Legal notice and conditions of use of the website www.parkia.es

Both this website (hereinafter the "Website") and the products and services offered are managed by  Parkia Iniciativas S.L.U. and its subsidiaries,  , which are the following:  
Acvil Aparcamientos, S.L.U. owner of the Website, domiciled in Madrid (Spain), C/ Ombú 3 Pl 10 Dcha. 28045 Madrid, with C.I.F. B-73.454.134, Madrid Business Register. Volume 28221, page number M-508317, book 0, section 8, folio 189 and email address clientes@parkia.es., Laoconte Operaciones, S.L.U with C.I.F. B-10.464.758, Parkia Movilidad Urbana, S.L.U. with C.I.F. B-88.048.616, Aparcamiento Victoriamar S.L with C.I.F. B-92677442, Parkia Canarias, S.L.U. with C.I.F. B-76.092.329, Estacionamientos Granada, S.A.U. with C.I.F. A-18.360.628, Compañía Concesionaria del Aparcamiento de la Plaza Gernikako Arbola de Barakaldo-Parking Juzgados, S.A.U. with C.I.F. A95.031.985, Artemisa Aparcamientos, S.L. with C.I.F. B-88.254.396, all of which have their registered office at C/ Ombú 3 Pl 10 Dcha. 28045 Madrid, Parking de Clínica, S.A. with C.I.F. A-58.815.572 with registered office at Plza. Manuel Corachan,4 08017 Barcelona, Parking Arenal S.A. with C.I.F. A-95.236.840 and registered address at Paseo Arenal, 1 Bilbao 48005, and Aparcament Vertical Del Maià, S.A.U. with NRT A706.804G and registered address at Pas de la Casa, parroquia d'Encamp, Aparcament Comunal del Pas de la Casa (Andorra), hereinafter jointly or individually, indistinctly,  Parkia Iniciativas S.L.U. and its subsidiaries.

The terms and conditions described herein are intended to regulate the access and use of this Website by its users.

 

Users

User status is acquired .

The user shall use the services and contents under their sole and exclusive liability and exclusively for private purposes and/or for the legal relationship that binds them to Parkia.

By simply accessing this Website and/or viewing and/or using the contents or using the services and/or by participating in promotions or competitions, the user expressly and fully accepts the terms and conditions of use of the Website described herein (hereinafter, the Terms and Conditions) and the privacy policy (hereinafter, the Privacy Policy). If such Terms and Conditions are replaced, in whole or in part, by other terms and conditions, the new terms and conditions shall be deemed to be accepted in the same form as set out above.

The costs of connection to the aforementioned Website shall be borne by the user, as well as any other charges that legally correspond or may correspond in the future.

If you have any questions about the Terms and Conditions and/or the Privacy Policy, please send an e-mail to: clientes@parkia.es

 

Contents

The Website www.parkia.es provides users with access to a multitude of information, services, programmes or data (hereinafter, "Contents") online, belonging to Parkia.

Although Parkia acts in good faith, it shall not be liable, directly or indirectly, for any claims arising from the quality, reliability, accuracy or correctness of such Content.

The user undertakes to make appropriate use of the Content that Parkia offers through the Website www.parkia.es and by way of example but not limitation, not to use them to (i) engage in illicit or illegal activities or those contrary to good faith, morals, good customs and/or public order or safety; (ii) disseminate content, comments or propaganda of a racist, xenophobic, pornographic nature, which is sympathetic of terrorism, or which violates youth or childhood or against human rights; (iii) cause damage to the physical and logical systems of Parkia or its suppliers or third parties or manipulate such systems or introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) attempt to access and, where appropriate, use or manipulate the email accounts of other users and modify or manipulate their messages or violate the privacy and intimacy or any other fundamental right of the users or perform any action that prevents or hinders access to the Website by users; (v) introduce, store or disseminate by any means or medium, any comments and/or content that infringes any right of Parkia or any third party and in particular the intellectual or industrial property rights; (vi) use the Content to promote, sell, contract or disseminate their own advertising or information or that of third parties without prior express written permission from Parkia; (vii) carry out any action that involves the reproduction, distribution, copying, rental, sale, public communication, transformation or any other action  that involves the modification or alteration of all or part of the Contents of this Website or the exploitation of the content for profit or free of charge, without the prior written authorisation of Parkia; (viii) use the Contents offered through this Website in a manner contrary to the terms and conditions of use and the privacy policy and the specific conditions that regulate the use of a particular service and/or content.

The Terms and Conditions set forth herein are without prejudice to the obligations and duties legally incumbent upon the user to comply with any applicable law, regardless of its rank or issuing body, including judicial or transnational ones.

 

Intellectual and Industrial Property

All the Contents, as well as the elements inserted in them (which include, among others, data, images, photographs, graphics, animations, creations, sound, audio, video, drawings, software or texts, trademarks or logos, trade names or distinctive signs, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) are the property of Parkia or, where appropriate, of third entities or individuals who have authorised their use to Parkia and are protected by the laws in force on industrial and intellectual property.

The provision of the services and publication of the Contents through the Website shall in no case imply the cession, waiver or transfer, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights, or of any other right.

Likewise, the user may not use, disseminate, distribute, publish, export, exploit, reproduce or copy all or part of the Content or the design of this Website (including graphic and word marks, captions, comments, phrases, etc.) without the prior express written consent of Parkia.

 

Liability

Parkia also reserves the right to request the immediate removal of any link, comment or content in relation to this Website that has been used, disseminated, distributed, published, exported, exploited, reproduced or copied in breach of these Terms and Conditions by any means and in any medium.

