TERMS AND CONDITIONS OF USE
In case of conflict between the English translation and the original Spanish version of this Terms and Conditions of Use, the Spanish version will prevail.
PRISA RADIO, S.L., is the registered owner of the www.prisaradio.com website (hereinafter website, webpage or www.prisaradio.com)
1. OWNERSHIP: In compliance with the provisions of article 10 of Ley (34/2002, de 11 de julio de Servicios de la Sociedad de la Información y de Comercio Electrónico (Law 34/2002, of 11 July, the Law of Information Society Services and Electronic Commerce), we hereby declare that this website is the property of PRISA RADIO, S.L. with registered office at C/ Gran Vía núm. 32, 28013, and VAT number B80739063 Madrid, registered in the Registro Mercantil of Madrid, tomo 7292, folio 186, Sección 8, Hoja número M-118154, inscripción 1ª. Contact email: firstname.lastname@example.org
2. VISITORS: Access to and/or use of this website confers the status of VISITOR which entails the unreserved acceptance of the Terms and Conditions described below. These conditions will be applied independently of the General Conditions and/or Specific Conditions that are obligatory.
3. USE OF THE WEBSITE:
3.1. This service is free and maintained by advertising revenue; therefore while accessing, using or visiting the website, USERs and VISITORs may be exposed to advertising, or receive promotions, through other electronic communication media (email, sms, mms, etc.).
Notwithstanding the above, certain services or specific content offered by PRISA RADIO or third parties through www.prisaradio.com, may be subject to the contracting of said service or content and the payment of a fee determined in the General or Specific Conditions which will be made available to the USER and/or VISITOR.
Products and services may not be contracted via www.prisaradio.com by minors. All minors must have parental consent or the consent of their legal guardians, who will be held responsible for the actions of the minors under their charge, in accordance with the law.
This website provides access to a wide range of information, services, programs and data (hereinafter, the “content”) that are the property of PRISA RADIO, its licensors or third parties to which VISITORS may have access. The VISITOR shall assume full responsibility for the use of this website. This responsibility extends to registering, if required, in order to access certain services or content.
4. USER REGISTRATION: Where, in order to carry out certain activities on the website, the VISITOR is requested to register, said VISITOR is conferred with the status of USER. When registering, the USER undertakes to provide true and lawful information and not to create multiple accounts nor create accounts on behalf of third parties. Upon registering, the USER must choose a user ID and user password.
The USER undertakes (i) to refrain from choosing a User ID composed of expressions that could be deemed offensive, derogatory, obscene, discriminatory, an affront to personal dignity, that coincide with initials, words or terms held in copyright, that may be in breach of the law, or common decency, or that may belong to another party; (ii) to use it diligently and to maintain it confidential. The USER will be responsible for any damage arising from the use by a third party of their User ID or password when this results from careless use or loss.
USERS must be over 14 years of age.
5. USER AND VISITOR ACTIVITY: VISITORS and USERS shall make appropriate use of the content and services (for example chat rooms and message boards) that PRISA RADIO or third parties may offer on the website. VISITORS and USERS undertake amongst others (i) not to use them to participate in any activities that are unlawful, illegal or that contravene good faith or public order; (ii) not to disseminate content or propaganda that is racist, xenophobic, pornographic or unlawful, or that justifies terrorism or infringes human rights; (iii) not to damage the hardware or software of PRISA RADIO or its companies, that of its suppliers or third parties, or to introduce or disseminate on the Internet viruses or any other hardware or software capable of causing such damage; (iv) not to attempt to access or otherwise use accounts of other USERS or to modify or manipulate their messages; (v) not to publish any messages of a commercial nature; (vi) not to compile or divulge personal or third party data; (vii) not to impersonate the identity of another USER; (viii) not to harass or intimidate other USERS.
Neither PRISA RADIO nor its companies shall be held liable or responsible for opinions expressed by VISITORS and/or USERS in the message boards, chat rooms or other interactive spaces.
