Legal Conditions

TERMS OF USE

General Information

www.ponspatentesymarcas.es is owned by PONS Patentes y Marcas Internacional, S.L. (B84921709) registered at the Commercial Register of Madrid, Volume 23494, Section 8 in the Book of Companies, Folio 191, Page M-421468, Inscription 1 (henceforward referred to as “PONS”).

  1. OBJECTIVE AND SCOPE

The present Terms of Use (“Terms of Use”) regulate access, navigation and use of the website under the domain “ponspatentesymarcas.es” (the “Website”) as well as the responsibilities derived from the use of its contents (understanding hereinafter “Contents”: texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information as well as any other creation protected by national laws and international treaties on intellectual property).

It is understood that the access or mere usage of the Website by the User implies the acceptance of the Terms of Use that PONS has published at any given moment. In this sense, the term “User” is the person who accesses, navigates, utilizes or participates in the services and activities, free or onerous, developed on the Website.

  1. ACCESS AND WEBSITE USE

Access to the Website by users is free and gratuitous, however, some of the services and contents offered by PONS or third parties through the Website may be subject to the prior hiring of the service or product and payment of a sum of money in the manner set forth in the corresponding Conditions, in which case it shall be at your disposal in a clear manner.

Any unauthorized commercial use of the content available on the Website, or resale, is prohibited unless previously authorized in writing by PONS .

For the use and/or hiring of a service on the Website, the User must first register, in which he will be responsible for providing true and lawful information. As a result of registration, the User will be given a password and agrees to use it carefully and keep the password secret in order to access these services. Consequently, the Users are responsible for the adequate custody and confidentiality of any identifiers and/or passwords that are supplied by PONS and agree to not transfer them to third parties, be it temporarily or permanently, nor allow access to others.

The User shall notify PONS immediately of any fact which might lead to the misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access to them in order to proceed their immediate cancellation. If such facts are not disclosed, PONS is exempt from any liability that may arise from improper use of the identifiers or passwords.

The access, navigation and use of the Website is the User’s responsibility, so the User agrees to diligently and faithfully observe any additional instructions given by PONS or any authorized PONS personnel relating to the use of the Website and its contents.

The User agrees to use the contents diligently, correctly and legally and in particular refrains from (i) using the contents for purposes contrary to the law, morality and generally accepted norms or public order; (ii) reproducing or copying, distributing, allowing public access through any means of public communication, transform or modify the contents unless otherwise instructed by the copyright holder or it being legally permitted (iii) use the contents, and in particular, the information of any kind that is obtained through the website or the services to send advertising, communications for direct marketing purposes or any other commercial purpose, unsolicited messages directed to a plurality of people regardless of its purpose and refrain from selling or otherwise disclose such information.

  1. PERSONAL DATA

Consent

To use or access any of the content and/or services featured on the Website, PONS may ask its users to fill out certain registration forms which entail the provision of certain personal data. PONS shall treat such details in accordance with the purposes and on the terms described in each case. By completing and submitting any form on the Website, the User consents and expressly authorizes PONS to collect or hand over, depending on the case, the personal data that is requested in accordance with the purposes and under the conditions from each case.

  • Come work for us

The information that the User sends us through this form, including any attachments and/or information provided to PONS, including the photo, will only be used to assess the application and, if necessary, contact the User for the purposes of conducting a selection process.

  • Can we help you?

The personal data that is provided by the User will be used so as to contact the User and answer questions, complaints and/or suggestions and send, via any means, including electronically, the information requested.

  • Press Contact

The personal data provided to us by the User will be used so our Communications Department can contact the User, manage consultations, complaints and/or suggestions and send, via any means, including electronically, the information requested.


Security Measures

PONS has adopted and will adopt all technical and organizational security measures which are required, in accordance with the provisions of the legislation and existing quality standards in the sector in order to ensure maximum communication security and confidentiality. PONS is committed to fully complying with the duty of secrecy and confidentiality of personal data contained in the file in accordance with the law.

Nonetheless, the User acknowledges and agrees that (i) the Internet security measures are not impregnable, (ii) the Internet networks are not safe and (iii) any message sent through here can be intercepted or modified by unauthorized people.


Access rights, rectifications, cancellations and oppositions

Users may exercise the access rights, cancellation and opposition by directing their message to “Data Protection” in the address included in these Terms or email nuevastecnologías@pons.es as established in the legislation.

  1. NEWSLETTER AND ELECTRONIC COMMUNICATIONS

PONS may make available to Users who previously have authorized through the registration form provided, the service of sending a newsletter that includes news, updates and the most relevant information of the Website. Users may also cancel or change the subscription to this newsletter by sending an email to nuevastecnologías@pons.es.

PONS informs that, unless the registered User does not authorize it, it will send commercial announcements,by electronic means, containing information on other products, services and events, both their own and the rest of the PONS companies (PONS Consultores de la Propiedad Industrial, S.A., PONS Formación, S.L., Fundación PONS, PONS Seguridad Vial, S.L., Gestoría PONS, S.L., Sistemas Administrativos, S.A., PONS Consultores Registrales, S.A. y PONS Agropecuaria, S.L.) which may be of interest to our Website Users when they expressly request it. This consent may be revoked at any time by the user.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

PONS owns the rights for the exploitation of the Website’s intellectual and industrial property, is also the owner and has the corresponding licenses on the intellectual, industrial and image rights on the Contents available in it.

Under no circumstances is it understood that the access and navigation of the User implies a waiver, license or total or partial transfer of such rights by PONS. Consequently, it is not permitted to remove, ignore or manipulate the copyright notice (“Copyright”) and any other data identifying the rights of PONS or its owners included in the content as well as technical protection devices, fingerprints or any information mechanisms and/or identification that might be in the contents.

