General Conditions of Use and Contracting of Services
The present General Conditions of Use (hereinafter referred to as "the General Conditions") govern your access and use of the website accessible through the following domain: www.socialmediadiscovery.com and its sub domains (hereinafter "the website"). Simple access to the aforementioned website denotes the status of "user" (hereinafter, "the user") and implies acceptance of all the terms contained in these conditions.
By accepting the General Conditions, the user expresses:
- a. That they have read and understood its contents.
- b. That they assume all obligations set forth.
It is the user's responsibility to check the current version of these terms and conditions each time they access the website, as these terms and conditions are subject to change.
The website owner reserves the right to make, at any time and without notice, any changes or updates to the content and services of the general conditions and, in general, to those elements which make up the design and settings of the website.
The modification of these terms shall not affect the property or promotions acquired prior to the change.
1. Website Overview
In compliance with the provisions of Article 10 of the Royal Decree 34/2002 (11th July 2002), "Services of the information society and electronic commerce", the website's registered information is detailed below:
Holder: GreenData, SL (Hereinafter "Social Media Discovery").
Registered office: C/ Tuset, 19, 2nd floor, 08006 Barcelona, Spain.
Company nº: B60742863
Phone: 93 265 34 24
Registration details: Registered in the Barcelona Companies Registry Office, dated 11 January, 1995, volume 27921, folio 172, page nº B-128.261.
2. Website Access
Simple access to the website is free except for the cost of connection through the telecommunications network provided by the service provider contracted by the user.
3. Need to register
To use the services of the website prior user registration is required.
The data entered by the user must be accurate, current and truthful. The registered user shall be responsible at all times for the protection of its password, thus assuming any damages arising from its misuse, as well as its handover, disclosure or loss thereof. For these purposes, access to restricted areas and / or use of content and services conducted under the password of a registered user shall be deemed made by such registered user, who shall be accountable in every case of such access and use.
4. Rules governing the use of the website
The user agrees to use the website and its contents and services as provided for by current legislation, morality, public order and in the general conditions, and not use them for illegal or criminal purposes, which infringe the rights of others and / or violate the regulations on intellectual property, or any other applicable legal standards.
By way of example, but in no case limiting or excluding, the user agrees to:
I. - Not to input or diffuse content or propaganda of a racist, xenophobic or pornographic nature that justifies terrorism or that violates human rights.
II. - Not to introduce or spread computer data programs (viruses and harmful software) susceptible to cause damage to the provider’s computer systems, its suppliers or third party users of the Internet.
III. - Not to diffuse, transmit or make available to third parties any information or content element that undermines fundamental rights and public freedoms recognized in the Constitution and international treaties.
IV. - Not to diffuse, transmit or make available to third parties any information or content element that constitutes unlawful or unfair advertising.
V. - Not to diffuse unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as commercial areas) that have been designed exclusively for it.
VI. – Not to introduce or spread any false information and inaccurate content with the purpose of misleading the recipients of the information.
VII. - Not to supplant other users by making use of their usernames for different services and / or content on the website.
VIII. - Not to diffuse, transmit or make available to third parties any information or content element that involves a violation of the rights of intellectual property, patent, trademark or copyright that corresponds to the holders of the website or third parties.
IX. - Not to diffuse, transmit or make available to third parties any information or content element that involves a violation of the secrecy of communications and the law of personal data.
The user agrees to indemnify Social Media Discovery against any possible claim, fine, penalty or penalties that they may be enforced to endure as a result of the breach by the user of any of the usage rules outlined above, and furthermore renounces the right to solicit compensation from Social Media Discovery for corresponding damages and losses.
By the same token, Social Media Discovery reserves the right to prohibit, at any time, any user to access and / or use the services available on the website.
5. Exclusion of Liability
Social Media Discovery assumes no responsibility for updating this website to keep information current or warrant that the information published is accurate or complete. Therefore, the user must confirm that the information published is accurate and complete before making any decision related to any services or contents described in this website.
User access to the website does not imply an obligation by Social Media Discovery to control the absence of viruses, worms or any other malicious software. It is the responsibility of the user, in any case, to make adequate tools available for the detection and disinfection of harmful computer programs and malware.
Social Media Discovery shall not be responsible for any damages caused to the software and/or hardware of the users or third parties during the use of the services offered on the website, or damage of any kind caused to the user as a result of failure or disconnection in telecommunications networks that produce the suspension, cancellation or discontinuance of the website service while providing the same or prior.
6. Contents and services linked to the website
The website may contain technical link devices, bibliographic records, directories and even search tools that allow the user to access other websites and online portals (henceforth "Linked Sites"). In these cases, Social Media Discovery shall not be held responsible for the contents and services supplied on the Linked Sites, notwithstanding, Social Media Discovery shall make every effort possible to deactivate any link with due diligence to which it has been alerted and which has been found to contain illegal or inappropriate content. In the event that the user considers a Linked website to be of unlawful or inappropriate content, he may communicate this fact to Social Media Discovery, but under no circumstances the notice will entail obligation to remove the link.
In any case the existence of Linked Sites corresponds to formal agreements with the managers or owners thereof, or the recommendation, promotion or identification of Social Media Discovery with demonstrations, contents or services provided.
Social Media Discovery does not control the contents and services of the Linked websites and, therefore, it is not responsible for damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services of the Linked Sites or by any other damage that is not directly attributable to Social Media Discovery.
7. Intellectual property
All contents of the website, this includes, without limitation, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes are owned by Social Media Discovery or third parties, without any operation rights being transferred to the user as recognized by the current legislation on intellectual property.
The trademarks, trade names or logos are owned by Social Media Discovery or third parties and is understood that access to the website does not assign any right to use or reproduce them.
Of all content freely published by the user on the website, implying but not necessarily restricted to, images, photographs, and any text (henceforth "Content"), you acknowledge to be the owner of the corresponding rights of use, or have the owner's permission to post any of the above on the website.
On those contents, it grants a free-to-use license to Social Media Discovery without any time or territory limitations. Based on the license, Social Media Discovery may freely exploit the rights of reproduction, transformation, distribution and publication to its fullest extent.
8. Nullity and inefficacy of the clauses
If any clause in these general conditions is declared totally or partially invalid or unenforceable, such invalidity or unenforceability will only affect the specific provision or part thereof that is invalid or unenforceable, these terms overruling all others, and considering such arrangement not wholly or partially included.
9. Applicable law and jurisdiction
These Terms are governed by and construed in accordance with Spanish law. Social Media Discovery and the user agree to submit any dispute that may arise in connection with the website to the Courts and Tribunals of the city of Barcelona, Spain, unless the law provides otherwise.
Version in force since May 9, 2013