7. COPYRIGHT, INDUSTRIAL AND INTELLECTUAL PROPERTY: PRISA RADIO, either as proprietor or assignee or licensee, is the holder of all intellectual and industrial property rights on the web pages, as well as all of the elements contained therein (including, but not limited to images, sounds, audio, video, data bases, software, texts and fonts; as well as any other creation protected by national and international law and treaty such as trademarks and logos, color combinations, structure and design, selection of the materials used, computer programs necessary for its functioning, access and use). It is strictly forbidden to reproduce, transform, distribute, publicly communicate, make available to the public or in any way commercially exploit part or whole of the web content in any form, including the modification, alteration or disassembly thereof without the prior written consent of PRISA RADIO. The VISITOR and/or USER undertakes to respect the copyright held by PRISA RADIO and third parties. The VISITOR and/or USER shall refrain from deleting, modifying, overriding or manipulating any protective or security system installed on this webpage.
All rights are reserved.
8. COPYRIGHT REGARDING USER-GENERATED MATERIAL: With regards to user generated-content (including, but not limited to, images and photos, video, texts, comments, feedback, audio, hereinafter user-generated content) that the USER or VISITOR uploads to the website, said USER or VISITOR declares, guarantees and accepts (i) that s/he is the owner and holder of the copyright, intellectual property, brand, patent, trade secret or that s/he has been authorized to display or exhibit it in accordance with these Terms and Conditions; (ii) that s/he has the express permission of any person or persons appearing in the user-generated content; (iii) that the content in no way is (or could reasonably be expected to be) threatening, abusive, defamatory, or obscene, nor does it violate or infringe (or could reasonably be expected to violate or infringe) the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights. Further, the USER will indemnify and hold PRISA RADIO and its companies harmless from any third party claim regarding the failure to comply with the present guarantee.
Occasionally, PRISA RADIO will have the right to use, display or exhibit user generated-content. These include the inclusion of user generated-content in publications including annual reports, compendiums or compilations published by PRISA RADIO or third parties. For this reason, the USER grants to PRISA RADIO, its assigns and authorized nominees, and for the maximum period of time permitted by the Legislation on Intellectual Property, an exclusive, worldwide, transferable license to, amongst others, use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public any user generated content uploaded by the USER in all known media, and any media that might emerge in the future throughout the world, including, but not limited to television, print media, radio or internet.
Copyright thus granted includes the right of PRISA RADIO to use extracts, clips, fragments, audio elements, and so on, of the user generated content for its reproduction, distribution, public display or exhibition either as an isolated piece of work or incorporated with other material.
9. LINKS: In the event that the website contains links or hyperlinks to other Internet sites controlled or managed by third parties (be it through links or banners), PRISA RADIO shall not exercise any type of control with respect to those sites and their content. At no time shall PRISA RADIO nor any of its companies assume any responsibility for content accessed through a link to another website, nor does PRISA RADIO make any guarantees concerning the technical availability or the quality, accuracy, exactness, veracity, validity, lawfulness or constitutionality of any material or information accessed through such hyperlinks or on other Internet sites. Furthermore, the inclusion of outgoing links does not imply any type of association, relationship or affiliation between PRISA RADIO or its companies and the owners of the site thus accessed.
A USER or VISITOR wishing to establish a link from their own website to www.prisaradio.com must comply with the following criteria: (i) the link must take the user to either the home page of www.prisaradio.com or to one of the internal pages but under no circumstances can the destination page be reproduced (inline links, reproduction of texts, graphic etc); (ii) it is forbidden to set up frames that allow remote viewing of www. prisaradio.com content under an internet address that is not www. prisaradio.com or allow such content to be viewed in a way that may cause confusion among USERs and VISITORs or lead them to believe that an association or relationship exists between the two sites or in a way that might be considered as taking advantage of the brand and prestige of PRISA RADIO or any of its companies. The webpage supplying the link must also be in compliance with current legislation. Under no circumstances will PRISA RADIO permit inbound links from sites that provide content, information or material that is unlawful, illegal, degrading, obscene, or that contravenes morality or public order.
10. SERVICES PROVIDED BY THIRD PARTY SOURCES ON THE WEBSITE: PRISA RADIO does not endorse or guarantee the truthfulness, accuracy, reliability or usefulness of services offered by third parties on www.prisaradio.com or where PRISA RADIO is merely operating as an advertising channel.
