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Legal Terms
1. INTRODUCTION AND COMPANY DATA
This text constitutes the Legal Notice of the website owned by AUTOPISTA DEL SOL, CONCESIONARIA ESPAÑOLA, S.A.U. (hereinafter, THE ENTITY), located at the URL https://www.autopistadelsol.com/
THE ENTITY has its registered office located in San Pedro de Alcántara -Marbella (Málaga), Autopista del Mediterráneo, km 172, Área de Peaje de San Pedro, Pantano Roto, S/N, with CIF A-81432353 and registered in the Mercantile Register of Málaga volume 6002, Book 4909, folio 155, sheet MA-158955, inscription 2ª.
To communicate with THE ENTITY directly and effectively, you can go to the email address info@autopistadelsol.com or contact the phones +34 952 799 371 / +34 900 859 661.
2. PURPOSE AND SCOPE OF APPLICATION
This Legal Notice regulates the access and use of the Contents offered by THE ENTITY through its Websites. However, THE ENTITY reserves the right to modify the presentation, configuration and content of the Website and Services, as well as the conditions required for their access and/or use. The access and use of the Contents and Services after the entry into force of their modifications or changes in the conditions imply the acceptance of the same.
However, access to certain contents and the use of certain services may be subject to certain Specific Conditions, which, as the case may be, will replace, complete and/or modify this Legal Notice, or the General Conditions and, where applicable, Specific Conditions, the contradictory terms of the Specific Conditions will prevail over the General Conditions and the Legal Notice.
The simple access, navigation and use of the Website implies and supposes the acceptance by the User of this Legal Notice. In this sense, the User will be understood as the person who accesses, navigates or views the contents hosted on the Website and the Registered User will be understood as the one who accesses, navigates and registers to, use, host and/or download the Contents and/or use the Services of the Website.
3. USER OBLIGATIONS
Access and navigation through the Website does not require registration except that, to use certain functionalities, data such as name and email address may be required.
Access and navigation on the Website is prohibited for children under 14 years of age, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be considered responsible for the acts carried out by the minors in their charge, in accordance with current regulations. In any case, it will be presumed that the access made by a minor to the Website has been carried out with the prior and express authorization of their parents, guardians or legal representatives.
The User agrees to:
- Accept and comply with what is established in this Legal Notice, and in any document that is an integral part of it.
- Not store or communicate through the Website, Content that is contrary to current legislation, morality, public order, as well as those that are defamatory, aggressive, obscene, sexually explicit, offensive, violent or inciting violence, racist or xenophobic, or in general of an illegal or harmful nature to the rights and/or physical and/or moral integrity of people.
- Not to disseminate personal data of other Users of the Website, without their prior and express authorization.
- Not to defame, abuse, harass, threaten or otherwise violate the rights of other Users or any other persons.
- Not to remove or attempt to remove any security measures adopted and implemented on the Website.
- Comply with current legislation.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The ENTITY is the owner or has obtained the corresponding license for the exploitation rights of intellectual and industrial property of the Website, as well as the intellectual and industrial property rights over the information and materials contained, the structure, selection, arrangement, and presentation of its Contents, Services, and products available through it, as well as the computer programs used in relation to it.
Access, navigation, use, hosting, and/or downloading of Contents and/or use of Services of the Website by the User, in no case shall be understood as a waiver, transmission, license, or total or partial assignment of the aforementioned rights by THE ENTITY or, where appropriate, the holder of the corresponding rights. The User only has a strictly private right of use, exclusively for the purpose of enjoying the benefits of the Service.
Consequently, it is not permitted to suppress, circumvent, or manipulate the copyright notice and any other identification data of the rights of THE ENTITY or its respective holders incorporated into the Contents and/or Services, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein.
In particular, the use of the Contents of the Website for their inclusion, in whole or in part, in other websites outside the Website is strictly prohibited without the prior written authorization of the owners of the Website.