Parkia shall pursue the breach of these Terms and Conditions, as well as any improper use of the Website exercising all actions, including  the penalties that may apply by law.

Parkia is not liable, under any circumstances, for damages of any kind that may be caused, including but not limited to, errors or omissions in the Contents, lack of technical availability, quality, reliability, accuracy, comprehensiveness, veracity and validity of this Website and the Contents or the transmission of viruses or malicious or harmful programs, despite having taken all the necessary technological measures to prevent it.

The user assumes liability for the use of this Website. This liability extends to any registration that may be required to access certain Content. The user is liable for providing truthful and lawful information. As a consequence of this registration, the user may be provided with a password for which they shall be liable, undertaking to make diligent and confidential use of it and to take all necessary measures to prevent its access and/or use by third parties, and shall be solely liable for all consequences that may arise from its inappropriate use.

The user of the Website shall be personally liable for damages of any nature caused to Parkia and/or any other user or third party for breach of these Terms and Conditions.

Parkia reserves the right to remove any comments or content posted by the user on the Website that in its opinion are not suitable for publication or to require the user to remove them immediately, as well as to deny or withdraw access to this Website and/or the Content offered, at Parkia's own request or that of a third party, to those users who do not comply with these Terms and Conditions. Parkia disclaims all liability that may arise from the reading and/or interpretation of the comments posted by the user on the Website. Parkia does not endorse or accept liability for the accuracy and truthfulness of any comments or content posted by users and disclaims all liability for the use of such comments or content.

 

Content generated and submitted by the users

Through this Website, the user may from time to time send information and materials such as text, images, photographs, graphics, music, videos, audiovisual works, data, files, links and other materials (referred to as "Submissions"). The sending of any file, or the publication of any text in the forum section, blog, or other sections that may be incorporated in the future, implies the transfer of the rights of publication on our Website, free of charge, as is the spirit of the Website, and with the aim of helping the entire community of users.

Parkia reserves the right not to publish such files for any reason. Any Submission presumes acceptance and understanding of these conditions. The user who makes Submissions shall retain ownership of them, but by virtue of these terms and conditions, for each Submission they make, they grant Parkia a worldwide, royalty-free, non-exclusive, irrevocable, perpetual, transferable and fully sub-licensable (through any third party) licence to:

(i) reproduce, distribute, transmit, communicate to the public, make available to the public, represent and display (publicly or otherwise), edit, transform, modify, adapt, create derivative works of the licensed Submission and other uses of the licensed Submission, in any form and by any means of communication. (ii) exercise the aforementioned rights through any form of advertising and promotion in any media. (iii) insert or cause to be inserted their logo, trade name or trade mark at the beginning and/or end of the Submission. The transfer of the rights to exploit the Submission includes all the elements of which it is composed (musical rights, voice-overs, sound, infographics, animations, scripts, associated still and moving images, logo, etc.).

Parkia may or may not exercise, as it deems appropriate, the rights granted to it by the user under this agreement and shall not be obliged to use or exploit the work/s subject to this agreement. The user making the Submission under these conditions declares and guarantees that:

(i) they have the legal power and authority to enter into this licence; (ii) they are the sole owner of, or have full power and authority to exploit all rights over the Submission subject to these conditions and to grant the rights and licences set out herein and in respect of any third-party material and/or content appearing or incorporated in the Submission; that they have obtained the express written consent of all owners and rightholders of such third-party material and/or content necessary to grant the rights and licences set out herein; (iii) they have obtained the written consent, authorisation and/or permission of any identifiable person appearing in the Submission to use that person's name and image for the use or exploitation of that Submission in the manner contemplated by this licence. (iv) the licensed Submission does not infringe any patent, copyright, trademark, trade secret or any other right of any third party;  (v) the licensed Submission is not confidential and does not contain any confidential information;  (vi) in creating the Submission: (a) the user has complied in all respects with any applicable laws, regulations (including but not limited to our Legal Notice) and rules and (b) the user has not and will not violate any agreement under which the user is expressly or implicitly bound. (vii) the Submission does not constitute defamation or libel of any person, company and/or association.

Modification/Update

Parkia Iniciativas S.L.U. and its subsidiaries may make any modifications that they deem appropriate to the Contents, and may change or delete them, in whole or in part, and also change the way in which they are presented or located.

Parkia Iniciativas S.L.U. and its subsidiaries may at any time modify these Terms and Conditions  as well as the Privacy Policy in order to adapt them to new legislation or due to strategic corporate decisions. Likewise, the user is recommended to access them each time they intend to make use of the Contents of the Website.

The Terms and Conditions and the Privacy Policy shall remain in force indefinitely until they are modified or replaced, in whole or in part, by others duly published on www.parkia.es.

 

Links or Hyperlinks

If Parkia provides links or hyperlinks to other internet sites on this Website, Parkia shall not exercise any control over such sites and content.

Under no circumstances shall Parkia assume any liability for the contents of any link or hyperlink belonging to a website not belonging to Parkia, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity and validity of any material or information contained in any of these hyperlinks or other internet sites.

Parkia shall in no case be liable for the results obtained through these links or for the consequences arising from users’ access to them. In accordance with Article 17 of the Law on Information Society Services and Electronic Commerce, Parkia shall only be liable for the content and services provided on the linked sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence.

 

Legislation and Jurisdiction

The relationship between Parkia and the user shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of the city of Madrid.