DISTRITO CASTELLANA NORTE, S.A. (“DCN”) provides users (the “User” or “Users”) of this website www.creamadridnuevonorte.com (the “Website”) the following general information data, in compliance with the duty of information included in section 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Information Society Services and Electronic Commerce Act, Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico).
The Website is owned by DISTRITO CASTELLANA NORTE, S.A., with tax identification number A-80736903, registered at the Commercial Registry of Madrid, volume 7.194, page 193, sheet number M-116748 and with registered office at Paseo de la Castellana, 216, floor 15, 28046 Madrid. The purpose of the Website is to provide its customers and Users with information related to the project developed by DCN to comply with its corporate purpose. For any query, the User may contact DCN via the email address: email@example.com or through the Contact section of this Website
Any person who accesses, browses or visualises the contents housed on the Website will be regarded as a User, and any the person who accesses, browses and registries in the “User Area” (as defined below) to use, view, host, or download the contents, use the services or participate in the activities, exhibitions, working groups, labs, workshops and initiatives made available on the “Participate” section in the website will be regarded as a registered User (the “Registered User” or “Registered Users,” as applicable).
Except as established in the Website Terms, the contents of this Website are exclusively informational and in no case constitute a source of obligations or contractual or other liability for DCN.
The User must refrain from:
Breach of any of the above obligations by the User may entail the implementation by DCN of the appropriate legal measures and in exercising its rights and obligations.
With regard to the rules of the forum or similar elements that may be made available to the User, the obligations established in this paragraph will also apply, with DCN having the power to removing any comments and contributions that disrespect the dignity of persons, that are discriminatory, xenophobic, racist or that attack youth or children, public order or security or that are not appropriate for their publication, whenever it becomes duly aware of this fact. In any case, DCN will not be responsible for the opinions expressed by any Users through any forums integrated in their Website, chats or other participation tools.
Users who wish to establish a hyperlink or link between their website and the Website must meet the following obligations:
DCN reserves the right to modify or extend these obligations in general or in specific cases.
The inclusion of the link in no case entails the existence of any relationship between DCN and the owner and/or operator of the website in which it is included, or the knowledge, acceptance and/or approval by DCN of its contents and/or services.
DCN will in no case be liable for any consequences that may arise from the introduction of links by third parties, or for the contents, information and/or services offered on the websites in which the link has been included.
The function of the links appearing on this Website, as well as information that is not prepared by DCN and for which another source is specified, is solely to inform the User of the existence of other sources of information on the matter on the Internet, where they may expand or complete the data offered on this Website
DCN will not be liable for the result obtained through those links, nor for information from other sources. In no case will the aforementioned hyperlinks or sources be considered a recommendation, sponsorship or distribution by DCN of the information, products or services in question.
DCN does not accept any liability arising from the contents linked from its Website, or whose source is third parties, nor does it guarantee the absence of viruses or other elements in them that may cause alterations to the computer system (hardware and software), documents or user files, and will not be held liable for any damage caused to the User for this reason.
If any Users or third parties consider that the contents or services provided by the linked pages are illegal, infringe constitutional values or principles, or infringe the goods or rights of the Users or third parties, they must immediately notify DCN at the email address: firstname.lastname@example.org or through the Contact section.
In the event of a breach of any of the above terms, DCN may take the appropriate legal measures for that purpose.
The User must be aware that communications over open networks are exposed to multiple threats that make them unsafe. It is the user’s responsibility to implement all appropriate technical measures to reasonably control these threats, including up-to-date detection systems for malicious software, such as viruses, trojans, etc., as well as to keeping the security patches for the corresponding browsers updated. For further information, you can contact your internet access service supplier who will provide you with solutions suited to your needs. DCN cannot guarantee the reliability, usefulness or veracity of absolutely all the information contained on the Website, nor the usefulness or veracity of the contents made available to Users through it. DCN cannot guarantee either the full security of its systems and, although it has implemented appropriate security measures, the existence of vulnerabilities cannot be completely discarded and, consequently, the User must be cautious in interacting with the Website.
In particular, DCN will not be liable for:
The User recognises and accepts that they freely and knowingly access and use of the Website and/or the contents included in, under their exclusive responsibility. Access to the Website or its contents does not entail any type of guarantee with regard to the suitability of the Website or the contents included in it for the specific purposes of Users. DCN may establish additional limitations and/or conditions for using and/or accessing the Website and/or contents, which must be observed by Users in all cases.
