1. OBJECT AND APPLICATION FIELD

The present General Terms have the aim of inserting advertising, text advertisement, banner and/or link of Advertisers in the space provided in the Web page www.faceanimals.comwhose holder is Faceanimals.

This document is always available in Faceanimals Portal and can be printed and saved by Advertisers from the following link: pdf download.

2. DEFINITIONS

Regardless of other definitions included in the present general terms and in the attached documents, the following words shall have the meaning referred below:

• - Animal: organic being who lives, feels and moves by its own impulse.
• - Advertiser: company or individual who complies with Faceanimals registration process, by means of the specific Advertiser form situated in the Portal, in order to publish advertisements and links.
• - Terms of Use: it refers to the present general terms.
• - Contents: information bound to be included into the Portal
• - Faceanimals: it is the holder of the domain name www.faceanimals.com and the Portal service provider.
• - Web Page: It refers to the computer application which is situated in a website of our own or someone else's terminal, or server, which is monitored by Faceanimals and can also be downloaded in the Advertiser and Users terminal.
• - Portal: It refers to the Web Page situated in a URL held by Faceanimals, which is under control of Faceanimals.
• - Commercial policies: It refers to the principles which shall govern the use of the Portal for Advertisers and Users.
• - Advertising, text ads, banner and/or links: it refers to the content of the advertisement and the hypertext link that give us access to URL where the Advertiser Web page is located.
• - Third party: A natural person or a corporate body unconnected with the present contractual relationship.
• - Services: it refers to the services offered by Faceanimals.
• - User: A natural person or a corporate body who has complied with Faceanimals registration process, by means of the specific Advertiser form situated in the Portal, in order to become beneficiary of the contents and services offered by Faceanimals.
• - URL: it refers to the protocol used in the network for its organization which let us find the Web Page virtually.

3. ADVERTISER'S REGISTRATION ON THE PORTAL

In order to become Advertiser of Faceanimals Portal, it is necessary to fill all the compulsory fields of the registration form:

• Name of the natural person or corporate body, association or organization.
• Tax identification number.
• Address.
• Representative and office.
• Registration data of the Corporation in the corresponding Mercantil Registry.
• Telephone, Fax and e-mail.

Corporations that want to be registered as Advertiser into the Portal shall comply with the following requirements and terms:

• Give true, complete and real information about your identity, reserving to Faceanimals the right to remove your Portal account on the assumption that you add false information about your identity, and remaining Faceanimals exempt from any kind of responsibility.
• Do not replace and/or pass yourself off as anyone else, reserving to Faceanimals the right to remove your Portal account on the assumption that you replace another person, and remaining Faceanimals exempt from any kind of responsibility.
• Keep Faceanimals password safely and confidentially.
• Read and agree with all the General Terms of Contract herein contained.

4. Advertising management on the Portal by Advertisers

Advertisers shall have the right to access and manage electronic advertisements, banners and/or links that want to create on the Portal from any computer, using the application given by Faceanimals into the Portal Directory, and in accordance with special requirements and terms contained in the Rates, which are available to all Portal Advertisers.

Advertisers, using the corresponding application, shall be punctually informed about their advertising campaign state like, for exemple, de number of visits since an specific date.

In addition, Advertisers shall have access into the Portal Directory, where they could see available input of other Advertisers into the Portal.

5. USE AND ADVERTISING RESTRICTIONS

Advertisers are supposed to use the Portal in accordance with its governing law, the present General Terms of Use, good faith, morality and public order. Moreover, in order to use the Portal, Advertisers are required to comply with the following:

• Do not use the Portal for ilegal purposes forbidden by international, national, regional or any other applicable laws.
• In general, do not publish contents which attempt on animal rights.
• Do not publish pornographic and sexual material of explicit nature or soft of any kind.
• Do not promote or allow ilicit animal smuggling and even torture or mistreat to animals.
• Do not use the Portal to send non-requested or massively sent spam to other Users of the Portal.
• Do not use the Portal to issue obscene, offensive, violent, humiliating, xenophobic or racist statements which incite any kind of mistreat or violence to people and animals.
• Do not introduce or spread computer viruses into the Portal, or any other kind of systems which can damage the physical and logical systems of Faceanimals and Users.
• Do not publish material which incite, promote or justify, directly or indirectly, violence, consumption of ilegal drugs, suicide and any other kind of action or omission which atempts on human dignity, or could damage your physic and psychic integrity.
• Do not incite to discrimination and/or racism, or promote it by ideologies, trends or any kind of organizations.

6. GENERAL PRINCIPLES

6.1 Faceanimals Obligation of resources

Faceanimals shall asign the resources that, in his opinion, are necessary to correctly include the advertising, text ads, banner and/or links, without being construed as an obligation of results. Users choice of the web page as a web browsing destination among the other Portal options shall not be supposed to depend on the action, omission, wish and participation of Faceanimals, being a free, spontaneous and self-reliant decision of the Users. Because of that, Faceanimals neither guarantee to Advertisers their systematic election by Users as a web browsing destination through the Internet, nor expect a benefit and/or result derived from it.

