Legal Advice

1. Introduction.

This document aims to regulate the RULES OF USE and to safeguard the PROTECTION OF THE USERS of www.topcable.com (referred to herein as www.topcable.com), owned by TOP CABLE, S.A. (referred to herein as TOP CABLE), with corporate address in Rubí: Parc d’Activitats Econòmiques Can Sant Joan Cami vell de Sant Cugat s/n 08191 Rubí-Barcelona, telephone number 93 588 09 11 and fax number 93 588 04 11. The terms ‘You’ and ‘USER’ are used here to refer to the individuals or entities that for whatever reason access this site.

By using this site and/or its services, you have agreed to each and all of the General Conditions stipulated in the latest up-dated version of these Rules of Use. Therefore, the user must be aware of the importance of reading said rules each time they visit www.topcable.com. The access to and/or use of certain services offered to the users (referred to herein as the user) in www.topcable.com, may be subject to certain conditions that, depending on the case, substitute, modify and/or complete these Rules of Use. Therefore, the user must read and accept said conditions before accessing and/or using the services and contents.

2. Use of the site www.topcable.comand services

2.1 The user undertakes to use the page www.topcable.comand those services made available through the same, in a moral way in accordance with the Law, good customs and public order, as well as with that established by these Rules of Use. As a result, he or she is obliged to refrain from using the site www.topcable.com or services for illicit purposes or effects and/or in contrary to what is established in these Rules of Use, which could be harmful to the rights and/or interests of third parties or in any way that could damage the site www.topcable.com or impede its normal use or the use of the services accessed through the same, for the rest of the users, TOP CABLE and/or its image.

2.2 TOP CABLE can, in order to improve the www.topcable.comfor the benefit of the users, unilaterally modify, at any time and without prior warning, the services provided or any other substantial aspect of this site, or the operational, technical or user conditions of www.topcable.com. In the same way, the users, for the purpose of improving the service and establishing an optimum level of quality – the ultimate aim of TOP CABLE – can suggest those modifications that they deem useful by contacting those responsible for the page through the e-mail address topcable@topcable.com.

2.3 The users of www.topcable.commust observe any instruction that www.topcable.com, TOP CABLE or its duly authorized personnel send by e-mail

3. TOP CABLE protection of user personal data

When the user of www.topcable.com, sends their C.V. to be considered for one of the employment opportunities offered through www.topcable.com, they are voluntarily providing details of a personal nature (referred to herein as Personal Data) that TOP CABLE deals with in an automated form and incorporates into a file with the purpose of being able to provide and offer services. Said file is the responsibility of TOP CABLE and is registered with the competent authority.

Due to the characteristics of TOP CABLE activity and services and in order to develop and comply with objectives, it is necessary to provide third parties with personal data, which could entail an international transferal. This transferal of personal data can be to companies of the TOP CABLE and/or to other interested third parties. The cession of details of a personal nature to such entities has as its final purpose the correct provision of TOP CABLE services

At all times, the subjects of personal data have the right to access the file and are entitled to exercise the rights of rectification, cancellation and opposition to the terms stipulated by the data protection legislation. In the same way, user consent for the handling and cession of their personal data will be revocable at all times without retroactive effect, in accordance with that stated in articles 6 and 11 of the Law 15/1999, dated 13th December, on Protection of Personal Data.

For these purposes, it will be sufficient to contact TOP CABLE by sending an e-mail to topcable@topcable.com, or by writing to their registered address at Parc d’Activitats Econòmiques Can Sant Joan, Cami vell de Sant Cugat s/n, 08191 Rubí-Barcelona. TOP CABLE guarantees that it has adopted all appropriate security measures with regards its installations, systems and files. Furthermore, TOP CABLE guarantees the confidentiality of Personal Data, although it will reveal Personal Data to the competent authorities as well as any other information that is in their power or is accessible through their systems and is required by the legal regulations applicable to the case. The users of www.topcable.com guarantee and are responsible, in all cases, for the truthfulness, accuracy, validity and authenticity of the Personal Data facilitated, and undertake to keep them up-dated.

TOP CABLE services are not destined for minors and TOP CABLE does not request nor does it collect information relating to minors.

TOP CABLE can gather information on its users through mechanisms like cookies or the navigation log files of www.topcable.com. These mechanisms are exclusively associated to one single user and their personal computer. In such cases, TOP CABLE will only use these details as a whole and with the ultimate aim of improving its services. It is possible that TOP CABLE shares this information with client companies, but in the same way and in every case only with a global and statistical nature.

