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SpyEarth

SpyEarth is the perfect source to share video links,upload photos and connect with the people .


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LEGAL NOTE AND CONDITIONS OF USE

Parties, aim, acceptance and contents of these Terms and Conditions

We would like to welcome you and thank you for using our services (hereinafter, the “Services”) offered through the Internet web site www.spyearth.com (hereinafter, the “Site”), an online community property of the company […] (hereinafter, the “Company”).

In accordance with article 10 of Law no. 34/2002, of June 11th on Information Society and e-commerce Services, we provide the User with the identification and contact details of the Company:

[…], with address located in […],VAT no. […], inscribed in the Commercial Registry with nº […].
Contact telephone no.:
E-mail address: info@spyearth.com

The mere access to and/or use of the Services offered at this Site implies the total unreserved acceptance of the Terms and Conditions contained on this Legal Notice. Therefore, we recommend to read its contents carefully, and to avoid accessing the Site and/or using the Services in case of disagreement.

Accepted Terms and Conditions will rule your relationship as natural person user of the Services (hereinafter the “User”) with the Company, establishing a legal and binging contract.
Terms and Conditions of the present contract include the following sections:
(a) Conditions of Use of the Service; (b) Copyright and Rights of Image Policy; (c) Privacy Policy (d) General Regulations

CONDITIONS OF USE OF THE SERVICE

1.- Aim of the service

The Site is an online community, free of charge, which allows the Users to interact exchanging reliable and updated information. The same users contribute with the contents, through texts, opinions, information, images, videos, links, etc. (hereinafter the Contents) and at the same time have access to any other material or content published by other Users. The aim is to offer the Users access to a wide variety of information, for personal use, which allows them to solve doubts or make decisions of their daily life based on the information, images or videos uploaded by the other Users.

2.- Registered User  

Certain contents of the Site will be accessible to all Users, without the need of prior register. However, to gain access to all functions and Services offered, the User will be required to register on the Site. After the register, the User will have a virtual profile (hereinafter, Registered User), which will allow the User to interact on the Site as long as the User logs in with his/her username and password.

In order to register, the User will need to provide his/her personal details, which will be treated in accordance to our Privacy Policy.

The User accepts that the information provided for the register is truthful, complete and precise, and that the User has the legal capacity needed in accordance to the Law in his/her country.

A username and password will be required for the registration process, which will be kept in a safe and confidential manner. The User is responsible for each and every activity made under his/her Registered User profile.

Should the Registered User detect any unauthorized use of the Registered User profile, he/she must report it immediately to the person in charge of the Site.

In case of any misuse of the Service, the Company reserves the right to cancel Registered User profiles, without necessity of justification or prior notice.

At any time and with no need of justification, any Registered User might request cancellation of the User´s account, which requires the elimination of the User’s profile through the process established for that purpose on the Site. Cancelation of services will not necessarily imply the automatic elimination of the Contents or contributions made by the User.

3.- User’s obligations and appropriate use of the Services.

The User is required to use the Contents and Services in an adequate and responsable manner, observing the current legislation and these Terms and Conditions. The Company will not have the obligation (although will be able to) to exercise any control over the Contents uploaded by the Users.

By way of mere exposition, the User will not:

  • Use the Services with commercial purposes; only the personal use of these Services will be admitted.
  • The compilation of other Users personal details is strictly forbidden.
  • Publish Contents that might be illegal, offensive, and discriminatory or any other subject to infringe in third users’ rights. The user will assume all and exclusive responsibility for all the Contents (texts, images, video, links, etc.) sent, published or shown on this Site.
  • Act in bad faith or have abusive or disrespectful behaviours with other Users.
  • Publish Contents that break the intellectual or industrial property rights, or rights of image, according to the established in section Copyright and Rights of Image Policy.
  • Alter, modify or transform in any way any part or component of the Site, or introduce or spread Contents that may content computer virus or that may be subject to cause any damage on the Site or to other Users.
  • Use automated or any kind of system by means of sending automatic register forms.
  • Delete, alter, evade or manipulate any safety device or protection mechanism installed on the Site.

The Company is specifically entitled to block or restrict access to certain Users when considered necessary.

4.- Published Contents

The Registered User may upload only lawful contents following the procedure established on the Site, at any time and without restrictions of quantity.
In the same way, any Registered User will be enabled to withdraw, at any time and with no need of justification, any Content published by him/herself. Cancellation of a Registered Users’ account will not imply the withdrawal of Contents published by him/her; therefore these will remain accessible through the Site, unless the User proceeds to its withdrawal.
The Company reserves the right (although will not be obligated to) to withdraw, at any time and with no need of justification, any Content considered inadequate.
Although the Company will watch as far as possible to eliminate and prevent unlawful behaviour and Contents, the Company is not responsible for either the Contents provided by the Users nor the Users attitudes or behaviour. Therefore, the User is fully aware and accepts that he/she could be exposed to such material, and that uses the Services under his/her own responsibility.

