Legal notice - Madrid Nuevo Norte

Legal notice

LEGAL NOTICE

DISTRITO CASTELLANA NORTE, S.A. (“DCN”), provides the Users (“User” or “Users”) of this website www.distritocastellananorte.com (“Website”) the following general information, in compliance with Article 10 of Law 34/2002 of July 11, on Information Society and Electronic Commerce Services (LSSI in Spanish).

The website distritocastellananorte.com is owned by DISTRITO CASTELLANA NORTE, S.A. (DCN), with Tax ID No. A80736903, registered in the Madrid Company Register, volume 7.194, page 193, sheet M-116748, with registered office at 216 Castellana Avenue, 15th floor, 28046 Madrid. It aims to provide its customers and Users information on the project under development to meet its corporate goal. The User may send their queries to DCN at info@dcnmadrid.com

All trademarks, trade names and/or logos of any kind that appear on the Website are the property of DCN or third-party partners, and the use or access to the website and/or services thereof shall not be construed as conferring the User any rights in the brands, trade names and/or logos mentioned above.

Similarly, the contents published on the Website, its graphic design, images, database and source code are the intellectual property of DCN or third-party partners and, according to this Legal Notice, shall not be construed as assigning the User exploitation rights that exist -or may exist- to such contents beyond what is strictly required for the correct use of the Website and the services provided thereof.

Access to the Website is the sole responsibility of the Users. The mere access to this Website does not imply any commercial relationship between DCN and the User. By accessing the Website, the User agrees to its General Terms of Use.

Users must comply at all times with the terms of use of this Website (“Terms of Use”) detailed below.

WEBSITE TERMS OF USE

The following Terms of Use govern DCN’s website.

The Terms of Use and Legal Notice, the Personal data protection policy and  Cookies Policy (jointly referred to as “Website Terms and Conditions”) govern the access to and use of this Website.

By accessing and using the Website User’s agrees to be legally bound by and comply with the Website Terms and Conditions. Given that the Website Terms of Use may be subject to modifications, Users should carefully read all Website Terms and Conditions whenever they access the website, as any changes will be notified with each access. DCN reserves the right to update, modify or delete these Website Terms and Conditions.

The User freely and expressly acknowledges and accepts sole responsibility for access to and use of the website and its contents. Access to the website and its contents does not guarantee, in any way, that the website and its contents are suitable for particular or specific purposes pursued by the Users. DCN may establish additional restrictions and/or conditions for the use of and/or access to the website and its contents, which the Users agree to observe and follow.

The contents of this Website are for information purposes only, and shall not be construed as a source of contractual or other legal obligations or liabilities.

Where the User fails to comply with the content or obligations arising from the Website Terms of Use or other terms or conditions therein, DCN reserves the right to restrict, suspend or terminate the User’s access to the Website, adopting the necessary technical measures to enforce this right. Furthermore, DCN reserves the right to implement such measures on reasonable suspicion that the User is breaching any of the Website Terms of Use or any other term or condition contained in the Website.

User’s Terms of Use and Obligations

The User undertakes to make appropriate and lawful use of the Website and its contents in accordance with the relevant legislation, Terms of Use, generally accepted moral standards and social norms, good faith and legal order.

The User shall refrain, among other things, from:

