.
Requesting expert appraisals of work, so that the Authorising and Cataloguing Committee can examine paintings and drawings in order to determine their authenticity (i.e. guarantee that the work is by Salvador Dalí) and their market value.
Catalogue raisonné. Via the contact form set up in this section of the website, the user can supply information about ownership of the works by Salvador Dalí so that it can be posted on this website. The owner may provide his/her identity or may choose to remain anonymous.
Sending his/her CV in order to be included in the recruitment processes for jobs or for practicals undertaken at the Foundation, for which his/her candidature will only be held open for a maximum period of two years, so that his/her application may be taken into account in the various selection processes.
Accessing or, where applicable, contracting the various products or services offered or provided from time to time by the Foundation through this website, such as reservations and/or sales of tickets to the Museums, application for filming and photographic reports, or purchases of photographic materials and cession of reproduction rights.
Social networks: we inform you that we are present on social networks. The data processing that is carried out concerning persons who become followers (and/or who implement any link or connection action through the social networks) of the official pages of the Foundation on such social networks shall be governed by this section, the Legal Notice of the Foundation website, as well as by the Conditions of Use, privacy policies and other regulations on access, usage and the like pertaining to the corresponding social network. The Foundation shall process such data for the purposes of correctly administering its presence on the social network in question, informing about activities, products or services of the Foundation or those of third parties who may be related with our work, and for any other purpose that may be permitted under the regulations of the social networks.
Register: managing your registration, access to and use of the private part of the website.
We inform you that your personal data will not be segmented.
We likewise inform you that your data may be referred to third parties in order to comply with any legal and/or contractual obligations that might exist.

If you have provided us with the personal data of a third person, you must, prior thereto, have informed that person and requested his/her consent to the points set out herein.

Cookies: our webpage does not contain any hyperlinks that allow your data to be communicated to other webpages. In relation to cookies, we refer you to the content of the section: Cookies policy.

Rights of affected parties: where necessary, you may exercise your rights of access, rectification, cancellation and opposition, by sending a letter with enclosed copy of an official identity document to FUNDACIÓ GALA-SALVADOR DALÍ, with address at Torre Galatea, Pujada del Castell, 28, 17600, Figueres, or by sending an email to comunicacio@fundaciodali.org, stating on the envelope or on the email subject-line: "FUNDACIÓ GALA-SALVADOR DALÍ Privacy Policy".

We deem the fact of your providing us with your data to mean that you expressly authorise us to undertake processing of your data as described above.

5. OBLIGATIONS OF THE USER

5.1 Responsibility of the User

The User is aware of and voluntarily accepts that the use of the Website takes place, in any case, under his/her sole and exclusive responsibility.

Users shall be liable for the damages of any nature that the Foundation might suffer as a consequence of breach of any of the obligations to which they are subject in relation to utilisation of the Website pursuant to current legislation.

5.2. Compliance with laws

The User undertakes to access and use the Website in accordance with the law, the General Conditions of Use and generally accepted moral standards and good practice.

The User likewise undertakes not to use the Website for unlawful or illegal purposes, purposes that harm the rights of third parties, or to use it in ways that damage or disable the Website or the rights of third parties.

5.3 Non-interference with the Website

The User declares, guarantees and undertakes expressly not to send, transfer, distribute or publish through the Website, materials that (i) restrict or entirely prevent other Users from utilising and enjoying the Website; (ii) are illegal, threatening, abusive, harmful, slanderous, defamatory, hateful, racist, obscene, vulgar, offensive, pornographic, disrespectful towards religions or indecent; (iii) constitute or might constitute facts that could give rise to civil or criminal suits; (iv) injure, violate, plagiarise or infringe the rights of third parties, including intellectual and industrial property rights; (v) contain viruses or other harmful components capable of interrupting, destroying or limiting the functionality of any computer programs or equipment; (vi) the User is not entitled to transfer; and (vii) are unsolicited or subliminal advertising materials; or (viii) contain false or deceitful statements and instructions.

