License or Authorization to Use Agreement
Description: Agreement governing access to and use of the WWW Project, specifying the applicable law and competent jurisdiction.
The following license or authorization to use agreement governs access to and use of works protected by copyright, published on the Proyecto WWW. It establishes the rights and obligations of both the “Author” or “Licensor” and the “User” or “Licensee,” defining the conditions for non-exclusive, free use with specific limitations. It includes clauses on liability, duration, modifications, and also determines the applicable law and competent jurisdiction. Its purpose is to protect the rights of the authors of the published works and to facilitate cultural access within a clear and transparent legal framework. This agreement is valid both in Argentina and internationally, respecting applicable national and international regulations.
License or Authorization to Use Agreement
Legal Preamble – International Scope and Governing Law
This Agreement constitutes a legally binding contract entered into in the city of San Isidro, Partido de San Isidro, Province of Buenos Aires, Argentine Republic, on the 6th day of October 2008, between Mr. Jorge A. Verón Schenone, who establishes a special domicile for the purposes of this Agreement at Boulevard Ballester No. 5637, Villa Ballester, Partido de General San Martín, Province of Buenos Aires, Argentine Republic, hereinafter referred to as the “Author” or “Licensor,” on the one hand; and on the other hand, the “User” or “Licensee” — understood as any natural or legal person who accesses, enters, uses, reproduces, or links to the Uniform Resource Locators (URLs): https://www.proyectowww.com.ar or https://proyectowww-en.blogspot.com, whether directly, automatically, or through any electronic device.
Due to the international and digital nature of the Proyecto WWW, the parties expressly agree that this Agreement is governed by the substantive law of the Argentine Republic, in accordance with the continental European legal system.
The guiding principle recognized is the full validity of the parties' autonomy of will, expressly excluding the application of foreign laws incompatible with Argentine law, particularly those from the Common Law system, such as the doctrine of “fair use,” when they seek to limit the moral or economic rights of the author.
This Agreement is executed under the principles of contractual good faith, public order, and freedom of contract recognized by Argentine law, and shall be interpreted in accordance with the provisions of the Argentine Civil and Commercial Code, Law 11,723 on Intellectual Property, applicable international treaties; and the UNIDROIT Principles of International Commercial Contracts as subsidiary criteria when appropriate.
Any “User” or “Licensee” accessing the Proyecto WWW, regardless of nationality or territorial location, expressly and unequivocally accepts these contractual terms, the applicable law, and the agreed jurisdiction, as set forth in the following clauses and conditions:
Clause One: Domicile and Notices.
The “Licensor” establishes a special domicile for the purposes of this Agreement at Boulevard Ballester No. 5637, Villa Ballester, Partido de General San Martín, Province of Buenos Aires, Argentine Republic.
All notices, communications, and summons sent to this address shall be deemed validly made and produce all corresponding legal effects.
The “User” or “Licensee,” by accessing and using the services and content of the Proyecto WWW, accepts the conditions and clauses set forth herein and acknowledges that they do not constitute any special domicile for receiving notices. Therefore, any communication addressed to the “User” or “Licensee” will be made through the electronic means available on the site—particularly through the “News” section—or by other channels the “Licensor” may provide.
The “User” or “Licensee” acknowledges that notices and communications will be made through the electronic means available on the website, without implying the collection or storage of personal data for such purposes.
The “Licensor” declares that, in the context of the activities developed on this website, no processing of personal data is carried out by any means; that is, no organized or systematized files, records, databases, or data banks are used that would allow consultation, access, or report generation.
Queries or communications made by users through the contact form, comment form, or email are managed individually and specifically; they are not part of databases subject to registration, in accordance with Law 25,326 (Articles 1 and 2) on Personal Data Protection.
Notwithstanding the above, confidentiality, security, and proper use of any personal data received are guaranteed, in compliance with current regulations and the rights of data subjects.
Responsibility for Use by Minors and Parental Consent:
Parents or legal guardians do not assume automatic contractual responsibility for acts performed by a minor without their prior consent or knowledge, given that minors lack legal capacity to contract and legal acts performed without authorization may be null or voidable pursuant to Articles 1199 and 1200 of the Argentine Civil and Commercial Code
However, parental responsibility implies a legal duty of protection, supervision, and legal representation of the minor (Article 638 CCCN). Therefore, when parents or guardians expressly authorize the use or contracting, or consent to or ratify the act performed by the minor, they may be held contractually and extra-contractually liable.
