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Ferrovial - Integrated Annual Report 2014 / LEGAL NOTICE

1. Introduction and Company Information

This is the Legal Notice of the websites owned by Ferrovial, S.A., located at “ferrovial.com” and its respective subdomains (hereinafter, the “Website”).

Ferrovial, S.A. has registered offices at Calle Principe de Vergara, 135, 28002, Madrid, and Tax ID no. A81939209. It is registered at the Madrid Mercantile Register, Volume 20.624, Folio 152, Section 8, page M-204873 (hereinafter, the “FERROVIAL” Website).

You may contact FERROVIAL directly by emailing web@ferrovial.es or calling +34 91 586 2500.

2. Purpose and Scope

This Legal Notice regulates access to, and use of, the content offered by FERROVIAL on its Websites. However, FERROVIAL reserves the right to modify the presentation, configuration and content of the Website and services, as well as the conditions for access and/or use.

Nevertheless, access to certain content and the use of certain services may be subject to Special Conditions, which will replace, complement and/or modify, as the case may be, this Legal Notice or the General Conditions or the Specific Conditions (if any); in the event of any discrepancy, the Specific Conditions shall prevail over the General Conditions and the content of this Legal Notice.

By accessing, browsing or using this Website, Users implicitly accept the conditions in this Legal Notice in its current format at any given time.

In this regard, User means the person who accesses, browses or views the content on the Website; Registered User refers to the person who accesses, browses and registers to use, view, browse, store and/or download content and/or use the services of the Website.

3. User Obligations

Access and use of the Website does not require registration; however, to use certain functions, users may be required to provide information such as their name and email address.

The User agrees:

  • To accept and comply with the provisions of this Legal Notice and any documents that form an integral part of same.
  • Not to slander, abuse, molest, harass, threaten or otherwise violate the rights of any other Users or any other person.
  • Not to eliminate or attempt to override any of the security measures adopted and implemented on the Website.
  • To comply with the legislation in force.

4. Intellectual and Indrustrial Property Rights

FERROVIAL owns or has obtained the exploitation rights for the intellectual and industrial property on the Website, as well as the intellectual and industrial property rights for the information and materials, structure, selection, organisation and presentation of the content, services and products available through it, as well as the computer programs used in connection therewith.

Access, browsing, use, storage and/or downloading of content and/or use of the services on the Website by the User will in no case be considered a waiver, transfer, license or partial or total assignment of the aforementioned rights by FERROVIAL or the owner of the rights, as the case may be.

Consequently, the user is not permitted to delete, elude or manipulate the copyright notice or any other information identifying the rights of FERROVIAL or of the respective owners included in the content and/or services, as well as technical protection measures or any information and/or identification mechanisms that might be contained therein.

References to trade names and marks or registered trademarks, logos or other distinctive signs, whether owned by FERROVIAL or by third parties, implicitly entail a prohibition on their use without the written consent of FERROVIAL or their corresponding rightful owners. At no time, unless expressly stated otherwise, does access or use of the Website and/or its content and/or services give the user any rights with regard to the brands, logos and/or distinctive signs protected by law.

All intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, communicate publicly, make second or subsequent publications, upload files, send by mail, transmit, use, process or otherwise distribute all or part of the content and products included on the Website for public or commercial purposes without express written permission from FERROVIAL or the owner of the corresponding rights, as appropriate.

5. Communications License

In the event that the User sends information of any kind to FERROVIAL through the Website, using the channels provided for this purpose, the User states, warrants and accepts that he/she is entitled to do so freely, that the information does not infringe any intellectual property, trademark, patent, trade secret or any other rights of third parties, that it is not confidential, and that it is not harmful to third parties.

The User assumes liability and will hold FERROVIAL harmless for any communication supplied personally or in his/her name, including, but not limited to, liability for the accuracy, legality, originality and ownership of same.

6. Liabilities and Guarantees

The content on the Website is for information purposes and does not constitute a recommendation for any kind of investment, transaction or similar operation.

