User's general terms of use

1. OBJECT AND APPLICATION FIELD

Please, read carefully the following Terms of Use that involve the general regulation of services and contents offered by Faceanimals, through the domain name www.faceanimals.com (hereinafter referred to as the Portal), which constitutes the legal framework that develops the contractual relationship with Users.

This document is always available in Faceanimals Portal and can be printed and saved by Users 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 and expressions 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
  • - Links: it refers to the hypertext link located at the Portal that allows the access to the Advertiser Web Page.
  • - 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.
  • - Services: it refers to the services offered by Faceanimals.
  • - 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. USER'S REGISTRATION ON THE PORTAL

In order to become User of services and contents offered by Faceanimals, it is necessary to fill all the compulsory fields of the Portal registration form and also to fulfill the following requirements and terms:

  • Not to be under-14s. If you are under-14s and want to be Faceanimals User, it shall be necessary the parents or legal tutor's express consent, who shall send the authorisation to Faceanimals by the following fax, email account or mailing adress: faceanimals.
  • If Faceanimals thinks that you are under-14s and has not received any authorisation by your parents or legal tutor, Faceanimals shall remove your Portal account, without assuming any infringement, and remaining Faceanimals exempt from any kind of responsibility.
  • Give true, complete and real information about your identity, reserving Faceanimals 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 Faceanimal 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.
  • Do not share, disclose and transfer your password to anyone else.
  • Do not share, disclose and transfer your password to anyone else.

4. USE AND RESTRICTIONS

When you have just registered as Faceanimals user, by means of the corresponding registration form, you could access to the services and contents offered by Faceanimals and you must use it in accordance with its governing law, the present General Terms of Use, good faith, morality and public order.

In order to use de Portal services and contents, you 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.
  • Do not publish, divulge or reveal information or Contents which are not true or real.
  • 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.
  • In general, do not publish contents which attempt on animal rights.
  • Do not distribute, divulge, copy, reproduce and share, into or out of Faceanimals network, contents which have been published by other Faceanimals users.
  • Do not use the Portal to send non-requested or massively sent spam to other Users of the Portal.
  • Do not use thee Portal to communicate or divulge commercial advertising of any kind. On the assumption that you want to make commercial advertising, you shall be registered in the directory as Faceanimals Advertiser and shall agree with the specific general terms for Advertisers.
  • Do not use the contents published by users and/or third parties in the Portal with commercial purposes, directly or indirectly, unless you have express and prior authorization of FACEANIMALS or the owner of such contents.
  • Do not reproduce, distribute, transmit, adapt or modify, partially or totally, the contents of the Portal (texts, photos, sounds, designs, graphs, videos, and so on) and Faceanimals services, unless you have prior authorization of the legitimate holder or unless the law authorizes it.
  • 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 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.

Faceanimals reserves its right to delete the contents that breach the obligations set forth herein and, when they find it convenient, to cancel and discharge user's account, and to denounce it to the law enforcement authorities on the assumption that the user's breach could involve the perpetration of crime.

5. INTELLECTUAL PROPERTY

5.1 Contents published by you

You declare and guarantee that the contents that you publish and/or distribute into the Portal are from your ownership and/or third parties from who you have got their authorization or license.

You shall be the responsible for your own publications into the Portal and shall assume the consecuences of such publication, exempting Faceanimals from any kind of responsibility.

5.2 Contents published by other Users and Third Parties

All Users are free to publish and distribute contents that fulfill the terms and conditions set forth in the present Terms of Use. However, you shall understand that other Users and Adveritsers can publish Contents of which Faceanimals does not know if Users are legitimate owners or have the owner authorization. Because of that, Faceanimals does not guarantee the legality, veracity, validity, property or quality of contents information.

5.3 Required obligations to use the domain name, services and contents herein contained

Faceanimals Portal, Services and Contents are intellectual property of Faceanimals, Advertisers and Third Parties of which Faceanimals has got their authorization or license. The brand Faceanimals and the domain name www.faceanimals.comare included into the intellectual property rights of the Portal, and its protection has been requested before competent authorities and, therefore, are protected in accordance with community and international Spanish legislation related to author's rights.

5.4 Notification of Intellectual Property Rights infringement

Faceanimals reserve the right (obligation) to revise all the contents published by Users and Advertisers and, when they find it convenient, to remove those contents which damage intellectual property rights. Because of that, if you think that any kind of content damage an intellectual property right, contact with Faceanimals and inform them about the infringement, giving the following information:

  • Accuser's personal details: Name, Surname, contact telephone number, mailing address and e-mail.
  • A copy of your ID, Passport or another similar document that identifies you.
  • Content or act description that impinge intelectual property law, and any other considered information to correctly indentify the alleged infringement.
  • Author of the content and/or act which have been object of infringement.
  • Description and location of the impinged content or act so that Faceanimals could locate it.
  • Accuser declaration, under his responibility, in which is exposed that intellectual property rights of the owner or licensee are being impinged.

Complaints could be sent to: complains@faceanimals.com.

