1. LEGAL NOTICE AND ACCEPTANCE
This document regulates the use of the Internet web site you have just accessed, which the administrator of www.empleo-foil.oit.or.cr (forewith denominated “the administrator”), located in San José, Costa Rica, with e-mail address: sysadm.foil@oit.or.cr , places at the disposal of Internet users.
The use of the website attributes the condition of User and implies your full acceptance without reservations of each and every one of the dispositions included both in this Legal Notice, as well as in the General or Specific Conditions for Use, in force whenever the User accesses it, so that if he/she does not agree with any of the conditions hereby established, he/she must not use/access this web site.
“The administrator” reserves the right to modify at any time these General Conditions for the use of the web site as well as any other General or Particular Conditions, Use Regulations, instructions and notices that should be applied. “The Administrator” also reserves the right to suspend, interrupt or stop operating the website at any time. In consequence the user must carefully read in detail this document entirely whenever the use of this website is proposed, since the same one may undergo modifications.
2. OBJECT
Through the website, “The Administrator” offers the Users access to various contents, services, information and data uploaded for the Users by itself or third party providers of services and contents. “The Administrator” reserves the right to modify at any time the presentation, configuration and location of the web site, as well as the Contents and the conditions required to use them. In general, the rendering of Services does not require prior subscription or registration of the Users.
3. CONDITIONS FOR ACCESS AND USE OF THE WEB SITE
3.1. Access and use of the web site.
The User recognizes and accepts that the access and use of the website and/or the Contents included in it, takes place freely and conscientiously, under his/her exclusive responsibility. “The Administrator” may establish limitations and/or additional conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in any case.
All the information offered by the User must be true. To these effects, the User guarantees the authenticity of all those data he/she communicates as a consequence of the completion of the necessary forms for the subscription of the Services, access to contents or restricted areas of the web site. In the same way, it will be the User’s responsibility to keep all the information offered to “The Administrator” permanently updated so that it responds, at all times, to the actual situation of the User. In any case, the User will be the only one responsible for the false or inexact statements and the injuries caused to “The Administrator” or third parties due to the information offered.
The User engages to make an adequate and lawful use of the website and of the Contents, in accordance with the applicable legislation, these General Conditions of Use of the Web Site, the generally accepted mores and good customs and the public order. The User will abstain from:
1. Making unauthorized or fraudulent use of the web site and/or the Contents with illicit ends or effects, forbidden in the Legal Notice, detrimental to the rights and interests of third parties, or that may, in any way, damage, render useless, overcharge, deteriorate or hinder the normal use of the Services, the computer equipment or the documents, files and all kinds of contents stored in any computer equipment;
2. Access or try to access resources or restricted areas of the web site, without fulfilling the conditions demanded for said access;
3. Cause damages in the physical or logical systems of “The Administrator”, its providers or third parties;
4. Introduce or spread computer virus in the network or any other physical or logical systems susceptible to cause damages in the physical or logical systems of “The Administrator”, its providers or third parties;
5. Try to access, use and/or manipulate “The Administrator’s” data or those of third party providers and other users;
6. Reproduce or copy, distribute, allow access to the public through any modality of public communication, transform or modify the Contents, unless one has the authorization of the titleholder of the corresponding rights or this is legally allowed;
7. Suppress, hide or manipulate the notes on intellectual or industrial rights and other identifying data of the rights of “The Administrator” or third parties incorporated into the Contents, as well as the technical protection devices or any information mechanisms that may be included in the Contents;
8. Obtain or try to obtain the Contents, employing for this, means or procedures different from those that according to the cases, have been placed at your disposal to this effect or have been expressly indicated in the web pages where the Contents are found or, in general, from those customarily employed in Internet so as to not imply a risk of damage or rendering useless the web site and/or the Contents.
