LEGAL NOTE


Legal Note

This Legal Note regulates the use of the website https://www.acciona-apd.com/ (from hereon, the Website) owned by ACCIONA Producciones y Diseño, S.A. (from hereon, ACCIONA Producciones y Diseño), domiciled at Avenida de Europa nº 18, 28108, Alcobendas (Madrid), with tax ID no. A41404351, registered at the Madrid Mercantile Registry. Contact email: info.apd@acciona.com.

General conditions of use of the website and acceptance of the terms

These General Conditions pertaining to the use of the Website aim to regulate both the availability of the information and any commercial relations that arise between ACCIONA Producciones y Diseño and the Website users. Any person accessing or using this Website shall be considered to be a User. Both the navigation of, and/or the use of any of the Website services, assume full, unreserved and express acceptance of these General Conditions of Use, which govern the provision of the services offered in the Website.

If the User does not accept the clauses established by this Legal Note, he/she must abstain from accessing and/or using the services and/or content available on the Website and proceed to abandon the site without accessing or disposing of the services it offers. The User accepts expressly and without reservations that the access to, and use of, this Website, its services and the content of those services are under his/her exclusive responsibility.

Access to this Website is free of charge and viewing it does not require any prior subscription or registration.

The information that appears in this Website is correct at the time of its last update. The Website cannot be altered, changed, modified or adapted. ACCIONA Producciones y Diseño, however, may, without prior warning, unilaterally modify, whenever it deems it necessary, the configuration of this Website, the conditions of service and its content, and it may remove, limit or suspend them temporarily or permanently, or block or deny access to them.

ACCIONA Producciones y Diseño is the exclusive manager of the Website in its role as provider of the information service about its own services, and is not responsible for contents which, in contravention to these General Conditions, users could send or publish, being the only user responsible for their veracity and legality. 
ACCIONA Producciones y Diseño may interrupt the service of the Website that is being used by the User and resolve immediately the relation with the User if it detects a use of the Website or any of the services offered in the Website that could be considered contrary to the spirit of this Legal Note.

Intellectual and industrial property

The totality of this Website: texts, images, photos, brands, graphics, logos, icons, buttons, software files, technology, links and other audiovisual or sound content, combinations of colors, as well as the structure, selection, order and presentation of its contents (from hereon, the “Contents”), its graphic design, selection of materials used, computer programs necessary for its operation, access and use, and font codes, are protected by the laws on Intellectual and Industrial Property, prohibiting their reproduction, distribution, public communication and transformation, except for personal and private use, without the cession to the User of any of the rights of exploitation on these, beyond what is strictly necessary for the correct use of the Website. 

ACCIONA Producciones y Diseño does not guarantee that the Contents are precise or free from error or that the free use of these by the User does not infringe the rights of third parties. The good or bad use of this Website and its Contents is the responsibility of the User. 
Likewise, it is prohibited to reproduce, retransmit, copy, cede or rebroadcast (totally or partially), modify, alter, adapt or translate the content information in the Website, for whatever reason or by any medium, without the prior authorization of ACCIONA Producciones y Diseño.
ACCIONA Producciones y Diseño does not concede any license or authorization for the use of any kind, relating to its intellectual and industrial property rights or any other property or rights related to the Website and services offered.

The User is authorized to copy or print extracts or documents from this Website, except content that is the property of a third party and has been identified as such, for non-commercial use, always and when, in all these copies or prints, all warnings about copyright and other intellectual property rights feature, and all the exemptions from responsibility are present in them. None of the logos and brands registered by ACCIONA Producciones y Diseño can be used or reproduced without prior written authorization.

The availability of all these elements owned by ACCIONA Producciones y Diseño or third parties that feature in the Website do not imply, in any case, the cession of its ownership or the concession of a right of use in favor of the User.

Apart from that specifically mentioned above, the reproduction of part or all of the Contents of this Website in any form, including the brand, the creation of any derived work based on this Website and/or on its content or the incorporation of its content in other websites, electronic recovery systems or publications, is forbidden.

In the event that any User or third party considers there has been a violation of their legal rights by the introduction of certain content in the Website, they should notify ACCIONA Producciones y Diseño immediately of the event at info.apd@acciona.com.

 

Any attempt to obtain the Contents of the Website by any means different to those it makes available to the Users, or those commonly used in the Internet, is prohibited, always in the interest of not causing any harm to the ACCIONA Producciones y Diseño Website.