  • making unauthorised or fraudulent use of the Website and/or its contents;
  • accessing or attempting to access restricted resources or areas created by DCN on the Website when the User does not meet eligibility requirements;
  • using the Website and its contents for unlawful or illegal purposes, or purposes contrary to these Terms of Use, good faith and legal order, detrimental to the image, rights and interests of DCN or third parties, or that in any way may damage, render inoperative or overload the website or prevent the normal use or enjoyment thereof;
  • causing damage to DCN’s hardware or software;
  • uploading or spreading computer viruses or any other hardware or software intended to interrupt, destroy or impair the proper functioning of any computer software or hardware or communication system and/or likely to cause damage to DCN’s software or hardware systems;
  • attempting to unlawfully access, use or manipulate DCN data.
  • distributing, enabling public access by any means of communication, altering or modifying the web contents, without the prior and express consent of DCN or when permitted by law;
  • deleting, suppressing or manipulating intellectual or industrial property notices and other data identifying DCN’s rights or, where appropriate, those of third parties incorporated into the contents, as well as technical protection measures or other information mechanisms that may be included in the contents;
  • obtaining or attempting to obtain contents through means or procedures other than those contained or made available, as applicable, for this purpose, or, in general, those commonly used online that do not pose a risk of damaging or rendering inoperative the Website and/or its contents;
  • modifying the source code of any web page;
  • using, wholly or partly, the contents, images or data contained herein to promote, sell, request, advertise or disclose proprietary or third-party information without prior written authorisation from DCN;
  • including hyperlinks in their private or commercial websites that link to DCN’s website, when such hyperlinks are not strictly and exclusively limited to enabling access to their website’s homepage;
  • including “meta tags” (references) to DCN’s trademarks, trade names or distinctive signs on websites owned or controlled by the User;
  • reproducing, wholly or partly, this Website on another website or creating frames around any part of DCN’s website or websites accessible from their website that hide or modify DCN’s content, advertising spaces and brands, whether or not this constitutes unfair competition or creates confusion; and
  • introducing a hyperlink on a website owned or controlled by the User that opens a new browser window or session on the User’s website, which includes the User’s brands, trade names or distinctive signs, and shows the homepage and/or other pages on this Website without the prior consent of DCN.

Users Hyperlinks

Users who wish to set up a hyperlink or link between their website and DCN’s website must comply with the following requirements:

  • the link shall only allow access to the Website, but may not reproduce it in any way;
  • links to pages other than the Website (“homepage”) are not allowed;
  • frames) nor border environments that reproduce the Website’s homepage and/or pages accessible from this Website shall not be created without the prior consent of DCN;
  • no false, inaccurate or misleading statements or indications may be made in respect of DCN’s Website;
  • the User may not claim or imply that DCN has in any way supervised or endorsed the contents or services offered or advertised on the website from which the hyperlink is set up;
  • the website from which the hyperlink is set up shall not contain any brand, trade name, shop sign, name, logo, slogan or other distinctive signs owned by DCN and/or third parties without prior consent;
  • the website from which the hyperlink is set up shall not contain unlawful information or content that incites violence, aggressive or antisocial behaviour, dangerous practices, contravenes common decency and generally accepted social norms and legal order; and
  • the link will indicate the correct name of DCN’s website. DCN reserves the right to modify or extend in general these obligations or on a case-specific basis. The inclusion of the link does not imply a relationship between DCN and the owner or operator of the website on which it is set up, nor shall it be construed as awareness, acceptance and/or approval by DCN of its contents and/or services. DCN shall not under any circumstances be held liable for any consequence stemming from the inclusion of links by third parties, nor for the contents, information and/or services offered on the websites from which the link has been set up.

Modifications

DCN reserves the right to modify and update the Website Terms and Conditions at any time, without prior notice, and to modify, update or delete, without notice, the information contained therein. Likewise, DCN reserves the right to modify and update the appearance (including the “lookandfeel”), content, configuration and location of the Website.

Links or hyperlinks on the website and third-party information

The purpose of links or hyperlinks, as well as third-party information and from other sources, is exclusively to inform the User about the existence and location of these other sources of information that complement those offered on this website.

DCN shall not be liable for any consequence stemming from these links or from information obtained from other sources. The hyperlinks or sources mentioned above shall not be construed under any circumstances as a recommendation, sponsorship or distribution of information, products or services by DCN.

DCN shall not under any circumstances be held liable for any consequence stemming from the hyperlinks found on its website or third-party websites, nor does DCN guarantee the absence of viruses or other elements that may damage or alter the User’s computer system (hardware and software), documents or files, including any liability for damages of any kind caused to the User for this reason.

Although the links are regularly monitored to prevent that happening, where the User or third party considers that the contents or services provided by the linked sites are illegal, violate constitutional values or principles, or infringe the rights and assets of the User or a third party, it shall immediately notify DCN at info@dcnmadrid.com.

