LEGAL NOTICE AND GENERAL CONDITIONS OF USE
These general conditions of use and legal information (hereinafter, the "General Conditions") regulate access and use of the NextLives website, the service created or any of the applications, including mobile applications (hereinafter, the "Platforms"), as well as their contents, which are managed and owned by the commercial company "RED SOCIAL LIDERALIA SL" (hereinafter, "RSL").
The General Conditions will apply without prejudice to those other conditions particulars that, where appropriate, are accepted on any of the pages of the Platforms.
By accessing and using any of the Platforms you accept, without any type of reservation, the content of these "General Conditions", as well as the "Privacy and Cookies Policy". Consequently, you must read them carefully before accessing and using any service on the Platforms under your sole control. responsibility.
In compliance with article 10 of Law 34/2002, of July 11, on Health Services Information Society and Electronic Commerce, and article 97 of the Royal Decree Legislative 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other laws complementary, the identifying data of the owner of the Platforms:
Owner: RED SOCIAL LIDERALIA, S.L.
Registered office: Ctra. Antiga d`Amer, 10-12 2º A1 17007 Girona (Spain).< br />Email: [email protected]
Registration: Commercial Registry of Girona, Volume 3,226, Folio 183 , Section 8, Sheet GI-57.646, Entry 7.
Access and use of the Platforms imply knowledge and acceptance of the following General Conditions:
1. General Conditions of Use of the Platforms
Any person may access and visit the Platforms and proceed to download any RSL mobile application. Access is free. They will acquire the status of Users of the Platforms are those who have a user profile.
The creation of the User Profile in Nextlives can be done performed under three regimes:
- Administrative Users: these will be those users who administer a Website Commemorative "in memoriam"
- Guest Users: these will be those users who have been invited by the administrator user to participate in the "in memoriam" Commemorative Website created.
- Visiting Users: those users who voluntarily decide to create a user profile on the Platforms without having the status of administrator user or guest user.
Administrator users, guest users and visiting users may be referred to jointly as the "Platform Users" or individually as "Platform User".
Use and access to the Platforms is free.
Consequently, the administrator user must read each of them carefully before of access and use of any service of the Platforms under your sole control. responsibility. If these General Conditions are not accepted, the Website Commemorative "in memoriam" will not be activated and will not be visible or accessible in the Platforms.
RSL authorizes the administrator user to view, download and print the contents of the Platforms, always under the following conditions: (i) that they respond to personal and non-commercial use, (ii) that are not used for illegal purposes or unauthorized, (iii) that does not intend to infringe industrial property rights and intellectual property or the rules of protection of personal data, (iv) that does not intend remove or modify any mention or notification regarding the ownership of the copyright, trademarks, or any other provision on intellectual property, (v) that is not intended to reproduce, create derivative works, communicate to the public, make available provision, distribute or display the content of the Platforms, except as expressly permitted.
The Platforms may contain third-party content, which is not controlled or endorsed. The functionality in the Platforms services may also allow interactions between the Platforms and a third-party website or feature, including applications that connect the Platforms or the profile thereon as a website or a feature of third parties. RSL does not control any of these third party web services, nor any of its contents.
It is not permitted by any of the users of the platforms to host, store, publish, distribute or share any content that may constitute a illegitimate interference or violation of fundamental rights, the protection of personal data, or information or material that is illegal, racist, sexist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, or any way contrary to morality and public order. Likewise, tracking is prohibited, caching or accessing any content on the Platforms or through by automated means, including without limitation, user profiles of the Platforms, photos and their content.
The reproduction, distribution, transmission, adaptation or modification, publication, exhibition, communication, transformation of the content of the Platforms (texts, designs, information, databases, etc.), and other elements of the Platforms, without the prior written authorization of RSL.
2. Access and Registration
The user of the Platforms guarantees that he or she is at least fourteen (14) years old (or the minimum legal age in your country to use the Platforms) and that all data about its identity and legitimacy, and the rest of the data provided to RSL in the registration form of any of the Platforms and for the creation of the user profile and, where applicable, of the Commemorative Website "in memoriam", are true, accurate and complete, committing to keep said data updated. In the event that RSL consider that there are well-founded reasons to doubt the truthfulness, accuracy, obtaining and integrity thereof, may deny access and uses present or future of the Platforms or any of their contents, proceeding where appropriate to delete said content.
