1) LEGAL WARNING
SBC SERVICIOS BÁSICOS DE CONGRESOS, S.L. (hereinafter SBC), Spanish taxpayer number B-61.128.823, registered at the Mercantile Registry office in volume 29128, folio 0147, page 150187, with an registered office at Calle Mont-roig, Ático 2º, 08006, Barcelona, owner of the www.sbc-congresos.com portal, regulates the use of the services made available to Internet users through the www.sbc-congresos.com portal.
2) SERVICES AND ACTIVITIES
Through its www.sbc-congresos.com portal, SBC offers the following contents, services, benefits and activities: “Services for organizing fairs, exhibitions, conferences and other related activities”.
As the company and the industry develop and evolve, SBC may extend the range of services provided through its website to include new services, activities or contents, in order to improve the benefits and quality of the service provided. In light of that SBC reserves the right to cancel, modify, replace or restrict the contents, services or activities, expressly and without notice to users.
3). TERMS OF ACCESS AND USE OF THE WEBSITE USER'S ACCEPTANCE AND RESPONSIBILITIES
1. Status, condition and notion of User: Any reference to User is a reference to any individual or legal entity who gains access to the www.sbc-congresos.com portal to view, peruse, enquire on, search in or consult its contents or to locate or acquire any product or services of interest to User.
To gain access to the portal in order to make enquiries, or search or view the contents, users need not previously register and be explicitly accepted as registered users, or to communicate their data.
2. Using the Website: User acknowledges and accepts that he may use the contents and services offered through the portal at his own risk and/or under his own responsibility.
User undertakes to use the portal and the services according to law, to the general terms, to the special terms for certain services and to any other notices, rules and instructions for use made known to him, as well as according to generally accepted ethical standards and good practice, and to public policy requirements. User likewise undertakes to make adequate use of the services and/or contents of the portal and not to use these to engage in unlawful or criminal behavior that breaches the rights of others and/or that infringes intellectual property regulations or any other applicable laws and regulations.
User undertakes not to bring into or spread in the portal any virus or damaging systems liable to damage the electronic data processing systems of SBC, its suppliers, third party users and third parties in general, as well as to refrain from inserting hyperlinks that allow portal pages and services to be accessed without due consent
User undertakes not to perform any acts that impair the good name of SBC or of third parties.
4. Truthfulness of the Information: The information provided by User must be truthful at all times, with User to answer for any false, imprecise or inaccurate representations, data, contents, information and details. User undertakes to report any future changes or modifications of his personal data, consequently bringing the reported data in line with the actual facts. In the event of inaccuracy in the information provided, SBC shall be released of all liability for failing to inform User on services, promotional activities and discounts, provided that SBC has acted with due diligence in communicating with User. In any case, User alone shall be responsible for any false or inaccurate representations he makes and for any prejudice caused to SBC or to third parties because of information supplied by User.
5. Acceptance by User: Merely by using the portal and reading the general terms, as well as the special terms, as the case may be, User undertakes to accept all the terms without any reservations and to answer for any inadequate, irresponsible, careless, negligent or fraudulent use of the portal and its contents, bearing the consequences and responsibilities in the face of any legal action or claims that may be filed before the courts of law as a result of his behavior.
4) RESPONSIBILITY FOR THE OPERATION AND CONTENTS OF THE WEBSITE:
1. Correct operation, and unbroken availability: SBC shall not be responsible for any operating failures of the portal or for any breakdowns, delays, slowness, loss or disconnection in communications and in the transmission of messages. SBC does not warrant and is not responsible for ensuring that the portal will operate and will be operational continuously, constantly and unbrokenly.
2. Liability for Damages to User: SBC shall not be liable either directly or secondarily for damages of any description caused to User by viruses or other elements present in the contents and services provided by third parties that may cause alterations in User's electronic data processing system. Nor shall SBC be liable for damages caused to User by failures and errors relating to access, connection, transmission, unjustified interruptions of the service, intrusions, computer viruses, mass advertising or when such developments result from circumstances alien to the portal such as for example defects in User's hardware, defective computer connections, viruses inside User's computers, slowness and problems in communications that User may experience with the ISPs, or when such developments take place for reasons of force majeure.
3. Responsibility for contents: SBC does not guarantee the quality, accuracy or reliability of data, software, information or opinions, from any sources whatsoever, circulating in the portal. User alone shall bear any consequences, losses or claims that may result from accessing said contents.
4. Responsibility for third parties: SBC shall not be responsible for the consequences of the deeds of third parties alien to the system who, breaching security measures, perform acts against users such as sending them computer viruses, mass advertising or spam, commercial mail messages, or interrupting the service and gaining access to messages.
SBC undertakes to adopt and assures User it has adopted all technical, organizational and legal steps for the security of communications, both in the matter of secure connections and that of personal data protection. SBC does no assure or warrant and is thus not responsible for ensuring the total invulnerability of its security system and the inviolability of communications.
This exemption from liability shall apply provided always that SBC is able to prove it was not aware of these computer viruses or acts of third parties, or that, even if it was aware, SBC acted with due care to remove data, prevent access and eliminate the viruses in the computer files or has reported these circumstances to the responsible authorities.
Nor shall SBC be liable for any losses that may be incurred in cases of force majeure, acts of God or events not attributable to the company. Nor may SBC be held responsible in the event of inadequate operation of the portal for reasons beyond its control, such as, merely for illustrative purposes and without limitation, malfunctioning of ISPs, poor configuration of User's computer, or insufficient capacity of User's electronic data processing system to support the contents and the volume of information displayed on the portal. Notwithstanding that, SBC undertakes to use its best efforts to solve any technical problems, correct them or help User to overcome them.
