This Legal Notice regulates the use of the web services that opus 5 medios interactivos, S.L. makes available to users via the Internet web site www.tedxbarcelona.com (hereinafter the web site), with a view to providing information about the organisation TEDx and company and associate company related services (hereinafter general information services).
These services as a whole will be referred to as the services.
opus 5 medios interactivos, S.L. (hereinafter opus 5), with tax identification code number C.I.F. B-62733100 has registered offices at Ronda Sant Antoni, 51, 1o 2a, 08011, Barcelona, Barcelona, SPAIN, and is registered in the “Registro Mercantil de Barcelona” in Barcelona, Spain filed under Tomo 34197, Folio 204, Hoja B 244693.
Use of the web site conveys the visitor the status of a user, which implies the acceptance of the Legal Notice in the version published by opus 5 at the time of accessing said web site. opus 5 reserves the right to modify the presentation and layout of the web site or of this Legal Notice at any time. opus 5 therefore recommends that the user read the Legal Notice carefully each time he/she accesses the web site.
Access to certain services, in particular to value added services, offered on the web site may be subject to certain general conditions that, depending on the case in question, may substitute, complete and/or modify this Legal Notice. In consequence, prior to accessing and/or using said services, the user must also read the corresponding general conditions with care.
II. ACCESS AND SECURITY
Access to certain value added services may require prior registration by the user.
In this case, the user may choose his own identifier and password. To choose an identifier, the user may not use any expression, word or set of letters that may be insulting, offensive or against the law, immoral or indecent. Neither may he use trademarks, the signs of establishments, advertising expressions, the names or pseudonyms of public or well-known personalities without their authorisation. opus 5 will assign the user the identifier he has chosen, provided that it has not been chosen previously by another user.
The use of a password is personal and may not be transferred to another person or entity, and it may not to assigned, even temporarily to a third party. In this sense, the user undertakes to make diligent use of his password and to keep it secret, assuming all and any liability that may arise from its disclosure to third parties.
Should the user know or suspect that his/her password is being used by a third party, he/she should inform opus 5 of this fact as soon as possible.
The user will loose his selected identifier if he/she should fail to use it for any of the web site services for a period of six months, and said identifier may be chosen by a new user.
III. CORRECT USE OF SERVICES
The user undertakes to make diligent, correct and licit use of the services and, in particular, merely as a non exhaustive statement, he undertakes to abstain from:
(a) using the services in any way or with any purpose or aim that is illegal, or generally accepted to be immoral, indecent or in breach of the peace;
(b) reproducing or copying, distributing or allowing public access to the services, by any form of public communication, or to transform or modify them, unless he/she has the authorisation of the author of the corresponding rights or such action is legally permitted;
(c) violating intellectual or industrial property rights belonging to opus 5 or to third parties.
(d) using the Services and, in particular, the information of any kind obtained from the web site for sending publicity, communications for the purpose of direct sales or any other kind of commercial end, unsolicited messages address to a plurality of people, regardless of their purpose, or to trade or disclose said information in any way.
The user shall be liable for all and any kind of damages that opus 5 may suffer, directly or indirectly, as a consequence of not complying with any of the obligations arising from this Legal Notice, the corresponding general conditions or the law with regard to the use of the web site.
At all times, opus 5 will ensure respect for the legislation in force, and will be entitled to interrupt the services, entirely at its own discretion, or exclude the user from the web site in the case he/she presumably commits, be this complete or incomplete, of any of the crimes or misdemeanours defined in the Penal Code currently in force, or in the case of observing any kind of conduct that, in the opinion of opus 5 may be immoral, indecent, in breach of the peace or against the opus 5 or TEDx in-house regulations, or those of its collaborators, or may interfere with the normal operations, image or credibility and/or prestige of opus 5 or its collaborators.
IV. PROPERTY RIGHTS
All contents of the web site, such as texts, graphics, photographs, logos, icons, images, graphic designs, source code and software, are the exclusive property of opus 5 or ted.com or of third parties whose rights are recognised by opus 5, and they are subject to intellectual and industrial property rights protected by national and international legislation.
The use of any element subject to industrial and intellectual property rights for commercial purposes or for distribution, modification, alteration or de-compilation, is strictly forbidden.
