Avis juridique

We want your navigation through our website to be as safe, transparent and comfortable as possible. Below, we provide you with all the legal information regarding the use of our platform.

IDENTIFICATION

We hereby provide Users with information about the online platform https://zurichmaratonsansebastian.com/ (hereinafter referred to as the « Platform« ).

The Platform is owned by:

• Owner: RPM Racing S.L.U. (hereinafter, « RPM »),
• VAT Nº: B61514360
• Registry details: Commercial Register of Barcelona, volume 48011, page 115, sheet B-171.258, registration 1.
• Registered office: Avenida de la Granvia de L’hospitalet, 8 -10 7ª PLANTA, L’hospitalet de Llobregat, 08902 , Barcelona
• E-mail: dpo@rpmsports.es

Access to and use of the Platform implies express and unreserved acceptance of all the terms and conditions of this Legal Notice, having the same validity and effectiveness as any written and signed contract. Its observance and compliance will be enforceable with respect to any person accessing and using the Platform. If you do not agree with the terms and conditions set out above, do not access or use the Platform.

RPM reserves the right to modify the presentation, configuration and content of the Platform, as well as the conditions required for its access and/or use. Access to and/or use of the services of the Platform after the entry into force of its modifications or changes implies acceptance of the same.

However, access to and use of certain services may be subject to certain special conditions, which will be clearly displayed and must be expressly accepted by users. These special conditions may replace, supplement or, where appropriate, modify these special conditions of use.

RPM reserves the right to modify the terms and conditions stipulated herein, fully or partially, by publishing any changes in the same form in which these conditions of use appear or through any type of communication addressed to users.

DESCRIPTION OF THE PLATFORM

RPM is a sports event organiser and publisher specialising in the creation of sports-focused content.

For a better experience, for our growth as a brand and to build strong relationships with you, we will use your data responsibly. As a company, we are committed to protecting your privacy and your personal data. In this regard, we fully comply with all applicable personal data protection regulations.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

RPM is the holder or, where appropriate, has the relevant licenses on the intellectual and industrial property rights of the Platform, as well as the intellectual and industrial property rights on the information, materials and contents of the Platform.

The User has the right to use the contents and services of the Website within a strictly domestic context.

References to registered trademarks or trade names, or other distinctive signs, whether owned by RPM or third parties, imply a prohibition on their use without the consent of RPM or their legitimate owners.

All intellectual and industrial property rights over the contents and/or services of the Platform are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Platform, for public or commercial purposes, without the prior, express written authorisation of RPM or, where appropriate, of the holder of the relevant rights.

In the event that the User sends information of any kind to RPM through any of the channels provided for this purpose, the User represents, warrants and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User acknowledges that he/she assumes responsibility and holds RPM harmless for any communication that he/she provides personally or on his/her behalf, such responsibility reaching without restriction to the accuracy, legality, originality and ownership of the same.

LINKS

a) Links to other websites

As regards the links published, RPM undertakes to ensure that the content of such links complies with current legislation and with the Legal Notice. RPM also undertakes to immediately remove them as soon as it becomes aware that the linked content is in any way in breach of any of the indications made. 

The inclusion of any type of link from the Platform to another external website does not imply that there is any type of relationship, collaboration or dependence between RPM and the party responsible for the external website.

b) Links on other Websites to RPM

RPM informs that it does not have the power or the human-technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Platform.

Therefore, RPM assumes no responsibility for any aspect related to those links, including, but not limited to their operation, access, data, information, files, quality and reliability of their products and services, its own links and / or any of their contents in general.

UNAUTHORISED USE OF THE WEBSITE

Access to or use of the Platform for illegal or unauthorised purposes, with or without an economic purpose, the following is prohibited, without the following being a comprehensive list, and the consequences thereof shall be the sole responsibility of the User:

1. use the Platform in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the device and/or computer of a third party;
2. use the Platform for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
3. use the Platform to collect personal data from other users;
4. include false contact details, impersonate third parties, or perform any other action that may mislead as to the identity of the User;
5. breach, or attempt to breach, the security or authentication measures of the Platform or any network connected to the Platform, or the security or protection measures inherent in the content offered on the Platform;
6. take any action that causes disproportionate or unnecessary saturation of the Platform infrastructure or RPM’s systems or networks, as well as systems and networks connected to the Platform; or
7. hinder any activity available on the Platform or any of its features, either by altering or attempting to alter, illegally or in any other way, access, or operation, or by using fraudulent methods, by any procedure, and/or through any practice that violates or infringes in any way this Legal Notice.

Failure to comply with any of the above obligations by the User may lead RPM to undertake the appropriate legal actions in the exercise of its rights or obligations, and may result in the suspension of the offending User’s participation, without the possibility of any compensation for damages.

RESPONSIBILITIES AND GUARANTEES

RPM cannot guarantee the reliability, usefulness or accuracy of absolutely all information and/or services on the Platform, nor the usefulness or accuracy of the documentation made available through the Platform.

Accordingly, RPM does not warrant and shall not be liable for: (i) the continuity of the Platform; (ii) the absence of errors in the Platform; (iii) the absence of viruses and/or other harmful components in the Platform or in the server that supplies it; (iv) any  breach of the Platform and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damage or harm caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions that RPM establishes on the Platform or through the violation of the security systems of the Platform.

Nevertheless, RPM declares that it has taken all necessary organisational and technical measures, within its possibilities and the state of the art, to guarantee the operation of the Platform and to minimise system errors, both from a technical point of view and in terms of the content published on the Platform.

If any User fails to fulfil any of their obligations or hinders the other party from fulfilling their obligations, they shall be liable for the damages caused, both for consequential damages and loss of profit.

In any case, RPM reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, the access and/or use of services of the Platform, with or without prior notice, to Users who contravene any of the provisions detailed in these terms of use, without the User being able to claim any compensation for this reason.

PRIVACY AND COOKIES POLICY

In accordance with the provisions of current and applicable legislation on the Protection of Personal Data, all personal data provided during access and use of the Platform will be treated in accordance with the provisions of the Privacy Policy that all Users must expressly accept in order to access and use the Platform.

Any User who accepts this Legal Notice, accepts in an informed, express and unequivocal manner our Privacy Policy and Cookies Policy, and may exercise their rights on this matter, as indicated in the aforementioned policies.

GOVERNING LAW AND JURISDICTION

All clauses or sections of these terms and conditions must be interpreted independently and separately, while the rest of the stipulations shall not be affected in the event that one of them is declared null and void or unenforceable by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by one or more other clauses that preserve the intended effects sought in the terms and conditions.

The failure of RPM to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by RPM.

Regardless of the geographical location of Users or their nationality, and provided that the regulations provide for the possibility that the parties may submit to a specific jurisdiction, for all litigious matters or disputes concerning the Platform, the Spanish legislation in force at the time of the dispute shall apply, and the courts and tribunals of Barcelona (Spain) and, where appropriate, the consumer arbitration courts or similar courts to which we are adhered at the time of the dispute shall be competent to resolve all disputes arising from or relating to the use of the Platform.

To submit complaints about the use of our services, you may contact us by mail at the e-mail or postal address indicated in the introductory section, and we undertake to reply to all notifications that we receive in this regard.

Updated in May 23