Furthermore, if the minor commits unlawful or harmful acts — such as intellectual property infringements — parents or guardians may be civilly liable if it is proven that they failed in their duty of supervision and protection, in accordance with the protective and caregiving role assigned by law and liability for damages caused by minors under their custody.
Clause Two: Jurisdiction.
For all legal, judicial, or extrajudicial purposes arising from this Agreement, the parties agree to submit to the jurisdiction and competence of the courts indicated below, waiving any other forum or jurisdiction that may correspond to them.
This complies with the current legal framework of the Argentine Civil and Commercial Code, especially Article 75 as amended by Executive Decree 338/2025, and adapts to the reality of anonymous or non-individualized users on websites.
A. Competence of Civil and Commercial Courts:
The courts of first instance in Civil and Commercial matters of the city of San Isidro, Province of Buenos Aires, shall have jurisdiction over contractual or extra-contractual breaches arising from this Agreement, such as:
- Breach of general civil or commercial obligations.
- Claims for civil or commercial damages.
This jurisdiction is based on Law 11,723 (Articles 1, 71, 80 and 81), the Argentine Civil and Commercial Code, and the Civil and Commercial Procedural Code of the Province of Buenos Aires, applicable in the jurisdiction of San Isidro and municipalities of the province.
B. Competence of Federal Courts:
Federal courts shall have jurisdiction over:
- Unauthorized use and reproduction of protected works.
- Disputes regarding licenses of use of copyrighted works.
- Electronic commerce contracts with federal implications.
Procedures will be governed by federal laws and national or federal civil, commercial, and criminal procedural codes.
C. Territorial and International Jurisdiction:
a. Ordinary Justice Courts of San Isidro.
- The parties agree to submit any civil or commercial non-federal disputes arising from this Agreement exclusively to the ordinary courts of the Judicial Department of San Isidro, Province of Buenos Aires, in accordance with the Procedural Code of the Province of Buenos Aires and Law 5827 and its amendments.
This jurisdiction applies to parties domiciled in the Province of Buenos Aires, specifically in the districts under San Isidro’s territorial competence, and extends to users domiciled in other Argentine provinces who voluntarily accept this jurisdiction by expressly agreeing to this Agreement.
b. Federal Justice Courts of San Martín.
- For disputes involving federal rights, particularly those related to intellectual property, copyright, electronic commerce, and commercial activities with federal implications, the parties agree to submit exclusively to the federal courts of the Judicial Department of San Martín, Province of Buenos Aires, pursuant to Law 24,240, Law 11,723, Law 25,140, and the National Civil and Commercial Procedural Code.
This jurisdiction applies to parties domiciled in the Province of Buenos Aires within the federal territory of San Martín and also to users domiciled in other Argentine provinces who expressly accept this federal jurisdiction.
c. Users domiciled in other Argentine provinces.
- For users domiciled outside Buenos Aires Province, the parties recognize that although this Agreement stipulates jurisdiction in San Isidro (ordinary justice) and San Martín (federal justice), the territorial competence of local courts may prevail according to applicable provincial and federal procedural laws, unless the user expressly and voluntarily accepts the stipulated jurisdiction.
Therefore, for users from other provinces, the local ordinary or federal jurisdiction will be competent to hear claims arising from contractual breaches unless the user expressly agrees to the jurisdiction stipulated herein.
d. Users domiciled in neighboring countries.
- For users domiciled in neighboring countries, the Buenos Aires Protocol on International Jurisdiction in Contractual Matters (Law 24,669) applies, recognizing the validity and effectiveness of the jurisdiction choice agreed upon by the parties.
Consequently, the parties agree that non-federal civil and commercial disputes will be resolved by the ordinary courts of San Isidro, and federal matters by the federal courts of San Martín, according to the subject and nature of the conflict.
It is acknowledged, however, that enforcement of judgments in such countries will be subject to local legislation and applicable international agreements.
e. Users domiciled in non-neighboring countries (including Common Law jurisdictions).
