1. INTRODUCTION AND COMPANY INFORMATION
This is the Legal Notice of the Website owned by ENA INFRAESTRUCTURAS, S.A. (hereinafter, ENA), available at URL www.ena.es.
ENA is a company with a registered address in Madrid, C/ Poeta Joan Maragall, 1 – 11ª Pl.
The most direct and efficient way to contact ENA is by sending an e-mail to email@example.com or by calling: (34) 91-417-0800.
2. OBJECT AND SCOPE OF APPLICATION
Access to certain contents and the use of certain services may be subject to Specific Conditions that, depending on the case, may substitute, complete and/or modify this Legal Notice or the General Terms and Conditions or, in some cases, the Specific Conditions. In the event of contradiction between the General Terms and Conditions and this Legal Notice, the Specific Conditions will prevail.
By accessing, browsing and using the Website, the User acknowledges acceptance of this Legal Notice.
In this respect, the User is understood as the person who accesses, browses or views the Contents posted on the Website and the Registered User as the person who accesses, browses the site and registers to use, post and/or download Contents and/or use Website Services.
3. USER OBLIGATIONS
It is not necessary to register to access and browse the Website, although it may be necessary to provide information, such as a name and an e-mail address, in order to use certain features.
Children under the age of 14 are not allowed to access and browse the Website, without express prior consent from their parents, guardians or legal representatives, who will be considered responsible for the actions of minors under their charge, in accordance with current legislation. It will be assumed that access by minors to the Website has been made with the prior and express consent of their parents, guardians or legal representatives.
The User agrees:
- To accept and comply with the provisions of this Legal Notice and any other document that forms an integral part of it.
- Not to store or communicate Contents on the Website that are contrary to current legislation, morals or public order, or those that are defamatory, abusive, obscene, sexually explicit, offensive, violent, or which incite violence, or are racist, xenophobic or, in general, are illegal or infringe upon the rights and/or physical and moral integrity of individuals.
- Not to disseminate personal information of other Website Users, without their prior express consent.
- Not to defame, abuse, harass, stalk, threaten or infringe in any other way upon the rights of.
- Users or those of any other individuals.
- Not to eliminate or attempt to suppress the security measures established and implemented on the Website.
- To comply with the provisions of current legislation.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
ENA is the owner of the rights or has obtained the corresponding license to use the intellectual and industrial property on the Website, as well as the intellectual and industrial property rights pertaining to the information and material it contains, the structure, selection, order and presentation of the Contents, Services and products offered, plus the computer software employed.
In no case does accessing, browsing, using, hosting and/or downloading Contents and/or using the Website Services imply any kind of waiver, transmission, license or total or partial transfer of the above-mentioned rights by ENA to the User or, as the case may be, by the owner of the corresponding rights. The User is entitled to a strictly private use only, for the sole purpose of receiving the Services provided.
Consequently, deleting, evading or tampering with the copyright notice or with any other data identifying ENA’s rights or those of the respective owners that are contained in the Contents and/or Services, or with any other technical protection devices or information and/or identification mechanisms contained in them is not allowed.
In particular, it is strictly forbidden to include the contents of this Website on any other websites, either partially or totally, without the prior written consent of the owners of the Website.
The use of references to commercial or registered trademarks and brands, logos or other distinctive marks, whether the property of ENA or of third party companies, is implicitly prohibited without the consent of ENA or the legitimate owners. At no time, unless otherwise expressly stated, does access or use of the Website and/or its Contents or Services grant the User any rights whatsoever to the brands, logos and/or distinctive marks contained on the site, which are protected by Law.
All intellectual and industrial property rights are expressly reserved and, in particular, modifying, copying, reusing, exploiting, reproducing, transforming, publicly communicating, making a second or successive publication, loading files, sending by mail, transmitting, using, processing or distributing in any way all or part of the Contents and products contained on the Website for public or commercial purposes is prohibited without the express written consent of ENA or, if appropriate, of the holder of the corresponding rights.
5. COMMUNICATIONS LICENSE
In the event that the User might send information of any kind to ENA using the Website, through the channels provided for this purpose on the Web Page itself, the User states, guarantees and accepts the right to do so freely and that said information does not infringe upon intellectual property, brand or patent rights, business secrets or any other rights of third parties, and that said information is not confidential in nature and will not be damaging to any third party.
The User acknowledges acceptance of this responsibility and holds ENA harmless for any communication personally provided, or submitted in his or her name, fully accepting this responsibility without any restrictions at all of exactitude, legality, originality or ownership of the same.
6. RESPONSIBILITIES AND GUARANTEES
ENA cannot guarantee the reliability, usefulness or veracity of the services or information provided on the Website, or the usefulness or veracity of the documentation of events that can be acquired through the Website, which is prepared by professionals from a wide variety of sectors.
As a result, ENA does not guarantee and denies any responsibility for: (i) the continuity of contents on the Website: (ii) the absence of errors in these contents or products; (iii) the absence of viruses and/or other harmful elements on the Website or on the corresponding server; (iv) the invulnerability of the Website and/or the impregnability of the security measures that have been adopted in it; (v) limited usefulness or underperformance of the contents and products on the Website; (vi) the damages caused to themselves or to third parties by any person who infringes upon the conditions, rules and instructions that ENA has established on the website, or who violates the website’s security systems.
Nonetheless, ENA can state that it has adopted all necessary measures within its capabilities, and given current technology, to guarantee the proper operation of the Website and to prevent the existence and transmission of viruses and other elements that could be harmful to users.
Should any User have knowledge of the existence of any content that is illicit, illegal or contrary to law or that might represent a violation of intellectual and/or industrial property rights, ENA should be notified of this immediately so it can take appropriate action.
