Legal notice of the Espina Obras Hidráulicas website
I. INTRODUCTION AND IDENTIFICATION DETAILS
This Legal Notice regulates the access and permitted use of the website www.espina.es (hereinafter, the Website), the General Terms and Conditions of which are made available to its users. Under Section 10 of Act 34/2002 of 11 July on E-commerce and Information Society Services, the details corresponding to this website are given below: Owned by: ESPINA OBRAS HIDRÁULICAS, S.A.U. (hereinafter, ESPINA) CIF (Spanish Tax Code): A-15168156 Registered office: Pol. Ind. del Tambre, Vía Edison nº 62 – 15890 – Santiago de Compostela (A Coruña, Spain) Registration details: Register of Companies of Santiago de Compostela, volume 1087, folio 1, Sheet SC-4.945 Email: firstname.lastname@example.org Telephone: +34 981 552 610
Any and all persons accessing and/or using the Website shall be considered users, and as such, they accept, wholly and unreservedly from that very moment, each and every General Term and Condition, as well as any Specific Condition, if any, that may supplement, amend or replace the above with regard to specific services and contents of the Website. In the event of a contradiction or inconsistency between the terms and conditions laid down in said terms, the Specific Terms shall prevail over the General terms. Users undertake to: – Accept and comply with the contents of the Legal Notice in force as well as with any document that is part thereof. – Refrain from abusing, annoying, stalking, threatening or in any other way infringing upon any rights of other users or any third party. -Refrain from removing or attempting to suppress any security measure in place in this Website. -Abide by the current applicable legislation.
III. USE OF THIS WEBSITE
The service provided by this Website is free of charge for its users and does not require previous registration except where a name and an email address are required for the use certain functionalities. In such cases, registration shall be subject to the prior reading and full, express, and unconditional acceptance of the applicable General Terms and Conditions at the time of accessing the Website. Users undertake to use the Website and its services in a way that shall not contravene current legislation, good faith, the generally accepted uses and public order. Moreover, the use of this Website for illicit or injurious purposes against ESPINA or any third person or in any manner that may cause damage or obstruct the normal operation of the Website is strictly prohibited. With regard to the contents of the website (information, texts, pictures, graphs, image and sound files, designs, etc.), the following is strictly prohibited: -Their reproduction, copy, distribution, dissemination, modification, and public communication, except when expressly authorized in writing by their lawful owner or when it is permitted under the law. – Infringing upon the rights of ESPINA or the lawful holders of these rights. – Using them for any commercial or advertising purposes other than those permitted under the law. – Seeking to obtain the contents of the Website by any means other than those made available to users or those that are ordinarily used on the Internet.
IV. PRIVACY AND COOKIES
The Privacy and Cookies Policy of the Website are those laid down in the Privacy and Cookies Policy documents, respectively.
V. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
ESPINA is the owner or has the corresponding license to use the intellectual and industrial rights of the Website as well as the intellectual and industrial rights over the information and materials on the Website, including the structure, selection, arrangement and presentation of its contents, services, and products available through the same. Access, navigation, use, hosting and/downloading of contents and/or the use of the services of the Website by users may under no circumstance be construed as a waiver, transfer, license or total or partial assignment of the above rights on the part of ESPINA or the holder of such rights, as the case may be. Consequently, deleting, removing, or altering the copyright notice or any other identification details of rights of ESPINA or of the respective holders of contents and/or services added to the website, including the technical protection devices or any informative and/identification mechanism included in the contents is prohibited. References to brand names or registered trademarks, logos or other distinguishing signs, whether they are the property of ESPINA or of third companies, shall be deemed to contain an implicit prohibition on their use unless the written consent of ESPINA or their lawful owners is granted. Under no circumstance, unless otherwise expressly stated, does accessing or using the Website and/or its contents grant any right whatsoever over the brand names, logos and other distinguishing marks on the Website that are protected by law. All industrial and intellectual property rights are reserved, and in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate or make second or subsequent communications, load files, send by email, transmit, use, process or in any manner distribute all or part of the contents and products included in the Website for public or commercial purposes unless so expressly authorized in writing by ESPINA or by the holder of said rights, as the case may be. For the purposes of preserving any possible intellectual property rights, should any user or a third party consider that there has been a violation of their lawful rights by including certain contents on the website, he or she must give notice of such circumstance to ESPINA, indicating: – Personal details of the holder of the allegedly infringed rights. If the claim is made by a third party other than the party concerned, he or she must indicate in which capacity he or she is acting. -Which contents are protected by intellectual property rights and their location on the website. -Accreditation of said intellectual property rights. -Express statement in which the party concerned assumes responsibility and attests to the veracity of the of the data and information provided in the notice.
VI. ENTITLEMENT TO DIVULGE
In the event that a user sends information of any nature to ESPINA through its Website, using the channels available to this end, the user represents, warrants and covenants that he or she is free to do so and that such information does not infringe any copyright, trademark right, patent right, trade secret or any third party right, that such information is not confidential and does not damage third parties. The user takes responsibility and shall indemnify ESPINA for any communication personally provided or on his or her behalf, including and with no restriction whatsoever, its accuracy, legality, originality, and entitlement.