Each user of the Platforms will have a user profile, where they can incorporate and add your personal data that you consider, for registration as User must provide his name and her telephone number. The access data, whether The telephone number provided, or username, are strictly personal. personal, non-transferable and confidential, so the user undertakes not to disclose them or make them accessible to third parties. The user will be solely responsible for case such data are used by third parties, including the contents and statements expressed in his user profile and on the Commemorative Websites "in memoriam", or any other action carried out through the use of your profile, because RSL cannot guarantee the identity of the users of the Registered platforms, the user being solely responsible for them.
3. Information and content published by the user
About the publication of content by other users of the Platforms on the Websites Commemorative "in memoriam" events not created or administered by them, will depend on any case of the privacy set by the user administrator who manages the Commemorative Website "in memoriam".
In relation to the text messages (condolences) published by users of the Platforms, accept that they may be published on the public web pages of NextLives, on the "in memoriam" Commemorative Website and on the company website funeral home, showing the text message (condolence), indicating the name of the author and the first initial of the last name, as well as the name of the person on the Website Commemorative "in memoriam" and the first initial of the surname.
The user of the Platforms, in relation to the content published in their profile user and, where applicable, on the "in memoriam" Commemorative Websites administered, guarantees in any case that:
- You are the owner or holder of the rights that allow you to grant RSL the license indicated above and that, where applicable, has obtained from third parties the consent necessary for this.
- Does not violate any law related to the right to privacy, image and/or honor, intellectual or industrial property rights, nor any right of a third party, whether be a natural person or a legal entity.
- In case of publishing personal data of friends, family or other people, they have been duly informed and their consent has been previously obtained. consent to the publication of said data, or, where applicable, has the sufficient authorization for the publication of said data.
The user of the Platforms is solely responsible for the content and information published through his user profile and on the "in memoriam" Commemorative Websites to manage.
So you will be responsible for the veracity of what was previously stated and guaranteed, being the sole person responsible for any infraction, violation of rights, claim, compensation or any action derived from this fact, holding harmless and free of liability to RSL against any demand or claim presented by a third party in relation to the above statements and in relation to any right legitimate about the content you have published on the Platforms.
The end user/s who act as administrator or administrators of the Web Commemorative "in memoriam" may modify certain data that appears in the same at the time of its creation, such as the name and surname, date of birth and death, with the exception of the details of the ceremony, which cannot be modified by him/her.
4. Obligations of users of the Platforms
The user of the Platforms is completely responsible for access and correct use of your user profile and, where applicable, of the "in memoriam" Commemorative Websites that manage The use of the password is personal and non-transferable, and transfer is not permitted, nor even temporarily, to third parties. In this sense, the user of the Platforms must adopt the necessary measures for the custody of the password by the selected one, avoiding its use by third parties. The user of the Platforms is obliged to put immediately to the knowledge of RSL, the theft, disclosure or loss of your username and password, communicating it to the following email address email: [email protected].
The user of the Platforms is responsible for having the services and equipment necessary for Internet browsing, to access the Platforms. In case of any incident or difficulty in accessing the Platforms or any of their contents, you may inform the email: [email protected], which will proceed to analyze the incident and give instructions to the user of the Platforms about how resolve it, in the shortest possible time.
The user of the Platforms is responsible for all information, content, images, videos, text, links and any content published on the Platforms through your user profile, the content published in your user profile and the published on the Commemorative Websites "in memoriam" that participates and, where appropriate, that you administer, so you must refrain from any publication that involves legal violation, with special reference to the regulations relating to the right to privacy, image, honor, intellectual or industrial property of the people to whom the publications refer. You are responsible for any activity that occurs through of your user profile and, where applicable, on any of the "in memoriam" Commemorative Websites that manages In any case, the user of the Platforms will be solely responsible for the contents, activities, publications and false or false information and statements inaccurate information that has been published, and the damages that these contents may cause to third parties.