6.2 Advertising, text ads, banner and/or link Control

Faceanimals reserves all rights in relation to the design, organization, modification and/or similar of advertising, text ads, banner and/or link on the Portal, even for technical, commercial and/or legal purposals.

6.3 Interruption of advertising, text ads, banner and/or link

In case Faceanimals has evidence or well-founded suspician of the existance of adverse effects affecting all the services offered through the Portal to Users and Third Parties and related to the advertising, text ads, banner and/or link, it could be possible to suspend these advertising by informing Advertisers about the problem and the causes of that decision, and reestablishing the Advertising, text ads, banner and/or link performance when the causes that provoke such interruption stop.

6.4 Cancellation of advertising, text ads, banner and/or link

Advertising, text ads, banner and/or link cancellation shall be announced in writting to Faceanimals for a minimum of 5 working days before its publication. On the contrary, Advertisers shall pay the 50% of the cancelled campaign.

On the assumption that Faceanimals cancels advertising, text ads, banner and/or link due to an Advertiser's breach on the General Terms, Advertiser shall not have a restitution of the entire cost.

7. ECONOMIC CONDITIONS

7.1 Rates

Advertising, text ads, banner and/or link prices shall always be the price determined by Faceanimals in accordance with its Commercial Policies, and it shall be published on Faceanimals Portal in the so-called “Rates” link.

Rates shall be automatically applied since its publication on the Portal. However, the price agreed previously by Advertisers shall be respected during the specific duration of the undertaken advertising, text ads, banner and/or link.

In case Advertisers do not accept the new economic conditions after 30 days, Faceanimals shall get the right to cancel advertising, text ads, banner and/or link from the moment that Advertisers have shown its oposition and until they agree with Faceanimals. If the parties do not agree after 30 days from the day of the cancellation, Faceaniamls shall have the right to cancel the Order and the Advertisers application permanently, without having the Client the right of being indemnified under no circumstances.

7.2 Payment

Payment for undertaken advertising, text ads, banner and/or link shall be done before the advertising, text ads, banner and/or link presentation into the Portal. The lack of payment by Advertisers subject to the terms and conditions of the present terms of use shall give Faceanimals the right to cancel the advertising.

7.3 Default rates

All delay which does not comply with payment obligations of Advertisers to Faceanimals shall accrue the equivalent to legal interest of money, being increased by TWO (2) POINTS.

8. MATERIAL

Material delivered by Advertisers to Faceanimals in order to enter into the Portal, shall comply with the specific techniques and sizes indicated by Faceanimals on its Rates.

Faceanimals does not claim responsibility for any possible damage of either delivered material by Advertisers or its return.

9. RESPONSABILITIES

• Advertiser agrees that the highest responsibility of Faceanimals in front of Advertisers derived from the present Terms when advertising, text ads, banner and/or links are not entered into the Portal or when insertion is not done by following the manner, dates and the other Terms, even for technical purposes or any other kind or cause, shall be limited to only reenter advertising material, text ads, banner and/or link, and if it could not be possible, to the refund of the proporcional entire service price by Advertiser.
• Faceanimals shall never answer neither for effective, indirect or other types of damage, nor for lost profits that could suffer the Advertiser due to a lack of inclusion of advertising, text ads, banner and/or links to the Portal or due to faults on the insertion of advertising material, text ads, banner and/or links in accordance with the present Conditions.
• Faceanimals does not claim responsibility either for the lack of insertion of publication, text ads, banner and/or links or for the delays as a result of circumstances that are out of control, just including without limitation, governmental action, fire, flood, uprising , earthquake, mechanical failure, riot, explosion, seizure of property, legal or ilegal strike, shortage of staff or material, any kind of transport interruption, work delay, or any other circumstancies out of control of Faceanimals that affects the service.
• Faceanimals tries its best to mantain the ideal level of Portal quality and uses all its means to solve the faults that could arise. However, due to the service nature, Faceanimals could not guarantee the reliability, availability or continuity of the Portal performance. Therefore, it shall exclude any responsibility for damages and/or detriments of all natures.
• Faceanimals only provides to Advertisers figures and estimations of Users' visits as a courteous gesture, but without assuming any responsibility under no circumstancies.
• Advertisers claim responsibility and guarantee that they have the right to publish the advertising, banner and or/ link contents, without involving a breach on Third parties rights, including industrial and intellectual property rights. In addition, Advertisers admit that they have obtained all the private and/or public authorizations and have paid for all the industrial and intellectual property rights which are contained in the advertising material. Advertisers know that Faceanimals has accepted to include the advertising material, text ads, banner and/or link of the Advertiser on the basis of the preceding manifestation.
• Advertisers claim responsibility and guarantee that advertising material and its contents, which Users could see and have access through the advertisement, banner and/or link, comply with the present legislation about advertising, including the one made by electronic resources and online, and also other applicable legislations specially those related to telecommunications, consumers and users protection, honour rights, privacy and own image, childcare. In addition, they also undertake that contents of the related pages, including without limitation, shall not constitute a crime; shall not incite or promote criminal actions or actions against the Law, morality or public order, neiher giving access to services that perpetrate it; shall not involve violent, pornographic, racist or discrimination contents; and shall not infringe the industrial and intellectual property legislation and the communication secret.
• Advertiser agrees to be the only responsible, either for the purposes of the present terms or in front of third parties, for advertising material, text ads, banner and/or link contents, including without limitation, images, multimedia, text and information.