References to names and trademarks or registered trademarks, logos, or other distinctive signs, whether owned by THE ENTITY or third-party companies, imply a prohibition on their use without the consent of THE ENTITY or its legitimate owners. At no time, except for an express statement, shall access or use of the Website and/or its Contents and/or Services imply the granting of any license or right over the aforementioned intellectual and industrial property rights.
All intellectual and industrial property rights are reserved, and in particular, it is prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the Contents and products included on the Website for public or commercial purposes, if express and written authorization from THE ENTITY or, where appropriate, the holder of the corresponding rights is not obtained.
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5. LICENSE ON COMMUNICATIONS
In the event that the User sends information of any kind to THE ENTITY through the Website, through the channels provided for this purpose on the Website itself, the User declares, guarantees, and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual property, trademark, patent, trade secret, or any other third-party rights, that such information is not confidential, and that such information is not harmful to third parties.
The User acknowledges that he/she assumes responsibility and will hold THE ENTITY harmless for any communication that he/she provides personally or on his/her behalf, with such responsibility reaching without any restrictions the accuracy, legality, originality, and ownership thereof.
6. RESPONSIBILITIES AND GUARANTEES
THE ENTITY cannot guarantee the reliability, usefulness, or truthfulness of the services or information provided through the Website, nor the usefulness or truthfulness of the documentation of events that can be acquired through the Website, prepared by professionals from various sectors.
Therefore, THE ENTITY does not guarantee or take responsibility for: (i) the continuity of the contents of the Website; (ii) the absence of errors in such contents or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Website; (vi) the damages or harm caused, to itself or to a third party, by any person who infringes the conditions, rules, and instructions established by THE ENTITY on the Website or through the violation of the security systems of the Website.
However, THE ENTITY declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and to prevent the existence and transmission of viruses and other harmful components to Users. If the User becomes aware of the existence of any illicit, illegal, contrary to law, or that could constitute an infringement of intellectual and/or industrial property rights, he/she must immediately notify THE ENTITY so that it can proceed to adopt the appropriate measures.
7. LINKS
7.1. Links to other Websites
In the event that on the Website, the User could find links to other websites through different buttons, links, banners, etc., these would be managed by third parties. THE ENTITY does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that can be linked from the Website.
Consequently, THE ENTITY will not be able to assume any responsibility for any aspect related to the website that could be linked from the Website, specifically, by way of illustration and not limitation, about its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if Users had effective knowledge of the illegality of activities developed through these third-party websites, they should immediately communicate it to THE ENTITY for the purpose of disabling the access link to it. The establishment of any type of link from the Website to another external Website will not imply that there is any type of relationship, collaboration or dependence between THE ENTITY and the responsible of the external Website.
7.2. Links on other websites pointing to the Website
If any User, entity or Website wishes to establish any type of link to the Website, they must adhere to the following stipulations:
- The link can only be directed to the Main Page or Home of the Website, except with the express written authorization of THE ENTITY.
- The link must be absolute and complete, that is, it must take the User, by a click, to the URL of the Website itself and must completely cover the entire extension of the screen of the Main Page of the Website. In no case, unless THE ENTITY expressly authorizes it in writing, may the Website that makes the link reproduce, in any way, the Website, include it as part of its Web or within one of its “frames” or create a “browser” on any of the pages of the Website.
- On the page that establishes the link, it cannot be declared in any way that THE ENTITY has authorized such a link, unless THE ENTITY has expressly done so in writing. If the entity that makes the link from its page to the Website correctly wishes to include on its Website the brand, name, trade name, label, logo, slogan or any other type of identifying element of THE ENTITY and/or the Website, it must previously have its express written authorization.
- THE ENTITY does not authorize the establishment of a link to the Website from those Web pages that contain materials, information or content that is illegal, illegal, degrading, obscene, and in general, that contravenes morality, public order or generally accepted social norms.
7.3. Services provided by third parties through the Website
THE ENTITY does not guarantee the legality, reliability and usefulness of the services provided, of the Contents supplied by third parties through this page or on which THE ENTITY only acts as an advertising channel.
