1.1.Erion Mantenimiento Ferroviario S. A (hereinafter ERION) is a company with registered offices at Calle Antonio Cabezón s/n , C.P 28034 MADRID (SPAIN) and tax ID number A-84916287. The telephone number is +34 910020220.
The company is registered in the Madrid Business Register, volume 23,795, folio 33, page M-426.400.
1.2. The domain name erion.es is owned by ERION.
2. Object and scope of application
2.1. These are the general conditions (hereinafter “general conditions”) regulating the access to and use of the website operating under the “erion.es” domain name (hereinafter, the Website), as well as the responsibilities associated with the use of its contents (“contents” being understood hereinafter as text, graphics, artwork, designs, codes, software, photographs, music, videos, sound, databases, images, expressions and information and any other creation protected by national laws and international treaties on intellectual and industrial property). Separately from these, ERION may establish particular conditions to regulate the use of specific services offered to users of the Website.
2.2. It is understood that by accessing or merely using the Website, the User agrees to the general conditions published by ERION at the time when the site is accessed. These general conditions are available to users, who should therefore read them carefully.
To this end, a user is understood as a person who accesses, browses, uses or participates in the services and activities offered on the website, whether free of charge or for a fee.
2.3. Furthermore, ERION may allow third parties to advertise or offer their services on its website. In this case, ERION is not responsible for setting the general or particular conditions governing the use, rendering or purchase of these services by third parties and is therefore not liable for the services.
2.4. Before using the services offered by ERION, the User should carefully read the particular conditions created by ERION to govern such services. The use of these specific services implies the acceptance of the particular conditions regulating the services, as published by ERION at the time when the service is used.
3. Intellectual and industrial property rights
3.1. ERION is the owner or holder of a license to the industrial and intellectual property rights and image rights to the contents available on its Website.
3.2. Under no circumstances shall the access to and use of the Website by the User imply any waiver, transmission, license or transfer of any or all of those rights by ERION.
3.3. Consequently, eliminating, eluding or manipulating the copyright or any other information identifying the rights of ERION or incorporated into the contents or any technical protection devices, digital fingerprints or other information and/or identification mechanisms incorporated into the contents is strictly prohibited.
3.4. Furthermore, modifying, copying, reusing, exploiting, reproducing, publicly communicating, re-publishing, downloading, emailing, transmitting, using, processing or otherwise distributing some or all of the contents included on the Website without the express written authorisation of ERION or the holder(s) of the corresponding rights is also prohibited.
4. Use of the Website
4.1. The contents included on the Website are intended for end consumers or users only. Any unauthorised commercial use or resale of the contents is prohibited without the prior written authorisation of ERION.
5. Responsibilities and warranties
5.1. ERION does not warrant the legality, reliability, usefulness, veracity or accuracy of the services or information distributed on its Website.
5.2. Consequently, ERION does not guarantee and is not liable for: (i) the continuity of the Website contents; (ii) the absence of errors in the contents or the correction of any defect which may occur; (iii) the absence of viruses and/or other damaging components on the Website or in the server that supplies the information; (iv) the ability of the safety measures implemented on the Website to remain invulnerable and/or impenetrable; (v) the lack of usefulness or performance of the Website contents; (vi) the damages caused by anyone, either to themselves and/or either to third parties, who violates the terms, conditions and instructions established by ERION for the use of the Website or who compromises the Website’s security systems
However, ERION declares that it has taken all necessary measures, within reason and in keeping with the state of the technology, to guarantee the operation of the Website and prevent the existence and/or transmission of viruses and other harmful components to Users.
6. General Information
6.1. The headings of the clauses are provided for information purposes only and in no way affect, qualify or add to the interpretation of the general conditions.
6.2. In the event of any discrepancy between the contents of the general conditions and the particular conditions of each specific service, the latter shall prevail.
6.3. If any of the provisions of these general conditions were found to be partially or completely invalid or illegal by a court or competent government authority, such invalidity or illegality shall not affect the other general conditions or the particular conditions of the services offered by ERION.
6.4. The failure by ERION to exercise any right or enforce any provision of these general conditions shall not constitute a waiver, unless acknowledged in writing by ERION.
7.1. The relations between ERION and the User shall be governed by the terms of the applicable laws in the competent jurisdiction.
However, in those cases where the law allows the parties to choose the jurisdiction, ERION and the User agree to be bound by the courts of the City of Madrid, waiving any other venue.