TERMS AND CONDITIONS
1st version valid since July 3rd 2015
Introduction and objective:
SMART INTERACTIVE SL is a Spanish company, registered in the Mercantile Registry of Madrid (volume 27.032, Book 0, Page 92, Section 8, Sheet M-487085 registration or annotation:1), Company VAT number: B-85781151 and registered office in Madrid (28010), Fortuny 51 (hereafter SMART INTERACTIVE), that acts within the ambit of distribution and commerce of gods and services; and it is owner of an internet web site (hereafter Official IFBB Store), through which certain information is made available to users, and it commercializes certain products and provides certain services. Official IFBB Store is available from different domains or internet addresses, http://shop.arnoldclassiceurope.es is the main address.
Through The Official IFBB Store , SMART INTERACTIVE provides its users access and use of certain services and content (hereafter €śServices€ť) made available by SMART INTERACTIVE or by third parties. The present terms and conditions aim to establish and monitor the general access to The Official IFBB Store, as well as different contents and services provided by SMART INTERACTIVE or by third parties.
The access and general use of The Official IFBB Store ascribe the condition of user (hereafter the €śUser€ť), necessary implying full acceptance of all dispositions included in the general Terms and Conditions of access and use.
The User accepts that these conditions can be modified in the future following the criteria of SMART INTERACTIVE and without obligation of prior notice. Consequentially the user has the responsibility to verify the current Terms and Conditions at the moment of use of The Official IFBB Store.
The use of certain services offered to users through The Official IFBB Store - in particular the transactional environment or online store of The Official IFBB Store - could be subject to special conditions (hereafter €śSpecial Conditions€ť), that depending on the case, could replace, complete or modify the current general terms and conditions.
II. ACCESS LEVELS AND USER REGISTRATION
Generally, access to The Official IFBB Store is free and does not require previous user registration, however, SMART INTERACTIVE can restrict access to certain areas and use of certain Services requiring to fill out the register form.
SMART INTERACTIVE can make available certain Services to users that would require additional registration data and certain monetary compensations.
In this case, registration will be done expressly in the way indicated in the service or particular conditions which regulate it.
The User ensures the veracity of the data provided to SMART INTERACTIVE and User is also responsible to keep them updated. The User is always solely responsible for false or inaccurate information and the injuries caused to SMART INTERACTIVE or third parties by the provided information.
SMART INTERACTIVE keeps the right to refuse any user registration in The Official IFBB Store. This denial will not involve any compensation.
Once the register is be successfully completed, SMART INTERACTIVE will include User in the registered users data base. An account will be generated with your email address and the €śpassword€ť associated with each user.
III. USER OBLIGATIONS
Will be user obligations, without a detriment to the new obligations that could arise in the future based on this document, the following:
· The user has to guaranty the veracity and accuracy of all data registered in the information system of SMART INTERACTIVE and update it if need be. User is always solely responsible for false or inaccurate manifestations and injuries caused by this information to SMART INTERACTIVE or third parties.
· Safeguard user and password provided by SMART INTERACTIVE to user diligently, preventing access by unauthorized third parties, therefore ensuring privacy.
· To notify SMART INTERACTIVE immediately of any indication or evidence of a security violation in The Official Store of Arnold Classic Europe and IFBB, inappropriate or forbidden use of the services rendered from the site, or any security breach.
· Use contents, information and services rendered through Official IFBB Store correctly, in accordance with the law, good faith and accepted good conducts, committing to:
o Refrain from using services for illegal, fraudulent, harmful to the ends, rights and interests of SMART VENTURE or third parties, violators of the rules contained in this agreement or in the Special Conditions that regulate any service provided from or through The Official IFBB Store .
o Refrain from any action that may disable, overload or harm, any system or equipment of The Official IFBB Store directly or indirectly accessible through The Official IFBB Store.
o Respect intellectual and industrial property rights of SMART INTERACTIVE and third parties about contents, information and services rendered from The Official IFBB Store, refraining from copying, distributing, reproducing or communicating in any way to third parties, without specific written permission from SMART INTERACTIVE or holders of those rights.
IV. INTELLECTUAL AND INDUSTRIAL PROPERTY
All software and contents in The Official IFBB Store, included: texts, animations, pictures, etc. as well as brands, commercial names or distinctive marks showed, are property of SMART INTERACTIVE or third parties and they are protected by international and national intellectual property and industrial laws.
Any external use of The Official IFBB Store, included the reproduction, modification, distribution, transmission, republication, arrangements and representation of any elements are strictly forbidden unless written consent of SMART INTERACTIVE.
V. EXCLUSION OF GUARANTEES
Access to The Official IFBB Store doesn€™t imply any guarantee, expressly refuses to SMART INTERACTIVE, according to the quality, veracity, accuracy, legality, currency or force, as well as the usefulness or fitness for any purpose of the person accessing it. Access to Official IFBB Store and use of the information and contents included on the same or available from the same, is carried out solely under user responsibility.
SMART INTERACTIVE will not answer in any case or any measure, for direct or indirect damage, or for emerging damage or loss of profit, for possible damages coming from the use of information and contents of The Official IFBB Store or available from o through the same.
SMART INTERACTIVE DOES NOT guarantee the quality, veracity, accuracy, legality, currency or validity, as well the usefulness and suitability of the contents of The Official IFBB Store. SMART INTERACTIVE excludes, to the fullest extent permitted by law, any responsibility of any kind for quality, veracity, accuracy, legality, timeliness, validity or usefulness / appropriateness that a user could have attributed to Official IFBB Store.
