1. LEGAL INFORMATION AND ACCESS OF CONDITIONS OF USE
This notice and legal information regulate the use of the Internet service http://mediad.ibit.org that is made available to Users of the Internet by the IBIT Foundation, domiciled in Palma de Mallorca, Parc BIT, Carretera de Valldemossa Km 7.4, Edificio 17, Planta Tercera, Puerta D-2 with CIF (Spanish Tax Identity No.) G07896004.
Access to the website MEDIAD, as well as information relative to any of the products or services contained therein, signifies the acceptance of the conditions set out in this Legal Notice. It is therefore advisable to read the contents carefully if you wish to access and make use of the information and services offered from the MEDIAD portal.
Access to the website is sole and exclusive responsibility of the visitor.
2. OBJECT
This document has as its objective the establishment of the General Conditions of Use of the Internet portal MEDIAD, found at http://www.mediadcentral.com , property of the IBIT Foundation.
MEDIAD is a B2B (Business to Business) web application that has as its aim the common pooling of the offer and demand of advertising spaces in the media, offering spaces on the part of the media and planning and booking insertions through advertising agencies or advertisers.
MEDIAD is a pilot project developed by the IBIT Foundation and co-financed by the Ministry of Commerce, Industry and Energy of the Balearic Government with aid from the Plan de Consolidación y Competitividad of the PYME.
The IBIT Foundation reserves the right to modify these General Conditions of Use with the aim of adapting them to current legislation applicable at all times, the latest jurisprudences and customary market practices.
These General Conditions of Use do not exclude the possibility that certain Portal Services, by their specific characteristics, may be subject further than the General Conditions of Use, to their own special conditions of use (henceforth known as Special Conditions).
The use on the part of the User of any of the Services of the Portal signifies and expresses their adherence and express acceptance of all the General Conditions of Use in the published version of this website at the moment in which the User accesses the Website, as well as any Special Conditions which may be applicable.
In this document the conditions of use of the portal are described. On another page the conditions of contracting between Users are described, excluding the IBIT Foundation from this process.
3. CONDITIONS OF ACCESS AND USE OF THE PORTAL
3.1. User Conditions
The use of any Portal Service engages the User Conditions included therein.
3.2. Need for Registration
In general, the User will not have to Register on the Portal for access to the Portal Services. However, the use of certain Services may require the Prior Registration of the User. This registration is effected in the manner expressly indicated in the same Service or in the Special Conditions that may be applicable to it.
3.3. Cost-Free Services
In general, the Services offered through the Portal will be free with regard to publication and access to the information. However, the use of certain Portal Services may now be, or may be in the future, subject to economic reimbursement in the form and terms that are determined in the Special Conditions of the Service.
3.4. Use of the Portal and its Services
The User acknowledges and accepts that the use of the Contents and/or Services offered by the Portal shall be at their own exclusive risk and/or responsibility.
The User commits him/herself to use the Portal and all its Contents and Services in compliance with that established by law, moral standards and public order, and in these General Conditions of Use, and in the Special Conditions which may be applicable. Likewise, he/she commits him/herself to make proper use of the services and/or contents of the Portal and not to use them to carry out unlawful activities or those that may constitute a crime, to commit an affront against the rights of third parties and/or to contravene regulations governing intellectual or industrial property, or any other rules of the applicable legal system.
The User commits him/herself not to transmit, enter, circulate or make available to third parties any type of material and information (data, contents, messages, drawings, audio and image files, photographs, software, etc.) that may be against the law, moral standards, public order and these General Conditions of Use and any Special Conditions that may be applicable. Without limitation or exclusion, the User commits him/herself to:
i: Not enter or circulate contents or propaganda of a racist, xenophobic or pornographic nature, defending terrorism or which commit an affront against human rights.
ii. Not to enter or circulate on the network data programmes (viruses and harmful software) able to provoke damages in the computer systems of the access provider, their providers or third party Users of the Internet network.
iii. Not to circulate, transmit or make available to third parties any type of information, element or content that may cause affront against the fundamental rights and public freedoms acknowledged in the Spanish Constitution and in international treaties.
iv. Not to circulate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
v. Not to transmit unsolicited or unauthorised advertising, advertising material, spam, chain letters, pyramid structures or any other form of request, apart from in those areas (such as commercial spaces) that have been exclusively devised for this purpose.
vi. Not to enter or circulate any false, ambiguous or inaccurate information or contents that may lead to error by the recipients of the information.
vii. Not to impersonate other Users by using their registration passwords to the various services and/or contents of the Portals.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents, elements and information which the User may access through the Portal are subject to the rights of industrial and intellectual property, patents, trademarks, copyright of the owner of the Portal or of third party owners of the same. As a consequence, access to these contents or elements does not grant the User the right to alteration, modification, exploitation, reproduction, distribution or public communication or any other right that may correspond to the owner of the right affected.