THE ENTITY will not be responsible for damages of any nature caused by the services provided, the Contents of third parties that are advertised through the Website, and in particular, merely illustratively, those caused by:
- The breach of the law, morality or public order.
- The incorporation of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment.
- The infringement of Intellectual and Industrial Property rights, or contractual commitments of any kind.
- The performance of acts that constitute illegal, misleading or unfair advertising and, in general, that constitute unfair competition.
- The lack of truthfulness, accuracy, quality, relevance and/or timeliness of the Contents transmitted, disseminated, stored, received, obtained, made available or accessible.
- The infringement of the rights to honor, personal and family privacy and the image of people or, in general, any type of third party rights.
- The inadequacy for any kind of purpose and the defrauding of the expectations generated, or the vices and defects that could be generated in the relationship with third parties.
- The non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties.
- The communication of data that occurs between Users.
THE ENTITY will not be responsible, in cases where third parties advertise their services and/or Content on the Website, for the truthfulness of the information provided by the provider about such services and/or Content, for obtaining the administrative authorizations that may be required of the provider for the provision of its services, for the violation by the provider of third party rights and, in general, for any obligation or guarantee enforceable by the provider against Users.
THE ENTITY does not have the power or human and technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website.
THE ENTITY assumes no responsibility for any aspect related to the Website that establishes that link to the Website, specifically, by way of illustration and not limitation, about its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
8. COOKIES
THE ENTITY may process information about visitors to the Website. To this end, this Website may use cookies or other usual invisible systems, through which information is obtained about the frequency of visits, the most selected content, geographical location, as well as other data in order to optimize and improve navigation on the Website. By navigating the Website, the user expresses acceptance of the collection and processing of such information. Specifically, our website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses “cookies”, which are text files located on your computer, to help the website analyze how users use the website.
The information generated by the cookie about your use of the website (including your IP address) will be directly transmitted and stored by Google on servers in the United States. Google will use this information on our behalf in order to track your use of the website, compiling reports on website activity and providing other services related to website activity and Internet usage. Google may transmit such information to third parties when required by law, or when such third parties process the information on behalf of Google. Google will not associate your IP address with any other data held by Google.
You can refuse the processing of data or information by rejecting the use of cookies by selecting the appropriate settings on your browser, however, you should know that if you do so you may not be able to use the full functionality of this website. By using this website you consent to the processing of information about you by Google in the manner and for the purposes indicated above.
9. DATOS PERSONALES
The Privacy Policy of https://www.autopistadelsol.com/ is determined by what is established in the PRIVACY POLICY.
10. DURATION AND MODIFICATION
THE ENTITY may modify the terms and conditions stipulated here, in whole or in part, publishing any change in the same way this Legal Notice appears or through any type of communication addressed to the Users. The temporal validity of this Legal Notice therefore coincides with the time of its exposure, until they are totally or partially modified, at which time the modified Legal Notice will come into effect.
Regardless of the provisions in the particular conditions, THE ENTITY may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the possibility for the User to demand any compensation. After such termination, the prohibitions on the use of the contents previously set out in this Legal Notice will remain in force.
11. GENERALITIES
The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of the Legal Notice. In case of discrepancy between what is established in this Legal Notice and the particular conditions of each specific service, the latter will prevail.
In the event that any provision or provisions of this Legal Notice were considered null or inapplicable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity or inapplicability will not affect the other provisions of the Legal Notice.
The non-exercise or execution by THE ENTITY of any right or provision contained in this Legal Notice will not constitute a waiver of the same, except for recognition and agreement in writing on its part.
12. JURISDICTION
The relationships established between THE ENTITY and the User will be governed by the provisions of the current regulations regarding applicable legislation and competent jurisdiction. However, for cases in which the regulations provide for the possibility for the parties to submit to a jurisdiction, THE ENTITY and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any disputes and/or litigation to the knowledge of the Courts and Tribunals of the city of Marbella.