The infringement of any of the aforesaid rights may constitute a violation of these clauses or a crime punishable in accordance with articles 270 and following of the Penal Code.
Any users sending remarks, opinions or comment to the web site by email or any other means, for the cases in which the nature of the services makes this possible, it is understood that said users authorise opus 5 to reproduce, distribute, publicly communicate, transform or use in any way, said remarks, opinions or comments for the full period of protection of authors’ rights established by law and without any kind of territorial limit. It is also understood that this authorisation is granted free of charge.
Any complaints that may be brought by users, in relation to possible infringements of intellectual or industrial property rights over any of the services provided on this web site, by filling in the following form:
Being fully aware of the use and treatment that should be given to data of a personal nature, and by virtue of the existing pertinent legislation, opus 5 has implemented a system in its organisation to preserve the security, integrity and confidentiality of all data considered personal.
V.1. Privacy and Confidentiality
opus 5 hereby informs users that all and any data provided to us through any of our services will be included in a file owned by this company, with registered offices at Ronda Sant Antoni 51, 1o 2a, 08011, Barcelona, Barcelona, SPAIN. Said data will be used for managing relations with users, for extending and improving services and for sending information by any means, including electronic mail or equivalent means, about opus 5 products and services or TED products and services, specific advertising that may be of interest and for undertaking quality control studies or satisfaction surveys. In the case of commercial communications by email, or equivalent means, the fact that the user has provided opus 5 with his data is equivalent to providing his express authorisation for sending advertising and publicity material via said means.
The user may revoke his consent for receiving the aforementioned information by electronic mail, or equivalent electronic means, by filling in the following form:
opus 5 also informs users of the possibility of communicating their data to their partner Infonomia (www.infonomia.com) for the purpose of managing the requested services. Furthermore, the user expressly authorises Infonomia to inform you, by any means, including e-mail or equivalent electronic means, of the products and services they market in the area of their business activities.
The user may access, rectify, erase or oppose to the processing of his/her personal data by sending the duly completed form that opus 5 places at his disposition by mail (ordinary or registered mail) to: Dirección de Marketing de opus 5 medios interactivos, S.L., Ronda Sant Antoni 51, 1o 2a, 08011, Barcelona, Barcelona, SPAIN.
opus 5 hereby informs users that the collection of such data is not compulsory for the web site services to be provided. However, not filling in said data may prevent opus 5 from providing all those services that are associated with said data, excluding opus 5 from all liability for the non provision or incomplete provision of these services.
In any event, the user will be liable for the truthfulness of all data provided and opus 5 reserves the right to exclude all users who have provided false data from the registered services, notwithstanding any other actions the company may be entitled to take in Law.
opus 5 records the IP address of each visitor accessing the website. This is done exclusively for internal purposes, such as access and market segmentation statistics. opus 5 does not associate IP addresses with any personal client data. opus 5 may provide information on website traffic to third parties, providing this information does not compromise the anonymity of users. This information may include data on number of visits to a specific area within the web site and traffic flows and tendencies.
This webpage uses Google Analytics, a web analysis service offered by Google, Inc., a Delaware company located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (hereinafter Google). Google Analytics uses “cookies”, text data saved on your computer which allow an analysis of use of this website though your computer. Information on your use of this website provided through the cookie (including your IP address) will be transferred to a Google server in the USA and will be saved there. Google will use this information to evaluate your use of the website in order to compile reports of website activity for the website operator and in order to provide further services associated with use of the website and the internet. This information shall also be provided to third parties insofar as this is provided for by statute or insofar as third parties process these data on Google’s behalf. Under no circumstances will Google associate your IP address with other Google data. You can prevent cookies being set by changing the settings of your browser; we draw your attention here to the fact that in case you prevent cookies being set, you will not be able to use all functions of this website to their full capacity. By using this website, you agree to the processing of data collected on your use by Google in the manner and for the purpose described above.
V.3. Images and film
When registering on our website all registrants accepts to be filmed or photographed at our events. All assistents are giving furthermore their consent that these images are uploaded to public websites like Flickr (TEDxBarcelona channel), Youtube (TEDx channel), TEDxBarcelona.com or are inserted into other publications (articles, press, etc) which are related to TED or TEDxBarcelona.
