Please read these Terms and Conditions of Use carefully. By accessing or
using this site you expressly agree to accept the following terms and conditions
of use. You should revisit this page from time to time as your use of the site
is subject to the most current version of the terms and conditions of use posted
on the site at the time of such use.
TERMS AND CONDITIONS (“Terms”)
The website available at http://www.ibpindex.com and all sub domains, or sections (the "Site") are operated by IBP Index S.L (IBPIndex).
IBPIndex and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site.
IBPIndex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice. You agree that IBPIndex shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
To use the services available on the Site, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that IBPIndex may use your User Data to provide services on the Site for which you have expressed interest. If you provide any information that is inaccurate or not current, or IBPIndex has reasonable grounds to suspect that such information is inaccurate or not current, IBPIndex has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
2. YOUR RIGHTS WHEN USING THIS SITE
Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including information, documents, texts, pictures, videos and other content on the Site (collectively, the "Materials"), (b) access services that IBPIndex may provide from time to time, such as discussion forums, educational tools and an online store (collectively, the "Services"), and (c) obtain products, such as hardware, software, educational books and videos, and promotional accessories that may be offered from time to time (collectively, the "Products"). IBPIndex reserves the right to restrict, suspend or terminate your access to all or part of the Site at any time.
The User agrees to use the Services in good faith and for personal use only. Using the Services or download its materials for any purpose other than personal use, such as, collective, commercial, business is not authorized.
3. OWNERSHIP OF MATERIALS OF THIS SITE
The trademarks and/or service marks or Brands of IBPIndex and others used on the Site are the property of IBPIndex or their respective owners. You may not use any trademark displayed on the Site without the written permission of IBPIndex or the respective owner.
By publishing Tracks, Photos and Videos, Comments or any other information or content ("User Content"), the User agrees to be bound by the following rules:
i. The User remains as owner of the User Content stored, uploaded or published through / to the Site. The User grants IBPIndex, who accepts, a non-exclusive, worldwide license, without consideration, and with the right to sublicense to any third party, for the whole term that the User’s rights over the User Content stored or published on the Website lasts according to applicable legislation, for:
o Access, use, storage, reproduction, modification, transformation, update, translation, publication, distribution, deletion, making part or all of the User Content available on the Website, the Applications, the Services or websites operated by third parties with whom IBPIndex agrees the publication of the User Content.
o The adaptation and creation of derivative works based on or incorporating the User Content.
o The adaptation and creation of derivative works based on or incorporating the User Content.
o Using the User Content in connection with other contents.
o Carrying out technical and maintenance works necessary for completing any of the above.
ii. The User warrants that it is has all necessary rights over the User Content for storing and publishing through the Services and for the granting of the license referred to above or that it has obtained from the necessary rights, licenses and consents from third parties.
The Materials on the Site are owned by IBPIndex and its licensors and suppliers. They are copyrighted and protected by the intellectual property laws, treaties and conventions detailed in the clause 5. APPLICABLE LAWS. You may not copy, adapt, reverse engineer, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials in any manner whatsoever, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s).
Additionally, when upon registration or at any other time accessing the "your settings page" the User has opted to allow IBPIndex, to publish and use certain of his/her information included in his/her account, then the User authorizes IBPIndex to proceed on the basis of the options marked by the User
4. COMMUNICATIONS FROM YOU TO THE SITE OR FROM THE SITE TO YOU
You are prohibited from sending IBPIndex or any other user of the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other communications that would violate any law or the rights of others under applicable law. You are solely responsible for the legality of your own communications and, by submitting or posting such communications, expressly warrant that you have all necessary intellectual property rights necessary to do so. IBPIndex shall have the right, but not the obligation, to review your communications to ensure that they comply with the Terms and Conditions of Use and any applicable laws or regulations. IBPIndex reserves the right to edit or delete communications at its sole discretion, without notice and without liability. IBPIndex will comply with any court order directing it to disclose the identity of anyone sending or posting communications of any kind to the Site.
IBPIndex can send to the registered users communications related to commercial or service related purposes.
4. APPLICABLE LAWS
By accessing the Site you agree that the laws of the Kingdom of Spain, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with your access and use of the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Kingdom of Spain with respect to such matters.
If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions.
Your personal data will be stored and processed in a file owned by IBPIndex S.L. and can be used to inform you about activities, news, developments and updates related to our services.
In compliance with the provisions of the Spanish Law 15/1999 of 13 December on the Protection of Personal Data and the Spanish Royal Decree 1720/2007, we inform you that:
• Your personal data will be kept confidential. Besides, the satisfaction of the standards established by the applicable legislation; the collection, handling, and processing of your data is carried out following a set of security procedures that prevent any loss or unlawful manipulation of your data.
• In compliance with the applicable law all, we also inform you of the possibility of exercising rights of access, rectification, cancellation and opposition of your personal data by email or physical letter addressed to:
Edifici Canòdrom, 165,
and shall include:
i. First and second names of the data subject; a copy of his/her identity card, passport or any other valid document which identifies him/her or, if applicable, of the person representing him/her (in this latter case evidence of the authority to represent the data subject);
ii. Details of the request being made; date and signature;
iii. Address where notifications may be served to the data subject;
iv. Supporting documentation for the request being made, if any.
6. DISCLAIMER OF WARRANTIES AND LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. IBPINDEX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IBPINDEX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT IBPINDEX IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. THE CONTENT PROVIDED THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR ANY MEDICAL EMERGENCY PHONE SERVICE AVAILABLE IN YOUR COUNTRY IMMEDIATELY, YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE THE SITE OR ANY CONTENT ON THE SITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND IBPINDEX.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SITE (INCLUDING BUT NOT LIMITED TO CYCLING, RUNNING, TREKKING OR HIKING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF IBPINDEX OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT IBPINDEX DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES THE SITE OF IBPINDEX.
YOU EXPRESSLY AGREE TO RELEASE IBPINDEX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SITE, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY IBPINDEX WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF IBPINDEX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.