VII. LIABILITIES AND WARRANTIES
The contents on this Website are provided for information purposes only and may not be construed as a recommendation to invest, enter into a transaction or the like. ESPINA makes no representation or warranty nor may it be held liable, not even indirectly or vicariously, for any damages that may arise from any cause, including but not limited to: -Errors or omissions in the contents or services. – The lack of usefulness, suitability, or validity of the Website and/or its services or contents to satisfy the needs, activities, specific purposes, or the expectations of the users. – The lack of availability, maintenance, and effective functioning of the Website and/or its services or contents. – The existence or the transmission of viruses or malware in their contents. – The use by Website users of its services or its contents in ways that are improper, illicit, negligent, fraudulent, contrary to the applicable General Conditions or good faith or the generally accepted uses and public order. – The receiving, obtaining, storage, dissemination, or transmission of contents by users. The unlawfulness, lack of quality, reliability, usefulness and availability of the services provided by third parties and made available to users on the Website. – The failure by third parties to fulfil their obligations or commitments in relation to the services provided to the users through the Website. ESPINA declares that it has taken all necessary measures, within its capabilities and those of the state of the art, to ensure the operation of the Website and prevent the existence and spread of viruses and other malware to users. Should a user have any knowledge that any content is illegal, illicit, contrary to law or which may be an infringement on industrial and/or intellectual property rights, he or she should immediately notify it to ESPINA so that it may take appropriate measures.
VIII. LINKS POLICIES
The Website may provide links to other unaffiliated websites owned by third parties and over which ESPINA has no control whatsoever. ESPINA may take no responsibility for its contents, information, representations or warranties, or services available. In consequence thereof, ESPINA may under no circumstance be held liable, not even indirectly or vicariously, for the results that users may obtain as a result of their access to said links, their contents or the services made available to the public on these third-party websites, nor may it provide any warranty of the technical availability, quality, reliability, accuracy comprehensiveness, veracity, validity and constitutionality of any material or information in said websites. No association, collaboration or dependency between ESPINA and the owner of the third-party website may be implied by the inclusion of these external links. If any user/entity or website wishes to provide any link to the Website, the following provisions must be adhered to: -Prior express authorisation in writing must be obtained from ESPINA. – The link shall be absolute and complete, in such a way that by clicking it, it must link the user to the URL of the website, and it shall comprise the full extension of screen in the home of the Website. Under no circumstance, except when ESPINA expressly should authorize so in writing, the linking website may totally or partially reproduce the Website, include it as part of its website or within one of its frames, or create a browser about any of the pages of the Website. – In the linking website it may not be declared that ESPINA has authorized the link except where ESPINA has expressly done so in writing. No false, inexact, or denigrating representations or warranties may be made in respect of the Website. No statement will be made or implied that ESPINA collaborates, is a collaborating part or that, in any way whatsoever, it has supervised or endorsed the contents or services offered or made available at the linking website. -If the entity linking its website to the Website should wish to correctly include in its website the brand name, trademark, label, logo, slogan, or any other element identifying ESPINA or the Website, previous express authorization in writing must be obtained. – ESPINA does not authorize a link to the Website from those websites that have materials, information or contents that are illicit, unlawful, denigrating, obscene, and generally, include contents that violate current legislation, that contravene moral, public order, generally accepted social standards or may be harmful to the rights of third parties. Under no circumstance may ESPINA be held responsible for the contents made available to the public on the linking website or the representations and warranties and information included therein.
IX. DURATION AND AMENDMENT
ESPINA may totally or partially modify the terms and conditions laid down herein by publishing any modification in the same manner that this Legal Notice is published or through any means of communication addressed to the users. This Legal Notice shall remain valid for as long as it remains on the website and until such time that it is totally or partially modified. As soon as the amended Legal Notice is published on this Website, it will come into force. Notwithstanding the above, ESPINA reserves the right to discontinue, suspend or terminate its Website service or any other contents that make up the Website without its users having any right to demand compensation. Furthermore, the structure and design of the Website, its contents and the terms and conditions for access and use may be changed and services may be cancelled or added unilaterally and with no prior notice when deemed appropriate.
The headings of the different clauses contained in this Legal Notice are of an informative nature and may not affect, qualify, or extend the interpretation of the same. Should there be inconsistencies between the contents of this Legal Notice and the Specific Terms and Conditions of each specific service, the contents of the latter shall prevail. Should any provision in this Legal Notice be deemed null or unenforceable, in whole or in part, by any Court of Justice or relevant administrative authority, such nullity or unenforceability shall not affect the remaining provisions of this Legal Notice. Failure on the part of ESPINA to exercise or enforce any right or provision in this Legal Notice may not be construed as a waiver of the same, unless so acknowledged in writing by the company.
XI. APPLICABLE LAW AND VENUE
The terms and conditions in this Legal Notice shall be governed by Spanish law. Any conflict that may arise between ESPINA and the users shall be submitted to the Courts of Santiago de Compostela, with express waiver of any other general or special jurisdiction that may correspond to any of the parties.