The terms and conditions set forth hereunder (hereinafter referred to as the “Terms of Service” or “TOS””) shall govern the access to the domain “http://www.healthonthemove.net” (hereinafter referred to as the “Web Site”), managed by Vall d’Hebron Institut de Recerca, (hereinafter referred to as the “VHIR”), with offices at Mediterránea Building, Hospital Vall d’Hebron, Passeig de la Vall d’Hebron, 119-129, 08035, Barcelona (España).
Access to the Web Site and use of its content and services implies full and unreserved adherence to the Terms of Service set forth in the version published at the time the user accesses the same.
The latest version of the Terms of Service may be consulted whenever so desired at the web site address http://www.healthonthemove.net. If a user decides not to accept the Terms in force, he or she must abstain from accessing the Web Site and/or from using the content and/or services available therein.
TERMS OF SERVICE
PURPOSE OF THE TERMS OF SERVICE
The purpose of the Terms set forth herein is that of governing access to and utilisation of the Web Site. For the purposes of the Terms of Service set forth herein, Web Site shall be understood to mean:
- The external appearance (or “look and feel”) of the screen interfaces, both static and dynamic (that is to say, the navigation tree).
- The elements composing both the screen interfaces and the navigation tree, including but not limited to, any text, images, sounds, data bases, multi-media products, interpretation, artistic renderings, fixed images, photographs, radio diffusion signals and, in general, all and any creations and objects expressed through any medium or support, either currently known or which may be invented in the future, whether or not these be protected by the legal code in force for intellectual property or industrial issues or any other analogous legal systems (hereinafter referred to as the “Content”) and all those services and resources on line which, if this be the case, are offered to users (hereinafter referred to as the “Services”).
VHIR reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and its Content and Services contained therein. The user acknowledges and accepts that VHIR may, at any time, discontinue, de-activate and/or cancel any of the Services and/or Content making up the Web Site.
ACCESS TO CONTENT AND SERVICES
In order to access to Web Site, a user must:
- have access to the internet, either directly or indirectly through an access device;
- pay the corresponding access and connection fees, and
- be in possession of the computer equipment and systems necessary to connect to the internet, including an adequate terminal for such purpose (a computer, telephone, etc.) and a modem or other analogous or similar mechanism.
For the correct use, visualisation and implementation of certain Content and Services of the Web Site, the user may need to download in his or her computer equipment certain computer programmes or other logical elements. The installation cost of these shall be borne by the user, and VHIR hereby declines any kind of liability which may derive from same.
The user undertakes to abstain from accessing the Content and/or Services of the Web Site by any means other than that of the screen interface provided by VHIR for such purpose.
REGULATIONS FOR USE OF THE WEB SITE
The user hereby undertakes to use the Web Site and the Content or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes to abstain from using the Web Site:
- to carry out activities contrary to law, ethics, generally accepted good conduct or established public order, and
- for illicit, prohibited or harmful purposes or effects. VHIR hereby declines any liability which could derive from the foregoing.
The user acknowledges and accepts that he or she shall make use of the Web Site and the Content and/or Services incorporated therein for strictly personal, private and particular purposes. The user is hereby strictly forbidden to authorise third parties to totally or partially use the Web Site, or to introduce, or incorporate as or into, his or her own commercial activities, the Content and/or Services therein incorporated. The use or application of any technical, logical or technological resources pursuant to which users may benefit, directly or indirectly, with or without profit, from non-authorised exploitation of the Content and/or Services or the Web Site itself is hereby strictly prohibited.
The user undertakes not to damage, render useless, overload or deteriorate the equipment and computer or telecommunications systems of VHIR or any third party, or the content incorporated and/or stored in same.
The user undertakes to abstain from using the Content and Services in any manner which could damage, render useless, overload or deteriorate the Web Site or impede normal utilisation or enjoyment of the same by other users.
The user undertakes to abstain from modifying the equipment and systems of VHIR in any manner whatsoever, and from using modified versions of equipment and systems with a view to obtaining non-authorised access to any Service and/or Content of the Web Site.
The user undertakes not to interfere with or interrupt access to and use of the Web Site, servers or networks connected to same, or fail to comply with the requirements, procedures and regulations governing internet connection policy.
