I.- IDENTIFYING DATA:
Pursuant to that established in Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, below can be found the general information data for this website:
The web domain owner is: Oficina Técnica de Estudios y Control de Obras S.A. (hereinafter “OFITECO”), domiciled for these purposes at Calle Sepúlveda, 6 (Polígono Industrial) Alcobendas (Madrid - Spain), Postcode: 28108. CIF (Tax ID Code: A-28270122, registered in the Mercantile Registry of Madrid. Volume 2.786. General 2.111 Section 3ª. Folio 131. Page 19.047. Inscripción 1ª. With contact email address: email@example.com, telephone number: (34) 91 535 22 10 and fax number: (34) 91 535 37 42.
Anyone accessing and/or using the OFITECO website is attributed the status of "User", who hereby fully accepts with no reservations, as of the moment of said access and/or use, these general conditions, as well as any particular conditions that may, as applicable, supplement, amend the General Conditions regarding certain services and content of the website.
III.- USE OF THE WEBSITE, ITS SERVICES AND CONTENT:
The User undertakes to use this website, as well as its services and content, without contravening current legislation, generally accepted uses, good faith and public order.
It is hereby prohibited to use the OFITECO website for illicit purposes or for the purpose of doing harm to OFITECO or, if applicable, to any third party. Similarly, any use that could in any way cause damage to, or prevent the normal operation of the website, is hereby prohibited.
As regards content (information, texts, graphics, sound and/or image files, photographs, designs, etc.), the following express prohibitions apply:
- Their reproduction, distribution or modification, unless authorisation is held from their legitimate owners or it is legally permitted.
- Any infringement of OFITECO's rights, or the rights of the legitimate owners of the content.
- Its use for any type of commercial or advertising purposes other than those strictly permitted.
- Any attempt to obtain content from the website by any means other than those made available to users, as well as those that are commonly used on the Internet, provided that such an attempt does not cause any damage whatsoever to the OFITECO website.
This notwithstanding, the user assumes responsibility for the diligent use of the portal, extending to any registration that may be necessary for accessing certain services and content. Similarly the User undertakes to make appropriate use of the content and services that OFITECO offers through its portal, including, but not limited to not using said content and services to (i) engage in activities that are illicit, illegal or contrary to good faith or public order; (ii) propagate content or propaganda of a racist, xenophobic or pornographic nature, that apologises for terrorism or infringes human rights; (iii) cause damage to physical and logical systems belonging to OFITECO, their suppliers or third parties, upload to the network or propagate computer viruses or any other physical or logical systems that could provoke the aforementioned damaged; (iv) attempt to access and, if applicable, use the email addresses of other users and modify or manipulate their messages.
OFITECO reserves the right to remove any comments and contributions that violate respect for the dignity of individuals of a discriminatory, xenophobic, racist or pornographic nature, or that break the law, go against public order or that, in OFITECO's opinion, are not suitable for publication.
The User takes responsibility for their use of the portal. This responsibility extends to any registration that may be necessary to access certain services and content.
IV.- DATA PROTECTION:
OFITECO complies with the directives of Organic Law 15/1999, of 13 December on Personal Data Protection; it complies with Royal Decree 1720/2007, of 21 December, which approves the regulation developing the organic law.
In scrupulous compliance with current legislation, and for the purpose of guaranteeing the correct use and processing of personal user data, Users will be notified of the existence and their acceptance of the particular processing conditions and, if applicable, the communication of data to third parties, along with each personal data collection form for any services that the User may request from OFITECO
V.- INTELLECTUAL AND INDUSTRIAL PROPERTY:
For the purpose of preserving any possible intellectual property rights, in the event that any user or third party considers that their legitimate rights have been violated due to the insertion of certain content on the website, they must notify OFITECO of these circumstances by indicating:
- The personal data of the interested party who owns the allegedly infringed rights. If the claim is submitted by a third party other than the interested party, they should indicate the capacity in which they act.
- Which content is protected by the intellectual property rights and where it is located on the website
- Accreditation of the aforementioned intellectual property rights.
- Express declaration that the interested party accepts liability for the accuracy of information provided in the notification.
The OFITECO brand and its corresponding graphic trademarks are all registered trademarks and their reproduction and use are prohibited without authorisation from their owner.
The legitimacy of intellectual property or industrial property rights corresponding to the content provided by third parties is the exclusive responsibility of said third parties.
The User undertakes to respect intellectual and industrial property rights belonging to OFITECO, or to third parties that may appear on OFITECO's web page. Elements of the portal may be viewed and even printed, copied and/or stored on the hard disk of the user's computer or in any physical format provided that this is done solely and exclusively for their personal and private use. The User must abstain from deleting, altering, manipulating or circumventing any protection device or security system that may be installed on OFITECO's web page.
VI. EXCLUSION OF GUARANTEES AND LIABILITY
OFITECO, neither accepts any guarantee nor liability, in any case, for any damage and injuries of any nature that may be caused, including but not limited to:
- Errors or omissions in content
- Lack of availability, maintenance or effective functioning of the website and/or its services or content
- Lack of usefulness, appropriateness or validity of the website and/or its services or content for meeting requirements, providing specific activities or results or meeting user expectations
- The presence of viruses or malicious or harmful programs in the content
- Users that receive, obtain, store, propagate or transmit the content
- Illicit, negligent or fraudulent use of the website, its services or content by the users, in contravention of these General Conditions, good faith, generally accepted use or public order
- Lack of lawfulness, quality, accuracy, usefulness and availability of services provided by third parties and made available to users on the website
- Default by third parties on obligations or commitments related to services provided to users through the website
The foregoing applies despite the fact that all technological measures necessary for avoiding such circumstances have been adopted.
In the event that links or hyperlinks to other Internet sites are made available on the OFITECO website, OFITECO does not exercise nay control over the sites or content in question.
The establishment of any "hyperlink" between any web page and the web address of the OFITECO website will be subject to the following conditions:
- Reproduction, in full or in part, of any of the services or content on the OFITECO website is not permitted.
- Deep links to website web pages or their services will not be established, and a browser or border environment will not be created over these.
- The web page on which he hyperlink is established will not contain any brand, trade name, company sign, denomination, logo, slogan or other distinctive signs belonging to OFITECO.
- Under no circumstances will OFITECO be responsible for the content or services made available to the general public on the web page containing the "hyperlink", or the information or statements contained therein.
VIII.- UNILATERAL AMENDMENT OF THESE CONDITIONS
OFITECO may, acting unilaterally and without prior notification, whenever deemed appropriate, amend the structure and design of the website and may amend or eliminate the services, content and access and/or usage conditions of the website.
The website service itself, and services may be provided indefinitely.
This notwithstanding, OFITECO reserves the right to interrupt, suspend or terminate the provision of web services or any other services forming a part thereof, under the same terms as laid down in condition three.
X. APPLICABLE LEGISLATION AND JURISDICTION
These General Conditions will be governed by Spanish legislation.
OFITECO and the User hereby renounce any other jurisdiction that may correspond to them and submit themselves to the jurisdiction of the courts and tribunals of Madrid for any issues that may arise or actions that may be taken as a result of providing the web service and its services and content, and pertaining to the interpretation, application, compliance or non-compliance with that established herein.
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