Users of the Platforms will refrain from using the Platforms for purposes or illicit effects and that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Platforms, their content and its services. Likewise, users of the Platforms are prohibited from reproduction, distribution, transmission or adaptation or modification, by any means and in any form, of the contents of the Platforms (texts, designs, information, databases, sound and/or image files, logos, etc.) and others elements thereof, except with prior authorization from their legitimate owners.
In general, the user of the Platforms undertakes, by way of example and not limitation, not to carry out the actions and conduct set out below:
- Use the Platforms and other applications for illegal or illegal purposes authorized;
- Use mechanisms, software or scripts in relation to the use of the Platforms;
- Lock, overwrite, modify or copy, unless this is necessary for the correct use of the services of the Platforms;
- Carry out advertising actions for goods or services, disseminate and reproduce publicly contents of the Platforms or other users, without prior consent and prior authorization. Not to publish commercial communications authorized;
- Host, store, disclose, publish, distribute or share any content that may involve an illegitimate interference or violation in any form of the fundamental rights to honor, image and personal and family privacy of third parties and, especially, minors;
- Host, store, disclose, publish, distribute or share images or photographs that collect images or personal data of third parties without having obtained the timely consent of its owners. Not to use copyrights, trademarks registered, without express and written consent;
- Host, store, disclose, publish, distribute or share any material or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
- Alter, modify, totally or partially the Platforms, circumventing, deactivating or manipulating in any other way the functions or services of the Platforms;
- Infringing industrial and intellectual property rights or regulatory standards of the protection of personal data;
- Use the Platforms to insult, defame, intimidate, violate one's own image or harass other users of the Platforms;
- Access the email accounts of other users of the Platforms;
- Introduce computer viruses, defective files, or any other program computer that may cause damage or alterations to the contents or systems from third parties;
Any user of the Platforms who considers that another user of the Platforms is breaching these General Conditions, any of the obligations established therein, or that is committing any abuse or violation of rights and applicable regulations, you must communicate this fact to RSL, through the following email: [email protected]. RSL will verify the reported facts, as soon as possible, and will adopt the measures it deems appropriate.
5. Cancellation of account and profiles
In relation to the content or information published on NextLives by invited users o Visitors who have canceled their user account will remain published in the Platforms without the user who published said content being able to be identified. He user of the Platforms expressly accepts this condition.
For the removal of a Commemorative Website "in memoriam" from the Platforms, the administrator user who manages the "in memoriam" Commemorative Website may delete it using the delete Commemorative Web option, which is found when editing the data of the deceased person on the "in memoriam" Memorial Website. In the event that a Commemorative Website "in memoriam" is managed by more than one administrator user, it can only be deleted by the first administrator user of the aforementioned Commemorative Website "in memoriam".
6. Exclusion of guarantees and liability
The user of the Platforms is completely responsible for the information, content, opinions and other content that she publishes or transmits on the Platforms and/or in their services, so you consciously and voluntarily accept that The use of the Platforms is under its sole and exclusive responsibility. You must refrain from any publication that involves legal violation, with special reference to regulations relating to the right to privacy, image, honor, property intellectual or industrial of the people to whom the publications refer, so she must be responsible for any loss, damage or compensation caused to RSL and to third parties, and undertakes to hold harmless, exonerating RSL and any third party of any liability towards any person or third party, for any damage, damage or liability arising from use of the Platforms that involves a failure to comply with established obligations or the performance of prohibited conduct, not in accordance with these General Conditions.
RSL will not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, nor due to interruptions of the network or for any other reason beyond the control of RSL. Consequently, it is excluded To the maximum extent permitted by applicable law, any liability for damages of any nature that may be due to the lack of availability or continuity of operation of the Platforms and services enabled in them, as well as errors in accessing the links different web pages.
Likewise, RSL is not responsible for any security errors that may occur. produce or the damage that may be caused to the computer system of the user of the Platforms (hardware and software), to the files or documents stored in the same, as a consequence of the presence of a virus in the computer system or mobile terminal of the user of the Platforms that is used for connection to the services and content of the Platforms; a malfunction of the browser, use of non-updated versions of it.
7. Links, "links" to third party pages
The Platforms include within their content links to websites belonging to and/or managed by third parties.