5.- External Links

The video section of the Site can admit only the publishing of links from the “You Tube” platform or any other similar platform that allows it, so the Users can share video stored on those platforms.

In such cases in which links or hyperlinks towards other Internet sites are published on the Site, the Company will not execute any kind of control over such sites and contents. In any case the Company will assume any responsibility for the contents of a link towards an unconnected web site.

The User is responsible for publishing links in accordance to the “You Tube” platform (or the platform it comes from) Conditions of Use.

6.- Advertising

The User acknowledges that the Company may include, now or in the future, advertisements of its own activities or others unconnected to the company group, in the Site.

7.- Services modifications and cancellations

The Company will work for a constant improvement of the Services offered. Therefore, the Company reserves the right to modify, interrupt and/or cancel any or the total of the Services offered, at any time and with no need of justification. Any substantial modification that may affect the Users will, as far as possible, be informed within a reasonable period of time.

8.- Industrial and intellectual property rights

SPY EARTH is a national brand registered with no. M3025040-4], and communitarian, registered with no. 010777795, both for classes 25, 38 y 41. All distinctive signs and logotypes are own creations of the Company, which holds over them, exclusively, all industrial an intellectual property rights granted by current legislation.

The Company, itself or as assignee, holds all intellectual and industrial property rights of the design and the Contents of the Site (as way of exposition: images, sounds, audio, video, software or texts; brands or logotypes, colour combinations, structure and design, selection of utilized materials, computer programming necessary for its correct function, etc.)

It remains strictly forbidden to reproduce, distribute, communicate in public, make available to the public and/or transform, on the whole or part of the Contents and other elements of this Site, in any media and through any technical media, without express and in writing authorization of the Company. The User may visualize and even print the elements of the Site, copy and store them on the hard disk of his/her computer or any other hardware, only for personal and private use.

 

COPYRIGHT AND IMAGE RIGHTS POLICY

1.- Image Rights

The User declares that all and each one of the Contents uploaded or published on the Site respects the Organic Law 1/1982, of May 5th of Civil Protection of Right of Honor, Personal and Family Privacy and the Right to One’s Image (redacted according to all subsequent modifications), and do not mean in any way an unlawful meddling on other’s such rights. The User declares that he/she has permission and consent of all those persons which rights may result affected by the publishing of the Contents.  

If despite these declarations, any person may consider that his/her rights of honour, of privacy or of one’s image are being affected by any Content published on the Site, he/she may report an abuse or contact the Company through the following e-mail address: abuse@spyearth.com

2.- Intellectual and Industrial Property Rights.

The publishing of images, video or any other content will imply the cession to the Company of any rights necessary for its reproduction, distribution, public communication and transformation.

The Registered User who uploads or publishes Contents declares his/her exclusive ownership of the intellectual and industrial property rights, or that he/she is authorized to such publishing (and will remain authorized as long as being User of the Services) through license of use from the owner. Therefore, the User declares that none of the Contents uploaded to the Site infringe the intellectual or industrial property rights of third party. the Contents are exempt of any charge or burden, and that he/she has total disposal of them. 

3.- Licenses over the Contents

When publishing or uploading any Content on the Site, the Registered User will grand the following licenses over such material for the maximum period of time legally envisaged:

  • In favor of the Company, a license of global use, not exclusive, free of charge and which the authority to sublicense the rights of reproduction, distribution, public communication and transformation with the aim of allowing that the Contents can be stored and spread in order to render the Services.
  • In favor of all Users, a global license, not exclusive, free of charge, to use, reproduce, distribute, transform and execute the Contents, in order to be able to use the Services offered by the Site, according to these Terms and Conditions.

These licenses will automatically be revoked at the time the User proceeds to withdraw the Contents which gave place to its granting.

4.- Abuse reporting

The Company does not hold responsibility for the Contents uploaded by the Users. Hence, the Company makes available to the public a system to notify possible cases of unlawful Contents or that infringe the rights of a third party.

If any person knew of the existence of unlawful or offensive Contents, or understood his/her rights to be violated by any of the Contents published on the Site, he/she may contact the Company in order to request the withdrawal of such Contents. It must be a request in writing to the Company declaring what Contents wishes to withdraw, exposing clearly the rights understood to be violated or the reasons for which the Contents are being unlawful or offensive.

When the abuse report has been received, the Company will study and proceed to the withdrawal of the Contents if indeed rights are being violated or there exist an illegality. Once the Contents are withdrawn within a reasonable period of time after receiving the request, the Company will not, in any case, accept responsibility for any possible violation of third party’s rights.

Such Abuse Report may also be used to inform and report to the authorities about reprehensible behavior or attitudes of the Users.

If despite these, any person may consider that his/her rights of honour, of privacy or of one’s image are being affected by any Content published on the Site, he/she may report an abuse or contact the Company through the following e-mail address: abuse@spyearth.com

PRIVACY POLICY

1.- Purpose and responsibility for the automated file

The Company […], located on […] and VAT. no. […], as owner of the Site www.spyearth.com is responsible for the automated files derived from such site (hereinafter, the Data Base), and grants the whole compliance of the duties established by the Organic Law 15/1999, of December the 13th, of Protection of Personal detail, implementing Law 1720/2007, of December the 21st, and other applicable legislation. 