DCN states that it has taken the appropriate measures, within its possibilities and in accordance with the state of the art, to ensure the operation of the Website and to reduce system errors, both from the technical point of view and on the basis the contents published.
Users can upload comments, statements, opinions and other contents via the Comments section the Website (the “Contents”). In this regard, merely by using the Comments section, Users agree to be solely responsible for their Contents and to hold DCN harmless from any liability that may arise from those Contents and/or from any harm that it causes to the latter or third parties. Users also agree that the Contents uploaded to the Website will be in accordance with the law in force at any given time, generally accepted morals, as well as comply with the following rules of intervention and participation:
Users accept responsibility and will hold DCN harmless for any damage arising from any Contents provided personally or on their behalf, with this liability encompassing, with no restrictions, their accuracy, lawfulness, originality and ownership.
DCN reserves the power to decide on the disclosure or publication of Contents sent by Users.
Contents will not be permitted to publish anonymously, and must provide the data required through a form prior to each publication.
If Contents sent by Users contain images (including the avatar), the User represents and warrants and accepts:
DCN reserves the right to publicly disclose images sent by the User and is empowered to reproduce and disclose them.
Users accept responsibility and will hold DCN harmless for to the above statements.
Users assign free of charge to DCN, exclusively, for the maximum time permitted by law, without territorial limitation and without charges or third-party rights, all intellectual, industrial, image and any other similar rights, including but not limited to, the rights to reproduction, distribution, transformation and public communication, in all possible ways, in relation to the Contents sent (photographs, images with or without movement, texts, information, databases of sound recordings or any other works or features). The aforementioned assignment is made with express power of assignment to third parties.
Users can remove the Contents they upload to the Website at any time, without prejudice to DCN’s retaining the intellectual property rights that Users have assigned to them, as envisaged in the previous section. For this purpose, Users must write to DCN via the email address: email@example.com or through section Contact, requesting the removal of the Contents which they seek to remove or delete. Users also have the option of making a copy of their Contents before requesting their removal or deletion. In any case, Users must withdraw their Contents if they no longer have the necessary rights to keep uploaded and/or published on the Website.
For its part, DCN reserves the right to disable, remove or delete User Contents, totally or partially, if it has reasonable grounds to believe that the Contents (i) breach these Website Terms, (ii) may cause harm to DCN, other Users or third parties, or (iii) is contrary to the law in force at any given time, generally accepted morals or public order. In that case, DCN may inform the affected User of the reason for the action it takes in relation to the Contents if it considers it reasonable.
If DCN exercises any of its rights of disqualification, withdrawal or deletion of the Contents, totally or partially, DCN’s waiver of the right of exploitation of the intellectual property rights assigned by Users, in accordance with the above, will be understood as implicit in the exercise of those rights. Consequently, in no case will DCN be liable for any liability and/or damage to third parties that may derive from those disabled, removed or deleted Contents (or the part of them that has been disabled, removed or deleted), which will be the exclusive responsibility of the Users who generated those Contents.
The User recognises and accepts that all industrial and intellectual property rights over the content and/or any other elements included on the Website (including without limitation, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentations, “lookandfeels”, audio and video, source code, design and navigation structure) belong to DCN, which is the owner and the only party entitled to exercise of their exploitation rights in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. Under no circumstances does access to the Website entail any type of waiver, transfer, licence or total or partial assignment of those rights. These General Terms for Use of the Website do not grant Users any right to use, alter, operate, reproduce, distribute or publicly communicate the Website or its contents other than those expressly envisaged here.
Users only have a non-exclusive right to use, within a strictly domestic sphere and merely to navigate and view the contents displayed on the Website. For any other different use, prior written consent must be obtained from DCN or, where applicable, the rights holder in question.
Users may not use the trademark, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights without prior express written authorisation from their owner. Nor may they perform any action that entails reproduction, distribution, copy, lease, public communication, transformation or any other similar action that may result in the modification or alteration of all or part of the Website contents or their economic exploitation, without prior written authorisation from DCN.
In all cases, DCN reserves all rights over the contents, information and services included in the Website.
All trademarks, trade names or distinctive signs of any type appearing on the Website are the property of DCN or third-party collaborators, and it will not be understood that use or access to the Website and/or to the services, attributes to the User any rights over the aforementioned trademarks, trade names and/or distinctive signs.