The linked sites are not under the control and responsibility of RSL, so it is not responsible for the contents displayed in said links, for the practices used by websites or services linked to or from the Platforms, including the information or content inside. RSL assumes no responsibility derived from the existence of links between the contents of the Platforms and content located outside or any other mention of content external to the themselves.
These links or mentions are for informational purposes only, and in no way case, imply acceptance, approval, support, commercialization, sponsorship, or relationship between RSL and the persons or entities authoring and/or managing such content or owners of the sites where they are located, so RSL cannot ensure full satisfaction with the products, services or business practices of these third parties people.
Browsing and interaction by the user of the Platforms on any site third party website or service, including those that have a link on the Platforms, are subject to the rules and policies of that third party, so RSL is not responsible nor does it carry out any control over any third party that is authorized by the user of the Platforms to access their content, being exclusively under the responsibility and risk of the user.
8. Intellectual and industrial property rights
RSL is the owner of all intellectual and industrial property rights included in the Platforms, as well as the content accessible through them, all their texts, images, brands, logos, designs, information, and other contents are property of RSL, who is responsible for the exclusive exercise of exploitation rights, without limitation and in any form, and especially, the rights of reproduction, distribution, public communication and transformation, in accordance with the legislation Spanish intellectual and industrial property rights.
Authorization to the user of the Platforms to access them does not imply waiver, transmission, license or total or partial transfer of property rights intellectual or industrial by RSL, no mention and no content in these Platforms may be interpreted as the concession or granting, either by implication, occupation, derivation, assignment or otherwise, of a license or right over registered trademarks, except with prior written authorization of the owner of the registered trademarks.
Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any exploitation of all or part of the content of the Platforms ownership of RSL, carried out in any form or by any means, electronic, mechanical or other, is strictly prohibited, unless prior written authorization of their holders. Any infringement of these rights may give rise to extrajudicial or judicial procedures, civil or criminal, that may apply.
Without prejudice to the foregoing, RSL has a non-exclusive, royalty-free license copyright, applicable indefinitely and globally, to publish and use any content published and uploaded by users to the Platforms, in any medium digital, audiovisual or printed.
10. Applicable law and competent jurisdiction
These Legal Conditions and the rest of the conditions of the Platforms are will be governed by Spanish legislation. For any questions that may arise or actions that may be taken arising from the provision of services and content of the Platforms, and on the interpretation, application, compliance or non-compliance with what is established herein, the competent authorities will be courts of the domicile of the user of the Platform, as long as this is consumer, in application of Royal Legislative Decree 1/2007, of November 16, by the that the Consolidated Text of the General Law for the Defense of Human Rights is approved Consumers and users and other complementary laws. Otherwise, they will be competent courts of the city of Girona.
11. Update and modification of the Platforms
RSL reserves the right to modify, add or delete, at any time, without prior notice and unilaterally, these General Conditions, either partially or in its entirety, if they consider it necessary, either for legal reasons, regulations general or technical reasons, or due to changes in the services provided or in the nature or arrangement of the Platforms.
RSL will inform of the changes made within a reasonable period of time, at any time. case, acceptance of the General Conditions will be a prior and indispensable step for access to the services and content of the Platforms. Access and use continued use of the Platforms, from the notification of modifications introduced, will imply express acceptance of the General Conditions, including the possible changes made.
RSL reserves the right to change, suspend, or terminate at any time any aspect of the Platforms service, including the availability of any feature, facility, database or content. You may also impose limits to certain facilities and services or restrict access to certain Users or to all users of the Platforms to them, without the need to notify it previously, and without incurring any responsibility, either for technical or operational reasons. security, to prevent or avoid unauthorized access, loss or destruction of data, or when it is considered that the General Conditions have been breached or any applicable law or regulation, and when RSL decides to suspend the provision of its service.
RSL does not guarantee the absence of errors in access to the Platforms or in their content, nor that it is always updated, however, all tasks aimed at correcting errors, reestablishing communication and update the contents, as soon as there is news of errors, disconnections or lack of updating the contents.
In the event that any part or clause of these General Conditions is declared null or void, the clause thus declared will be replaced by the one that is valid and that comes closest to the intentions of the original clause, preserving the remaining validity and validity.
RSL may assign, transmit, subcontract or delegate rights, obligations or duties under these General Conditions.