The rights of intellectual property of the website comprise its contents, its design with all the elements that form part of it and the source code with which it is programmed, and are protected in accordance with Spanish and international legislation concerning copyright.
The User commits him/herself to use the contents and/or elements which they access though the Portal Services for their own use and requirements, and in no way to carry out commercial exploitation with them, direct or indirect.
5. GUARANTEE EXCLUSION. LIABILITY
5.1. Availability and Continuity of the Portal and Services
The IBIT Foundation does not guarantee the availability, access and continuity in the functioning of the Portal and its Services.
The IBIT Foundation shall not be liable, with the limits established in the current Legal System, for damages and prejudices that may be caused to the User as a consequence of the non-availability, errors of access or lack of continuity of the Portal and its Services.
The members of the MEDIAD Project accept no liability for the misuse that visitors to the website may make of its contents. Likewise, the creators of the website assume no responsibility for the contents, for the malfunctioning or for possible damages originating from pages or websites with links from http://www.mediadcentral.com .
The creator reserves the right to alter without prior notice the contents of any of the pages or sections of the http://www.mediadcentral.com
5.2. MEDIAD Contents and Services
The IBIT Foundation is solely and exclusively answerable for the Services that are provided by the IBIT Foundation and for the contents directly originating from the IBIT Foundation and identified with its copyright. This liability shall be excluded in cases where force majeure occurs or in incidences whereby the configuration of the User's equipment is not suitable to permit the correct use of the Internet services offered by the IBIT Foundation. In any case, the possible liability of the IBIT Foundation towards the User for all concepts shall be limited to a maximum of the amounts received directly from the User by the IBIT Foundation, with the exclusion in all cases of liability for indirect damages or for lost profits.
5.3. Contents and Third-Party Services
The IBIT Foundation gives neither prior control nor approval, nor makes the contents, services, opinions, communication data, files, products or any class of information of third parties, legal or natural persons shown in the Portal their own. Similarly, it does not guarantee the lawfulness, reliability, usefulness, truthfulness, accurateness, thoroughness and current applicability of the contents, information and Services of third parties on the Portal.
The IBIT Foundation gives neither prior control nor guarantees the absence of viruses and other elements in the Contents and Services offered by third parties via the Portal which may cause irregularities in the computer system, electronic documents or files of Users.
The IBIT Foundation shall not be liable, neither indirectly nor subsidiarily, for damages or prejudices of any kind originating from the use and contracting of the Contents and Services of third parties on the Portal, as well as the lack of lawfulness, reliability, usefulness, truthfulness, accuracy, thoroughness and current applicability of these. Without limitation, it shall not be liable for damages or prejudices of any nature originating from a) the infringement of the rights of intellectual or industrial property and the unsound fulfilment or non-fulfilment of contractual commitments acquired by third parties; b) the effecting of acts of unfair competition and unlawful advertising; c) inadequacy and defrauding of expectations of the Services and Contents of third parties; d) errors and defects of all types in the Services and Contents of third parties offered through the Portal.
The IBIT Foundation shall not be liable, neither indirectly nor subsidiarily, for damages or prejudices of any type caused to the User as a consequence of the presence of viruses or other elements in the Contents and Services offered by third parties that may cause irregularities in the computer system, electronic documents or files of the User.
The exoneration of liability indicated in the previous paragraphs shall be applicable in instances where the IBIT Foundation has no effective knowledge that the activity or information stored is unlawful or that it harms assets or rights of a third party that may be liable to compensation: or if it did have, that it acted swiftly to withdraw the data and contents or make access to them impossible.
5.4. User Conduct
The IBIT Foundation does not guarantee that Users of the Portal use the contents and/or services of it in compliance with the law, moral standards and public order, nor these General Conditions and, where applicable, the Special Conditions. Similarly, it does not guarantee the truthfulness and accurateness, thoroughness and/or authenticity of the data supplied by the Users.
