Legal notice | Telefèric de Montjuïc

Legal notice

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General Terms and Conditions of access and use of the website

This section includes all the information regarding the general terms and conditions of access and use of the website www.telefericdemontjuic.cat, which the user must be aware of pursuant to Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

 

1. Particulars of the owner of the website www.telefericdemontjuic.cat

Owner: PROJECTES I SERVEIS DE MOBILITAT, S.A.

Tax Identification Number: A-63645220

Registered Office: Carrer 60, num. 21-23, sector A, Polígon Industrial de la Zona Franca, 08040 BARCELONA

E-mail: tmb@tmb.cat

Phone number: (0034) 93 298 70 00

Fax: (0034) 93 298 71 80

Registration Data: Entered into the Commercial Registry of Barcelona in volume 37,068, page B-297,086, sheet 21.

 

2. Particulars of the service provider

The provider of the services offered in the website www.telefericdemontjuic.cat is also the corporation PROJECTES I SERVEIS DE MOBILITAT, S.A.

 

3. Terms and conditions of access to www.telefericdemontjuic.cat

The user is solely responsible for accessing this website and the act implies the acknowledgement and acceptance of all legal warnings, conditions and terms of use therein.

Accessing the services offered through www.telefericdemontjuic.cat is free and, in general terms, it does not require the user to be previously subscribed or registered, notwithstanding the fact that in order to access some specific services the user may be required to fill in a user registration form. The username and password are personal and non-transferable identification elements that enable users to access the services.

A user who does not agree with the contents of these general terms and conditions must leave the website and will not access its contents nor use the services it offers.

The user declares to be over 14 years of age and guarantees the truthfulness and authenticity of the information provided during the registration process necessary in order to hire our services. The user also undertakes to keep said information up to date.

Any links there may be to other websites, as well as the use given to them by the user, are subject to these terms and conditions and to any other specific terms said websites may establish. Any given use other than those expressly authorized is forbidden.

PROJECTES I SERVEIS DE MOBILITAT, S.A., may modify, whenever deemed necessary, the settings of this website, the terms and conditions of the service and its contents, and it may also remove, limit or cancel them temporally or permanently, as well as deny access to them. The Corporation will inform the user of any such change, as long as the circumstances allow it, through a notice published on the website.

 

4. Terms and conditions of use of www.telefericdemontjuic.cat

The user undertakes to make proper use of the services and/or contents of this website and not to use them in illicit or criminal activities and/or not to breach the provisions set forth by this legal notice, the regulations on intellectual or industrial property or any other legal provision. The use given to the information within this website is the sole responsibility of the user.

The user guarantees the authenticity and truthfulness of all the data provided to PROJECTES I SERVEIS DE MOBILITAT, S.A., in its different online forms, and will be liable for any inaccuracy or untruthfulness of said information.

Likewise, the user undertakes not to enter, transmit or disseminate, including but not limited to:

  • Content of racist, xenophobic or pornographic nature, or contents that promote terrorism or constitute a threat to human rights.
  • Content encouraging criminal, degrading, libellous or violent acts or, in general, acts opposed to law, morality, good manners and public order.
  • Information or content that threatens the fundamental rights and civil liberties acknowledged by both the constitution and international treaties.
  • Information to non-authorized third parties regarding usernames and passwords. Should a password reach another user, the latter undertakes to immediately inform PROJECTES I SERVEIS DE MOBILITAT, S.A.
  • Information or content that breach intellectual and industrial property rights (including, but not limited to patents, trademarks and copyrights) of either PROJECTES I SERVEIS DE MOBILITAT, S.A., any other Corporation of the TMB group or a third party.
  • Unauthorized or unrequested advertising, spam, e-mail chains, pyramidal schemes, etc.
  • Data programmes (virus and malware – malicious software –) likely to damage the computer systems of the access provider, their suppliers or third party Internet users.

 

5. Exemption of liability

PROJECTES I SERVEIS DE MOBILITAT, S.A. cannot control the use given to the website www.telefericdemontjuic.cat and its content, and, therefore, it shall not be liable for damages of any nature that may arise from an illicit, improper, inappropriate or partial use and/or from the user's non-compliance with these terms and conditions of access and use, as well as with any other condition established within this website regarding any of the services offered, notwithstanding, if any, the legal action that may correspond to PROJECTES I SERVEIS DE MOBILITAT, S.A., and/or third parties.

PROJECTES I SERVEIS DE MOBILITAT, S.A., cannot guarantee permanent availability and continuous uptime regarding the website and the information, content, software, materials and products therein.

Likewise, the company assumes no liability for damages arising from the unavailability or downtime of the website, its services and the use given by the users.

In any event, PROJECTES I SERVEIS DE MOBILITAT, S.A. shall make all possible efforts to ensure the continuous availability of the website.

Likewise, PROJECTES I SERVEIS DE MOBILITAT, S.A. assumes no liability for possible security deficiencies or errors that may arise from the use of an out-dated or unsafe browser version by the user, or due to the activation of security mechanisms for keys or user codes for registered users on the browser; or for the damages, errors or inaccuracies arising from an improper use or malfunction of the same.

The user accepts that this website has been created and developed in good faith by PROJECTES I SERVEIS DE MOBILITAT, S.A., using information from internal and external sources and offers it to its users in its current version, although it may contain inaccuracies or errors. Therefore, the user exonerates PROJECTES I SERVEIS DE MOBILITAT, S.A. of any liability related to the reliability, usefulness or false expectations the website may cause while browsing it.

