Legal

General Terms of Use of the Website

These terms aim to inform users about the access and use of the content and services offered on the website of the Carrera de Indias Museum Association (hereinafter referred to as the “Portal”), which can be accessed free of charge at www.mucain.com. The information provided is current as of the latest update.

Accessing the Portal and the information it contains constitutes acceptance of the terms outlined in this Legal Notice. Therefore, we recommend that you carefully read its contents if you wish to access and use the information and services that may be offered on the Portal at any given time.

  1. Identification Information:

In compliance with the information duty set forth in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following details are provided:

The entity owning this Portal is the Carrera de Indias Museum Association (MUCAIN), located in Palazuelos de Eresma (40.194), Calle de Valsaín, 121, with Tax Identification Number (C.I.F.) G-72685951, registered in the National Registry of Associations under number 624778. The contact email is: info@mucain.com.

For communication purposes, various contact methods are available on our “Contact” section (www.mucain.com/contact/).

  1. Users:

Accessing, using, and/or participating in the Portal confers the status of “User” and constitutes full and unconditional acceptance of all the conditions outlined herein.

  1. Use of the Portal:

Access, navigation, and use of the Portal are the responsibility of the User. Therefore, the User agrees to diligently and faithfully comply with any additional instructions provided by the Carrera de Indias Museum Association or authorized personnel regarding the use of the Portal and its contents. Furthermore, the User is encouraged to report to the Carrera de Indias Museum Association any actions or behaviors that may be contrary to the law or infringe upon the rights of third parties.

The User agrees to use the contents of the Portal diligently, correctly, and lawfully. Specifically, the User commits to refraining from:

  • Using the contents for purposes or effects that are contrary to the law, public morality, generally accepted customs, or public order;
  • Distributing or granting public access to the contents through any public communication mode, transforming or modifying the contents, unless written authorization from the holder of the corresponding rights is obtained or such action is legally permitted;
  • Using the contents, particularly the information obtained through the Portal or its services, for sending unsolicited advertising, direct sales communications, or any other commercial purposes, as well as refraining from marketing or disclosing such information in any manner.

The Portal provides access to a wide range of information, services, or data available on the internet, belonging to the  Carrera de Indias Museum Association and/or its collaborators, which the User may access.

Since the User is responsible for using the Portal and its contents, this responsibility extends to any registration that may be necessary to access specific services or content. In such cases, the User is responsible for providing truthful and lawful information. If a password is issued as part of this registration, the User commits to using it diligently and maintaining its confidentiality in order to access these services. Consequently, the User is responsible for properly safeguarding any identifiers and/or passwords provided by the Carrera de Indias Museum Association and agrees not to disclose or allow third parties to use them, either temporarily or permanently. Any unauthorized use of the services by third parties using the User’s password due to negligence or loss of it will be the User’s responsibility.

The User agrees to use the content provided by the Carrera de Indias Museum Association via the Portal appropriately, and, by way of example but not limited to, not to use it for: (i) engaging in unlawful activities, activities contrary to good faith or public order; (ii) spreading racist, xenophobic, illegal pornography, terrorist propaganda, or content violating human rights; (iii) causing damage to the physical or logical systems of the Carrera de Indias Museum Association, its providers, or third parties, including introducing or spreading computer viruses or other systems that could cause such damage; and (iv) attempting to access or use the email accounts of other users or manipulating their messages.

In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that any email addresses you provide may be used to send information or documentation from the Carrera de Indias Museum Association. If you do not wish to receive such information or documentation, please notify us in writing at the Carrera de Indias Museum Association, Calle Valsaín 121, Palazuelos de Eresma (40.194), or by email at info@mucain.com.

4) Intellectual and Industrial Property:

The name “Carrera de Indias Museum Association,” as well as other distinctive signs (graphical or denominative) appearing on this Portal, are the exclusive property of the Carrera de Indias Museum Association, which has them duly registered, unless indicated otherwise on the Portal that they belong to another entity. Their use by third parties without the required authorization, which must be in writing, is prohibited.

Any presence of distinctive signs owned by third parties on this site is done without commercial intent and with the authorization of their legitimate owners, always respecting their exclusive rights.

Similarly, the domain names “mucain.com” and “mucain.es,” as well as all other domain names used to directly access this website, are the exclusive property of the Carrera de Indias Museum Association. Improper use of these names would constitute an infringement of the rights granted by their registration and will be pursued by legal means as provided by law.