Links and hyperlinks may only be set up under the following terms:

  • The link shall only point to the Website’s home page.
  • The link may not consist of frames that allow the Website to be viewed via Internet addresses other than those of the Website, or in any other way display information from the Website and that from other websites.
  • The website (“Linking Site”) to which the Website is cross-linked must not contain any false, inaccurate, or misleading statements about the Website and/or DCN.
  • Under no circumstance does the authorisation granted by DCN mean that: (i) DCN sponsors, collaborates, verifies or monitors the contents and/or services rendered through the Linking Site; nor (ii) DCN is in any way liable for the contents of the Linking Site.
  • The Linking Site must strictly comply with the law, and may not host either their own or third party content that: (i) is unlawful, adversely affects the rights of third parties, harmful, demeaning, violent, inappropriate or in any other way contravenes common decency and generally accepted social norms (pornographic, racist, etc.); (ii) gives or may give the User the false impression that DCN subscribes, endorses, adheres to or, in any way, supports the ideas, statements or expressions, either lawful or unlawful, of the submitter; and (iii) is inappropriate or irrelevant to DCN’s activity.
  • DCN will take appropriate legal measures in the event of non-compliance with any of the terms detailed above.

Linked Sites

  • DCN may include various technical linking devices to enable the User’s access to other websites (“Linked Sites”) to find additional information. In such cases, DCN may act as an intermediary service provider under Article 17 of the LSSI. Under this Law, DCN shall not be held liable for the services and contents provided via the Linked Sites, except where it has reliable information about illegal content and has not disabled the link with due diligence.
  • The existence of Linked Sites may not be construed under any circumstances as a recommendation, promotion, identification, or endorsement by DCN of the statements, contents, or services provided via the Linked Sites. Consequently, DCN shall not be held liable for the contents of the Linked Sites or their terms of use or privacy policies. The User is solely responsible for verifying and accepting them whenever such websites are accessed and used.

Reporting unlawful and inappropriate activities

Where the User or any other Internet user becomes aware of any information or content on the Website or provided therefrom, that is unlawful, harmful to the rights of third parties, damaging, degrading, violent, inappropriate, contrary to the provisions of these Terms of Use or otherwise contrary to common decency and social norms, the User shall contact DCN and provide the following information:

  • personal data of informant: full name, address, telephone number and email address;
  • description of the unlawful or inappropriate content or information and its location, i.e. specific address;
  • where third party rights such as intellectual and industrial property rights are infringed, details of the rights holder shall be provided when the person is someone other than the informant. Furthermore, documentation supporting the informant’s claim to be the holder of the infringed rights must be provided, and where applicable, a power of attorney to act on behalf of the rights holder.
  • Under the LSSI, receipt of the notification by DCN shall not be construed as first-hand knowledge of the activities and/or content detailed above by the informant when such information is neither notorious nor apparent. In any case, DCN reserves the right to suspend or remove the content that, despite not being unlawful, contravenes the regulations established in these Terms of Use, taking into consideration, in each case, the competing legal interests.

DCN Disclaimer

The User should be aware that communications via open networks may be compromised by a variety of threats and may not be considered secure. The User is responsible for implementing appropriate technical measures to reasonably control these threats, including regularly updating malicious software detection systems (for viruses, Trojans, etc.), and keeping browsers updated with security patches. For further information, contact your Internet provider for appropriate solutions to meet your needs. To the fullest extent under applicable law, DCN shall not be held liable for damages or losses caused to the User from risks inherent to the media used, as well as by vulnerabilities in the User’s systems and tools. Nor does DCN guarantee that its systems are fully secure. Despite the appropriate security measures in place, the existence of vulnerabilities cannot be entirely ruled out, and therefore, the User must exercise caution when interacting with the Website.