Likewise, the contents published on the Website, its graphic design, images, databases and source code are the intellectual property of DCN or third-party collaborators, and the User will not be understood to hold any of the exploitation rights that exist or may exist on those contents, beyond what is strictly necessary for the use of the Website and the services provided through it.
Aspects relating to processing Users’ personal data due to using the Website are established in the Personal Data Policy section of this Website For more information, please read this section.
Children under the age of fourteen must request and obtain permission from their parents, guardian or legal representative before they can access the Website contents. Unauthorised children under fourteen may not access or use the website.
DCN reminds older users who are responsible for children under the age of fourteen that it will be their exclusive responsibility to determine which Website services and/or contents are appropriate for them; and informs them of the existence of computer programs to limit browsing, by filtering or blocking certain contents.
The headings of the different clauses of these Website Terms are informative only, and will not affect, qualify, or expand their interpretation.
If there is a discrepancy between the General Terms for Use of the Website and any of the specific conditions, the provisions of the latter conditions will prevail. If, within the specific conditions, there are some additional conditions on any activity offered in the Participate Area (as defined and explained below), the latter will prevail over the two above.
If any provision or provisions of these Website Terms are considered null and non-applicable by any competent court, tribunal, or administrative body, that nullity or non-applicability will not affect the other provisions of the general terms or the specific conditions of the different DCN services.
DCN’s failure to exercise or enforce any right or provision under these Website Terms will not constitute a waiver, unless it is recognised and agreed in writing.
DCN reserves the power to modify and update the Website Terms at any time and without prior notice, as well as to modify, update or delete, without prior notice, the information contained in the Website. DCN also reserves the right to modify and update the submission at any time (including the “lookandfeel“), contents, configuration and location of the Website.
All notifications, summons, requests and other communications that the User wishes to make to the company that owns the Website, DCN, must be made in writing and will be understood to have been correctly made when they have been received at Paseo de la Castellana address, 216, planta 15ª, 28046 Madrid. Contact can also be made via the email address firstname.lastname@example.org
We will respond to your complaints or queries as soon as possible and in any case within a maximum of one (1) month.
The current regulations will determine the laws that must govern and the jurisdiction regarding the relationships between DCN and Users. However, provided that that regulation envisages the possibility for the parties to submit to a specific jurisdiction, the Spanish law in force at the time of the dispute will apply to any dispute arising or related to this Website. DCN and Users also expressly waive any other jurisdiction that may apply to them and submit to the Courts and Tribunals of Madrid.
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution, in the event of a dispute, if so desired by the User, they may turn to the “Commission Dispute Resolution Platform” to try and settle any dispute arising from the provision of services to the User out of court.
The User may send their complaint to a litigation body authorised by the Commission, via the following link: http://ec.europa.eu/direction/odr /
The specific terms and conditions of the User Area section of the Website (the “User Area”) are given below. This is created for those Registered Users who register for participation, based on these specific terms, in any of the activities, exhibitions, workshops, labs, working groups and other initiatives offered in the Participate section (the “Participate Area”), which must be complied with at all times.
Through the Participate Area webpage, participation in various activities, exhibitions, workshops, labs, working groups and initiatives can be requested. The interested User must be previously registered to participate and/or request to participate in each of the different activities, exhibitions, workshops, labs, working groups and other initiatives offered through the Participate Area webpage,
For the purpose of registering as a Registered User, the interested User must complete the User registration form associated with each of the different activities, exhibitions, workshops, labs, working groups and other initiatives offered through the Participate Area webpage, with all the data that may be necessary to validly apply for registration (the forms will indicate the necessary fields, in the understanding that unless otherwise specified all the fields collected will be mandatory to apply for registration). In this regard, interested Users must truthfully complete, without concealing any data, any data that may be necessary to apply for registration. If the User fails to provide all the information required as essential, the application for registration will not be processed. In any case, the effective registration of Users interested in each of the different activities, exhibitions, workshops, labs, working groups and other initiatives offered through the Participate Area webpage will be subject to prior verification and approval by DCN of their application for registration. In this regard, DCN reserves the right to freely refuse any application for registration , if it suspects that the data entered by the User in question are not accurate and/or that the user’s interest is not consistent with the activity, exhibition, workshop, laboratory, working groups or initiative offered through the Participate Area webpage, for which it applies for registration, or is contrary to current law, generally accepted morals, good faith and/or public order.