The Official IFBB Store will contain links with websites, which even inside The Official IFBB Store belong to third parties. Furthermore, The Official IFBB Store could contain links with external websites. Both cases, SMART INTERACTIVE cannot monitor or control the content. SMART INTERACTIVE excludes, with the fullest extent permitted by law, any responsibility, derived from existence or accessibility to the content.
Therefore, SMART INTERACTIVE will not be responsible, even under indirect or subsidiary circumstances, by services or products rendered or offered by other people or entities, or by contents, information, communications, opinions or manifestations of any type originated or offered by third parties resulting available through the web sites of SMART INTERACTIVE.
VI. SECURITY AND PRIVACY
SMART INTERACTIVE will use all available means to provide security systems that protect up to a reasonable point their systems and data content in the same against deliberated attacks, malware, etc.
However, user understands and accepts the existing risks of provisioning services through internet due to the open, decentralized and global nature of the communication networks.
Therefore SMART INTERACTIVE DOES NOT guarantee the impregnability of their security systems, or the privacy of information placed in these systems. SMART INTERACTIVE excludes, with the fullest extent permitted by law, any responsibility of any kind for security breaches in The Official IFBB Store and the consequences that can be derived.
System interruptions and suspension
From a general standpoint the different services will be available continuously in internet. However, the user is advised that SMART INTERACTIVE DOES NOT guarantee in no way the continuity due to the media nature that provides it.
The user understands and accepts the aspect which renders the services through internet due to the opened, decentralized and global nature of the network. For example, and by way of illustration not exhaustive, below some situation are recorded that can stop temporally delivering systems:
· Maintenance services in the servers and data line.
· Serves and data line faults.
· Deliberated attacks against security and system integrity.
· Malware and malicious code in websites that conform and are available from The Official Store of Arnold Classic Europe and IFBB
SMART INTERACTIVE excludes, with the fullest extent permitted by law, any responsibility of any kind derived of the temporally availability of The Official IFBB Store on the internet network.
The user is advised that SMART INTERACTIVE always can, with its own criteria and without previous obligation to notify, to terminate definitely the presence of The Official IFBB Store of SMART INTERACTIVE on the internet network. Therefore, the previous services rendered from or through this, without damage of what SMART INTERACTIVE disposes about that in the Special Conditions. SMART INTERACTIVE is exempted of any type of responsibility of any kind derived of the consequences that can occur for the definitely suspension of the rendered services.
Warning about product stocks showed in Official IFBB Store:
In The Official IFBB Store is a section about the stocks information and available sizes of communicated products, each case, by the manufacturer or dealer.
SMART INTERACTIVE makes efforts to keep updated information about stocks and sizes in The Official IFBB Store, depending of the transmitted information each moment by the manufacturer and dealer, but cannot guarantee the adaptation to reality from the same because it is external information or information provides by third parties.
Voluntary resignation, exclusion of The Official IFBB Store and responsibilities:
Any users can request the voluntary resignation, at any moment, as user of The Official IFBB Store. SMART INTERACTIVE provides 30 days to check the situation of the user about the whole services which the user is subscribed, in this case, the user can issue an invoice for all consumption that are pending billing when the voluntary resignation is done.
If there is not a pending settlement or charge, the resignation will be immediate. Otherwise, the resignation will be subject to payment of the total amount from SMART INTERACTIVE.
The user answered for the god use of The Official IFBB Store and services contracted from or through this. Any use of services in contrary contracted by the user, will assume the immediate removal of The Official IFBB Store and the loose of its condition of registered user, without compensation right of and without damage of the legal action that SMART INTERACTIVE
Personal or professional data falsity provided by user during the registered process in The Official IFBB Store or in any rendered services from or through this, would involve the immediate removal of Official IFBB Store and the loose of its condition of registered user, without compensation right of and without damage of the legal action requires by SMART INTERACTIVE.
Any action by the user that would put at risk or damage the system, equipment or available services direct or indirect through The Official IFBB Store would involve the immediate removal of The Official IFBB Store and the loose of its condition of registered user, without compensation right and without damage of the legal action that SMART INTERACTIVE be required.
Any action by the user that violate the current terms and conditions, special conditions that would regulate specific services, the law and the accepted god customs, would involve the immediate removal of The Official IFBB Store and the loose of its condition of registered user, without compensation right of and without damage of the legal action that SMART INTERACTIVE be required.
The user is solely responsible facing claims, legal, judicial and extrajudicial actions, indicated by third parties against the user or SMART INTERACTIVE, based on the uses against the law, moral, god faith and god customs accepted generally.
To do effective notifies, SMART INTERACTIVE designates as contact address the address specify in the heading of the terms and conditions.
The email address provides by the user during the register process The Official IFBB Store, will be used by SMART INTERACTIVE to notify user.
The user has to update its data for the notices indicated in this statement.
All notices that SMART INTERACTIVE provides to the user will be valid if SMART INTERACTIVE uses the data through the media noted above. SMART INTERACTIVE does not shuffle of any damage that could happen if the user does not keep updated its contact data.
VIII. Validity and completed agreement
Declaration of invalidity or nullity of any stipulation in the current terms and conditions, does not affect the validity and efficiency of the remaining clauses.
Current terms and conditions of rendered services by SMART INTERACTIVE through The Official IFBB Store are the entire agreement between all parties, considering it a higher rank of any previous written or spoken agreement, understanding, confirmation, representation, negotiation or the purpose of agreement on this matter.
VIX. Applicable law and jurisdiction
The current terms and conditions will be registered and interpreted in each of its points by Spanish law.
SMART INTERACTIVE and the user are committed to resolve conflicts amicably any disagreement that would emerge during the mercantile relationships.
To solve disputes that would emerge during the developing of mercantile relationships, both parties shall be subject to the jurisdiction of the Courts and Tribunals of Madrid (capital), except compulsory jurisdiction from legal submission.