The following terms and conditions, hereinafter, the “Conditions” regulate the contractual relationship between the company TOUR-SPORT, PROMOCIONES DEPORTIVAS, SL (hereinafter, TOUR-SPORT) and the user when using the services available on this website.
TOUR-SPORT informs you that the following terms and conditions will be permanently available to the user on the website www.benidormhalf.com. We recommend reading, downloading, printing and keeping this document.
I.- GENERAL ASPECTS
The conditions are written in Spanish and are basically governed by, among others, Law 34/2002 of 11th July governing Information Society Services and Electronic Commerce (LSSI) and, if applicable, Legislative Royal Decree 1/2007 of 16th November, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws. The user commits to use the website pursuant to Law, these Terms and Conditions, regulations and instructions brought to his attention, as well as morality, generally accepted proper conduct and public order.
The purpose of this document is to establish the “Conditions” that will be applicable to the user. Likewise, you are informed that access to and use of the website www.benidormhalf.com ,as well as the registration of the runner in the race is subject to these conditions of use and the race rules and regulations.
III.- CONDITIONS OF THE SERVICE AND RACE REGULATIONS
The use of the account is personal and non-transferable, the transfer, even temporarily, to third parties being prohibited. The user guarantees the veracity of the data entered. Identity theft and the creation of false profiles are strictly prohibited. In the event that TOUR-SPORT has evidence of the non-veracity of said data, the creation of false profiles or unlawful or fraudulent use is identified, the account will be immediately cancelled. The data provided when registering should be kept up-to-date by the user as well as kept safe in order to prevent unauthorized access.
Unauthorised uses: It is strictly prohibited to use abusive or slanderous content, regardless of the fact that this content affects other users or other persons or clubs, publish or transfer illegal, fraudulent, defamatory, obscene, pornographic, sexually explicit, threatening, abusive, violent, discriminatory, offensive, abusive content, or that constitutes or fosters criminal conduct, gives rise to civil liability or infringes in any other way the rights of third parties. Likewise, the user is prohibited from disturbing or interfering in the website, damaging its operatability or availability (for example, by publishing or transferring any information or software containing viruses, trojans, worms, malware or any other harmful device, etc…)
TOUR-SPORT may amend, update, delete the content, information, design and structure of the website as it unilaterally sees fit without the need for advance notice.
TOUR-SPORT reserves the right to limit, exclude, cancel or condition users’ access, and to delete content entered by users unilaterally without the need for advance notice, and without generating the right to any compensation on the part of the user.
TOUR-SPORT is interested in providing the user with a quality service, though continuity in the service cannot always be guaranteed. In the event that access to the website is interrupted, TOUR-SPORT shall take the measures within its reach to re-establish it as soon as possible, but shall not be liable for the consequences of damage caused by such stoppage. The user recognizes that the website may not be available for maintenance reasons.
Entering unauthorised content or content that threatens the basic rights of persons, affects the privacy of third parties or in any way infringes their rights is prohibited.
TOUR-SPORT cannot control each and every piece of content published, therefore, it cannot assume responsibility for the content, pursuant to the principle of effective knowledge of the LSSI.
TOUR-SPORT does not guarantee the liability, availability or continuity of the operatability of the website, and shall not be liable for the stoppage of the service, suspension, the server temporarily being down, potential omissions, losses of information, data, settings, unauthorised access or violation of confidentiality resulting from technical or communication problems, or human omissions caused by third parties or not attributable to TOUR-SPORT.
Likewise, it is not bound to control and does not control beforehand the absence of viruses or elements in the content, which may cause changes in the software or hardware of users or any persons visiting the website, therefore, it shall not answer for any damage or harm of any nature that could result therefrom.
TOUR-SPORT shall make every effort to maintain the service operational. However, there may be technical problems that cause sporadic stoppages. The availability and quality of the service can vary depending on different factors, such as the type of device used by the user, the geographical location of the user, the broadband available and/or the speed of the Internet connection, therefore, it shall be the user’s responsibility to ensure that the systems and infrastructures he has are appropriate and required for the proper reception of the service, as well as their configuration.
TOUR-SPORT declines any liability for content, data and/or information provided by the website’s users, and for the content of external websites to which there are links. The presence of said links does not imply the existence of any commercial relationship with the linked websites, nor the acceptance or control of their content.
TOUR-SPORT shall not be liable for the content of the linked website or for any responsibilities they may incur, nor does it guarantee the security conditions thereof, as well as the absence of viruses or its proper operation.
TOUR-SPORT shall in no event be liable for the internal messaging of the clubs with the sportsman using the website, and is in no event answerable for the reality of the sports curriculum of the sportsman.
VI.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All content is protected by intellectual property regulations, in particular by RDL 1/96 of 12th April that approves the Consolidated Text of the Intellectual Property Law. The design, software, source code and, in general, all content, including texts, photographs, charts and the design, settings, structure, colour combination and any other element that is located on the website are original creations. The rights to the content belong to TOUR-SPORT or, if applicable, to third parties.
The logos and trademarks are registered. TOUR-SPORT is the holder of the industrial property rights or possesses the respective licences for the exploitation of the trademarks, brand names, designs, industrial models, utility models, patents, domain names and any other industrial property rights included in this website. In no event does the use of the website imply the assignment, transmission or any other kind of waiver, whether full or partial, of the intellectual or industrial property rights. Use of the website entails a free, non-exclusive, revocable licence that is for the user’s personal use.
VII.- APPLICABLE LEGISLATION
This agreement is governed by Spanish legislation. In the event of any dispute that could arise between the parties with regard to its validity, fulfillment or cancellation, they shall refer to the Spanish courts where the user has its address, should it have the capacity of consumer.