Once the registration has been approved, the user in question will be considered a Registered User and will be given access, as well as a username and password, for the User Area. The electronic document(s) containing the various data entered by the Registered User in the registration forms for participation in the different activities, exhibitions, workshops, labs, working groups and other initiatives offered through the Participate Area will be electronically stored in that User Area, and may be viewed, modified and rectified by the Registered User at any time by means of their username and password. In addition, in that User Area, the Registered User will have at their disposal the access links to the various activities, exhibitions, workshops, labs, working groups and initiatives in the Participate Area for which they have registered and which are active. Likewise, in that User Area, the User will have at their disposal a record of the different activities, exhibitions, workshops, labs, working groups and other Participate Area initiatives for which they registered.
The registration form enabled for participation in the different activities, exhibitions, workshops, labs, working groups and other initiatives offered through the Participate Area will contain, where applicable, the specific additional conditions with which that participation must comply, which, as the case may be, will replace, complete and/or modify these specific user area conditions. The Registered User must, where applicable, expressly accept, by ticking a box, the stipulations contained in the aforementioned specific conditions, and this acceptance is necessary for participation in the various activities, exhibitions, workshops, labs, working groups and other initiatives offered through the Participate Area.
The data protection policy governing the participation of the Registered User in a given activity, exhibition, workshop, laboratory, working groups or initiative of the Participate Area will be included in the specific conditions included in the registration form for the aforementioned activity, exposure, workshop, laboratory, working groups or initiative of the Participate Area, where they will be informed about the data controllers, purposes, data communication and data protection rights. If the Registered User does not wish to accept any of the data processing referred to in the clause that is not necessary for participation in the activity, workshop and/or initiative, they must express their preference to DCN, who reserves the right to refuse the Registered User’s application for registration and participation in the Participate Area activity, exhibition, workshop, laboratory, working groups or initiative in question. The aforementioned informed data protection clause and the Data Protection website include the contact data where the Registered User can exercise their data protection rights. For clarification purposes, if the application form to register for the Participate Area activity, exhibition, workshop, laboratory, working groups or initiative in question does not contain any specific data protection provisions, the data protection policy governing that activity, exhibition, workshop, laboratory, working groups or initiative will be understood to be that included in the Personal Data Policy section of this Website.
Access and registration in the Innovation Laboratory subsite within the Participate Area webpage, will be conditional upon prior invitation from DCN. This invitation will consist of a link or URL to a form, which the Registered User must complete, as well as accept the specific terms of access and use.
Passwords that are provided by DCN or that are generated by Registered Users must be saved by the Registered User with the utmost diligence to prevent that password from falling into the hands of a third party, with those passwords being confidential for all purposes. These passwords may not be provided to third parties, for security reasons. The Registered User must apply the technical and organisational security measures to ensure their security, taking into account that, if passwords are not diligently stored, fraudulent use may be made by third parties, resulting in a loss of confidentiality of the user’s personal or confidential data.
Neither DCN nor any of its group companies will be liable for any type of harm, loss or any type of damage, whether direct or indirect, that may be caused to the Registered User arising from fraudulent use of the passwords provided, as well as the resulting loss of confidentiality that such fraudulent use may entail. In this regard, Registered Users will be liable for use of their User Area by any illegitimate third party that uses a password for that purpose due to the non-diligent use or loss of it by the Registered User.
Pursuant to the above, it is the obligation of the Registered User to immediately notify DCN of any event that may result in undue use of IDs and/or passwords, such as theft, misappropriation or unauthorised access to them, in order to proceed to their immediate cancellation. Until such events are reported, DCN will be exempt from any liability that may arise from misuse of IDs or passwords by unauthorised third parties.
The Registered User may at any time modify the password provided by DCN or generated by it as part of their registration as a Registered User for access to the activities, exhibition, working groups, laboratories, workshops and initiatives offered through the Participate Area webpage,
The Registered User must immediately report it if the password falls into the hands of an unauthorised third party, urgently notifying DCN so that it may be revoked immediately and a new password may be generated.