The Carrera de Indias Museum Association, whether directly or as an assignee, holds all intellectual and industrial property rights of the Portal, as well as the elements contained within it (including, but not limited to: images, sound, audio, video, software or texts, trademarks or logos, color combinations and graphic typography, structure and design, selection of materials used, software programs required for its operation, computer codes, access and usage, etc.). Therefore, ownership is held by the Carrera de Indias Museum Association or its licensors.

Consequently, it is not permitted to remove, evade, or manipulate the copyright notice or any other identification data regarding the rights of the Carrera de Indias Museum Association or its rights holders incorporated in the content, as well as any technical protection devices, digital fingerprints, or other identification mechanisms that may be present in the content of the Portal.

In no case shall the access and/or navigation of the User imply a waiver, transfer, authorization, license, or total or partial assignment of those rights by the Carrera de Indias Museum Association.

As a result, the User agrees to respect the intellectual and industrial property rights owned by the Carrera de Indias Museum Association, and that the Portal and its contents may not be subject to transformation, distribution, sale, transmission, public communication, exploitation, modification, alteration, decompilation, and/or assignment to third parties, in whole or in part, by any type of medium or support, except with the express written authorization of the Carrera de Indias Museum Association or, where applicable, the holder(s) of the corresponding rights.

However, the following conditions apply to the reproduction of Portal content by any means:

(i) The User agrees to keep intact all notices regarding intellectual property, explicitly recognizing the Carrera de Indias Museum Association as the legitimate owner of all industrial and intellectual property rights of the reproduced content. This information must be clearly stated in the corresponding Legal Notice of the work where any content from the Portal is reproduced, or, if no Legal Notice exists, it must appear in a similar and prominent place in the work;

(ii) The User must cite the source;

(iii) The contents of the Portal may not be used for commercial purposes;

(iv) The content of the Portal may not be reproduced in works whose content is contrary to legal norms, may be considered immoral, or may harm the image of the Carrera de Indias Museum Association;

(v) The reproduced content may not be altered, transformed, or otherwise modified;

(vi) The User may not create or generate a derivative work from the Portal and/or its content that could create confusion regarding the ownership of such work or its relationship to the Carrera de Indias Museum Association. The User may not mislead the public into believing that the Carrera de Indias Museum Association supports such work or the use of the reproduced content.

Portal content can be downloaded to the User’s device (download), provided it is for private, immediate use or for reproduction in accordance with the stipulations in the previous paragraph and the limitations outlined. The User may view the elements of the Portal and even print, copy, and store them on their computer’s hard drive or other physical media, as long as it is solely for personal and private use and does not infringe any intellectual or industrial property rights of the Carrera de Indias Museum Association. Specifically, the User may not alter, manipulate, modify, or delete them, either totally or partially.

The Carrera de Indias Museum Association does not transfer ownership of its software to the User. The Carrera de Indias Museum Association retains all industrial and intellectual property rights, including software. If the User transfers software from this Portal to their device, they may not disassemble it for study, decompile it, or translate the original object code version into another code or language.

Additionally, the User must refrain from removing, altering, evading, or manipulating any protection devices or security systems installed on the Portal.

5) Use of Content:

Creative Commons License

 The User is free to copy, reproduce, distribute, and publicly communicate the work, provided that the original author is properly credited and the source where it was published (institution, publication, journal, etc.) is cited. It does not allow the creation of derivative works or the use of the content for commercial purposes. The licensee must comply with the attribution requirement (adequately acknowledging the authorship and source, and providing a link to the license; this can be done in any reasonable way, but not in a way that suggests endorsement by the licensor or that the licensor is associated with the use made of the work) and must share alike. It is important to note that the User will not need to comply with the license for elements of the material in the public domain or when its use is permitted by the application of an exception or limitation. Furthermore, the license may not grant all the necessary permissions for the intended use; for example, other rights such as those related to advertising, privacy, or moral rights may limit the use of the material.

6) Disclaimer of Warranties and Liabilities:

The Carrera de Indias Museum Association shall not be liable, under any circumstances, for any damages that may result from, including but not limited to: errors or omissions in the content; the unavailability of the Portal; or the transmission of viruses or malicious programs in the content, despite having taken all necessary technological measures to prevent such incidents.