Should the user cause any damage to third parties, said user will be held solely responsible for it. Likewise, this user will bear the expenses, costs or compensations, if any, arising from legal proceedings from a non-compliance with the terms and conditions established hereby and the applicable law.

 

6. Intellectual and industrial property

All the contents of this website (including, but not limited to, databases, images, illustrations, graphics, text files, maps, frames, banners, software and its source code, audio and video), as well as the website itself as a visual representation, are the property of PROJECTES I SERVEIS DE MOBILITAT, S.A., or of its content providers, which have been, in this case, licensed or transferred; and are protected by national and international standards regarding intellectual and industrial property. The compilation (i.e. the collection, layout, arrangement and edition) of all the website's content is under the exclusive property of PROJECTES I SERVEIS DE MOBILITAT, S.A.

All the software used in the use and development of the website is the property of PROJECTES I SERVEIS DE MOBILITAT, S.A. or its software providers; and it is protected by national and international laws on intellectual and industrial property.

No user, without a prior written authorization by PROJECTES I SERVEIS DE MOBILITAT, S.A. the holders of the intellectual property rights or of another property of the contents, may undertake, including but not limited to, the following acts, regarding both the website and its contents:

  • Any form of public communication, for any procedure, including making it available to the public and accessible from any place and at any time.
  • Any form of distribution, including but not limited to, selling, renting and/or loaning.
  • Any form of direct or indirect, temporary or permanent, reproduction of the website or its content by any means and in any form, in whole or in part.
  • Any form of total or partial modification, including the creation of related products and/or services.
  • Any other form of access that includes the aforementioned forms or different ones.
  • Any form, direct or indirect, of extraction and/or reuse of all or a substantial part of the content of any database; and/or repeated or systematic reuse and/or extraction of its non-substantial parts.

Notwithstanding the foregoing, users may, at will, browse the website and its contents and download them for personal and non-commercial use, but they may not extend it to third parties or entities, whether free of charge or otherwise.

Therefore, the availability and use of the databases, images, illustrations, graphics, text, audio and video files and the software owned by PROJECTES I SERVEIS DE MOBILITAT, S.A., or their providers, found in the website, as well as any other content, does not imply, in any case, the transfer of ownership or the assignment of a right of use to the user.

The trade marks, banners, signs and logos that appear in the website either belong to PROJECTES I SERVEIS DE MOBILITAT, S.A. or to the corporations of the TMB group; or have been licensed or assigned by their holder and have already been properly registered or are in the process of being registered. The unauthorised or improper use of these elements shall be regarded as an infringement of the industrial property rights of PROJECTES I SERVEIS DE MOBILITAT, S.A., and the corporations of the TMB group or other third parties owners.

 

7. Procedure in the event of unlawful actions

PROJECTES I SERVEIS DE MOBILITAT, S.A. ensures that the contents on this website is neither of pornographic, xenophobic, discriminatory, racist or defamatory nature nor do they promote violence. Moreover, it tries to avoid any circumstance that could be harmful for its users.

PROJECTES I SERVEIS DE MOBILITAT, S.A. has to be notified should a user or a third party consider that there are events or circumstances that reveal the illicit nature of the use given to any content and/or the engagement in any activity on the websites included or accessible via this website and, especially, the infringement of industrial or intellectual property rights, or any other right. Said notification will include the following information:

  • Particulars of the claimant: name, address, phone number and e-mail.
  • Specifics of the alleged unlawful activity and a precise and exact indication of the protected contents and their location on the web pages.
  • Given an infringement of rights: particulars of the holders of the rights allegedly infringed or the person authorized to represent them and their signature.
  • A specific, clear declaration, which falls under the responsibility of the claimant, stating that the information provided in the notification is accurate and of illicit nature in terms of the use given to the contents or the engagement of the activities described.

 

8. Use of cookies

The website www.telefericdemontjuic.cat, may use cookies to facilitate user navigation and to know their preferences while allowing for their usage. However, the user may configure their computer to accept or reject the cookies received.

Specifically, the cookies that can be made use of are:

First party:

  • SESS+hash: session cookie in Drupal. It allows the user session to be identified and registered in this content manager.
  • AWSELB: session cookie. It recognises which server you are accessing and, if there is more than one, it distributes or balances the load between servers.

Third party:

  • _ga i _gat: Google Analytics cookies that collect information on the websites visited, the time spent on each page, the web browser used (all of this anonymously) to provide statistics that enable the page to be optimised.

 

9. Links to third party sites

The website contains links to other sites that belong to third parties not related to PROJECTES I SERVEIS DE MOBILITAT, S.A., who assumes no liability regarding their content and the products or services they offer, as well as for any virus or malware (malicious software) they may contain.

 

10. Links to www.telefericdemontjuic.cat

It is strictly forbidden for users to modify this website in a way which may affect its contents, such as links and the like.

The links to this website from other sites, or other means, which are contrary to law, morality or public order or that damage the good name or image of any of the corporations of the TMB group or any of its distinctive signs, are also prohibited.

The links to any of the pages of this website that do not contravene the aforementioned prohibitions must comply with the following:

The user must be aware that is accessing this website and the browser has to show the URL of the linked page.

 

11. Law and jurisdiction

The general terms and conditions of this legal notice and any other text of contractual nature of this website is governed pursuant to Spanish law.

Should a dispute arise from the access and use of this website and its contents and services, as well as the interpretation and compliance with these general terms and conditions and of any other text of contractual nature of this website, the parties, with express waiver of any other jurisdiction to which they might be entitled, will submit to the courts of the city of Barcelona (Spain).