Mere access, registration and participation in any of the activities, exhibition, working groups, laboratories, workshops and initiatives offered through the Participate Area webpage by the Registered Users means that they agree to automatically assign to DCN, exclusively, for the maximum time permitted by law, without territorial limitation and without third-party charges or rights, the intellectual property rights of exploitation over the various materials, studies, reports, images, illustrations and other products generated as a result of or as a result of the participation and contributions of the various Registered Users in the aforementioned activities, exhibitions, working groups, laboratories, workshops and initiatives, regardless of their medium or support (the “Materials”). Among the rights that Registered Users transfer to DCN on the Materials are, by way of example and without limitation, the rights to total or partial reproduction by any means and in any form, those of distribution (through any model such as sale, lease or loan, use, etc.), public communication, availability, translation, adaptation, arrangement or any other transformation , by any technical procedure or operating system existing at present or that may be created in the future, including its dissemination via the Internet or similar technical networks, which DCN may exercise and develop in its own name and on its own behalf. The above includes the power to assign all or some of those rights exclusively to any third party(s), with Registered Users giving, through their mere access, registration and participation in the activity, exhibition, working group, laboratory, workshop or initiative in question, their consent to that assignment or assignments.
By virtue of the assignment to DCN of the right of transformation, DCN, by itself or by means of third natural or legal persons, may carry out one and successive works derived and/or composed of the Materials and exploit them, for the maximum period of time envisaged in current law, worldwide, by any means and in any form.
DCN reserves the right to disable, remove or delete the Materials created by Registered Users as a result of activities, exhibition, working groups, laboratories, workshops and initiatives offered through the Participate Area webpage, whether in part or in full, if they have reasonable grounds to believe that those Materials (i) are in breach of these Website Terms, (ii) may cause harm to DCN, other Users or third parties, or (iii) are contrary to the law in force at any given time, generally accepted morals, or public order. In that case, DCN will inform the affected Registered Users of the reason for the action taken in relation to the Materials, unless we have reasonable reason to believe that, were we to do so: (a) the law or guidelines of a competent authority would be infringed, or would entail legal liability for DCN; (b) an investigation, or the integrity or operation of the Website would be endangered; or (c) harm would be caused to another user, a third party or a DCN.
If DCN exercises any of its rights of disqualification, withdrawal or deletion of the Materials, totally or partially, DCN’s waiver of the right of exploitation of the intellectual property rights assigned by Registered Users, in accordance with the “Assignment of intellectual property rights” above, will be understood as implicit in the exercise of those rights. Consequently, in no case will DCN be liable for any liability and/or damage to third parties that may derive from those disabled, removed, or deleted Materials (or the part of them that has been disabled, removed, or deleted), for which the Registered Users who generated those Materials or who participated in their creation (i.e., in the activity, exhibition, workshop, laboratory, working groups or initiative of the Participate Area that gave rise to them) will be solely liable.
Registered Users may cease to use and request the deletion of their private account from the User Area at any time, which will mean requesting the removal and deletion of the Registered User data that have been recorded for this purpose, through registrations forms for the activities, exhibition, working groups, labs, workshops and initiatives offered through the Participate Area webpage in which that Registered User has participated, with the option of first downloading a copy of their data. For this purpose, Users must write to DCN via the email address: email@example.com or through the Contact section, requesting the removal of the Registered User from the User Area and the removal and elimination of the data provided by the User.
Without prejudice to the above, DCN may retain the data of Registered Users who request their removal from the User Area, if there is a legal provision that requires the storage of certain data or if the data are useful for the potential claims for liabilities arising from processing and only for their limitation period.
In addition, it is reported that remove of Registered Users from the User Area by the Registered Users will not affect the transfer of the intellectual property rights that they have assigned to DCN on the Materials, which DCN will retain for the period and with the scope indicated in the “Assignment of intellectual property rights on the Materials” section above.
DCN reserves the right to suspend or cancel access for Registered Users and their account to the User Area if: (i) the obligations described in these Website Terms are clearly or repeatedly breached; (ii) it is obliged to do so to comply with a legal requirement or court order; or (iii) it has reasonable grounds to believe that there has been conduct that generates liability or damage to a User, a third party or a DCN. DCN may also cancel access for Registered Users and their account to the User Area if it reasonably determines that maintaining the Participate Area and/or the User Area is no longer commercially viable. In any case, DCN will report the reason for the cancellation or suspension of access of Registered Users and their account to the User Area, unless DCN has reasonable grounds to believe that, if it does so: (a) the law or guidelines of a competent authority would be infringed, or would entail legal liability for DCN; (b) an investigation, or the integrity or operation of the Website would be endangered; or (c) harm would be caused to another user, a third party or a DCN.
In the event of cancellation or suspension of access and the User Area of a Registered User, the latter may only continue to make use of the other sections of the Website that do not require registration as a Registered User, like any other unregistered User of the Website. In that case, the remaining Website Terms will remain in force and will continue to apply to that use.