The Carrera de Indias Museum Association does not guarantee or assume responsibility for any of the following:

  • The information, both its own and from third parties, provided on the Portal is offered “as is,” with no guarantees regarding its accuracy or updates. Consequently, the Carrera de Indias Museum Association is not responsible for any potential harm caused by the use of such information. It must be noted that it is not always possible to ensure that the information available on the website exactly reproduces a text. Therefore, only the texts in the printed editions of the Carrera de Indias Museum Association and information given personally by a competent individual in the legally and regulation-established manner will be considered authentic. This does not prevent the Carrera de Indias Museum Association from acting diligently to provide the most truthful, complete, and up-to-date information regarding official documents and information.

  • The information, content, and data of any kind available on the Portal are thoroughly reviewed before publication. However, as with any intellectual creation involving both human and mechanical activity, it is not possible to guarantee that it is free of typos, errors, compositional defects, and similar issues. For this reason, the Carrera de Indias Museum Association strongly recommends that Users stay alert to any updates or corrections added to the Portal and confirm data of particular interest through the personal, telephone, fax, and email channels provided on the site. Users should not make decisions based solely on information from the Portal. In any case, the Carrera de Indias Museum Association apologizes for these errors, commits to correcting them as quickly as possible, and appreciates any comments, corrections, or suggestions that Users may send to the Asociación Museo de la Carrera de Indias at Valsaín Street, number 121, Palazuelos de Eresma (40.193 Segovia).

  • The links on the Portal allow Users to leave the Carrera de Indias Museum Association website. The linked sites are not related to the Carrera de Indias Museum Association, except where explicitly stated otherwise. The Carrera de Indias Museum Association is not responsible for the content accessed through these links, nor for any modifications made to them, nor for their use, nor for their technical availability. In any case, the Carrera de Indias Museum Association commits to making its best efforts to avoid links to illegal sites or those promoting illicit activities, racism, xenophobia, or those otherwise harmful to human dignity or in violation of the values and rights recognized by the Spanish Constitution and the Universal Declaration of Human Rights.

  • The Carrera de Indias Museum Association is not responsible for the opinions expressed in the various permanent forums and occasional discussions presented on the Portal’s content. However, the Carrera de Indias Museum Association seeks to ensure the proper use of these mechanisms, with the utmost respect for human dignity and freedom of expression, as guaranteed by the Spanish Constitution. It will cooperate, if required by judicial order or relevant authorities, in identifying individuals responsible for any content that violates the law.

  • The information, presentation, and services provided by the Portal may undergo periodic or occasional changes, which may be made freely by the Carrera de Indias Museum Association without obligation to inform Users.

  • The Carrera de Indias Museum Association does not guarantee absolute privacy when using the Portal, as it cannot be ruled out that unauthorized third parties may gain access to such information or the circumstances under which it is made.

  • The Carrera de Indias Museum Association accepts no liability for damages caused by computer viruses or other harmful elements or programs that could affect the User’s equipment, resulting from accessing, using, or reviewing the website, or from altering their electronic documents or files, whose absence cannot be guaranteed.

  • Similarly, the Carrera de Indias Museum Associations is not responsible for potential security issues arising from the use of computers infected with viruses. It also assumes no liability for any consequences that may result from malfunctioning browsers or the use of outdated versions of browsers.

  • The Carrera de Indias Museum Association is released from any liability arising from the malfunctioning of the Portal or any of its services due to accidental circumstances, force majeure, necessary maintenance work, or any other cause not attributable to the organization.

This enumeration is merely illustrative and does not exclude any of its points. In all cases, the Carrera de Indias Museum Association is released from any responsibility for damages, whether direct or indirect, resulting from the above or from any other unspecified situations of similar nature.

This disclaimer of warranties and liabilities is not intended to contravene the requirements set by applicable legislation, nor to exclude responsibility for matters that cannot be excluded under the applicable laws at any given time.

7) Use of Cookies:

The Carrera de Indias Museum Association may use cookies to personalize and optimize the User’s navigation of the Portal.

Cookies are associated only with an anonymous User and their computer, and do not provide references that allow for the deduction of personal data of the User or identify the User personally. That is, cookies are completely anonymous and cannot be associated with any specific User.

The User may, at any time, configure their browser to notify and reject the installation of cookies sent by the Carrera de Indias Museum Association, without affecting the User’s ability to access content or interfering with navigation.

8) Modifications:

The Carrera de Indias Museum Association reserves the right to make, without prior notice, any modifications it deems necessary on its Portal, including changing, removing, or adding both the content and services offered through the Portal, as well as the way in which they are presented or located.

