1.- Ownership of Digital Enterprise Show Website
NEXT BUSINESS EXHIBITIONS S.L. (hereinafter referred to as NEBEXT) with an address in Madrid, Arte, 33 3º A, 28033 and bearer of Fiscal Identity Number B-87396818 which is inscribed on the trade registry of Madrid vol. 33988, Folio 146, Page No M-611613, inscription 1, is the owner of the website www.des-madrid.com (hereinafter referred to as the DES web) which makes it available to Internet users, in order to provide information on the services, congresses, exhibitions and fairs of the NEBEXT as well as to provide services through the DES.
2.- Communicating NEBEXT domain names to the corresponding Registers
NEBEXT states that it has communicated the domain names that are currently in use to the trade registry in accordance with the provisions of article 9 of Law 34/2002, of 11th July covering E-commerce and Information Society Services.
3.- General Conditions of Use and Acceptance of these
The purpose of these general conditions for the use of DES web together with the general contractual conditions for the services that are provided therein, as well as any other specific conditions that may be established, is the regulation of and provision of information to the users of NEBEXT services and the regulation of the use of the DES.
Browsing and using the services of the DES web implies the acceptance as a User without any reservation whatsoever, of all the general conditions of use, the general contractual conditions and any others that may exist in relation to the provision of services by NEBEXT.
NEBEXT may modify these general conditions as well as the general contractual conditions and the general conditions that are included through the publication of the aforementioned modifications to the DES web at any given time and without any prior warning, so that users may be previously aware of them.
GENERAL CONDITIONS FOR THE USE OF DES WEBSITE
1.- Personal Data Protection Policy
In accordance with the provisions of Organic Law 15/1999 of 13th December concerning Personal Data Protection, NEBEXT from Madrid informs Users of the existence of a personal data file created with the information obtained from the DES web by and for the NEBEXT, under its own responsibility, and that the existence of this file has been duly communicated to the General Register of the Spanish Data Protection Agency.
This file has been created for the purpose of giving information and providing the services offered by the DES, as well as for carrying out promotional and advertising activities by any means, including the sending of e-mails.
1.1.- User’s Consent: The User accepts that any data obtained while using the DES web, or which has been provided through filling out any forms that are contained therein, as well as any data resulting from any possible commercial relations that may take place, may be included in a automated personal data file of the type described above.
During the data collection process, the User shall be properly informed in that part of the DES web where the data is requested by means of a hyperlink or the inclusion of the information on the actual form itself as to whether the collection of such data is obligatory or not for the provision of services, and he/she shall also be informed of these rights.
1.2.- Rights of the User: With regard to the data obtained, the User may exercise the rights provided for in Organic Law 15/1999 on Data Protection, and in particular his/her right to access, rectify, cancel and object to such data, as well as the right to withdraw his/her consent for the transfer of this data, or for any of the uses described above.
Any User may exercise the rights referred to in the previous paragraph by writing to NEBEXT, Benet Mateu, 40 08034 Barcelona, or else by sending an e-mail to firstname.lastname@example.org
1.3.- Security measures: NEBEXT states that it has adopted all the necessary and appropriate security measures that are provided for under Royal Decree 994/1999, of 11th July, which approves the Regulation on Mandatory Security Measures for automated computer files containing personal data.
1.4.- Cookies: NEBEXT informs Users that in order to access any part of the DES web content, they may need to previously fill out registration or similar files in which the User may be requested to introduce data of a personal nature. In the same manner, NEBEXT may activate “cookies” for the purpose of obtaining information on the User in order to improve its services.
2.- Industrial and Intellectual Property. Hyperlinks policy
2.1.- All the content included in the DES web and especially brand names, commercial names, industrial designs, designs, texts, photographs, graphics, logos, icons, software or any other signs susceptible to being used industrially and commercially are protected by the industrial and intellectual property rights of NEBEXT or those of the third parties who own them and who have authorised their inclusion in the DES web. Accordingly, any use and/or reproduction of these without the express of NEBEXT is prohibited.
2.2.- NEBEXT shall not be responsible for infringements of the intellectual or industrial property rights of third parties that might arise as a result of the inclusion in the DES web of brand names, commercial names, industrial designs, designs, texts, photographs, graphics, logos, icons or software belonging to third parties who have declared themselves to be the owners of the same upon their inclusion in the DES web.
2.3.- In no case shall it be understood that the User’s accessing and browsing the site implies authorisation or renunciation, transmission, total or partial cession of these rights or the concession of any right or the expectation of rights and specifically, the changing, transformation, exploitation, reproduction, distribution or public communication on this content without the express and previous authorisation of NEBEXT or of the corresponding rights holders.