5.5 Rights granted by Users to Faceanimals

User's publication of any kind of content into the portal, needs an authorization and/or concession:

  • In favor of Faceanimals of a non-exclusive, worldwide and transferable license, without royalties and fees and with the possibility of being sublicensed in order to use any kind of content you publish into the Portal. The present authorization shall terminate when you remove the content or Faceanimal account.
  • In favor of the Users of a non-exclusive worldwide license, without royalties or fees on any kind of content you publish into the Portal. The present authorization shall terminate when you remove the content or Faceanimals account. However, Faceanimals does not claim responsiblility for the content you have just published and that other Users and third parties have had access and have not deleted. We advise Users that they shall read Faceanimals Privacy Policy.

5.6 Rights granted by Faceanimals to Users

Faceanimals grant Users with a limited, revocable and non-sublicensed license to use the service.

It is not allowed to carry out, totally or parcially, any kind of distribution, communication, reproduction and exploitation of the Portal Service and Contents, which does not have an express authorization of Faceanimals.

In case you breach the obligations set forth herein, Faceanimals claims responsibility for cancelling your account, without detriment of other legal measure that could derive from the infringement.

6. PERSONAL DATA PROTECTION

6.1 User's registration

In order to become User, Faceanimals needs your personal details and, therefore, an express authorization to use it by means of some specific purposes. Personal details given to Faceanimals shall be included in User's comupter file which is property of Faceanimals, whose corporate details are indicated in the 15th term.

Users could exercise their right to access, correct, modificate, cancel or oppose, 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 faceanimals.

6.2 Cookies

The Portal uses Cookies. Cookies are small data files that are created in Users' computer or mobile phone and let Faceanimals and Advertisers know some or all of the following details:

  • User's encrypted IP number in Faceanimals database.
  • User's account and password.
  • Date and time of the last visit to the Portal.
  • Publication's language by default.

User has the option to avoid the creation of cookies by selecting the corresponding option on his browser.

6.3 Confidentiality and privacy

Faceanimals undertakes to comply with Data protection law governing the Spanish country and, because of that, data obtained by Users 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.

7. LINKS

Faceanimals could include hypertext links, hyperlinks, banners or links to other Web pages or Internet adresses that shall not be property of Faceanimals.

Faceanimals does not control the Advertisers or Third parties' Web pages because those are governed by their own Terms of Use. Therefore, you must accept that Faceanimals are not responsible for its availability, content, advertising, products, services or, in short, its access.

8. ADVERTISING

Users could insert into the Portal, in the so-called Directory section, small free advertisements and, if its required, a photo.

The object of such free advertisements shall be about the animal world, related to (just including without limitation) the purchase, sale, adoptions (rewarded or not), secondhand accessories, etcetera.

It is absolutely prohibited User's advertising with commercial purposes. However, in case the User wants to advertise with commercial purposes, then, he shall be registered as a Portal Advertiser, filling the corresponding form and accepting the General Terms of Contract, properly established for Advertisers.

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

9. EXCLUSION AND LIMITATION OF FACEANIMALS RESPONSIBILITIES AND WARRANTS

Faceanimals does not guarantee and is not responsible in front of Users:

  • For improper use of the password to enter into the Portal.
  • For the lack of availability, interruption, accessibility or wrong performance of the Portal.
  • That Services and Contents could be updated, correct and reliable all the time.
  • For damage on computer systems and introduction of viruses.
  • For changes that Faceanimals introduces on its Services.

10. RIGHTS GRANTED BY YOU TO FACEANIMALS

In order to comply with the Terms of Use set forth herein, Faceanimals reserves its right:

  • To delete massively sent messages by the User in order to mantain a normal quality when using the Portal Services and Contents.
  • To delete the advertising made by the User with commercial purposes.
  • To delete any kind of Content published by the User which infrige 4th and 5th Terms of the present Terms of Use.
  • If its convenient, to cancel User's account due to the breach of obligations exposed in 4th and 5th Terms of the present Terms of Use.

11. USER'S DISCHARGE OF HIS ACCES TO THE PORTAL

User 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: subscriptons@faceanimals.com.

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

However, Faceanimals could cancel, without prior advice, a User account in case he infringe any of the terms of use established in the present general terms.

12. FACEANIMALS MOBILE SERVICE

Faceanimals offers his services through mobile phone for free. However, you shall realize that your telephone operator shall apply its own rates.

Faceanimals does not claim responsibility for access, use and service performance of the Portal through your mobile phone.

13. MODIFICATIONS

Faceanimals reserves its right, and User accept, to modify the Terms of Use and its Privacy and Data Protection Policy at any time.

When the Terms of Use and/or the Privacy and Data Protection Policy are modified, Users shall be informed through the publication of the new copy in the Portal and it shall become effective a month after that publication.

If you use Faceanimals Services after that period of publication of new Terms of Use and/or Privacy and Data Protection Policy, it means that you have accepted the modification.

14. 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.

15. NULIDAD PARCIAL

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

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.

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

If you live out of Spain and on the basis of national legislation or Conflict of Law regulation, Spanish legislation would not be applicable and you must understand that you are not the recipient of Faceanimals services and Contents.



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