WEBSITE GENERAL CONDITIONS OF USE

These General Conditions govern the use of the Internet website 'http://focus.ie.edu' (hereinafter the 'Website'), which Instituto de Empresa makes available to the user (hereinafter the 'User'). Use of the Website implies the User's full acceptance of all the Website General Conditions of Use in force at the moment at which the User accesses it. Therefore, if the User is not in agreement with any of the Conditions established herein, it should not use the Website. Instituto de Empresa reserves the right to modify at any time these Website General Conditions of Use or any other general or particular conditions, usage regulations, instructions or warnings that may be applicable. Likewise, Instituto de Empresa reserves the right to suspend, interrupt or cease to operate the Website at any moment.

1. OBJECT

Through its Website, Instituto de Empresa facilitates the access of its Users to different contents, information and data (hereinafter the 'Contents'), which are made available to the Users by Instituto de Empresa or third-party service and content providers. Instituto de Empresa reserves the right to modify at any moment the Website's presentation (including look-and-feel), configuration and location, in addition to its Contents and the obligatory conditions for their use. Within these Contents there is an area with access that is limited to previously registered Users (hereinafter the 'Registered Users'), access and use of which is subject to the conditions set forth in section 3 of this document.

2. CONDITIONS OF WEBSITE ACCESS AND USE

2.1. Website Access and Use. The User acknowledges and accepts that access and use of the Website and/or the Contents included therein takes place freely and consciously, under its exclusive responsibility. Access to the Website and/or the Contents included therein does not imply any type of guarantee whatsoever with respect to the suitability of the Website and/or the Contents included therein for the Users' private or specific purposes. Instituto de Empresa may establish limitations and/or additional conditions for the use and/or access to the Website and/or Contents, which must be observed by the Users at all times.

2.2. Authorized Use of the Website and its Contents. The User undertakes to make adequate and lawful use of the Website and its Contents, in fulfilment of the applicable legislation, these Website General Conditions of Use, generally accepted good practices and morality and law and order. The User must abstain from (i) making unauthorized or fraudulent use of the Website and/or the Contents; (ii) accessing or endeavouring to access the Website's resources or limited areas, without fulfilling the conditions imposed for such access; (iii) using the Website and/or the Contents for unlawful or illegal purposes and effects, contrary to what is established in these General Conditions, good faith and law and order, that encroach upon the rights and interests of third parties or that in any way may damage, render useless or overload the Website or prevent its normal use and enjoyment; (iv) cause damages in the physical or logic systems of Instituto de Empresa, their providers or third parties; (v) introduce or circulate in the network IT viruses or any other physical or logic systems that may be susceptible of causing damage to the physical or logic systems of Instituto de Empresa, its providers or third parties; (vi) try to access, use and/or manipulate data of Instituto de Empresa, third-party providers or other users; (vii) reproduce or copy, distribute, permit access of the public via whatsoever type of public communication, transform or modify the Contents, except with the authorization of the owner of the corresponding rights or whenever it is legally authorized; (viii) eliminate, hide or manipulate the claims relating to intellectual and industrial property rights and other data identifying the rights of Instituto de Empresa or third parties incorporated in the Contents, in addition to the technical protection devices or any information mechanisms that can be inserted in the Contents; (ix) obtain or endeavour to obtain the Contents using for the purpose means or procedures different to those that, depending on the case, have been made available for the purpose or have been expressly indicated on the web pages where the Contents can be found or, in general, are normally used in the Internet because they do not entail a risk of damaging or rendering useless the Website and/or the Contents.