Users who voluntarily provide images or other graphic or multimedia information to ACCIONA Producciones y Diseño in doing so cede their reproduction rights during the time this material remains on the web server. In any event, ACCIONA shall not be accountable to the User for such information, reserving the right to delete it at any time and without prior warning.

Links

The Website might include links to third party sites. The websites belonging to third parties have not been reviewed and are not the object of controls by ACCIONA Producciones y Diseño. The links this Website might contain will only be offered as informative references, without any kind of evaluation of the contents, owners, services or products offered by them.

In any case, ACCIONA Producciones y Diseño and/or any of the websites of the companies in the ACCIONA Group, will not be liable for the content of these websites, nor for the measures they adopt relative to privacy or the treatment of data of a personal nature, nor their conditions of use.

ACCIONA Producciones y Diseño recommends the careful reading of the conditions of use and privacy policies of these sites.

In the case where a party is interested in activating a link to ACCIONA Producciones y Diseño’s websites, it should communicate this and obtain express consent to create the link. ACCIONA Producciones y Diseño reserves the right to oppose the activation of links to its websites.

Minors

ACCIONA Producciones y Diseño reminds Users of legal age, who have responsibility for minors, that it will be their exclusive responsibility to determine which services and/or contents are not appropriate for the age of their charges.

ACCIONA Producciones y Diseño informs them that there are computer programs that allow the filtering and blocking of access to certain content and services, such that parents and tutors, for example, can decide which Internet contents and services are those to which minors should or should not have access.

Communications from ACCIONA Producciones y Diseño to the User will be made in compliance with the data contributed by the latter on registering for the Website. The User that contracts services through the Website will have to demonstrate they are of legal age in compliance with the Spanish legislation and where minors are contracted authorization from the parents or tutors will be required for them to be able to enjoy the contracted service.

Responsibilities

ACCIONA Producciones y Diseño will not be directly or indirectly liable for:

Possible damage or harm that might be caused by interference, omissions, interruptions, computer viruses, telecommunications faults or disconnections in the operative functioning of this electronic system, not caused by ACCIONA Producciones y Diseño; or delays or blocking in the use of the present electronic system caused by deficiencies or overloads at its Data Processing Center, by telecommunications links, in the Internet system or other electronic systems.

Damages that might be caused in the user’s equipment by utilizing the Website.

Cases in which a third party, in violation of established security measures, and/or through unlawful intrusions, accesses the messages or uses them to transmit computer viruses.

The flaws and defects of all classes of content transmitted, disseminated, stored or made available.

The lawfulness, trustworthiness and usefulness of the content that the Users transmit in using the Website and the services offered in it, as well as the veracity or factualness or otherwise. ACCIONA Producciones y Diseño does not control the use the Users make of its Website, nor guarantees that they do so in compliance with the stipulations of this Legal Note.

 

Including, but not limited to, the user will be responsible for:

Content introduced by them, especially data and information introduced and sent to ACCIONA Producciones y Diseño through the Website or in the Website.

 

The realization of any kind of unlawful action, damaging to rights, harmful and/or prejudicial.

 

The facilitation of data that is untrue or incorrect.

 

Likewise, ACCIONA Producciones y Diseño accepts no liability for any damage or harm the user might suffer as a result of errors, defects and omissions in the information facilitated, when they come from outside sources. Regardless of the previously stated, in no case will existing contracts between ACCIONA Producciones y Diseño and its clients be affected, except in circumstances beyond its control.

User obligations

In general terms, the User is obliged to comply with these General Conditions of Use, as well as to fulfil the special warnings and instructions for use contained in the same or in the Website and to work always in conformity with the law, good practices and demands made in good faith, employing due diligence to the nature of the service to be enjoyed, refraining from using the Website in any form that can impede, damage or deteriorate the normal functioning of the same, the property or rights and good name and commercial image of ACCIONA Producciones y Diseño, its suppliers, the rest of the Users and any third party in general.

Specifically, and without it implying any restriction to the obligation assumed by the User in general terms to conform with the previous section, the User accepts they will use the services and contents of the Website in conformity with the Law and these General Conditions of Use, obliging them: (i) to provide the data facilitated truthfully and keep it updated; ii) not to introduce, store or disseminate in, or from, the Website, any information or material that is defamatory, injurious, obscene, threatening, xenophobic, inciting to violence or discrimination by motive of race, sex, ideology, religion or any attack on the morals, public order, fundamental rights, public liberties, honor, intimacy or image of third parties and in general the legislation in force. 

