GENERAL TERM OF USE

1. This document shows the General Terms of Use of the Website WHISBI.COM (the “Site”) property of Whisbi Technologies, S.L. (“WHISBI“) has access, will be included in a file owned by WHISBI, located at C/Calabria, 169-10th Floor, 08015 Barcelona, Spain, Registration Code Number B85.508.281 and entered at the Commercial Registry of Barcelona, Tome 41842, Folio 123, Page B 398990, registration 2
Certain services of the Site may be subject, together with the General Terms of Use, to its own terms of use (from now on Particular Terms of Use).
WHISBI may modify the General Terms of Use and all the Particular Terms of Use (called together `Terms of Use), at any time without prior notice, in order to adapt them to the current law applicable at each time, jurisprudential changes and usual market practice. Access and use of the Site by the User implies their express acceptance of all the Terms of Use on the published version on the Site when accessing it.
2. Access to the Site attributes the status of User. To access and use certain services it may be necessary to be a registered User. This registration must be carried out only in the specified way. The User understands and accepts that the use of the contents and / or services offered on this Site shall take place at his own risk and / or liability. The User undertakes to use the Site and all its contents and services in accordance with law, morality, civil order and Terms of Use. Similarly, the User undertakes to make proper use of the services and / or contents of the Site which shall not be used under any circumstances for illegal purposes or those which may constitute a crime or threaten third parties´ rights and / or constitutes an infringement of the intellectual and industrial property rights protected by law or any other regulations of the applicable legal code. The user undertakes not to transmit, insert, distribute or put at third parties´ disposal any kind of material and information (data, messages, pictures, sound and image files, photographs, software, etc.) contrary to law, morality, civil order and Terms of Use. For your information, under no circumstances limiting or mutually exclusive, the User undertakes: +Not to insert or distribute any information, false, ambiguous or inaccurate contents that lead the information recipients into error. +Not to impersonate other Users of the Site. +Not to carry out any action, nor distribute, transmit or put at third parties´ disposal any kind of information, item or contents that constitutes an infringement of the intellectual and industrial rights protected by law, patents, marks or copyright property of the owner of the Site or of third parties. +Not to carry out any action or omission that implies or may imply an infringement of telecommunications secrecy and Personal Data Protection Law. +Not to carry out any action or omission that promotes, incites and / or constitutes xenophobic conduct, apology for terrorism or that threatens human rights. +Not to insert or distribute into the Internet any data program (virus or harmful software) liable to cause damage to the computer systems of the access provider, its providers or third party users of the Internet. +Not to transmit advertising that has not been requested or authorized, advertising material, `spam´, `chain letters´, `pyramid schemes´, or any other way of request, except into those areas (such as advertising spaces) that have been exclusively designed for that purpose. +Not to distribute, transmit or put at third parties´ disposal any information, item, or contents that threatens fundamental rights and public freedom recognized by Constitution and international treaties. +Not to distribute, transmit or put at third parties´ disposal any information, item or contents that constitutes illegal or unfair advertising
3. The User understands that all the contents of the Site, information and material contained on it, structure, selection, arrangement and display of its contents and computer programs, software, databases relating to it are protected under WHISBI or third parties´ intellectual and industrial rights. As a result the User may not reproduce, transform, modify, disassemble, carry out reverse engineering, distribute, hire, render, put at disposal or permit public access by means of a public communication method to any item and / or contents of the Site. The User shall refrain from suppressing identification symbols of the intellectual and industrial rights or any other belonging to WHISBI or third parties shown on the Site, and from the different services offered through it. Similarly, the User shall refrain from evading or manipulating any technical device provided by WHISBI or third parties for the protection of their rights
4. WHISBI does not guarantee availability, access and continuity of the operation of the Site. In accordance with the limits established in the current legal code, WHISBI shall not be liable for the damages caused to the User as a result of the lack of availability, access errors and lack of continuity of the Site.
5. Contents and services provided by third parties may be accessed to through the Site. WHISBI shall only be liable for the Services provided by itself and the contents directly created by WHISBI. The aforementioned liability will be excluded in the event of unavoidable circumstances or if the User´s system configuration is not the appropriate to permit the right use of the Site services.
6. Through the Site, the User shall access, use and contract services and / or contents liability and property of third parties. WHISBI neither previously controls, approves nor is liable for the content and services contracted and / or provided by these third parties through the Site. In the same way, WHISBI does not guarantee legality, reliability, usefulness, veracity, accuracy, exhaustiveness and update to the content and services provided by third parties through the Site. The User understands and accepts that contracting processes of services initiated through the Site and any contractual or extra-contractual relationship formalized with the third parties contacted through the Site, are considered to have been solely carried out between the User and the third party. Therefore the User accepts that WHISBI is not liable for damage of any nature caused on the occasion of their contracting process, business, talks and / or contractual or extra-contractual relationships with the third parties contacted through the Site, and whose products are the subject of marketing through the Site. With the indicated restrictions by applicable current rules as regards Information Society Services, WHISBI shall not be liable, neither indirectly nor subsidiarily, for damages of any nature arising from the use and contracting of the contents and services provided by third parties through the Site, as well as the lack of legality, reliability, usefulness, veracity, accuracy, exhaustiveness and update to them. For your information, under no circumstances limiting, WHISBI shall not be liable for the damages of any nature arisen from: a) defective compliance and / or failure to comply with the contractual and / or extra-contractual agreements assumed by third parties; b) acts of illegal advertising or unfair competition; c) services and contents of third parties which are inappropriate and fail to meet expectations; d) all kind of vices and defects of the Services and contents provided through the Site by third parties; e) the use and processing carried out by third parties relating to the personal data provided through the Site by the User.
7. The Site puts linking technical devices and search tools at the User´s disposal that permit access to websites property of other entities (links). The User understands and accepts that the use and access to the linked websites shall take place at their own risk and responsibility and WHISBI is exonerated from any liability relating to technical availability of the linked websites, quality, reliability, accuracy and / or veracity of the services, information, items and / or contents the User may access on them and in the search directories included on the Site. With the indicated restrictions by applicable current rules as regards Information Society Services, WHISBI shall not be liable, neither indirectly nor subsidiarily, for the damages of any nature arising from: a) operation, lack of availability, inaccessibility and lack of continuity of the linked website and / or the available search directories; b) the lack of maintenance and updates to the content and services contained on the linked websites; c) the lack of quality, accuracy, legality and usefulness of the content and services of the linked websites.
8. Use of Personal  Data
Personal data for third parties.
When the User accesses content or initiates the contracting process of a Service and / or product advertised and / or marketed through the Site by a third party, the User shall provide their personal data for the abovementioned entity which is liable and owner of the service and contents accessed to or whose contracting has been initiated.
The company which owns the Service and /or content shall be in charge of the personal data processing. In each of the registration forms that must be formalized by the User to access the various services and / or products provided by the third party, the entity liable for the processing shall be identified, as well as the various points established under the current law applicable to personal data provided for WHISBI as owner and manager of the Site.
Personal data for Whisbi
As regards the personal data of the User obtained by WHISBI as owner of the Site and as a result of the access and use of it by the User (e.g. IP addresses, e-mail addresses sent to WHISBI, etc.), as well as other data voluntarily provided by you for WHISBI as manager of the Site,  please read the Whisbi Privacy Policy.