The use by exhibitors of the NEBEXT brand names in their catalogues, brochures, commercial documentation, web page or in any other form at the corresponding exhibitions must be expressly authorised by NEBEXT.
2.4.- No link may be established to the DES web from any other DES web without the prior and express consent of NEBEXT.
Any links that are established must be to the main web page of DES web or if applicable, to that page that NEBEXT itself indicates, and this link shall be absolute and complete in such a way that it links the User to the DES web page which must include the complete content from the main page screen.
2.5. NEBEXT shall not be responsible for the content of the web pages that users connect to through links on the DES web, nor shall it be responsible for any infractions of the rights of third parties that these pages may incur.
3.- Liability of NEBEXT
The User recognises and accepts that he/she shall be fully responsible for the use of the DES web and its services.
NEBEXT shall only be responsible for the damages that the User may suffer as a consequence of the use of the DES web when this damage is attributable to a fraudulent action of NEBEXT.
Nevertheless, NEBEXT declares that it has adopted all the necessary measures, within its possibilities and the state of its technology to guarantee the functioning of the DES web and to avoid the existence and transmission of viruses and other components that might damage Users.
4.-Obligations of the User
The User undertakes to use the content of the DES web diligently, correctly and lawfully and he/she also undertakes to refrain from:
5.- Commercial communications
NEBEXT may send commercial communications by any method that fully respects all in-force legislation that concerns the protection of personal information.
For commercial communications sent by e-mail and in fulfilment of the provisions of Law 34/2002, of 11th July, on E-commerce and Information Society Services, the consent of the User shall be duly requested at the time that the corresponding information is collected.
At any time the User may withdraw his/her consent to receive personal communications by sending a simple notification of his/her request to NEBEXT by returning the e-mail message received and stating “CANCEL or DELETE”, or by sending a message to the e-mail address email@example.com.
6.- Applicable legislation
The relations established between the User and the owner of the DES web are to be governed by the provisions contained in current regulations concerning the applicable legislation and the competent jurisdiction. Nevertheless, for cases in which the regulations foresee the possibility of the parties submitting themselves to a certain jurisdiction, NEBEXT and the User submit themselves to the Courts and Tribunals of Barcelona and expressly renounce any other jurisdiction that might correspond to them.
The regulations of the Spanish legal system shall be applicable in all cases.
GENERAL CONTRACTUAL CONDITIONS
1.1.- These General Contractual Conditions together with the specific conditions that, might be established if it were if necessary, shall expressly regulate the relations arising between NEBEXT and the exhibitors who contract the services offered through the DES web.
1.2.- These General Conditions have been drawn up in accordance with the provisions of Law 7/1998 on General Contractual Conditions, Royal Decree 1906/1999 which regulates telephone and electronic contracting with general conditions in the development of article 5.3 of Law 7/1998, Law 26/1984 for the Defence of Consumers and Users, Law 7/1996 of the Retail Trade Act and if necessary by Law 34/2002, for Information Society and E-Commerce Services.
1.3.- The provision of any of the services of the DES web implies the User’s acceptance of each and every one of the General Contractual Conditions, of the General Conditions for the Use of the DES web and if applicable the Specific Conditions governing the provision of the service.
1.4.- NEBEXT informs that the procedures to carry out the provision of the services offered are those described in these conditions and those that are indicated on the screen and those which refer to each specific service in a way that the User has access to this information in a truthful, efficient and complete manner at least three days before the contracting of the service, and the User declaring that he/she is aware of and accepts these procedures as being necessary for the provision of the corresponding service.
1.5.- All the information provided to NEBEXT during the contracting processes shall be stored in such a way that the User may request information referring to the operations carried out by him/her during the previous three months with these requests always being made via a fax or e-mail sent to NEBEXT.
1.6.- In order to access services that are provided and offered through this DES web, NEBEXT may provide the User with a User name and a “Password”. The User name and Password provided are identifying elements that authorise the user to access the Services of the DES web and they are personal and non-transferable. NEBEXT may make modifications to these after informing the User, in which case the modified codes shall lose their validity.
1.7.- All the technical resources that are necessary to access the DES web and provide NEBEXT services together with any taxes or expenses of any other type arising out of the provision of services shall be the exclusive responsibility of the User.
1.8.- The contracts signed through this DES web shall be governed by the laws of Spain which shall be applied to aspects that are not covered by these conditions relating to matters of interpretation, validity and attachment.
However, for cases where the regulations foresee the possibility of the parties submitting themselves to a certain jurisdiction or other, THE NEBEXT and the User submit themselves to the Courts and Tribunals of de Madrid and expressly renounce any other jurisdiction that might correspond to them.