Advertiser shall indemnify Faceanimals immediately for all the costs, damages and losts (including lawyer and solicitor fees, even if their intervention is not prescriptive) that Faceanimals carry out as a consequence of any effective or imminent claim related to the publication, text ads, banner and/or link or communication to the advertisement public or its content, including those based on the violation of industrial and intellectual property rights, on the lack of payment for authors, interprets, and other holders of intellectual property rights and/or the corresponding copyright, libel, defamation, breach of confidentiality duties, disclosure of secrets, breach of legal and statutory duties, ilicit, false and deceitful advertising, breach of uses in sale derived from the advertisement, banner and/or link and/or any Advertiser material that Users could have access through advertising material, text ads, banner and/or link.

10. INDUSTRIAL AND INTELLECTUAL PROPERTY

Without detriment of legal and/or contract obligations, both Parties recognize entire and exclusive property over all denominations, commercial names, courses and, in general, over its logotypes or distinguishing signs, and even other industrial and intellectual rights of each Part whose use on the basis of this Contract shall not mean or cause a transmition of property or even grant property rights over them.

11. PERSONAL DATA PROTECTION

11.1 Advertisers registration

In order to become Advertiser on the Portal, Faceanimals needs your personal details and, therefore, an express authorization to use the Corporation's personal details by means of some specific purposes.

Personal details given by the Advertiser to Faceanimals shall be included in Advertiser's comupter file which is property of Faceanimals, whose corporate details are indicated in the 15th term.

Advertisers could exercise their access, correction, modification, cancellation or opposition, by writting and signing an application addressed to our office (whose details are in 15th term of the present document) or sending it by e-mail to advertisers@faceanimals.com.

11.2 Confidentiality

Faceanimals undertakes to comply with Data protection law governing the Spanish country and, because of that, data obtained by Advertisers shall be confidentially and secretly saved. Therefore, it is necessary to take measures to avoid its change, lost, processing or unauthorized access, in accordance with the state of technology.

In addition, and without detriment of their legal and/or contract obligations, the Parties assume to each other a obligation of confidenciality about information that shall be considered as confidencial (Confidencial informaction) during a two-year period since the contractual relationship between the Parties terminates. Information that belonged to the public domain, (i) before the contractual relationship between the parties or (ii) because of some causes non-attributable to the part who received such information, is excluded of that condition.

12. ADVERTISER'S DISCHARGE OF HIS ACCESS TO THE PORTAL

Advertiser could unilaterally cancel his registration of Faceanimals at all times from the moment of registration, for which shall clearly and unmistakably communicate his petition to the following e-mail advertisers@faceanimals.com.

Cancellation of Faceanimals Advertiser account shall have effectiveness as soon as possible since Faceanimals receive the communication from the Advertiser.

However, Faceanimals could cancel, without prior advice, an Advertiser account in case he breach any of the terms of use established in the present general terms.

13. ASSIGNMENT

It is not necessary to give a consent for the assignment, by Faceanimals to any other related company from its group or any of its subsidiary, in order to comply, totally or partially, with the present Terms.

14. PARTIAL NULLITY

Statement of any present Terms of Use as null, invalid or ineffective shall not affect the validity or effectiveness of the remainder terms.

15. FACEANIMALS CORPORATE INFORMATION

Faceanimals is a limited company, whose corporate name is Casto, Jorda y del Castillo, Ltc., its registered office is located at Calle Eucaliptus, 14, Vilassar de Dalt (Barcelona) and its e-mail is admin@faceanimals.com. It has been properly enrolled in the Mercantile Registry Office of Barcelona in Volume 41190, Folio 100, Page B 382198, Inscription 1st, C.I.F. number B-65092322. All the references to Faceanimals in the present general terms would refer to the corporation Casto, Jorda y del Castillo, Ltc.

16. LANGUAGE

The current version of the present General Terms of Contract is in Spanish and it shall prevail in case of contradiction among other languages that the present General Terms of Contract have been translated.

17. GOVERNING LAW

These Terms of Use in legal relation with Faceanimals are governed, construed and enforced in accordance with Spanish legislation.

Advertiser and Faceanimals, with express waiver to other jurisdictions, agree to submit themselves under jurisdiction of courts and tribunals of Barcelona (Spain) in order to resolve any kinf of conflict.