FERROVIAL declares that it has taken all necessary measures, within its capabilities and the possibilities of current technology, to ensure the functioning of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.

However, FERROVIAL offers no assurance as to the suitability or usefulness of the content on the Website, and it accepts no liability for any harm caused, to him/herself or a third party, by a person violating the conditions, rules and instructions that FERROVIAL establishes on the Website or through breach of the Website security systems.

If the User becomes aware of the existence of any banned or illegal content, or any content contrary to the law or which might constitute a violation of intellectual and/or industrial property rights, he/she should notify FERROVIAL immediately so that appropriate measures may be taken.

7. Links

7.1. Links to other websites

FERROVIAL accepts no liability for any aspect related to third-party websites that may be reached via links from this Website, specifically including, but not limited to, their working, accessibility, data content, information, files, quality and the reliability of any products and services provided, the links themselves and/or any of their content in general.

The establishment of any kind of link from the Website to a third-party website does not imply any kind of relationship, collaboration or relation of dependence between FERROVIAL and the parties responsible for the third-party website.

7.2. Links to this website from other websites

Any User, entity or website wishing to establish any kind of link to the Website must comply with the following conditions:

  • The link must be absolute and complete, i.e. it must take the User to the URL address of the Website in a single click and must include the full screen of the Website’s Homepage. In no case, unless authorised expressly in writing by FERROVIAL, may the linking website reproduce the Website in any way, include it as part of its own website or within one of its frames, or create a browser for any of the Website’s pages.
  • On the page establishing such a link, it shall not be permissible to state in any way that FERROVIAL has authorised such a link, unless FERROVIAL has done so expressly beforehand in writing. If the entity that links from its own page to the Website correctly wishes to include on its website the brand, name, commercial name, sign, logo, slogan or any other identifying element of FERROVIAL and/or its Website, it must obtain FERROVIAL’s express written permission beforehand.
  • FERROVIAL does not authorise the establishment of a link to the Website from websites containing material, information or content that is unlawful, illegal, degrading, obscene or generally contrary to moral, public order or generally-accepted social norms.

Privacy and Cookies

The Website’s policy on privacy and cookies is set out in the PRIVACY AND COOKIES POLICY.

9. Duration and Modification

FERROVIAL may modify any or all of these terms and conditions at any time by publishing any change in the same format as this Legal Notice or by way of any other type of communication directed towards Users.

Therefore, the validity in time of this Legal Notice coincides with the period of time it is displayed, until such time as it is modified, totally or partially, at which time the modified Legal Notice will come into effect and will be published on this Website.

Regardless of the provisions of the Specific Conditions, FERROVIAL may, at any time, and without the need to give advance notice, terminate, suspend or interrupt access to the content of the Website, without the User having any right to demand compensation. The prohibitions on the use of content expressed above in this Legal Notice will survive any such termination.

10. Miscellaneous

The headings of the clauses are for information purposes only and they do not affect, qualify or broaden the interpretation of the Legal Notice.

In the event of a discrepancy between the provisions of this Legal Notice and any Specific Conditions of a specific service, the latter will prevail.

In the event that any provision(s) of this Legal Notice were to be ruled null and void or inapplicable, in whole or in part, by any Court, Tribunal or any other competent administrative body, such ruling shall not affect the other provisions of the Legal Notice.

Should FERROVIAL not exercise or execute any rights or provisions contained in this Legal Notice, this will not constitute a waiver of such rights or provisions unless agreed to and acknowledged in writing by the company.

11. Jursidiction and Applicable Law

The FERROVIAL Website and its content will be governed by Spanish law.

The relationship established between FERROVIAL and the User is governed by current legislation with regard to the applicable law and competent jurisdiction. However, where the law provides the possibility of the parties submitting to a jurisdiction, FERROVIAL and the User shall submit all disputes and/or lawsuits to the Courts and Tribunals of the city of Madrid, under Spanish law, and expressly waive any other jurisdiction to which they may be entitle.