4. Causes for exclusion.

TOP CABLE reserves the right to temporarily or definitively exclude a user in the event of the following:

a. Breach of any of the General Conditions of Use established in this document.

b. Breach of the law, morality, and the Public Order.

By excluding a user, TOP CABLE does not renounce legal action or any corresponding legal compensation.

5. Right to modify the Rules of Use

TOP CABLE reserves the right to unilaterally modify without warning, any of the terms and conditions of these Rules of Use, in the terms and conditions that they deem necessary, informing the user of the modifications effected through www.topcable.com

6. Intellectual property and Copyright.

All the information contained in www.topcable.com, its graphic design and the HTML, JAVA, JAVA Script or Active X language codes, is protected by copyright or other intellectual property protection rights. These rights belong exclusively to TOP CABLE or their license holders. Internet users that access the site can consult the information contained in the same and carry out private downloads or copies to their private system, providing that the copied elements are not later ceded to third parties or installed in a server connected to the Internet or a local network. It is forbidden, without effecting that stipulated in the Rules of Use, to distribute, modify, provide, communicate publicly or copy a part of or all the information published in www.topcable.com, without the prior authorization of TOP CABLE. The user must use the contents and the information contained in www.topcable.com, in a diligent, correct and licit manner, and for personal use only. The content or any mention of sources, intellectual property and other identifying details of the rights of TOP CABLE or third parties must not be modified and must respect its original form. Any reproduction or copy, distribution or publication of any kind of the content of the information published in www.topcable.comwithout the prior written authority of TOP CABLE is prohibited. Authorization for reproduction can be requested by e-mail from topcable@topcable.com. In the event that any user or third party considers that any of the content of www.topcable.com has been introduced in the same in violation of the copyright or other intellectual property rights, we ask them to communicate said circumstance to TOP CABLE in writing to the e-mail address topcable@topcable.com. The following information must be included: a) Name, address, telephone number and e-mail address of the claimant. b) Details of the owner of the copyright or other intellectual property rights that may have been infringed. c) Indication of the infringed content and the position in the site www.topcable.com. d) Declaration that the content has been introduced without the express permission of the owner of the copyright or other intellectual property rights. Without affecting that stipulated in the above paragraphs, TOP CABLE reserves the right to defend themselves against claims based on the pertinent rules concerning publicity, copyright and other intellectual property rights.

7. Hiperlinks.

7.1 In the event that www.topcable.comrefers, via links, to third party publicity or Web pages, TOP CABLE is not responsible for the control and has not previously controlled, approved, or taken on the services, contents, details, files, products and any kind of material existing in the third party web page or pages. Therefore, TOP CABLE does not accept liability, under any circumstances, for the legality of the content of the said page(s). The third party, in an expository and non-limitative way, is exclusively liable for the legality, decency, good custom and public order of the contents, as well as their possible infringement of third party rights. The existence of a hyperlink does not mean that there is any relationship between TOP CABLE and the owner of the web page.

7.2 Those users or third parties that try to establish a hyperlink with the page www.topcable.com, must guarantee that the hyperlink only allows access to the pages or services of the page www.topcable.com, but does not execute, in an expository but non-limitative way, reproduction of the contents, deep-links, browsers, inaccurate or incorrect statements, about the content or the web page www.topcable.com. Except those signs that form part of the hyperlink, the user guarantees that the web page establishing the hyperlink does not contain brand names, commercial names, company signs, trade names, logotypes, slogans or any type of distinctive sign belonging to TOP CABLE.

8. Warranty and liability disclaimer.

8.1 TOP CABLE DOES NOT WARRANT THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE OPERATION OF ITS WEB PAGE NOR OF THE PRODUCTS OR SERVICES MADE AVAILABLE TO THE USER AND IS THEREFORE NOT LIABLE FOR THE DAMAGE OF ANY KIND THAT MAY BE DUE TO THE LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEB PAGE OR OF ITS SERVICES. HOWEVER, IT WILL TRY TO FACILITATE, AS FAR AS POSSIBLE, TECHNICAL ASSISTANCE TO THE AFFECTED PERSON.

8.2 TOP CABLE IS NOT RESPONSIBLE FOR THE CONTROL OF AND HAS NOT PREVIOUSLY CONTROLLED THE CONTENTS FOR THE PRESENCE OF VIRUS OR OTHER HARMFUL COMPONENTS, THAT MAY CAUSE ALTERATIONS IN THE SOFTWARE OR HARDWARE OF THE USERS OR PERSONS THAT VISIT THE PAGES AND IS THEREFORE EXCLUDED FROM ANY LIABILITY FOR THE DAMAGE OF ANY KIND THAT COULD DERIVE FROM THE SAME.

