• ubiquii Service Terms & Conditions

    1. Terms & Conditions acceptance

    1.1 By accessing, viewing, downloading or otherwise using ubiquii or any webpage or feature available through ubiquii, any information provided as part of the ubiquii services, or any related emails, newsletters or services (hereinafter collectively “ubiquii” or the “Services”), or by clicking “Join ubiquii” during the registration process, or any other form of registration to access the Services, you conclude a legally binding agreement with SOMA Barcelona SL, Calle Sant Gervasi de Cassoles, 82, 2º 1ª, 08022, Barcelona, España (“SOMA”) based on the terms of this ubiquii User Agreement (“Agreement” or “Terms”) and become a ubiquii user (“User”). If you are using ubiquii on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Join ubiquii” and do not access, view, download or otherwise use any ubiquii webpage, information or services.
    1.2 By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.

    2. Personal Data – Privacy Policy
    2.1 In accordance with the provisions of LOPD 15/1999 and of LSSI-CE 34/2002 and the additional provisions, the User expressly and unequivocally authorises SOMA for the personal and professional data that is voluntarily provided, including the electronic address (email) to be incorporated in an automated file property and responsibility of SOMA and that it is published, in restricted access conditions, to the participants and other ubiquii users.
    2.2 This file is registered at the Spanish Data Protection Agency (AEPD), under code 2093021128 in accordance with Organic Law 15/1999.
    2.3 By providing his/her own data, the User expressly and unequivocally authorises the rest of the ubiquii participants to check its published data and to send internal messages through ubiquii using the functionalities that it offers.
    2.4 Prior to joining ubiquii, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of ubiquii Users and to ubiquii and you must not communicate to ubiquii and its Users any information the dissemination of which could be harmful to you.
    2.5 ubiquii exercises no control over any content you or others submit while using ubiquii. ubiquii has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users.
    2.6 By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights.
    2.7 Establishing contact: ubiquii has the possibility to establish contacts between all the participants. You authorise the Users to send you communications or information by e-mail or through the tool provided by ubiquii.
    2.8 This authorisation is also applicable to SOMA which can send you information in relation to other services developed by SOMA or its partners.
    2.9 SOMA also informs the User that once registered it can at any time exercise its access, rectification, opposition and cancellation rights of the data published in ubiquii sending an email to somabarcelona@somabarcelona.com, with the subject title “ubiquii Personal Data”. Your request will be dealt with in the following 10 days from reception and will only be effective from that moment.
    2.10 SOMA will not be responsible for the improper use that third parties may do of the data published by the Users as SOMA has no control over these events.

    3. Exclusion of Warranties
    3.1 The Services are provided as is and SOMA, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them
    3.2 In particular, SOMA, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
    3.2.1 your use of the Services will meet your requirements,
    3.2.2 your use of the Services will be uninterrupted, timely, secure or free from error,
    3.2.3 any information obtained by you as a result of your use of the Services will be accurate or reliable, and
    3.2.4 that defects in the operation or functionality of any Service provided to you as part of the Services will be corrected.
    3.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms
    3.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

    4. Limitation of Liability
    4.1 Nothing in these Terms shall exclude or limit SOMA’s liability for losses which may not be lawfully excluded or limited by applicable law
    4.2 Subject to overall provision in paragraph 4.1 above, SOMA, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
    4.2.1 any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
    4.2.2 any loss or damage which may be incurred by you as a result of:
    4.2.2.1 any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
    4.2.2.2 any changes which SOMA may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
    4.2.2.3 the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
    4.2.2.4 your failure to provide SOMA with accurate account information;
    4.2.2.5 your failure to keep your password or account details secure and confidential;
    4.2.2.6 SOMA does not have any obligation to verify the identity of the persons subscribing to its Service, nor does it have any obligation to monitor the use of its services by other Users of the community; therefore; SOMA declines all liability for identity theft or any other misuse of your identity or information.
    4.3 The limitations on SOMA’s liability to you in paragraph 15.2 above shall apply whether or not SOMA has been advised of or should have been aware of the possibility of any such losses arising.

    5. General
    5.1 Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (somabarcelona@somabarcelona.com, making reference to “ubiquii Password Lost” in the email subject), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your LinkedIn account or any information therein to another party or charging anyone for access to any portion of ubiquii, or any information therein.
    5.2 If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
    5.3 Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality and aforementioned data transmission. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ubiquii account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of this Agreement.
    5.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    5.5 Unless specified otherwise all graphic designs, text, user interfaces, brands and products shown through the Service are Copyright of SOMA. In some cases these brands are also SOMA Registered Trademarks. This excludes some of the icons and pictures used which have been found in public sources and through internet searches with no copyright or trademark claims. If any of the icons or pictures have a copyright or trademark holder other than SOMA please inform immediately SOMA sending an email to somabarcelona@somabarcelona.com with the subject “Copyright or trademark claim” and we will remove the relevant icons or pictures as soon as possible.

    6. Advertisements
    6.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
    6.2 SOMA will also insert profiles or information regarding exhibitors, sponsors or any other company or entity together with profiles or information of other ubiquii users.
    6.3 The manner, mode and extent of advertising by ubiquii on the Services are subject to change without specific notice to you.
    6.4 In consideration for ubiquii granting you access to and use of the Services, you agree that ubiquii may place such advertising on the Services.

    7. Termination
    7.1 You may terminate this Agreement, for any or no cause, at any time, with notice to SOMA which shall be effective upon SOMA processing such notice. SOMA may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your ubiquii account includes disabling your access to ubiquii (including any content you submitted or others submitted) and may also bar you from any future use of ubiquii.

    8. Consequences of Termination
    8.1 Upon termination, you lose access to ubiquii. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.

    9. Applicable legislation
    9.1 The Agreement and any disputes with us or any SOMA affiliate arising out of or relating to the Agreement or SOMA (“Disputes”) shall be governed by Spanish law.

    10. Changes to the terms
    10.1 SOMA may make changes to the Terms & Conditions from time to time. When these changes are made, SOMA will make a new copy of the Terms & Conditions available at www.ubiquii.com.
    10.2 You understand and agree that if you use the Services after the date on which the Terms & Conditions have changed, SOMA will treat your use as acceptance of the updated Terms & Conditions.

    15 January 2010