2.3. Introduction of Links. Those Users that wish to establish a link (hereinafter the 'Link') between their own website and the Website must obtain the prior authorization of Instituto de Empresa, submitting a request to the following e-mail address: ...@ie.edu, which shall be subject to fulfilment of the following obligations: (i) the Link shall only permit access to the Website, but may not reproduce it in any way; (ii) no Links shall be established with pages other than the Website's homepage; (iii) neither a frame nor a border environment may be created on the Website; (iv) no false, inaccurate or incorrect declarations or indications on the Website may be made; (v) no declaration may be made nor may it be led to be believed that Instituto de Empresa has supervised or in any way accepts the contents or services offered or announced in the website in which the Link is established; (vi) the website in which the Link is established may not contain any make, brand name, establishment's sign, denomination, logo, slogan or other distinctive signs pertaining to Instituto de Empresa and/or third parties, without their authorization; (vii) the website in which the Link is established may not contain information or contents that are unlawful, contrary to generally accepted good practices and morality or law and order or contrary to any third-party rights. Under no circumstances shall the Link's establishment represent the existence of any relationship whatsoever between Instituto de Empresa and the owner and/or operator of the website in which it has been established, or the knowledge, acceptance and/or approval by Instituto de Empresa of its contents and/or services. Under no circumstances shall Instituto de Empresa be held responsible for the consequences that may result from the introduction of Links by third parties or the contents, information and/or services offered in the websites in which the Link has been established.

3. LIMITED ACCESS AREA

In order to access and use the limited access area, Users must register themselves beforehand by completing the form (hereinafter the 'Registration Form') that appears in each case in the Website. Instituto de Empresa reserves the right to freely accept or reject a User's registration application. Data entered by Users on the Registration Form must at all times be accurate, current and true and shall be processed by Instituto de Empresa in the manner indicated in the private particulars protection policy. Once the Registration Form has been received, Instituto de Empresa will assign a personal password exclusive to each Registered User. From that moment, the User may access the limited access area and use the Contents in the manner provided for in these Website General Conditions of Use.

At all times Registered Users shall be responsible for safeguarding their access password, consequently accepting responsibility for any damages and losses that may result from the incorrect use of such password, as well as the assignment, disclosure or misplacement thereof. For this purpose, access to limited areas and/or the use of the Contents carried out under the Registered User's password shall be deemed to have been carried out by such Registered User, who shall be responsible for such access and use. Registered Users may at any moment modify their exclusive password by means of a request addressed to Instituto de Empresa. In the event of the password being forgotten or any other circumstance that represents a risk of access and/or use by unauthorized third parties, Registered Users must inform Instituto de Empresa without delay so that it can proceed to the immediate blocking and replacement of such password.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The User acknowledges and accepts that all industrial and intellectual property rights over the Contents and/or any other elements inserted in the Website (including but not being limited to makes, logos, brand names, texts, images, graphics, designs, sound, databases, software, flow diagrams, presentation, look-and-feel, audio and video) belong to Instituto de Empresa, the Forum's founding members and/or third parties. Under no circumstances does access to the Website imply whatsoever type of waiver, transfer, licence or total or partial assignment of such rights, except when expressly established otherwise. These Website General Conditions of Use do not confer on Users any rights of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of whatsoever rights shall be subject to prior and express authorization specifically granted for the purpose by Instituto de Empresa or the third party that owns the rights in question.

Instituto de Empresa authorizes Users to use, visualise, print, download and store the Contents and/or the elements inserted in the Website exclusively for their personal, private and non-profit making use, always provided that in all cases their origin and/or author is indicated or that, when applicable, the copyright symbol and/or industrial property right claims of the owners appear. The use of such elements, their reproduction, communication and/or distribution for commercial or profit-making purposes and their modification, alteration or decompiling are strictly forbidden. For any use other than those expressly authorized, the prior consent in writing of the holder of the rights in question must be obtained.

5. USE OF COOKIE TECHNOLOGY

The User acknowledges and accepts that Instituto de Empresa may use cookies when a User browses the Website. Instituto de Empresa's cookies are associated solely with an anonymous User and its computer and do not provide references that allow conclusions to be reached as to the User's particulars. The User may configure its browser so that it warns of and rejects the installation of the cookies sent by Instituto de Empresa, without this negatively affecting the User's possibility of accessing the Contents.