In particular, DCN will not be liable for:

  • Damage or loss of any type caused to the User’s computer system by viruses, worms, Trojans, or other harmful elements.
  • Damage or loss of any type caused to the User by failures or outages in the communication systems that result in the suspension, cancellation or interruption of Website’s services. In this respect, the User hereby acknowledges that access to the Website requires reliance on services provided by third parties beyond DCN’s control (for instance, telecom network operators, access providers, etc.); therefore, DCN shall not be held liable for reliability, quality, continuity and operation.
  • Information provided by third parties when DCN acts as an intermediary service provider within the meaning of the LSSI, unless DCN has first-hand knowledge and the information has not been removed.
  • Similarly, DCN shall not be held liable for any direct or indirect damages or losses that Users may sustain due to improper use of this Website or its content, and does not commit to notifying changes or modifying contents.

Industrial and intellectual property rights

The User acknowledges and accepts that all industrial and intellectual property rights for the contents, and/or any other elements on the Website (including, but not limited to, brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentations, “lookandfeel“, audio and video, source code, design and navigation structure) are owned by DCN, which has the exclusive rights to exploit them in any way and, in particular, the right of reproduction, distribution, public communication and transformation. Access to the Website shall not be construed as a total or partial waiver, transfer, licence or assignment of said rights. These Website Terms of Use do not confer the Users the right to use, alter, exploit, reproduce, distribute or publicise the Website and/or its contents, except where expressly provided for herein.

DCN authorises the Users to use, view, print, download and save the contents and/or other elements on the Website exclusively for their personal, private and not-for-profit use, provided their origin and/or creator is cited and, where appropriate, the copyright symbol and/or industrial property notices of the rights holders are displayed. The use, reproduction, communication and/or distribution of these elements for commercial or profit-making purposes, or as part of a business strategy for a third party other than DCN is strictly prohibited, as is their modification, alteration, or decompilation, as well as the inclusion of a hyperlink in a website owned by the User that opens a new window or browser session that includes brands, trade names and distinctive signs owned by the User, in which the homepage and/or other web pages that may be accessed through them are displayed without the prior consent of DCN.

For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of DCN, or, where appropriate, the relevant right holder.

Users may not use the brand, trade names and/or any other distinctive signs subject to intellectual or industrial property rights, without the prior, express and written consent of the rights holder. Furthermore, Users shall not take any action that involves the reproduction, distribution, copy, rental, public communication, transformation or other similar action that would lead to the modification or alteration of all or part of the web contents, or its commercial exploitation without the prior written consent of DCN.

In any event, the Website reserves all rights to the contents, information, data and services provided therein.

Website Disclaimer

The User acknowledges and accepts that the Website does not guarantee, explicitly or implicitly, the data, contents, information and services posted and/or offered on the website.

The Website does not guarantee, and is not liable for, potential loss and damage arising from the use of the information, data and website services, except where the law expressly provides for it, and exclusively within the scope and meaning thereof.

In any event, the Website shall not be held liable for any losses or damages arising from information and/or services provided or supplied by third parties other than the Company. The third-party, whether a provider or partner, shall bear sole responsibility.

Personal Data Protection

Personal Data Policy regulates all matters concerning the processing of the User’s personal data in the context of the Website.

Use of Cookies

This Website uses “cookies”. Our Cookie Policy provides detailed information on which personal data is collected by the cookies used on DCN’s Website. For further information, please refer to the Cookie Policy.

Minors

Children under the age of fourteen (14) must first request and obtain their parents, tutor or legal representative’s permission to access the contents on the Website. Access and use of the portal by children under the age of fourteen (14) are prohibited.

DCN reminds users of legal age responsible for children under the age of fourteen (14) that they have sole responsibility for deciding which services and/or contents are appropriate for them. Please be aware that there are software programmes to filter or block access to particular contents.

Applicable legislation, competent jurisdiction and notifications

These conditions shall be governed and interpreted according to Spanish law.

Any disputes that may arise shall be settled in the courts of Madrid. All notifications, notices, requests and communications that the User intends to send to the owner of the Website, DCN, must be made in writing, and it shall be understood that it has been correctly communicated upon delivery at 216 Castellana Avenue, 15th floor, 28046 Madrid.