7.1. Links to other Websites
On the Website, the User may find links to other webpages through different buttons, links, banners, etc., which are managed and controlled by third parties. ENA has neither the human resources nor the technical abilities to have knowledge of, control or corroborate all the information, contents, products or services facilitated by other web pages that have established links on the Website.
Consequently, ENA cannot assume any kind of responsibility for any aspects related to web pages that have links within the Website. This includes but is not limited to operation, access, data, information, files, quality, reliability of products and services, its own links and/or any of its contents, in general.
In this respect, if a User were to have actual knowledge that unlawful activities are being carried out on these third-party web pages, they should notify ENA immediately so that it can proceed to disable the link facilitating access to that page.
The establishment of any kind of link on the Website to other pages does not imply that there is any kind of relationship, collaboration or dependence between ENA and the authorities of the web page in question.
7.2. Links on other Web Pages to the Website
If any User, entity or website wishes to establish a link with the Website, it must be done in accordance with these stipulations:
- The link can only lead to the Main Page or the Home Page of the Website, unless express written authorization has been obtained from ENA.
- The link must be absolute and complete, that is, it must lead the User, with just one click, to the URL address of the Website and the Home Page of the Website must fully occupy the screen upon opening. In no case, except with the express written authorization of ENA, may the web site creating the link reproduce the Website in any way, or include it as part of its own web site or within one of its frames or create a browser for any of the pages of the Website.
- On the page where the link is established, no statements of any kind may be made suggesting that ENA has authorized said link, unless express written authorization has been provided by ENA. If an entity that has placed a link leading to the Website in the approved manner on its own web page wishes to include the brand, name, trade name, graphics, logo, slogan or any other identifying element of ENA and/or the Website on its own web page, it would have to secure the express written authorization of ENA prior to doing so.
ENA does not authorize the establishment of links to the Website on any web page that contains materials, information or contents that are illicit, illegal, degrading, obscene, or, generally speaking, offensive to widely accepted moral values, public order or social norms.
7.3. Services provided by Third Parties through the Website
ENA does not guarantee the lawfulness, reliability or usefulness of any Contents provided by third parties on this Website or those in which ENA acts merely as an advertising channel.
ENA will not be held responsible for harm or damages of any nature caused by services or contents provided by third parties that are posted on the Website, especially those caused by:
- Failure to comply with the law, moral values or public order.
- The transmission of a virus or any kind of computer-related code, file or program that might damage, interrupt or hinder the normal functioning of any given software, hardware or telecommunications equipment.
- The infringement of intellectual or industrial property rights, or contractual commitments of any kind.
- Any unlawful, misleading or unjust advertising activities that, generally speaking, constitute unfair competition.
- The lack of veracity, accuracy, quality, relevance and/or timeliness of the Contents transmitted, distributed, stored, received, obtained or made available or accessible.
- The infringement of any rights to honor, to personal or family privacy, including images of persons and, in general, any kind of third-party rights.
- The inappropriateness for any particular purpose and the failure to fulfill the expectations generated by the Content, as well as any defects that might result from third parties.
- The non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations assumed by third parties and contracts entered into with third parties.
- The communication of data between Users.
ENA will not be held responsible in cases in which third-party entities advertise their services and/or Contents on the Website, in regard to the veracity of the information provided by the supplier of such services and/or the Contents, or for obtaining the necessary administrative authorizations which suppliers may be required to have for the provision of their services, or for the infringement of third party rights by the supplier or, in general, for any obligations or guarantees for which the supplier is responsible before the User.
ENA does not have the authority or the human or technical resources to have knowledge of, control or corroborate all the information, contents and products and services facilitated by other sites that have established links on the Website.
ENA assumes no responsibility whatsoever for any aspects related to the web page establishing a link to the Website, in particular, including but not limited to operation, access, data, information, files, quality, reliability of products and services, its own links and/or, in general, any of its contents.
9. PERSONAL INFORMATION
ENA does not collect personal information using web forms. If it were to do so, the processing of personal information on this Site would be in accordance with the provisions of Organic Law 15/1999 on Personal Data Protection.
10. DURATION AND MODIFICATION
ENA may modify the terms and conditions stipulated here at any time, partially or totally, by publishing any change in the same format as this Legal Notice or by way of any type of communication directed towards Users.
Therefore, the temporary duration of this Legal Notice coincides with the period of time it is displayed, up until it is modified, totally or partially, at which time the modified Legal Notice will come into effect.
Regardless of what is stipulated in the specific terms and conditions, ENA may, at any time and without the need to give advance notice, terminate, suspend or interrupt access to the contents of the Website, without the User having any right to demand compensation. Following any such termination, the prohibitions regarding content usage previously outlined in this Legal Notice will remain in force.
The headings of the different clauses are for information purposes only and they do not affect, qualify or broaden the interpretation of the Legal Notice.
In the event that discrepancies arise between what is established in this Legal Notice and any particular conditions of a specific service, the specific conditions will prevail.
In the event that any provision(s) of this Legal Notice were to be ruled null and void or inapplicable, in whole or in part, by any Court, Tribunal or any other competent administrative body, such a ruling would not affect the other provisions of the Legal Notice.
Should ENA not exercise or execute any rights or provisions contained in this Legal Notice, this would not constitute a waiver of such rights or provisions, unless agreed to and acknowledged in writing by ENA.
The relationship established between ENA and the User is governed by the provisions established under current law regarding existing legislation and competent jurisdiction. However, in those cases in which the legislation foresees the possibility of the parties submitting to a jurisdiction, ENA and the User, with express waiver of any other jurisdiction to which they may be entitled, will submit all disputes and lawsuits to the Courts and Tribunals of the city of Madrid (Spain).