The IBIT Foundation shall not be liable, indirectly or subsidiarily, for damages or prejudices of any kind originating from the use of the Services and Contents of the Portals on the part of the Users or that may originate from the lack of truthfulness, accurateness and/or authenticity of the data or information provided by the Users, or the falsification of identity of a third party effected by a User in any type of activity via the Portal. Without limitation or exclusion, the IBIT Foundation shall not be liable, indirectly nor subsidiarily for a) the contents, information, opinions or statements of any User or third party persons or entities that may communicate or exhibit via the Portal; b) the damages or prejudices caused to third parties originating from the use on the part of the User of the Services and Contents of the Portal; c) the damages or prejudices caused by a lack of truthfulness, accurateness or incorrectness in the identity of the Users and of all information that these may provide or make accessible to other Users; d) for the damages and prejudices originating from infringements of any User that may affect the rights of another User, or of third parties, including the rights of copyright, brand names, patents, confidential information and any other right of intellectual or industrial property.
MEDIAD reserves the right to exclude, temporarily or permanently, those Users for any of the following instances:
- For the non-fulfilment of any of the General Conditions of Use established in this document.
- For the non-fulfilment of laws, moral standards or public order.
The exclusion of the User shall not signify the renunciation of MEDIAD to pursue corresponding legal proceedings or compensations due by law.
6. CONTRACTING WITH THIRD PARTIES VIA THE PORTAL
The User acknowledges and accepts that any contractual or extra-contractual relationship that, where applicable, may be formulated with advertisers or third party persons contacted via the Portal, as well as their participation in competitions, promotions, sales and purchasing of goods or services, shall be understood as being effected solely and exclusively between the User and advertiser and/or third party person. As a consequence, the User accepts that the IBIT Foundation shall not have any type of liability for damages or prejudices of any character that may occur by reason of their negotiations, conversations and/or contractual or extra-contractual relationships with the advertisers and third party persons, legal or natural, contacted via the Portal.
7. TECHNICAL LINK DEVICES
The Portal makes available to Users technical link devices and search tools which enable Users access to websites that are the property of other entities (links).
The User acknowledges and accepts that the use of the Services and Contents of the websites that are linked shall be under their exclusive risk and responsibility and exonerate the IBIT Foundation from any responsibility concerning the technical availability of the linked websites, the quality, reliability, accuracy and/or truthfulness of the services, information, elements and/or contents to those which the User may access in them and in the search directories included in the Portal.
The IBIT Foundation shall not be liable, indirectly nor subsidiarily, for damages or prejudices of any kind originating from a) the functioning, non-availability, inaccessibility or lack of continuity of the websites linked and/or the available search directories; b) the lack of maintenance and updating of the contents and services included in the linked website; c) the lack of quality, the inaccuracy, unlawfulness or uselessness of the contents and services on the linked websites.
The exoneration of liability indicated in the previous paragraphs shall be applicable in instances where the IBIT Foundation has no effective knowledge that the activity or information sent is unlawful or that it harms assets or rights of a third party that may be liable to compensation: or if it did have, acted swiftly to withdraw the data and contents or make access to them impossible.
8. PROTECTION OF PERSONAL DATA
Before filling in the User Registration you should read the following information concerning the Protection of Data and Law of Services in the Information Society.
9. MISCELLANEOUS
9.1. Modifications
The IBIT Foundation reserves the right to effect any modifications that it may consider appropriate, thereby modifying, deleting or including, unilaterally and without prior notice, new contents and/or services, as well as the form in which these appear presented and located.
9.2. Right of exclusion
The IBIT Foundation reserves the right to refuse or withdraw access to the Portal and/or the services offered, without the necessity of prior warning on its own authority or that of a third party, to those Users who do not fulfil these General Conditions of Use and/or the Special Conditions which, where appropriate, may be applied.
10. DURATION AND TERMINATION
The provision of the services and and/or contents of the Portal has an indefinite duration. Without prejudice to that previously mentioned, the IBIT Foundation is empowered to terminate, suspend or interrupt unilaterally, at any time and without the need for prior warning, the provision of the service on the Portal and/or of any of the Services, without prejudice to that which may have been stipulated on this matter in the corresponding specific conditions.
11. LAW AND JURISDICTION
This legal notice is governed on each and every one of the points by current Spanish Legislation and any dispute shall be subject to the Courts and Tribunals of Palma de Mallorca. |