ACCIONA Producciones y Diseño reserves the right to withdraw all those comments and contributions that violate the respect to the dignity of the person, whether discriminatory, sexist, racist, pornographic, offending youth or infancy, order or public safety, among others, or that, in its opinion, are not appropriate to be published. In any event, ACCIONA Producciones y Diseño will not be liable for, or indemnify damages, that derive from opinions stated by the Users through forums, chats or other participative tools; (iii) not to introduce, store or disseminate via the Website any computer program, data, virus, code, applets, macros, Active X controls, hardware or telecommunications equipment, or any other electronic or physical instrument or device susceptible to cause harm in the Website, in any of the Services, or in any of the equipment, systems or networks of ACCIONA, any User, any ACCIONA Producciones y Diseño supplier or in general any third party, or that in any other way is able to cause them any kind of alteration or impede their normal functioning; (iv) to appropriately safeguard the “User Name” and “Password” that is facilitated by ACCIONA Producciones y Diseño to the User, as identifying elements and enablers for accessing the different services offered in the Website, committing not to cede their use nor permit access to them by third parties, assuming the responsibility for damages and harm that might be derived from an undue use of the same. Equally, the User commits to communicating to ACCIONA Producciones y Diseño, with the greatest urgency, the loss or theft of, or any access risk to, the “User Name” and/or the “Password” by a third party; (v) not to carry out advertising, promotional or commercial exploitation activities through the Website, nor to use the content, or in particular the information obtained via the Website, to send advertising or messages with the aim of direct selling or any other commercial aim, nor to collect or store personal data of third parties; (vi) not to utilize false identities, nor to supplant the identity of others in the utilization of the Website or the utilization of any of the services of the Website, including the utilization in its case of passwords or access keys of third parties or in any other way to attempt to access and, in its case, utilize the email accounts of other Users or modify or manipulate their messages; (vii) not to destroy, alter, utilize for their use, disable or damage data, information, programs or electronic documents of ACCIONA Producciones y Diseño, its suppliers or third parties; (viii) not to introduce, store or disseminate via the Website any content that infringes the intellectual or industrial property rights or business secrets of third parties, nor in general any content that does not have the right, in conformity with the law, to transmit to third parties.

Personal data protection policy

ACCIONA Producciones y Diseño conforms to the legislation in force in the area of Personal Data Protection by informing users of the Website of its Data Protection and Privacy Policy which will apply to the treatment of personal data the User voluntarily submits to access its Website, or to the corresponding mobile application,  and which can be consulted in the section “Privacy Policy”.

Applicable law and jurisdiction

These General Conditions and Website Policies were written in Castilian Spanish. Any version found translated in the Internet, or supplied automatically by a search engine, in any other language is invalid. The terms of the Website will be interpreted and are subject to conformity with Spanish legislation.

These conditions comply with ACCIONA Producciones y Diseño’s internal Code of Conduct and Ethics, in which the behavior and commitment of the same to comply with that established therein is defined in relation with one or more commercial practices or economic sectors. A copy of this Code can be obtained on request from Customer Service/or consulted at https://www.acciona.com/sustainability/corporate-governance/ethics-and-integrity/

For the resolution of any dispute arising from the existence, access, use or content of these General Conditions of Use of the Website, both the User and ACCIONA Producciones y Diseño renounce the right to any other Courts that may apply, and submit to the jurisdiction and exclusive competence of the Courts and Tribunals of Alcobendas (Madrid).

Contact

For any consultation in relation to these terms and conditions, please do not hesitate to contact us at Avenida de Europa 18, Parque Empresarial La Moraleja, 28108, Alcobendas (MADRID) or by email to info.apd@acciona.com

Security

The Website disposes of the certificate SSL (Secure Socket Layer) supported by the entity UBILIBET with the aim of ensuring the security of data transmission between your browser and our Website.

The secure server establishes a connection transferring algorithmically coded data at a speed of 128 bits, which is only readable by the user’s computer and the Website. In this way, by using the SSL protocol, the following is guaranteed:

a.     That the User is communicating his or her data to the Website server center and no other.

b.     That, between the User and the Website, the data transferred is coded, avoiding its possible reading or manipulation by third parties.

 

To verify he or she is in a secure environment, the User must verify that the Website address begins with https://. It can also be verified that the Website is identified as secure when the padlock icon appears in the address bar of your navigator.

Finally, you can also verify the presence of the SSL certificate by checking the properties of the Website in your navigator, for which you should consult the characteristics of the same.

Last update: 25 of may of 2018.