- For users domiciled in non-neighboring countries, including those governed by Common Law systems, the parties agree to submit to the jurisdiction of the ordinary courts of San Isidro for civil and commercial non-federal matters, and to the federal courts of San Martín for federal matters.
It is noted that although Argentine jurisdiction is valid and binding, enforcement and recognition of judgments in such countries will be conditioned by international treaties, private international law norms, and local homologation procedures.
D. Independence of Civil and Criminal Proceedings:
Civil, commercial, and criminal proceedings are independent, and their resolutions do not affect each other, pursuant to Article 77 of Law 11,723.
E. Independent Contract from Blogger Platform:
This Agreement is independent of any contract the "Author" or "Licensor" may have with the Blogger platform, and the terms of service, content policy, and privacy policy of that platform do not modify or affect the terms set forth herein.
Clause Three: Object.
The subject matter of this Agreement consists of the following incorporeal or intangible goods:
- Literary works: original writings of a literary, technical, or practical nature;
- Audiovisual works: any moving image with sound;
- Artistic works: visual communication design of the Proyecto WWW, including header, logo, buttons, icons, and graphics in general;
- Photographs: protected as creations by intellectual property rights and by the image rights of the person portrayed;
- Computer programs: protected as creations by intellectual property rights, regardless of the syntax and expression of algorithms perceived by the senses—generally, only the user interface design is perceived.
These incorporeal goods have an entity and value independent of the medium or support in which they are incorporated. These goods are published on the Blogger platform.
The “Author” or “Licensor” holds the patrimonial and moral rights over the described works. They are commercially available and may be subject to contracting in accordance with current legislation.
These incorporeal goods have material or physical expression through:
- A hypertext document in HTML code or “publication unit” (also called “post,” “entry,” “article”), combined with an XML file (“template”) through a Blogger technical process, generating another HTML document visible on the electronic device screen, which accesses the following Uniform Resource Locators (URLs): https://www.proyectowww.com.ar and https://proyectowww-en.blogspot.com/;
- Files in graphic formats JPG, PNG, or GIF (and others corresponding to audiovisual formats), linked to the aforementioned HTML and XML code; as well as vector files in SVG format, either linked or embedded directly in the HTML code of the Proyecto WWW;
- Encoded content, usually in XML format, forwarded from Blogger (publication or origin) to another website (destination), which acts as receiver and retransmitter of such content (technique known as “web syndication” or “feed”).
This Agreement does not imply the assignment, establishment, or transfer of the Author’s or Licensor’s copyright to the “User” or “Licensee.”
Through this Agreement, the full exercise of such rights is not limited, nor is possession of the thing or the possibility of obtaining economic benefits or yields granted.
By means of this Agreement, the “Author” or “Licensor” temporarily grants the “User” or “Licensee” a non-exclusive right to use and partial enjoyment of the works authored and published on Blogger. In this regard, Articles 749, 773, and 778 of the Argentine Civil and Commercial Code establish that the contract may have as its object the obligation to give, do, or not do, including the use of a thing, in accordance with traditional doctrine (Article 1168 of the former Civil Code).
When no clarification regarding the authorship of other works is made in the footer of the “publication unit” or the Proyecto WWW structure, it shall be understood that the Author or Licensor is the sole holder of the intellectual property rights over the published works.
Clause Four: Authorization and Use Limitations.
a) Authorization.
By means of this Agreement, the “Author” or “Licensor,” reserving all moral and patrimonial rights over the works subject to this Agreement, authorizes the “User” or “Licensee” to perform the following acts:
- The permanent fixation of one (1) copy of the work, whether on paper (print) or in HTML or PDF format on one (1) internal data storage device (hard drive, solid-state drive, or similar) of the electronic device used by the User to access or link to the Proyecto WWW content (original and individual creations and expressions of an idea—objective or purpose), provided it is for personal, educational, research, or teaching purposes and not for commercial or profit-making use.