9. In particular, the User engages, including but not limited to, to transmit, spread or place at the disposal of third parties, information, data, contents, messages, graphics, drawings, voice and/or image files, photographs, recordings, software and, in general, any kind of material that:
(a) Is in any way contrary, demeans or attempts against the fundamental rights and public freedom recognized constitutionally, in the international Treaties and the remaining legislation;
(b) Induces, incites or promotes acts that are criminal, denigrating, libelous, infamous, violent or, in general, contrary to the law, the generally accepted mores and good customs or the public order;
(c) Induces, incites or promotes discriminatory acts, attitudes or thoughts due to sex, race, religion, beliefs, age or condition;
(d) Incorporates, places at the disposal of or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, the generally accepted mores and good customs or the public order;
(e) Induces or may induce to an unacceptable state of anxiety or fear;
(f) Induces or incites to become involved in dangerous, risky or harmful practices for the health or psychic balance;
4. AREA OF RESTRICTED ACCESS
To access and use the area of restricted access, the Users must register beforehand completing a form (the “Registration Form”) that appears in each case in the web site. “The Administrator” reserves the right to freely accept or reject the registration request of any User. The data introduced by the Users in the Registration Form must be exact, current and truthful at all times, and will be processed by “The Administrator” in the way indicated in the privacy policy.
The Registered Users will be responsible at all times for the custody of their access password, assuming consequently any damages or injuries that may derive from its wrongful use, as well as the ceding, revealing or loss of the same. To these effects, the access to restricted areas and/or the use of the Contents carried out under the password of a Registered User will be reputed to have been carried out by this Registered User, who will respond in all cases for said access and use. The Registered Users may modify at any time their exclusive password as indicated in the web site. In case of forgetting the password or any other circumstance that supposes a risk of access and/or use by non-authorized third parties, the Registered Users must communicate it immediately to “The Administrator”, so that the latter may proceed to blocking and substituting the same.
5. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User recognizes and accepts that all the industrial and intellectual property rights on the Contents and/or any other elements included in the web site (including but not limited to, trademarks, logos, commercial names, texts, images, graphics, designs, sounds, data bases, software, flow diagrams, presentation, “look-and-feel”, audio and video), belong to “The Administrator” and/or third parties. In no case will access to the web site imply any kind of waiver, transmission, license or total or partial cession of said rights, except otherwise expressly stated. These General Conditions of Use of the Web Site do not confer upon the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the web site and/or its Contents different from those hereby expressly established. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted to such effect by “The Administrator” or the third party holder of the affected rights.
“The Administrator” authorizes the Users to use, view, print, download and store the Contents and/or elements included in the web site exclusively for their personal, private and non profit use, as long as in every case the origin and/or author of the same is indicated and that, in their case, the copyright symbol and/or notes of industrial property of its titleholders appear. The use of such elements, their reproduction, communication and/or distribution with commercial or lucrative ends is strictly forbidden, as well as their modification, alteration, or decompilation. For any other use different from those expressly allowed, it will be necessary to obtain prior consent in writing from the titleholder of the rights involved.
6. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
6.1 Exclusion of guarantees and of responsibility for the operation of the web site.
“The Administrator” does not guarantee the availability or operation continuity of the web site or of those other web sites with which a Link has been established. As well, “The Administrator” will in no case be responsible for any damages or injuries that may derive from:
1.The absence of availability or accessibility to the web site or those other web sites with which a Link has been established;
2.The interruption of the operation of the web site o information failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overcharges in the telephone lines, in the Internet system or in other electronic systems produced during the course of its operation;
3.The lack of adequacy of the web site for the specific needs of the Users and;
4.Other damages that may be caused by third parties through non authorized intromissions beyond the control of “The Administrator”.
With the purpose of reducing the risk of virus introduction into the web site, virus detection programs are used to control all the Contents introduced into the web site. Nevertheless, “The Administrator” does not guarantee the absence of virus or any other elements in the web site introduced by third parties beyond the control of “The Administrator” that may produce alterations in the physical or logical systems of the Users or in the electronic documents and files stores in their systems. Consequently, “The Administrator” will in no case be responsible for any damages and injuries of any nature that could derive from the presence of a virus or other elements that may produce alterations in the physical or logical systems, electronic documents or files of the Users.
“The Administrator” adopts various protection measures in order to protect the web site and the Contents against computer attacks from third parties. Nevertheless, “The Administrator” does not guarantee that non authorized third parties cannot have access to the kind of use of the web site that the User makes or the conditions, characteristics and circumstances in which this use is carried out. Consequently, “The Administrator” will in no case be responsible for the damages and injuries that may derive from this non authorized access.
6.2 Exclusion of guarantees and responsibility for the use of the services web site and of the contents by the Users.
“The Administrator” will not be responsible in any case for the use that the Users and/or third parties may make of the web site or the Contents, nor of the damages and injuries that may derive from this. “The Administrator” does not have the obligation of controlling nor does it control the use that the Users make of the web site and the Services. In particular, “The Administrator” does not guarantee that the Users use the web site, the Services and the Contents according to this Legal Notice and, in their case, with the Particular Conditions that result from the application, nor that they do it diligently and prudently.