It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, load files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the Website for public or commercial purposes without the expressed written authorization from PONS, or of the corresponding copyright holder.

  1. LICENSE ON INFORMATION

In the event that the User sends information of any kind to the Website, he declares, guarantees and accepts that he has the right to do so freely and said information does not infringe any laws pertaining to intellectual property, trademark, patents, trade secrets, or any other third party law; that said information is not confidential in nature and is not harmful to others.

The User assumes all responsibility leaving PONS unscathed from any information that he personally provides or is provided in his name, reaching said responsibility without restricting the accuracy, legality, originality and ownership of it

  1. RESPONSABILITIES AND GUARANTEES

PONS does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or information provided through the Website.

Consequently, PONS does not guarantee or is responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in the content or the correction of any defect that may occur; (iii) the absence of viruses and/or other harmful components in the Website or the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the adopted security measures; (v) the lack of utility or performance of the contents of the Website; (vi) damages caused to oneself or a third party, any person who breaches the conditions, rules and instructions that PONS establishes on the Website or through the breach of the Website’s security system.

However, PONS states that it has taken all the necessary measures, within its capabilities and state of technology, to ensure the functioning of the Website and avoid the existence and transmission of viruses and other harmful components to Users.

  1. LINKS

Links to other Websites:

In the Website, the User may find links to other websites through different buttons, links, banners, etc., which are managed by third parties. PONS has no power, means of knowing, control or approval of the information, content, products or services provided by other websites from which the links are established. Consequently, PONS can not assume any responsibility for any aspect of the website to which a link is established from said third party site. The establishment of any type of link on the Website in another alien website does not imply any kind of relationship, collaboration or dependency between PONS and the head of the other website.

Links to other sites with destination to the Website:

If any other User, entity o site wishes to establish some type of link that takes them to the Website, they/it shall have to comply with the following stipulations:

  • The link will be able to solely redirect you to the Main Page of the Website, unless expressly authorized in writing from PONS.
  • The link will be absolute and complete, meaning, it should take the User, through a click, to PONS’ URL address: http://www. Ponspatentesymarcas.es and it should fully embark the Website’s Home Screen. In no case, unless PONS authorizes it orally and in writing, the website that provides the link can reproduce, in any way, the Website; include it as part of its own site or within one of its “frames” o create a “browser” on any of the Website’s pages.
  • Nowhere in the site’s page should it be stated that PONS has authorized this link, unless PONS has done so expressly and in writing. If the entity that utilizes the link from its site to the Web site wanted to include on its website, the trademark, name, label, logo, slogan or any other identifying element of PONS and/or the Website, you must have prior expressed authorization as well as written consent.

PONS does not authorize the establishment of a link on the Website from those sites that contain material or information that is illicit, illegal, degrading and obscene as well as those that violate morals, public order or the general accepted social norms.

PONS does not have the faculties nor the human or technical resources to know, control or approve all the information, content, products or services provided by other websites that have established links on the Website. PONS assumes no responsibility for any aspect of the website that establishes a link to the Website. The establishment of any type of link from the Website to another website does not imply any kind of relationship, collaboration or dependency between PONS and the head of another website.

  1. SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEB SITE

PONS may allow third parties to advertise or provide their services. In these cases, PONS will not be responsible for establishing the Terms of Use and Special Conditions that should be taken into account when it comes to the use, provision or procurement of said third party services and therefore can not be held responsible for them.

PONS does not guarantee the legality, reliability and usefulness of the services provided by third parties through this website or on those that PONS only acts as an advertising channel.

PONS will not be held liable for damages of any kind caused by the services provided by third parties through this website, and in particular, without limitation, those caused by (i) breach of the law, morality or public order; (ii) the incorporation of viruses or any other computer code, files or programs that may damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment; (iii) infringement on intellectual and industrial property, trade secrets, contractual commitments of any kind; (iv) carrying out acts that constitute illegal, deceptive or unfair advertising and, in general, constitute unfair competition; (v) the lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, distributed, stored, received, obtained, made available or accessible; (vi) infringement of the rights to honor, personal and family privacy and image of persons or generally any third party rights; or (vii) the vices and defects that may arise in relation to third parties.

  1. DURATION AND MODIFICATION

PONS may modify the terms and conditions stipulated, wholly or partially, publishing any change in the Terms of Use or through any other type of communication directed to the Users.

The validity of these Terms of Use coincides with the time of their exposure until they are totally or partially modified, at which time they will come into effect.

Regardless of what has been established, in this case, in the Special Conditions, PONS may terminate, suspend or discontinue at any time without prior notice, access to the website’s contents without the possibility for the User to demand compensation. Upon such termination the prohibitions of the use of the contents previously exposed in the Terms of Use will still be applicable.

  1. GENERALITIES

The headings of the various clauses are informative only and do not affect, qualify or extend the interpretation of the Terms of Use.

In the event of any discrepancies in the aforementioned Terms of Use and Special Conditions of the specific services, the latter will prevail.

In the event that any provision or provisions of the Terms of Use were considered void, null, inapplicable or irrelevant, wholly or partially by any court, tribunal or administrative body, said nullity would not affect the other provisions in the Terms of Use or the Special Conditions of the different services at PONS.

If PONS fails to enforce or exercise any right or provision in these Terms of Use, it will not constitute as a waiver, unless it is expressly stated in writing.

  1. JURISDICTION

The relationship established between PONS and the User will be governed by the current regulations applicable to existing legislation and competent jurisdiction. However, for cases in which the regulations foresee the possibility of the parties submitting to a fuero, PONS and the User, expressly waiving any other fuero, will submit to the jurisdiction of the Courts of the city of Madrid.