It is clarified that there is an implied authorization from the “Author” or “Licensor,” derived from the publication of their works through this medium, for the provisional fixation of the works in the material support in which they are presented: HTML, XML files, graphic formats JPG, PNG, GIF (and others corresponding to audiovisual works), as well as vector files in SVG format, provided such provisional fixations are executed, reproduced, exhibited, or published temporarily through the Blogger service or via web syndication formats such as “Atom” and “RSS.”
Also included is the implied authorization for automatic caching processes (user-agent cache, shared cache or direct proxy-cache, gateway cache or reverse proxy-cache), as well as loading into random access memory (RAM) and swap files or partitions, in accordance with usual technical web usage.
Express authorization for search engine indexing: The "Author" or "Licensor" grants an express, limited and revocable authorization to companies operating search engines and indexing robots, including:
- Google LLC (Google Search),
- Microsoft Corporation (Bing),
- Yahoo! Inc. (Yahoo Search),
- Duck Duck Go, Inc. (DuckDuckGo),
and to any other legitimate search engine operator, to access and index the Proyecto WWW content solely for descriptive purposes by reading meta tags and structured data in JSON-LD or similar formats, in accordance with customary technical practices and the specifications of the Schema.org standard.
- For meta description tags, authorization is limited to a maximum of two hundred (200) characters, while acknowledging that current industry practice generally limits such descriptions to one hundred and forty (140) characters, and provided that the enlarged limit does not affect the integrity of the work or its legitimate use.
- With respect to JSON-LD files, authorization is limited to reading only the fields strictly necessary for the page description, such as headline, description, inLanguage, url, keywords, image.url, author.name, author.url, publisher.name, publisher.url, publisher.logo.url, datePublished, dateModified, genre and articleSection, with the express prohibition to reproduce or use any other content of the work outside this descriptive context.
- The display of a thumbnail image in search indexing results is also permitted, which may correspond to the image shown in the publication or to the Proyecto WWW logo, provided that its link is specified in the meta tags or in the JSON-LD script. Such thumbnail must be of reduced dimensions, not equivalent to the full size of the work, and shall be used solely to identify and describe the indexed content. Displaying the works at full resolution, or at a size that would allow their use outside this descriptive context, is strictly prohibited.
The authorized use does not include the full or partial reproduction of the content in extended fragments ("expanded snippets") nor its reuse outside the legitimate search results generated by search engines.
This authorization is granted in accordance with Law No. 11.723, the Berne Convention and other applicable rules, and does not imply any transfer or license of rights except as expressly provided herein.
To make a permanent fixation different from the authorized one, i.e., on any other physical medium or storage device (disks, optical disks, USB memories, flash drives, etc.), to make multiple copies, or to use the work differently from the authorized use, the “User” or “Licensee” must request express and written authorization from the “Author” or “Licensor.” Preference will be given to requests related to educational, research, or teaching purposes.
b) Limitations of Use (Non-commercial, Non-profit, No Derivative Works).
- The published works must not be used for commercial or profit-making purposes. Such purposes are understood as obtaining any direct or indirect economic benefit that could favor the “User” or “Licensee” due to the use, reproduction, or fixation of the work on any physical medium.
- The works must not be altered, modified, transformed, or used to generate derivative works (including use as training data for Artificial Intelligence), respecting at all times the moral rights of integrity and modification of the “Author” or “Licensor,” as established in Article 71 of Law 11,723 (Intellectual Property Law), which protects the author’s moral rights as inalienable and perpetual.
- To perform any of the indicated acts, as well as public communication, exhibition, transformation, or distribution of the work, the “User” or “Licensee” must contact and obtain prior authorization from the “Author” or “Licensor.
Clause Five: Obligations.
The following obligations are imposed on the “User” or “Licensee”:
- Use the licensed goods in accordance with all the terms and conditions established in this Agreement;
- Inform the “Author” or “Licensor” of any act that constitutes a breach of the conditions of this Agreement or causes harm to the rights of the “Author” or “Licensor.”
Such notification must be made within a maximum period of five (5) business days from when the “User” or “Licensee” becomes aware of the fact.
Two valid means are established for such notification:
- Through the contact or comment forms on the site; or
- Alternatively, by sending an email directly to the “Author” or “Licensor” at veron.schenone@gmail.com.