5) INTELLECTUAL PROPERTY
The contents, items and information User may access through the Portal are subject to and protected by the applicable regulations on Intellectual Property including trademarks and trade names, labels, graphic items, logos, patents and copyrights. These belong solely to SBC and are protected by domestic, EU and international regulations on Intellectual Property.
User undertakes not to delete, change, copy or alter any distinctive signs, marks, trade names, labels, graphic items or logos. User accepts that access to the portal and to its contents does not grant User any rights of ownership or for altering, modifying, using commercially, misappropriating, marketing, or engaging in any acts involving slander, confusion, benefitting from their reputation, or committing any acts of unfair competition that are in breach of the intellectual property rights of SBC.
As for the contents, designs, drawings and illustrations on the portal, these belong solely to SBC and are protected by the applicable domestic and international legislation. User acknowledges that SBC's copyrights are protected by the provisions in force on Intellectual Property.
User acknowledges that none of the rights mentioned herein are assigned to User and undertakes not to use, reproduce, publicly communicate, distribute or decompile them. User shall be liable for any behavior that is at odds with these rights, shall be solely liable towards third parties and shall answer for any legal actions or claims filed before the courts of law on grounds of infringement.
Thus, User undertakes to use this information solely to meet User's own needs, or any queries or requests for assistance, and not to directly or indirectly engage in any commercial use of the services or the contents, or in any other behavior that adversely affects the intellectual property rights of the holder of those rights. User also undertakes not to suggest to or incite third parties or third party competitors of SBC to engage in behavior forbidden by law or in acts of unfair competition that hamper the positioning of the company, generate confusion, association, undermine the credibility of the image, trade mark or trade name, acts of contempt or acts of comparison with the aim of hampering the implementation, development and correct performance of SBC in the trade.
Nor may User make use of the distinctive signs to perform commercial actions in its own benefit or in benefit of others. User shall refrain from engaging in behavior that is contrary to ethical standards, public policy or good practice, as well as in acts against the dignity, honor, image, personal or family privacy, or that are unlawful or attack moral standards and good practice.
User alone shall be responsible for any forbidden or unlawful behavior, and User undertakes to hold SBC harmless in the face of any claims filed before the courts of law or out of court as a consequence of User's behavior. User undertakes to and shall be responsible for ensuring compliance with them and for extending them to include all those persons who are authorized by User to make use of its restricted access to the portal.
6) CONFIDENTIALITY AND DATA PROTECTION
SBC informs User that certain uses of the portal call for User to furnish personal data, with User giving its approval, by communicating the data, for these to be processed and entered in personal data files carried by SBC.
SBC assures that it complies with and applies all organizational, technical and legal security measures required under the provisions of the Personal Data Protection Organic Act 15/1999 and its developing Regulation approved through Royal Decree 1720/2007.
SBC undertakes to install other additional technical, organizational and legal means in the future, to adjust accordingly to any new developments in security technology and to technological infringements. The foregoing notwithstanding, User must be aware that no internet security measures are impregnable.
7) MODIFICATIONS, SUSPENSION OF THE SERVICE
1. Modifications: SBC reserves the right to make such modifications as it deems fit in the portal at any time, organizing, deleting or adding contents, data or services. Such modifications may be carried out unilaterally and without notice. Concerning the general and special terms, SBC reserves the right of amending or altering them and/or writing new clauses as it expands into new activities or to bring the terms in line with new laws and regulations as these become effective. Such amendments shall only be mandatory upon becoming effective and shall be applicable to User as from the moment User gains access to the portal.
2. Suspension of the Service: SBC reserves the right of unilaterally suspending the service without notice or of temporarily or finally denying access to the portal to any User who fails to comply with these general or special terms, or performs acts that are illegal, unlawful or contrary to law, to public policy and good practice.
8) DURATION AND ENDING AND TERMINATION
In principle, the portal will remain in operation and its services will be available for an open-ended period of time. Notwithstanding that, SBC may temporarily suspend the service or finally cease to provide the service at any time. In such event, SBC undertakes to inform users of the suspension or temporary or final closure by means of announcements.
In the case of unilateral termination of the service or of the portal being forced to close down, SBC shall inform User in advance of the reasons for termination as well as on the reasoning on which its decision is based. In these cases, SBC undertakes to keep the information stored by users on its server for a period of ten calendar days, after which it shall erase the information without being liable in any way for having done so.
9) NOTICES AND PROCEDURES
SBC may serve User notices by post to User's address, by email, over the telephone, or by any other public means of transmission provided that this information has been duly made available to SBC.
In that respect, all notices served by SBC on User are deemed to be validly served if they are sent using the information and means referred to above. To that effect, User states that all the information made available to SBC is true, accurate, correct and truthful, and undertakes to report to SBC all future changes, new developments and modifications relating to the information for serving notices.
All notices and communications by User to SBC are deemed to be effective, to all effects and purposes, if sent to SBC in any of the following ways:
1. By post, to the following address: Calle Mont-roig, Ático 2º, 08006, Barcelona
2. By email, to: firstname.lastname@example.org
10) LAW AND JURISDICTION
All questions concerning the Portal are governed in each and every respect by the laws of Spain, and fall under the jurisdiction of the competent Courts and Magistrates in Spanish territory.
The parties hereto hereby explicitly waive any other laws and jurisdiction to which they are entitled to resort and accept the laws of Spain as the governing law for this agreement, in the event of a dispute arising over the interpretation or performance of these clauses, and agree to bring any lawsuits relating to this agreement before the Courts and Magistrates of Barcelona.