8.3 TOP CABLE IS NOT RESPONSIBLE FOR THE CONTROL OF AND HAS NOT PREVIOUSLY CONTROLLED, APPROVED OR ACCEPTED THE SERVICES, CONTENTS, DETAILS, FILES, PRODUCTS OR ANY KIND OF MATERIAL EXISTING ON THE WEB PAGE OR PAGES OF THIRD PARTIES AND IS THEREFORE IS WAIVED FROM ALL LIABILITY, UNDER ANY CIRCUMSTANCES, FOR THE LEGALITY OF THE CONTENTS OF THEIR WEB PAGE OR PAGES. IT IS THE EXCLUSIVE RESPONSIBILITY OF THE THIRD PARTIES, IN AN EXPOSITORY AND NON-LIMITATIVE WAY, TO ENSURE THAT THEIR CONTENTS COMPLY WITH THE LAW, DECENCY, GOOD CUSTOM AND PUBLIC ORDER, AND THAT THEY DO NOT INFRINGE ANY THIRD PARTY RIGHTS.

8.4 TOP CABLE IS NOT RESPONSIBLE FOR THE CONTROL OF, HAS NOT PREVIOUSLY CONTROLLED NOR DOES IT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE PRODUCTS OR SERVICES MADE AVAILABLE TO THE USER BY THIRD PARTIES HOSTED OUT OF www.topcable.com, AND THEREFORE IT IS WAIVED FROM ANY LIABILITY FOR THE DAMAGE OF ANY KIND THAT COULD BE DUE TO THE LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEB PAGE OR OF ITS SERVICES.

8.5 THE USER WILL BE LIABLE FOR THE DAMAGE OF ANY KIND THAT TOP CABLE MAY SUFFER SHOULD THE USER NOT COMPLY WITH THE LAW OR WITH ANY OF THE GENERAL CONDITIONS CONTAINED IN THIS AGREEMENT.

9. Safeguard for the Rules of use.

Should one of the stipulations of these Rules of Use be declared void or non-operational, the rest of the Conditions will be maintained in accordance with the terms agreed. TOP CABLE undertakes to substitute the stipulation in question, adhering as far as possible to the initial agreement of the parties.

10. Applicable law and competent Jurisdiction.

These Rules of Use are subject to Spanish law. TOP CABLE and its users, for the resolution of any disagreement that may arise with respect to the total or partial validity, execution, compliance or resolution, are subject to the Courts and Tribunals of the capital of Madrid, with express renouncement of their own jurisdiction or any other that, when appropriate, could correspond to them. This contract contains the total and complete agreement between TOP CABLE and the users, and substitutes all previous pacts, undertakings, statements or agreements, either written or oral, that may have previously existed between both.

PRIVACY POLICY

In compliance with the provisions of Organic Law 15/1999, of the Protection of Personal Data, we inform you that by filling in any form on the web site “http://www.topcable.com”, or by sending any electronic mail, or by clicking on “OK” or “Send” respectively, you implicitly accept this privacy policy, and also authorise TOP CABLE. to handle the personal data that you provide to us in a computerised system.

The user data will be stored in a computer file owned by TOP CABLE. and will be used for dealing with your observations and/or requests, to reply when appropriate, and to keep you informed about the services and new items that it is thought could be of interest to you and that are made available to our Customers, users of the web site and/or to the general public, by traditional means or by electronic mail or an equivalent means of electronic communication.

In the event of the user being interested in offering his/her professional services to TOP CABLE., and sending a CV for that purpose, it shall be understood that he/she authorises its handling in order to enter into possible processes for selecting company staff.

TOP CABLE. undertakes to keep the strictest confidence over the information that is provided to it and to use it only for the stated purposes, as is required to comply with current regulations concerning the Protection of Personal Data.

TOP CABLE. presumes that the data have been entered by their owner or by a person authorised by the owner, and that they are correct and exact. It is the user’s responsibility to keep his/her data up to date, TOP CABLE. not being liable for the accuracy of the data if the user does not inform TOP CABLE. in advance of any change in them (for example a change of email address).

The user can exercise his/her rights of access, rectification, and cancellation, and can revoke the consent that has been given by this authorisation by making the relevant application to any of the following addresses:

TOP CABLE.

Parc d’Activitats Economiques. Can Sant Joan.
Camí Vell de Sant Cugat s/n
08191 Rubí – Barcelona
Tlf. (+34) 93 588 09 11
Fax. (+34) 93 588 04 11