In this regard, Article 959 of the Argentine Civil and Commercial Code establishes: “Every validly concluded contract is binding on the parties, and its content can only be modified or extinguished by agreement between the parties or in cases provided by law.”.
Likewise, Article 961 of the same code provides: “Contracts must be performed in good faith.” Therefore, the parties undertake to comply with and respect the provisions of this Agreement with loyalty and good faith, according to current legislation.
Clause Six: Limitation of Liability.
The literary works and other content published in the Proyecto WWW are purely informational and do not constitute professional, legal, technical, or any other form of advice directed to any specific or unspecified person. Therefore, they do not create rights or obligations equivalent to those of a client-professional relationship.
The articles and published content do not provide specific advice or recommendations.
If specialized guidance is required, the “User” or “Licensee” must consult a competent professional in the relevant field.
The “Author” or “Licensor”, as well as any authors and collaborators, shall not be liable for damages arising from the use, interpretation, or application of the information contained in their works, except in cases of willful misconduct or gross negligence, in accordance with applicable law.
The “Licensor’s” liability is limited to the correct publication and, subject to availability of time, updating of the content, without guaranteeing specific results or the absolute absence of errors or omissions.
The “User” or “Licensee” expressly assumes responsibility for the use made of the content and agrees that, in case of disagreement with this limitation, they must refrain from using the Proyecto WWW.
Clause Seven: Termination and Withdrawal.
The “Author” or “Licensor” may unilaterally terminate this Agreement at any time, without prior individual notice to the “User” or “Licensee”.
Additionally, the “Author” or “Licensor” may exercise at any time their right of withdrawal or retraction regarding any of their works, removing it from public access.
As an expression of good faith and predictability, such decision shall be announced through a publication in the “News” section of the Proyecto WWW, with no less than five (5) calendar days’ notice, except in exceptional circumstances justifying immediate withdrawal.
Since this is a gratuitous contract, none of the aforementioned circumstances shall give rise to any claim for compensation or indemnity by the “User” or “Licensee.”
The “User” or “Licensee” acknowledges and accepts that the availability and access to the incorporeal goods or works of the “Author” or “Licensor” — and any authors and collaborators — as well as the Proyecto WWW itself, depend on the Blogger platform, which has its own terms of service and over which the “Author” or “Licensor” has no control or responsibility.
Clause Eight: Duration and Modification.
The license granted is gratuitous, non-exclusive, and of indefinite duration. The “Author” or “Licensor” may revoke or terminate it at any time without prior notice and without generating any right to compensation for the “User” or “Licensee.”
The “Author” or “Licensor” reserves the right, at their sole and absolute discretion, to unilaterally modify this Agreement at any time. Modifications will be published in the “News” section of the Proyecto WWW, indicating the date of the last update in the footer of the webpage containing this Agreement.
The “User” or “Licensee” will be informed of the contractual modifications via a visible notice in the “News” section of the website, which will remain posted for a period of five (5) calendar days to ensure effective knowledge.
The modifications shall take effect immediately upon publication and, therefore, access to and use of Proyecto WWW during and after this period shall be subject to such modifications.
Continued use of Proyecto WWW constitutes an express and binding manifestation of acceptance of the contractual modifications.
If the User does not agree with the modifications, they may terminate this Agreement without penalty by immediately ceasing use of Proyecto WWW.
Clause Nine: Interpretation of the Agreement. Governing Law and Jurisdiction.
This Agreement shall be governed and interpreted in accordance with the current legislation of the Argentine Republic, particularly the Civil and Commercial Code, Law 11,723 on Intellectual Property, and other applicable national, provincial, and federal laws. Special consideration shall be given to copyright law, contracts executed by electronic means, and the principles of contractual good faith, autonomy of will, and public order.
The parties agree that the copyrights involved in this Agreement shall be governed by Argentine law (Article 2596, second part, of the Civil and Commercial Code), inspired by the continental legal system. Consequently, moral rights of the author are recognized and protected as irrevocable, inalienable, and perpetual, as well as patrimonial rights, pursuant to the Berne Convention for the Protection of Literary and Artistic Works (Article 6 bis) and Law 11,723, its amendments, and complementary regulations.
