General Conditions of use
The conditions stated herein regulate the use of the Internet Website “www.iebrown.com” that Instituto de Empresa (hereinafter referred to as IE) places at the Users disposal (the User). Use of the Website presupposes the full acceptance at all times by the User of all the General Conditions of Use currently in force, for which reason if the User does not agree with any of the conditions established herein, he/she should not use this Website. IE reserves the right to modify these General Conditions of Use of the Website at any time or any other general or specific conditions, regulations for use, instructions or warnings that appear in this application. IE also reserves the right to suspend, interrupt or cease operating the Website at any moment.
Through the Website, IE provides Users with access to different content, information and data (the “Contents”) placed at the disposal of Users by IE or third party service and content suppliers. IE reserves the right to modify at any moment the presentation (including the “look-and-feel”), configuration and location of the Website, as well as the Contents and conditions required to use them. The so-called Contents include a restricted access area for previously Registered Users (“Registered Users”), whose access and use is subject to the conditions stated in section 3 of this document.
2. Conditions of Access and use of the Website
2.1. Access and use of the Website
The User recognises and accepts that access and use of the Website and/or its Contents take place freely and consciously under his/her own responsibility. Access to the Website and/or its Contents does not imply any kind of guarantee with regard to the aptness of the Website and/or its Contents for personal or specific use by Users. IE may establish limitation and/or additional conditions for the use of and/or access to the Website and/or its Contents, which should be observed by Users at all times.
2.2. Authorised use of the Website and its Contents
The User agrees to make licit and appropriate use of the Website and its Contents, in accordance with applicable legislation, the General Conditions of Use of the Website, and generally accepted moral standards and public order. The User must abstain from (i) non-authorised or fraudulent use of the Website and its Contents; (ii) accessing or trying to access restricted resources or areas of the Website, without meeting the conditions required for said access; (iii) using the Website and/or it Contents for purposes that are illicit or illegal, contrary to the general conditions established herein or to good faith and public order, harmful to the rights and interests of third parties, or which may damage, overload or render inoperative the Website or prevent normal use or enjoyment of the Website; (iv) causing damage to IE systems, both physical and logical, or those of its suppliers or third parties, (v) introducing any kind of computer network virus or any other physical or logical systems that are susceptible to causing damage to the physical and logical systems of IE, suppliers and third parties, (vi) attempting to access, use and/or manipulate data of IE, third parties, suppliers and other Users; (vii) reproducing or coping, distributing, permitting access to the public through any means of public communication, transforming or modifying the Contents, unless with the express authorisation of the owner of the corresponding rights or if said modification is legally permitted. (viii) suppressing, hiding or manipulating notes about intellectual or industrial property rights and other identification data of IE or of a third party included in the Website Contents, as well as technical protection devices or any other information mechanism that may be inserted in the Contents; (ix) obtaining and attempting to obtain Contents using means or procedures different to those which, depending on the case at hand, have been placed at their disposal to this effect or have been expressly indicated on the web pages that contain said Contents, or, in general, those which are habitually used on the Internet and do not pose any risk of damage or rendering inoperative the Website and/or its Contents.
2.3 Introduction of links
Those Users who wish to establish a link between their website and the IE Website must previously obtain authorisation from IE, presenting a request to the following e-mail address email@example.com, said link being subject to the following obligations: (i) the link must only permit access to the Website, it may not reproduce it in any way; (ii) links may not be established with pages other than the homepage of the IE Website; (iii) it is not permitted to create a frame or a border environment on the Website; (iv) it is not permitted to make false, inexact or incorrect declarations or indications about the Website; (v) it is not permitted to state or insinuate that IE has supervised or assumed in any way the contents or services offered or advertised on the website that establishes the link; (vi) the website on which the link is established must not contain any brand, commercial name, logo, denomination, slogan or other distinctive signs pertaining to IE and/or third parties, without their authorisation; (vii) the website on which the link is established must not contain illicit information, contrary to generally accepted moral standards and public order, or contrary to the rights of any third parties. The establishment of the link does not in any case whatsoever indicate the existence of any relation between IE and the owner and/or operator of the website that establishes the link, nor does it imply IE’s knowledge, acceptance and/or approval of the contents and/or services of said owner and/or operator’s website. Under no circumstances will IE be answerable for the consequences that might arise form the introduction of links by third parties, nor the content, information and/or services offered on the websites on which the link is established.
3. Restricted Access Area
In order to access and use the restricted access area, Users should register beforehand by filling in the form (Registration Form) that appears in each case on the Website. IE reserves the right to accept or reject freely a User’s request to register. Data entered by Users in the Registration form must be exact, up to date and true at all times, and will be processed by IE as stipulated in the personal data protection policy. Once the registration form has been received, IE will assign a personal password that is exclusive to each Registered User. From that moment, the Registered User may access the restricted access area and use the Contents in the manner stated in these General Condition for use of the Website.
Registered Users will be responsible at all times for the integrity of their password, assuming responsibility for any damage that might result from wrongful use, or its transfer, revelation or loss. Access to restricted areas and/or the use of Contents that occur under the password of a Registered User will be deemed to have been carried out by said Registered User, who will answer in every case to said access and use. Registered Users may modify their exclusive password at any time by sending a request to IE. If the User forgets his/her password or in the case of any other circumstance that implies a risk of access or use by a non-authorised third party, Registered Users must inform IE immediately in order for IE to proceed to block access via said password and substitute it for another.