“The Administrator” excludes any responsibility for damages and injuries of any nature that could be due to the use of the services and of the contents by the users or that could be due to the lack of veracity, effectiveness, thoroughness and/or authenticity of the information that the users provide about themselves and in particular, although not exclusively, for the damages and injuries of every nature that could be due to the identity theft of a third party performed by a user in any kind of communication carried out through the web site.
6.3 Exclusion of guarantees and of responsibility for the Contents.
“The Administrator” does not edit the Contents of third parties published on the web site and consequently, does not guarantee or assume responsibility for the lawfulness, trustworthiness, usefulness, truthfulness, exactness, thoroughness and update of said Contents. “The Administrator” will in no case be responsible for any damage or injury that may derive from:
1.The absence of lawfulness, trustworthiness, usefulness, truthfulness, exactness, thoroughness and/or update of the Contents originated by third parties;
2.The inadequacy for any purpose and the deceit of the expectations generated by the Contents;
3.Decisions or actions made or avoided by the User trusting the information or data facilitated or provided in the Contents, including without being limited to the loss of benefits or business opportunities.
6.4 Exclusion of guarantees and responsibility with regard to the Links.
The web site places at the disposal of the Users technical liaison devices, directories and search tools that allow the Users to access pages and/or web sites belonging to and/or managed by third parties. “The Administrator” does not verify the contents existing in such pages at the moment of establishing a link to them and does it in good faith that such contents comply with the applicable legislation. Nevertheless, in no case, is “The Administrator” responsible, approves, nor makes the products, services, contents, information, data, files and any kind of material existing in such web pages its own and does not control nor assumes responsibility, approves the successive modifications of said materials or makes them its own.
“The Administrator” does not guarantee nor assume any kind of responsibility for the damages or injuries of any kind that may be due to:
(A) The operation, availability, accessibility or continuity of the linked sites;
(B) The maintenance of the information, contents, or services existing in the sites that by some means are found linked;
(C) The rendering or transmission of the information, contents and services existing in the linked sites;
(D) The quality, lawfulness, trustworthiness and usefulness of the information, contents and services existing in the linked sites, in the same terms and with the same scope established with regard to the contents and services rendered by third parties through the web site.
In case it is deemed timely or is required by a judicial or administrative order, “The Administrator” will remove the links to those web pages that infringe the applicable legislation and/or injure the rights of third parties.
7. BANNING OF COMMERCIAL COMMUNICATIONS SOLICITING MADE THROUGH EMAIL OR ELECTRONIC COMMUNICATION MEANS: ANTI-SPAMMING
The Provider of the Service or contents engages to not:
1. Collect user data with advertising purposes and to forward any kind of sales publicity and communications or of any other commercial nature without prior request or consent;
2. Forward any other messages that have not been requested or consented beforehand to a plurality of people;
3. Send electronic message chains that have not been requested or consented beforehand;
4. Use distribution lists that can be accessed through the Services;
5. Place at the disposal of third parties, with any purpose, data collected from the distribution lists.
8. ACTIONS IN CASE OF NON COMPLIANCE
“The Administrator” reserves the right to exercise whatever actions are legally available to demand the responsibilities derived from the non compliance with any of the dispositions of these General Conditions of Use of the Web Site by the User.
“The Administrator” may withdraw or suspend at any time and without need of prior notice the rendering of Services to those Users that breach what is established in this Legal Notice and Conditions of Use.
9. PARTIAL NULLITY
The declaration of any of these general conditions as null, invalid or ineffective will not affect the validity or effectiveness of the remaining ones, which will continue to be binding between the parties. The waiver of any of the parties to demand at a particular moment the fulfillment of any one of the general conditions hereby stipulated will not imply a general waiver of the fulfillment of other condition or conditions, nor will it create an acquired right for the other party.
10. APPLICABLE LAW AND JURISDICTION
The rendering of the web site service and these General Conditions of Use of the Web Site are governed by the Law of the Republic of Costa Rica and other concordant regulations also with regard to the Laws of Data Protection. Inasmuch as is allowed by law, the parties, with an express waiver of any other jurisdiction that could correspond, agree to submit to the jurisdiction of the Courts and Tribunals.