The application of the “fair use” doctrine or other limitations typical of the Common Law system is expressly excluded insofar as they are incompatible with Argentine law.
For purposes of interpretation and enforcement, the parties expressly agree to submit to the exclusive or preferential jurisdiction agreed upon in Clause Two of this Agreement, depending on the type of dispute and the nature of the rights involved (civil, commercial, intellectual, or federal). This jurisdiction shall be valid even for international contractual relationships, in accordance with principles recognized by Argentine private international law, especially Title IV of Book Six of the Civil and Commercial Code (Articles 2594 to 2612), and the following international instruments:
- Buenos Aires Protocol on International Jurisdiction in Contractual Matters (Law 24,669), which recognizes the validity of jurisdiction choice by the parties;
- Inter-American Convention on Conflict of Laws in Matters of Contracts (Law 22,921);
- Vienna Convention on the International Sale of Goods (Law 22,765), insofar as compatible and applicable by analogy;
- UNIDROIT Principles of International Commercial Contracts, as subsidiary interpretative criteria when relevant to the contractual nature of the relationship and not contrary to Argentine public order (Articles 2 and 2595 CCCN).
Should a foreign jurisdiction be compelled to analyze the validity of this Agreement, the parties manifest their clear and unequivocal will that Argentine substantive law shall apply exclusively, insofar as it does not contravene the public policy of the country in question.
The choice of governing law and jurisdiction does not prevent local or foreign courts from declaring their own competence according to their internal rules. However, such possibility does not modify or annul the legal validity of this Agreement, its binding force, nor the express manifestation of will contained in the User’s or Licensee’s acceptance.
It is noted that this Agreement is independent of any other legal relationship the “Author” or “Licensor” may maintain with the hosting platform of the Proyecto WWW (currently Blogger), whose regulations do not alter the terms established herein.
Clause Ten: Acceptance.
These terms and conditions are binding and obligatory for the parties. The use of the Proyecto WWW by the “User” or “Licensee” constitutes an unequivocal manifestation of will demonstrating their understanding, agreement, and full acceptance of all the terms and conditions set forth herein.
To ensure such express acceptance, the “User” or “Licensee” interacts through a technical mechanism implemented via a fixed banner and a modal window. This system requires the “User” or “Licensee” to confirm having read and accepted the conditions by explicitly selecting a checkbox and activating an acceptance button.
This technical procedure consists of:
- The initial presentation of a visible banner at the top of the screen inviting the user to accept the terms, allowing navigation while acceptance has not been granted.
- A timer that, after a determined period without acceptance, displays a blocking modal window that prevents navigation until the user expressly confirms acceptance.
- The acceptance record is stored in the user’s browser using standard web technologies (localStorage), ensuring that acceptance is persistent and recognized across all open tabs during the session.
- The page containing the full text of the terms and conditions is excluded from these mechanisms to allow free consultation.
This procedure complies with the legal provisions applicable to electronic contracting, particularly Article 1100 of the Argentine Civil and Commercial Code.
By virtue of this, the “User” or “Licensee” expressly accepts that the “Author” or “Licensor” is exempt from formally acknowledging such acceptance, considering the unequivocal manifestation of will made through the described mechanism as valid and binding.
The “User” or “Licensee” may terminate this agreement at any time, without the need to state a cause or make any express declaration, either by ceasing to use the website; or by activating the “terminate” option available in the status message located at the bottom of the page. This function immediately deletes the local record of acceptance stored using standard browser technologies, thereby revoking automatic access to protected content and reactivating the acceptance system.
Termination becomes effective either upon activation of this option or upon discontinuation of the use of the Proyecto WWW, and does not give rise to any right to compensation or obligation of prior notice.
All actions performed while consent was in effect shall remain legally valid. Any subsequent use, without a new acceptance through the implemented mechanism, shall be deemed unauthorized access and use, and may constitute an infringement of the Author’s rights in accordance with Law No. 11,723, the Berne Convention, and other applicable legislation in the Argentine Republic.
IF YOU DO NOT AGREE WITH THE DETAILED TERMS AND CONDITIONS, YOU MUST REFRAIN FROM USING THE PROYECTO WWW.
Executive Summary
The Agreement.