Access to personal data of the video agent

The user acknowledges and accepts that during  the use of the Site and/or the provision of the Service it will have access to personal data of the video agent including, among others, its name and image.  The user is obliged and guarantees that (i) under no circumstances will it record or store the personal data of the video agent (ii) it will be responsible at all times vis-a-vis the video agent and any other third party for the use and processing of such data.
9. Use of Cookies. Please note that the website uses both our cookies and third-party cookies in order to improve our services and to display advertisements related with your preferences by analyzing your browsing habits. If the User continues browsing it would be understood that it agrees and accepts the use of Cookies.
Cookies are tools used by web servers to store and retrieve information on their visitors. They are small text files which we send to your computer in order to maintain a record of your preferences and remember them upon your return.
These cookies can store information in order to show contents and offers of special interest in accordance with your profile and to register the number of times a message is shown to a User (generally novelties in the website).
Users may freely decide about whether cookies used are implemented in their hard drives or to receive a warning on their screens when a cookie is received and to decide whether or not to implement it in the hard drive. In order to do so, we suggest using the help section in your web browser to find out how to change the configuration currently being used.
For more information on the use of Cookies please visit our Use of Cookies Policy.
10. WHISBI reserves the right to: a) Carry out the changes considered suitable, and may modify, delete and unilaterally include without prior notice new contents and / or Services, as well as the way in which those shall be displayed and located. b) Deny or withdraw access to the Site, without needing prior notice, at its own request or at third parties´ request, to those Users that may be breaking these Terms of Use.
11. All the questions relating to the Site are subject to Spanish Law and submitted to the jurisdiction of the Courts and Tribunals of Spain
 
_Last Updated: 25th September 2013