The User declares, guarantees and undertakes expressly (i) not to interfere with the Website or the servers connected to the Website and to obey the requirements, systems and procedures thereof; (ii) not to obtain unauthorised access to other systems through the Website; (iii) not to exert an influence on the Website such as to negatively affect the transactions of other Users; (iv) not to threaten or coerce other Users; (v) not to store or gather personal or professional data of other Users; (vi) not to act in a false and unauthorised manner in the name and on behalf of other persons or entities; (vi) not to engage in practices that constitute unfair competition.

5.4 Acting in good faith

The User may freely contract activities, services or products, request information or any other action that is currently available on the Website, but shall in all of them act in accordance with the conditions displayed on the Website and in good faith.

6. LIMITATION OF RESPONSIBILITY

6.1 For operation and availability of the Website

The Foundation does not guarantee the availability and continuity of operation of the Website or of the other websites with which links have been established. Similarly, the Foundation shall under no circumstances be responsible for damages that might derive from (i) lack of availability of or accessibility to the Website or to the other sites with which links have been established, (ii) interruptions in the operation of the Website or computer breakdowns, telephone faults, disconnections, delays or saturations caused by deficiencies or overloading of telephone lines, of the Internet system or of other electronic systems occurring in the course of operation thereof, and (iii) other damage that might be caused by third persons by means of unauthorised intrusions beyond the control of the Foundation.

The Foundation utilises virus-detection programs to control all Contents placed on the Website. Notwithstanding this, the Foundation cannot warrant the absence of viruses or other elements on the Website introduced by third parties unrelated with the Foundation that might give rise to alterations in the hardware or software systems of the Users or the electronic documents and files stored in their systems. As a result, the Foundation shall under no circumstances be responsible for any damage or harm that might derive from the presence of viruses or other elements that might give rise to alterations in the hardware or software systems or the electronic documents and files of the Users.

The Foundation likewise utilises various measures to protect its Website against computer attacks from third parties. The Foundation nevertheless cannot guarantee that non-authorised third parties may have access to the type of use that the User makes of the Website or the conditions, characteristics and circumstances in which he/she undertakes such use. Accordingly, the Foundation shall under no circumstances be responsible for any damage or harm that might derive from such unauthorised access.

The Foundation reserves the right to interrupt access to its Website or to any of its Content at any time and without prior notice.

6.2 For the Content and quality of the service

The Foundation accepts no responsibility for lack of usefulness or suitability of this Website for a specific purpose.

Neither can the Foundation accept responsibility for harm the User might suffer due to errors or omissions in the Content of this Website, although it undertakes to check and supervise from time to time the Content and information thereof.

6.3 For utilisation

The Foundation under no circumstances accepts responsibility for the use that Users may make of the Website or of the Content, or for damages that might derive therefrom.

6.4 For the links to other websites

Through this Website the User may access websites belonging to and/or managed by third parties.

The presence of such links is merely informative, and under no circumstances constitutes an invitation to contract products or services offered on the target Website. Users access the content of such sites at their own responsibility and subject to the conditions of use that govern these links. The User recognises and accepts that the Foundation cannot accept direct or indirect responsibility for any damages or injury caused by access to such links.

In the event that the Foundation becomes aware that the information or activity to which Users are directed from said links is unlawful, constitutes an offence or may injure goods or rights of a third party that lend themselves to indemnity, it will act with the necessary diligence to remove or disable the corresponding link as soon as possible.

7. ACTIONS IN THE EVENT OF BREACH

The Foundation reserves the right to exercise any actions available to it in law to enforce liabilities deriving from noncompliance with any of the provisions of these General Conditions of Use of the Website by a User.

8. PARTIAL NULLITY

A declaration of nullity, invalidity or non-effectiveness of any of these General Conditions shall not affect the validity or efficacy of the other conditions, which shall remain binding between the parties.

9. APPLICABLE LEGISLATION AND JURISDICTION

The provision of the service of the Website and these General Conditions that govern such Website are subject to Spanish legislation, and competence for resolving any disputes that might derive from or be related with this Website lies with the Courts and Tribunals of the city of Girona, Spain.