6. EXCLUSION OF GUARANTEES AND LIABILITY

6.1. Exclusion of Guarantees and Responsibility for the Website's Operation. Instituto de Empresa does not guarantee the availability or continuity of the Website's operation or of those other websites with which a Link has been established. Similarly, under no circumstances shall Instituto de Empresa be responsible for any damages or losses that may result from (i) lack of availability or accessibility to the Website or those other sites with which a Link has been established; (ii) interruption in the Website's operation or IT failures, telephone breakdowns, disconnections, delays or blocking caused by deficiencies in or the overloading of telephone lines, the Internet system or other electronic systems occurring during the course of its operation; (iii) the Website's unsuitability for Users' specific needs, or (iv) other damages that may be caused by third persons through unauthorized intromissions beyond the control of Instituto de Empresa.

In order to lessen the risk of a virus entering the Website, Instituto de Empresa uses virus-detection programmes to control all the Contents that it enters in the Website. Nevertheless, Instituto de Empresa does not guarantee the absence of viruses or other elements in the Website introduced by third parties outside Instituto de Empresa that may negatively affect Users' physical and logical systems or the electronic documents and files stored in their systems. Consequently, under no circumstances may Instituto de Empresa be held responsible for any damages or losses of whatsoever type that may result from the existence of a virus or other elements that may negatively affect Users' physical and logical systems, electronic documents or files.

Instituto de Empresa adopts numerous protective measures to protect the Website and the Contents against third-party computer attacks. The foregoing notwithstanding, Instituto de Empresa does not guarantee that unauthorized third parties may not have access to the type of use that the User makes of the Website or the conditions, characteristics and circumstances in which such use is made. Consequently, under no circumstances may Instituto de Empresa be held responsible for any damages and losses that may result from such unauthorized access.

6.2 Exclusion of Guarantees and Responsibility for the Website's Use. Under no circumstances shall Instituto de Empresa accept responsibility for the use that Users and/or third parties may make of the Website or its Contents, nor for the damages and losses that may result therefrom.

6.3 Exclusion of Guarantees and Responsibility for the Contents. Instituto de Empresa does not edit third-party Contents published in the Website and consequently does not guarantee or make itself responsible for the legitimacy, reliability, utility, veracity, accuracy, completeness or currency of such Contents. Under no circumstances shall Instituto de Empresa be responsible for whatsoever damages and losses that may result from (i) lack of legitimacy, reliability, utility, veracity, accuracy, completeness and/or currency of the Contents originated by third parties; (ii) unsuitability for whatsoever purpose or the non-fulfilment of the expectations generated by the Contents; (iii) decisions or actions taken or avoided by the User as a result of its trust in the information or data made available or provided in the Contents, including but not being limited to loss of profit and business opportunities.

6.4 Exclusion of Guarantees and Responsibility relating to the Links. The Website makes available to Users technical link devices, directories and search tools that allow Users to access the web pages and/or sites belonging to and/or managed by third parties. Instituto de Empresa checks the content of these pages at the moment of establishing a link to them and does so in good faith in the belief that such contents comply with the applicable legislation. Nevertheless, under no circumstances does Instituto de Empresa accept responsibility for, approve or accept as its own the products, services, contents, information, data, files and other types of material available in these web pages nor does it control or accept responsibility for, approve or accept as its own subsequent modifications to such materials. In the event that it were to deem it appropriate or this were to be required by a legal or administrative order, Instituto de Empresa will remove the links from those web pages that violate the applicable legislation and/or infringe the rights of third parties.

7. ACTIONS IN THE EVENT OF NON-FULFILMENT

Instituto de Empresa reserves the right to bring whatever legal action may be available in Law to enforce the liabilities that result from non-fulfilment by a User of any of the stipulations of these Website General Conditions of Use.

8. PARTIAL NULLITY

Should any of these General Conditions be declared null and void, invalid or ineffective, this shall not affect the validity and efficacy of the remaining General Conditions, which shall continue to be binding on the parties. The waiver by either of the parties of its right to demand the fulfilment at any time of any of the General Conditions stipulated herein shall not imply a general waiver of the fulfilment of any other condition or conditions nor shall it create an acquired right for the other party.

9. APPLICABLE LAW AND JURISDICTION

The rendering of the Website service and these Website General Conditions of Use are governed by Spanish Law. To the extent permitted by the Law, the parties, expressly waiving their own venues, agree to abide by the jurisdiction of the Courts and Tribunals of the city of Madrid.

  back