All the personal details submitted by the Users through any of our forms will be incorporated to our Data Base. After submitting the personal detail, the User accepts expressly its automated treatment by the Company.

The compiled personal details will be used only and exclusively for our Company and other societies of the company group, with the only purpose of improving the Services offered. Your e-mail address may be used by the Company for mailing notifications related to the Service. We will not sell, or share with other companies or persons unconnected to our group, the personal detail of our Users.

2.- Compiled personal details

The personal details provided in the User register form are compete name and surname, country and city of residence, and e-mail address. The rest of the data for the profile is optional. The User may complete or modify the details of his/her profile at any time through the Registered User account on the Site.

3.- Rights of access, rectification, cancellation or opposition

The User may exercise at any time his/her rights of access, rectification, cancellation or opposition to the compiled personal details, contacting the Company in writing plus a copy of the ID card and indicating the right one wishes to exercise, to the following address:
E-mail address: [datos@spyearth.com]
Postal address: [datos@spyearth.com]
The personal details gathered on the Registered User profile will be eliminated at the time of cancellation of the account. However, the Contents published by You as User on the Site will remain accessible after cancellation of your account, unless expressly eliminated by yourself.

4.- Details published voluntarily by the User

The User acknowledges and accepts that all the Contents (written comments, images, video, links, etc.) published on the Site will be accessible to any User of the Site and to the Company.

5.- Use of cookies

The Use of the Site may imply the use of cookies, which is data stored on your internet browser with the purpose of facilitate the browsing on the Site, not allowing in any case the identification of the User. None of these cookies allows the access to personal details, nor the personal information or the hard disk of the User. Likewise, we inform that we only utilize tools for monitoring, which compile anonymous data of the use made of the Site.
Notwithstanding the aforementioned, the User may disable the cookies through the appropriate configuration of his/her browser for that purpose.

6.- Changes on the privacy policy

The company reserves the right to modify the present Privacy Policy at any time. Any change or upgrade of the Privacy Policy will be properly published on the Site.
You may consult, any time you wish, the current version of our Privacy Policy, through the following link: […]

GENERAL DISPOSITIONS

1.- Changes on the Terms and Conditions

The Company reserves the right to modify the Terms and Conditions here established at any time, on the whole or partially, and with no need of justification. Any modification will be made accessible through the Site, and will be applicable from the date of publishing. It is the User’s obligation to check periodically the Terms and Conditions, with the aim of being up-to-date of any possible modification.

The Current version of the Terms and Conditions may be checked at the following link: [www.spyearth.com/condicionesdeuso]

2.- Exclusion of guarantees

The company will look after the correct functioning and high quality standards of the Services offered on the Site. However, the guarantees regarding damages produced by the Site will not extend in any case further than expressly recognized on these Terms and Conditions and the guarantees of each User according to the current applicable law.

3.- Responsibility

The Company does not assume any responsibility derived from the functioning of the Site or the Contents published in it, further than what established expressly by the current legislation.
Particularly, by way of mere exposition, the Company does not assume responsibility for:

  • The truthfulness of information contributed by the Users of the Site.
  • Personal opinions of the Users of the Site.
  • Violation of rights of third parties, as a result of published Contents by the Users of the Site. For such a purpose, the Company makes available to the public a notification service (Abuse reporting abuse@spyearth.com) to request the withdrawal of any unlawful Content.
  • The interruption or bad functioning of the Services offered through the Site.
  • The modification or cancellation of the Services offered.

4.- Validity of the Clauses

Shoud any of the hereto clauses result inapplicable or declared void or with no effect by any Court, it will not affect the validity of the rest of the clauses.

5.- Exercise of legal actions

The Company will pursue the failure to comply with these Terms and Conditions and any unlawful use of the Site, keeping the right to exercise the corresponding legal actions.

The User acknowledges and accepts that in the case the Company does not exercise its rights or legal actions regarded by the current law, it does not constitute a formal relinquish of its rights.

6.- Applicable law and jurisdiction

This Site and these Terms and Conditions are ruled under the applicable Spanish legislation.

Both parties agree to submit for as many disputes may arise at interpreting and performing the these Terms and Conditions, as well as those disputes raised from the use of the Services, with express relinquishment to any other legislation that may correspond, to the Courts of the City of Barcelona (Spain), except for questions in which a determined jurisdiction is established by legal requirement.

7.- Identification details

In accordance with article 10 of Law no. 34/2002, of June 11th on Information Society and e-commerce Services, we provide the User with the identification and contact details of the Company provider of the services ruled by these Terms and Conditions:

[…], with address located in […],VAT no. […], inscribed in the Commercial Registry with nº […].

Terms of use - Contacto
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