This Agreement grants the “User” or “Licensee” a non-exclusive, gratuitous, and temporary license to use the works protected by copyright that the “Author” or “Licensor” publishes in the Proyecto WWW (website currently hosted on the Blogger platform).
The works include literary, audiovisual, artistic texts, images, photographs, and computer programs, protected by Argentine intellectual property legislation.
No processing of personal data is carried out in the context of activities developed on this website in any form or manner.
Rights Granted:
The User may make one permanent copy for personal, educational, research, or teaching purposes, provided the use is not commercial or for profit.
Temporary reproduction by usual technical means (e.g., caching or syndication in browsers and networks) is permitted.
Modification, transformation, or creation of derivative works without prior and express authorization from the Author is not allowed.
Limitations:
Any form of commercial or profit-making exploitation of the licensed works is prohibited, including obtaining economic benefits derived from the use.
The User must respect the Author’s moral rights, including the right to authorship and integrity of the work, recognized as irrevocable, inalienable, and perpetual under Argentine law.
The “fair use” doctrine or other Common Law limitations are expressly excluded when incompatible with Argentine public order.
Duration and Termination.
The license is indefinite but may be unilaterally revoked by the Author at any time without prior notice or compensation.
The availability of the works also depends on the hosting service (Blogger), which is beyond the Author’s control.
Liability:
The content offered is informational, educational, and didactic and does not constitute professional advice.
The Author shall not be liable for damages arising from the use of the works, except in cases of willful misconduct or gross negligence.
Acceptance and Communications.
Continued use of the site and its contents implies full acceptance of the Agreement and its conditions.
Communications and notifications will be made through electronic means available on the site, without requiring personal data collection.
Jurisdiction and Governing Law.
The Agreement is governed by Argentine law, particularly the Civil and Commercial Code, Law 11,723, the Berne Convention, and Argentine private international law norms (Articles 2594 to 2612 CCCN).
The parties submit:
- To the civil and commercial jurisdiction of San Isidro for general obligations; and
- To the federal jurisdiction of San Martín for matters related to copyright, intellectual property, electronic commerce, or other federal issues.
The Agreement has international validity under applicable treaties and private international law principles, including the Buenos Aires Protocol, the Berne Convention, and the UNIDROIT Principles (Articles 1.7, 1.4, 1.8, etc.), insofar as compatible with Argentine public order.
Issues Related to Validity
This Agreement aims to analyze, from the perspective of private law, in a practical, didactic, and educational manner, the possibility of granting a license to use works protected by intellectual property rights, exhibited or published via the Internet.
Its legal foundation is based on:
- Articles 5, paragraphs 2 and 4(c), and 9(1) of the Berne Convention for the Protection of Literary and Artistic Works, ratified in Argentina by Law 25,140.
- Law 11,723 (Intellectual Property Law), which regulates the rights of authors and licenses of use.
- Articles 958, 961, 962, 971, 973, 979, and 984 of the Argentine Civil and Commercial Code, which establish principles regarding the formation of consent, adhesion contracts, acceptance, and manifestation of will.
It is noteworthy that in this Agreement, the full identity of the “User” or “Licensee” (name, domicile, and capacity to contract), as well as the specific place of performance of obligations, is unknown, which is common in contracts executed in digital and Internet environments.
Judicial Competence and Governing Law:
- For national contracts executed in the Province of Buenos Aires, Article 5(3) of the Civil and Commercial Procedural Code will apply.
- For international contracts with citizens of neighboring countries, the Buenos Aires Protocol on International Jurisdiction in Contractual Matters, incorporated by Law 24,669, will apply, establishing jurisdiction according to the parties’ agreement and the place of contract performance.
Regarding users from non-neighboring countries:
- Many of these countries are also parties to the Berne Convention, which guarantees reciprocal protection of copyright, recognizing the validity and effectiveness of the license contract granted by the Argentine author or licensor within the local legal framework.
- However, some jurisdictions — such as the United States of America — although adherent to the Convention, apply doctrines such as “fair use,” which allow certain limited uses without the explicit authorization of the rights holder.