CONTENT AND SERVICES OUTSIDE THE WEB SITE
The Web Site of VHIR may place at the disposal of users technical mechanisms for links, directories and search engines, which allows them to access web pages belonging to or managed by third parties.
The installation of such links, directories or search engines on the Web Site has the sole purpose of facilitating the users with search and access to the information, the content and the services available on the Internet.
Establishment of a link does not necessarily imply the existence of a relationship between VHIR and the proprietor of the web page with which the link is established, nor acceptance and approval on the part of VHIR of its content or services.
Unless expressly otherwise stated, neither VHIR itself nor any third party either offers or markets the information, content and/ or services available on the pages to which it provides a link, nor does it control, approve or oversee them or make them its own. The user, therefore, must take extreme precautions when evaluating and using the information, content and services contained in the pages to which such link is provided.
To the extent that this website contains links to outside websites over which VHIR does not have any control whatsoever, the user acknowledges and accepts that VHIR shall not be held responsible for the contents and the services that they may access in said pages, nor for any products commercialised in same.
GUARANTEES AND LIABILITY
Unless law expressly provides otherwise, or unless expressly otherwise stated, the user hereby expressly acknowledges and accepts that VHIR grants no guarantee of any nature, be this express or implicit, in respect of the Web Site or the Content and Services incorporated therein, including but not limited to:
- The availability and continuity of the functioning of the Web Site and, in particular although not exclusive to, the fact that users may effectively utilise the Web Site, the Content and the Services, access the different web pages making up the Web Site or those from which Services are loaned.
- The level of quality, interfacing and functioning of the Web Site, or the Services and/or Content incorporated therein.
- The interruption, suspension or cancellation of access to the Web Site and the Content and/or Services incorporated therein.
- The adaptation of the Web Site and the Services and/or Content incorporated therein for any particular purpose.
- The certainty, integrity, exactness and/or updating of the Content, Services, products, texts, graphics, links or any other elements incorporated in the Web Site, or any results which may be obtained from the access and/or use of this web site or its content.
- VHIR hereby expressly declines any responsibility for error or omission in the information contained in the pages of this Web Site, or the lack of veracity, exactness, thoroughness, relevance and/or updating of the Content.
- Unauthorised access and alteration of data stored and transmitted through the Web Site or the services offered in this connection.
- The absence of viruses or other elements in the content, which could produce alterations in the computer system (software and hardware) or in the electronic documents and indexes stored in the computer system.
The user is aware of, and voluntarily accepts, that use of the Web Site, the Services and the Content takes place, in all cases, at his or her own risk, for which reason he or she shall adopt all measures necessary for the purposes of minimising risks, including any security measures which may be necessary to guarantee anti-virus and data recovery procedures. Thus, unless law expressly dictates otherwise, and exclusively insofar as this is imposed, VHIR neither guarantees nor assumes any responsibility whatsoever in respect of access to and use of the Web Site and its Content and/or the Services incorporated therein.
Without prejudice to the foregoing, VHIR shall not be liable for delays or faults produced in access to, functioning and operating of the Web Site, its Content and/or Services, nor for any interruption, suspension or faulty functioning of the same whenever this is caused by breakdown due to natural catastrophes such as earthquakes, floods, lighting or fire, situations of force majeure, situations of extreme emergency such as war, military operations, civil disturbance, strikes, closures by management or any other situation of force majeure or fortuitous cause.
TERM AND MODIFICATION
The legal relationship deriving from access to and utilisation of the Web Site, as well as the Content and Services incorporated therein, shall have an indefinite life term. Likewise, any of the parties may unilaterally terminate or suspend this contractual relationship at any time, with no more cause than his or her own wish to do so.
GOVERNING LAW AND JURISDICTION
The Web Site is operated and controlled by VHIR from its offices in Spain. Consequently, all and any matters which may derive from access to and/or utilisation of the same shall be understood to be governed and construed in accordance with Spanish legislation.
Should the user have his or her domicile outside of Spain, VHIR and the user shall submit to the competent courts and tribunals of Barcelona, Spain, expressly waiving their right to any other jurisdiction.
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