9) Links:

On the Portal, the User may find various links through different buttons, links, banners, etc., which lead to external websites whose content is owned by third parties. These links are solely intended to facilitate access to other sources of information on the internet related to the founding purposes of the Carrera de Indias Museum Association, and their inclusion on the Portal is based on respect for intellectual property rights that may belong to their authors.

In these cases, the Carrera de Indias Museum Association will not exercise any control over these sites and contents, and consequently, it assumes no responsibility for any aspect related to the external website linked to the Portal or the results that may arise for the User from accessing these links.

Under no circumstances will the Carrera de Indias Museum Association be responsible for the content of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, or legality of any material or information contained on any such hyperlinks or other websites, nor will it guarantee the absence of viruses or other elements on these sites that could alter the User’s computer system (hardware and software), documents, and/or files, thus excluding any responsibility for damages of any kind caused to the User for this reason.

Additionally, the Carrera de Indias Museum Association is not responsible in any case for the results that may arise for the User from accessing these links.

The inclusion of any type of link by the Portal to an external website does not imply any relationship, collaboration, or dependency between the Carrera de Indias Museum Association and the owner of the external website.

If any User, entity, or website wishes to establish any type of link to the Portal and/or its content, they must adhere to the following conditions and requirements:

  • The link may direct to the main page of the Portal and/or any of its contents.
  • The link must be absolute and complete. That is, it must lead the User, with one click, directly to the URL of theCarrera de Indias Museum Association (www.mucain.com) or its future substitute, or to any of its contents, and it must fully encompass the entire screen of the Portal.
  • If the entity that creates the link from its page to the Portal and/or any of its contents wishes to include the brand, name, commercial name, logo, slogan, or any other identifying element of the Carrera de Indias Museum Association and/or the Portal on its website, it must have prior express written authorization from the Carrera de Indias Museum Association, unless the hyperlink is directly linked to the Portal or any content from the Portal.
  • The Carrera de Indias Museum Association does not authorize the establishment of a link to the Portal and/or any of its contents from websites that explicitly promote hatred, contempt, or discrimination based on birth, race, sex, religion, nationality, opinion, or any other personal or social circumstance and, in general, any that violate morals, public order, the principles derived from the Spanish Constitution, or generally accepted social norms.
  • The creation of the link does not imply any relationship between the Carrera de Indias Museum Association and the owner of the website where the link is established, nor does it imply acceptance or approval by the Carrera de Indias Museum Association of its content.
  • The Carrera de Indias Museum Association de Indias will not exercise any control over the sites and content of the linked sites.

The Carrera de Indias Museum Association assumes no responsibility for any aspect related to the website that establishes the link to the Portal and/or its content; in particular, but not limited to, the functioning, access, data, information, files, quality, and reliability of its products and services, its own links, and/or any of its content in general.

10) Enforcement:

The Carrera de Indias Museum Association will pursue the non-compliance with these conditions, as well as any improper use of the Portal and/or its contents, exercising all the administrative, civil, and/or criminal actions that may correspond to it under the law.

11) Modification of These Conditions and Duration:

The Carrera de Indias Museum Association may modify these conditions at any time as stated in its Legal Notice, and such modifications will be duly published in the same location.

The validity of these conditions will depend on their exposure and, in general, will be valid until they are modified by others, duly published.

The duration of these conditions coincides with the period of their exposure, until they are totally or partially modified, at which point the modified conditions will take effect.

The Carrera de Indias Museum Association may terminate, suspend, or interrupt access to the Portal’s content at any time, without prior notice, and without the User being entitled to claim any compensation. After such termination, the prohibitions on the use of the content outlined in these conditions will remain in effect.

12) Applicable Law and Jurisdiction:

These conditions will be governed by Spanish law.

In the event of any discrepancy or dispute arising from the interpretation or application of these conditions or the content of the Portal in general, the Carrera de Indias Museum Association and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of the city of Segovia.

13) General Provisions:

If any provision or provisions of these conditions are considered null or unenforceable, in whole or in part, by any competent court, tribunal, or administrative body, such nullity or unenforceability will not affect the remaining provisions of the conditions.

The failure of the Carrera de Indias Museum Association to exercise or enforce any right or provision of these conditions will not constitute a waiver of that right, except by written recognition and agreement by the Carrera de Indias Museum Association.

In compliance with the crime prevention policy implemented by the Carrera de Indias Museum Association, a “Whistleblower Channel” is available to employees, where the email address info@mucain.com is provided.

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