- This Agreement expressly excludes the application of such Common Law doctrines and clearly stipulates the choice of Argentine law as the substantive law applicable, in accordance with the continental legal system, enforcing the principle of autonomy of will recognized in Article 2596 of the Argentine Civil and Commercial Code (CCCN).
- Furthermore, the Agreement aligns with the Argentine private international law regime (Articles 2594 to 2612 CCCN), granting it extraterritorial validity and international legal effectiveness, without prejudice to public policy limitations that foreign jurisdictions may impose.
- Interpretation and Subsidiary Criteria Applicable to International Contractual Relations: The complementary application of the UNIDROIT Principles of International Commercial Contracts is recognized, insofar as they are compatible with Argentine public order and pertinent to the contractual nature of the relationship.
Particular Considerations:
- For European users, the General Data Protection Regulation (GDPR) requires explicit consent only when personal data processing occurs. Since the Proyecto WWW does not process identifiable personal data, contractual consent is validly manifested through continued access to the website, voluntary use of content, and acceptance of the terms informed in this Agreement, including the legal notice displayed in the entry modal.
- It is clarified that this Agreement is independent of any legal relationship the “Author” or “Licensor” may have with the hosting platform (currently Blogger). Third-party access through such platform or parallel contracts do not alter or affect the conditions agreed upon in this license Agreement.
- Finally, the Agreement establishes a reasonable limitation of liability on the part of the “Author” or “Licensor” and collaborators, considering the opinion-based, evolving, and contingent nature of the digital environment and information technologies (IT).
Motivation
This Agreement seeks to strike a fair balance between the right of every author to the protection of their moral and patrimonial rights and the right of every person to freely participate in the cultural life of the community and enjoy the arts.
This balance is an internationally recognized principle, as established by Articles 1, 11, 21, and 25 of the Universal Declaration of Human Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights, which guarantee both the protection of the moral and material interests of authors and access to culture and scientific and artistic progress.
Within this framework, the license Agreement materializes the will of the “Author” or “Licensor” to authorize, under certain conditions, the use and private copying of their works, respecting their rights and promoting cultural access.
It is important to highlight that international instruments such as the Berne Convention (Article 9, paragraph 2) and the World Intellectual Property Organization (WIPO) Copyright Treaty (Article 10), both incorporated into Argentine law by Law No. 25,140, allow certain limitations or exceptions to copyright in specific cases, generally linked to non-profit uses for study, research, criticism, or teaching, provided they do not affect the normal exploitation of the work nor cause unjustified harm to the author.
Argentine legislation, particularly Law 11,723 on Intellectual Property and Law 25,446, has not expressly incorporated these exceptions, leaving many common activities of librarians, students, teachers, and researchers without legal coverage when making cultural and educational uses of protected works.
Therefore, this Agreement attempts to offer a contractual framework that authorizes certain uses under clear conditions, reconciling the protection of the author with cultural access, in line with international principles and cultural human rights recognized by UNESCO and the United Nations.
It is noteworthy that the “fair use” doctrine developed in U.S. law (Section 107 of the Copyright Act) is considerably broader and more flexible than the limitations provided in the Berne Convention and Argentine legislation. This doctrine allows, in certain cases, commercial or transformative uses of protected works without explicit consent from the author.
Should a foreign jurisdiction be compelled to analyze the validity of this Agreement, the parties manifest their clear and unequivocal will that Argentine substantive law shall apply exclusively, insofar as it does not contravene the public policy of the country in question.
The choice of governing law and jurisdiction does not prevent local or foreign courts from declaring their own competence according to their internal rules. However, such possibility does not modify or annul the legal validity of this Agreement, its binding force, nor the express manifestation of will contained in the User’s or Licensee’s acceptance.
Last content update: Friday, August 8, 2025.
Amendments to Clause Four – Authorization and Use Limitations.
An express, limited, and revocable authorization was added allowing search engine operators (Google, Microsoft, Yahoo, DuckDuckGo, among others) to index Proyecto WWW content solely for descriptive purposes.
The use of meta tags and structured data (JSON-LD) is permitted for descriptions of up to 200 characters, along with the inclusion of a reduced thumbnail image, without reproducing works in full size or outside the context of legitimate indexing.
Effective date: Friday, August 8, 2025.
Previous update: Monday, July 21, 2025.