VI. GUARANTEE AND LIABILITY DISCLAIMERS
opus 5 reserves the right to interrupt access to the web site, as well as the provision of any or all of the services this provides, at any time without prior notice, either for technical reasons or for reasons of security, control, maintenance, failure in the electricity supply or for any other motive.
Consequently, opus 5 does not guarantee the reliability, availability or continuity of its web site or of its services, so users use these at their own risk and opus 5 may not be held responsible in this sense.
opus 5 will not be liable for any interruptions in services, delays, errors, malfunction of services or, in general, any other problems caused by elements beyond the control of opus 5 and/or due to a fraudulent action or misuse by the user and/or which is caused by an Act of God. Notwithstanding article 1105 of the Civil Code, the concept of Act of God is also understood to include, for the purposes of this Legal Notice, all events occurring beyond the control of opus 5, such as: failure of third parties, operators or service companies, acts of Government, lack of access to the networks of third parties, the acts or omissions of the Public Authorities, all other events occurring as a consequence of natural phenomena, black outs, etc. or the attacks of hackers or third parties specialised in computer system security or integrity, provided that opus 5 has adopted all reasonable security measures in accordance with the state of the art. In any event, whatever the cause may be, opus 5 will accept no liability for direct or indirect damages, or loss of profits.
opus 5 excludes any liability for damages of any kind that may be due to lack of truth, accuracy, completeness and/or update of the services transmitted, disclosed, stored, made available or received, obtained or accessed via the web site or for the services provided or offered by third parties or entities. opus 5 will try, as far as possible, to refresh and rectify all information hosted on the web site that does not offer a minimum guarantee of truthfulness. However, opus 5 will be exonerated of all liability arising from not maintaining said information up to date or rectified, and will accept no responsibility for the contents or information contained therein. In this sense, opus 5 is not obliged to check, and does not check, the contents transmitted, disclosed or made available to third parties by users or collaborators, except in the circumstances in which this is required by law, or when this is required by a competent Judicial or Administrative Authority.
opus 5 does not guarantee the services of third parties obtained through connections or links to other sites, nor does it accept any kind of liability for any damages suffered from accessing these. The function of the links that appear on the opus 5 site is exclusively to inform users of the existence of other sources of information on the Internet, where they can enhance the data offered by the web site. Under no circumstances will opus 5 be liable for the results obtained via said links or for any consequences deriving from users accessing them. These third party services are provided by said third parties, so opus 5 cannot, and does not, check the legitimacy of these services or their quality. Consequently, users should use all possible caution in evaluating and using the information and services contained in the contents generated by third parties.
opus 5 also excludes all and any liability for damages of any kind that may be due to the presence of virus or other harmful elements in the contents that may affect computer systems and the documents and systems stored therein.
opus 5 accepts no liability for the use the user may make of the web site services, his/her passwords or any other material thereof, which may infringe the intellectual or industrial property rights, or any other rights, of third parties.
VII. APPLICABLE LAW AND JURISDICTION
For any disputes of interpretation or litigation that may arise, the applicable law will be Spanish Law, and all said disputes will be resolved through Legal Arbitration, within the framework of the Spanish Association of Technological Arbitration (ARBITEC). The controversy will be decided by an arbitrator who will be designated by ARBITEC, in accordance with its Regulations and Statutes.
The arbitration will be governed in accordance with the procedure established in the ARBITEC Arbitration Regulations and with the Arbitration Act, Law 60/2003, of the 23rd of December, and may be undertaken through the Internet, or using any other telemetric means. The arbitration will be held in Madrid and the working language will be Spanish.
The parties involved in the conflict will ask ARBITEC to include an express decision in their ruling, concerning the costs of arbitration; this decision shall be proportional to the consideration given by ARBITEC to the pretensions of the parties.
The parties involved in the conflict undertake to accept and comply with the award. Should it prove necessary to formalise or legally execute the award, the parties accept the Courts and Tribunals of the City of Madrid for these proceedings.
In any event, the parties maintain their right to ask the ordinary jurisdiction to take any preliminary measures they may see fit, in accordance with the Civil Procedures Act, Law 1/2000, of the 7th of January.