Contract for dissemination of publicity: is a contract wherein, upon exchange for an amount set by pre-established rates, a medium is obliged to permit the use of available units of space or time for advertising and to develop the technical activity necessary to achieve advertising results for an advertiser or agency.

Advertiser: is the natural person or legal entity in whose interest the advertising is effected.

Advertising agencies: are the natural persons or legal entities who are professionally dedicated to create, prepare, programme or execute advertising on behalf of the advertiser in an organised manner.

Advertising media: are the natural persons or legal, public or private entities who, in a habitual and organised manner, are dedicated to the dissemination of publicity through the social communications media whose proprietorship they possess.

Responsibility of the medium:

1.If the medium, with reasons attributable to it, fulfils an order with irregularity, defect or detriment in some of its essential elements, it shall be obliged to execute the publicity under the accorded terms again. If repetition is not possible, the advertiser or the agency may demand a reduction in the price and compensation for damages caused.

2.If the medium (except in cases of force majeure) does not disseminate the publicity, the advertiser or the agency may choose between demanding later dissemination under the same accorded conditions or demand that that paid for the non-diffused advertising be returned. In both cases, the medium should compensate for damages and injury caused.

Responsibility of the advertiser:

1.If the non-dissemination of publicity is attributable to the advertiser, said advertiser should compensate the medium and pay the price in full, apart from when the medium has used totally or partially the units of time or space contracted with other publicity.

2.If the publicity disseminated is unlawful the natural persons or legal entities or whoever may have the subjective right or legitimate interest may request that the advertiser ceases or rectifies the unlawful publicity.

Responsibility of the agency: If the non-dissemination of publicity is attributable to the agency, said agency should compensate the medium and pay the price in full, apart from when the medium has used totally or partially the units of time or space contracted with other publicity.

Responsibility of IBIT: the IBIT, when its function is as a provider of an intermediary service consisting in hosting data provided by the recipient of this service, shall not be responsible for the information stored at the request of the recipient providing that: a) It has no effective knowledge that the activity or information stored is unlawful or that it damages property or rights of a third party liable to compensation or, b) If it has, it acts swiftly to withdraw the data or make access to it impossible. It shall be understood that the IBIT has effective knowledge to that referred to in paragraph a) when a competent entity has declared the lawfulness of the data, ordered its withdrawal or that access to it be made impossible, or it has declared the existence of damages, and the IBIT knows the corresponding resolution, without prejudice to the procedures of detection and withdrawal of the contents that the IBIT may apply by reason of voluntary agreements and other means of effective knowledge that may be established.

The exemption of responsibility previously established shall not operate in the event that the recipient of the service acts under the direction, authority or control of the IBIT.

The IBIT, when its function is as a provider of services of the information society which facilitates links to other contents, or when its links/contents include directories or content search instruments, shall not be responsible for the information which is directed to the recipients of their services providing that: c) It has no effective knowledge that the activity or information where they are conveyed or recommended is unlawful or that it damages property or rights of a third party liable to compensation or, d) If it has, it acts swiftly to delete or disable the corresponding link.

It shall be understood that the IBIT has effective knowledge to that referred to in paragraph c) when a competent entity has declared the unlawfulness of the data, ordered its withdrawal or that access to it be made impossible, or it has declared the existence of damages, and the IBIT knows the corresponding resolution, without prejudice to the procedures of detection and withdrawal of the contents that the IBIT may apply by reason of voluntary agreements and other means of effective knowledge that may be established.