4. Industrial and Intellectual Property Rights
The User recognises and accepts that all industrial and intellectual property rights related to the Contents and/or any other elements on the Website (including, with no limitation, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, “look and feel”, audio and video) belong to IE and/or third parties. In no case shall access to the Website imply any type, neither total nor partial, of renunciation, transmission, granting of licence of said rights, unless the contrary is established expressly. The General Conditions of Use of the IE Website do not give Users any other right to use, alter, exploit, reproduce, distribute or communicate the Website and/or its Contents publicly in any way different to those expressly stated here. Any other use or exploitation of any rights will be subject to prior, express authorisation specifically granted to that effect by IE, or a third party that owns the rights in question.
IE authorises Users to use, look at on-screen, print, download and store Contents and/or elements on the Website exclusively for personal, private and non-profit use; On the condition that in each case the origin and/or author of the Contents appears, along with any pertaining copyright symbol and/or note on industrial property and its owners. It is strictly forbidden to use said elements, or reproduce them, communicate them and/or distribute them for commercial or lucrative purposes. It is also strictly forbidden to modify said elements, make any alteration or rearrange them. For any other use except those expressly permitted, it will be necessary to obtain the previous consent in writing of the owner of the rights of the element in question.
5. Employment of Cookie Technology
6. Exclusion of Guarantees and Responsibility
6.1. Exclusion of guarantees and responsibility for the correct functioning of the Website
IE does not guarantee the availability or continuity of correct functioning of the Website or those other Websites with which it has established a link. Furthermore, IE is in no case responsible for any damages that may be derived from (i) lack of availability or accessibility to the IE Website, or to those sites with which IE has established a link; (ii) the interruption of the functioning of the Website or computer faults, telephone breakdowns, disconnections, delays or blocks caused by deficiencies or overloads of telephone lines in the Internet system or in other electronic systems that occur when the Website is functioning; (iii) if the web site does not meet the specific needs of the Users and (iv) other damage that may be caused by third parties who undertake non-authorised actions that are beyond IE’s control.
In order to reduce the risk of virus on the Website IE uses virus scan programmes to control all Contents that are entered into the Website. Nevertheless IE cannot guarantee the absence of all viruses nor other elements that may have been introduced into the Website by third parties that have nothing to do with IE, and which may cause problems in the physical or logical systems of Users or in electronic documents and files that are stored in their systems. Consequently, IE will in no case be responsible for any damage of any kind that is derived from the presence of a virus or other elements that may cause problems in Users’ physical or logical systems, electronic documents or files.
IE has adopted several protective measures to protect the IE Website and its Contents against attacks by third parties. Nevertheless, IE cannot guarantee that non-authorised third parties cannot gain access to the type of use of the Website that the User makes, or the conditions, characteristics and circumstances in which they carry out said use. Consequently, IE will in no case be responsible for damages incurred by said non-authorised access.
6.2 Exclusion of guarantees and responsibility for the use of the IE Website
IE will in no case be responsible for the use made by Users and/or third parties of the Website or its Contents, nor for the damages that may result from said use.
6.3 Exclusion of guarantees and responsibility due to Contents
IE does not edit the Contents of third parties published on the Website and consequently it does not guarantee, nor is it responsible for the (i) licit nature, reliability, usefulness, veracity, exactness, exhaustiveness and updatedness of Contents placed by third parties; (ii) the inappropriateness for any particular purpose, and non-fulfilment of expectations generated by the Contents; (iii) decisions or actions taken or avoided by the User as a result of the information or data facilitated or provided by the Contents, including, loss of profit, of whatever amount, or business opportunity.
6.4 Exclusion of guarantees and responsibility for links
The Website places at the disposal of Users technical devices used for links, directories and search tools that permit Users to access pages and/or websites that belong to or are run by third parties. IE checks existing Contents of said pages at the time the link is established and does so in the belief and good faith that such Contents are in compliance with applicable legislation. Nevertheless, in no case is IE responsible, nor does IE approve nor recognise as its own the products, services, Contents, information, data, files and any kind of existent materials on said web pages. IE does not control and is not responsible for, nor does it approve or claim as its own any subsequent modifications of said materials. In the case that it deems it advisable or if it is requested by a legal or administrative order, IE will remove links to those web pages that infringe applicable legislation and/or affect third parties’ rights.
7. Non-fulfilment of General Conditions
IE reserves the right to take whatever action it has at its disposal by law to demand responsibilities for non-fulfilment by the User of any of these General Conditions of Use of the IE Website.
8. Partial Anulment
The declaration that any of these general conditions are null and void will not affect the validity or effectiveness of the remaining conditions, which will still be binding. The renouncement by any party to demand at any given time the fulfilment of any of the general conditions stipulated herein will not imply a general renouncement of the fulfilment of another condition or other conditions, nor will it give the other party any more rights.
9. Applicable Law and Jurisdiction
The rendering of the Website service and the general conditions described herein are governed by Spanish law. In accordance with the law, the parties expressly renounce any other local or regional law that may correspond to them, agreeing to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, Spain.