Neither PRISA RADIO not its companies will be responsible for any losses, claims or damages arising from the use of services provided by third parties through the website, including but not limited to: (i) breach of intellectual, industrial property or copyright legislation.; (ii) infringement of the law, public order or morality; (iii) misleading, disloyal or unlawful advertising. (iv) affronts to personal dignity, privacy and image-related infringements involving third parties; (v) lack of accuracy or veracity of claims in the content; (vi) the transmission of any virus; (vii) the breach, for whatever reason, of any contract entered into with third parties.
Neither PRISA RADIO nor its companies are responsible for stipulating the General and Specific Conditions regarding the use, provision or contracting of services from third parties and cannot, therefore, be held responsible for any related issues.
11. RIGHT TO EXCLUDE: PRISA RADIO has the right to remove or delete, without warning, any comment or contribution including, but not limited to, texts, videos, photographs, images and audio that are or could reasonably be expected to be an affront to personal dignity, that may be deemed discriminatory, xenophobic, racist, or pornographic, that jeopardize youth or children, or that contravene public order or threaten public security, that are in breach of these Terms and Conditions or that, in the opinion of PRISA RADIO are not appropriate or suitable for publication.
Moreover, PRISA RADIO has the right to remove or delete without warning, amongst others, any content, text, photography, audio, video, if requested by a third party which holds a subjective right or a legitimate interest over the content that the VISITOR or USER has uploaded to the website.
PRISA RADIO may store and use the IP address of its USERs and VISITORs in order to administer and monitor the use of the website as a whole. PRISA RADIO will not associate IP address with identifiable personal details of VISITORs or USERS.
12. EXCLUSION OF LIABILITY: PRISA RADIO excludes liability for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) of any kind arising as a result of (including but not limited to) errors or omissions in the web content, website performance, unavailability of the webpage, or the transmission of viruses or malicious or damaging programs (malware) via the website or content, despite having adopted the necessary technological measures, within its possibilities and bearing in mind the current state of technology, to prevent them.
Neither PRISA RADIO nor its companies has the obligation to verify the identity of USERS nor the accuracy of the data a VISITOR or USER provides about themselves or about a third party.
13. USER/VISITOR’S RIGHTS AND OBLIGATIONS: The USER and/or VISITOR will be held responsible for any loss, claim, damages or any special, consequential, exemplary or punitive damages (whether directly or indirectly incurred) affecting PRISA RADIO, its companies other USERs and/or VISITORS of the website and its services, and third parties arising as a result of failure to comply with these Terms and Conditions. The USER and/or VISITOR will indemnify and hold PRISA RADIO harmless for any loss or damages claims from third parties.
PRISA RADIO may prosecute any breach of these Terms and Conditions and any misuse of this website, exercising all civil and criminal actions to which it may be entitled.
14. HACKING AND FRAUDULENT ACCESS: Neither PRISA RADIO nor its companies will be held responsible for any hacking attacks against, or fraudulent access to, our data bases by third parties.
15. MODIFICATIONS TO THE WEBSITE: PRISA RADIO may at any time modify, without previous notice, any aspect of the website, including content and services as well as how these are displayed and presented.
17. MODIFICATIONS AND AMENDMENTS TO THE TERMS AND CONDITIONS AND DURATION: PRISA RADIO may at any time modify the Terms and Conditions contained herein, and duly published them in like form. These modifications will become effective after they have been duly published on the website.
18. LEGISLATION AND APPLICABLE LAW: The relationship between PRISA RADIO and USER and/or VISITOR shall be subject to current Spanish legislation and all disputes shall come under the jurisdiction of the courts of the city of Madrid.
In the event that a clause or a condition of these Terms and Conditions should be judged null and void or without effect by the courts or administrative bodies, the other clauses of the General and Specific Conditions pertaining to the different services provided by the website shall remain valid.
PRISA RADIO´s failure to exercise any specific right or provision of the Terms and Conditions shall not constitute a waiver of said right or provision, unless the the company communicates said view in writing.
The USER and/or VISITOR acknowledges that they are aware of the contents this Terms and Conditions of Use and accepts the obligations stipulated herein in their entirety.