Legal Notice

LEGAL NOTICE

Any access http://mystreetbook.es/ (“Platform”) implies the acceptance of the terms and conditions stated herein. The observance and compliance with the obligations provided shall be enforceable to any person accessing to, browsing through or utilising the Platform.

• COMPANY INFORMATION
• Owner: MYSTREETBOOK TECHNOLOGY FOR EMOTIVE ENVIRONMENTS, S.L. (hereinafter, “Owner”)
• Registered office: C/ Naranjo, 8 de 04620 de Vera (Almería) – España.
• I.F.: B04847513
• Datos de registro: Tomo 1820; folio 158; Hoja número: AL-46802; Inscripción: 1. Documento: 1/2016/6.190,0; DFecha: 30/11/2016; Asiento 65/5240.
• E-mail: msb@mystreetbook.es

• SUBJECT

The current terms and conditions regulate the access, browse and utilisation of the Platform regardless of QONSIUS having the right to modify the presentation, configuration and contents of such Platform, as well as the conditions required for the access and/or utilisation. The mere access or utilisation of the Platform once such modifications have been implemented implies user consent of those amendments or modifications.

Nevertheless, access to some specific contents and services might be subject to particular conditions that will be clearly appointed and must be expressly accepted by users. These particular conditions may substitute, complement or, where applicable, modify the present Legal Notice.

For the purpose of this Legal Notice, any person accepting this Legal Notice along with the Privacy Policy shall automatically become a user of the Platform (“User” or >“Users”).

1. ACCESS AND ENROLLMENT

Registration shall only be necessary for some functionalities which entail that the User has fully accepted and shall comply with this Legal Notice, as well as with any other instruction or recommendation that he or she may receive.

The User guarantees to be over-eighteen (18) years old and that the submitted data are truthful, accurate, full and kept up to date. To this extent, the User shall be liable for the veracity and currency of his or her data in such a way that they reflect his or her real circumstances. At all events, access to the Platform by an under-eighteen (18) years old shall be deemed as performed under the previous and express authorisation from his or her parents or legal guardians.

Access to certain sections of the Platform requires registration and/or personal data submission. Prior to providing said personal data, Users shall be duly informed about the applicable Privacy Policy, which shall be expressly accepted.

Under no circumstance shall the Owner be liable for the veracity of the data provided by the Users, who shall be the only responsible for the possible consequences, mistakes and malfunctions that may derive from the inaccuracy of the data, pursuant the set forth in our Privacy Policy.

2. ENROLLMENT QUALIFICATIONS

To become a registered User of the Platform, it is essential to be over-eighteen (18) years old, legal resident in any country of the European Economic Area and furnish all the data marked as mandatory.

In the same way, the Registered User assents that the password and the User account are personal and non-transferable.

The password must be created by the User according to the rules of robustness and complexity established by the Holder. Said password shall have unlimited time validity, solely subject to the time he or she remains in the Platform or the section thereof that requires password access.

Notwithstanding the foregoing, the User may modify his or her password at any time by using the tools made available on the Platform.

The User undertakes to make diligent use of his or her password, to keep it secret and not to transmit it to any third party. Consequently, The User shall be liable for the proper custody and confidentiality of any identifiers and/or passwords and agree not to assign its use to third parties, whether temporarily or permanently, nor allow third parties to access to his or her account. The User shall be responsible for the lawful use of the Platform, responding for any damages generated by a third party accessing it by means of his or her credentials.

In virtue of the foregoing, the User shall immediately notify the Owner of any fact that may allow the improper use of the identifiers and/or passwords, such as theft, loss or unauthorised access thereto, so the Owner may proceed to their immediate cancellation. Until such facts are not reported, the Owner shall be exempt from any liability that may arise from the improper use of the identifiers or passwords by unauthorised third parties.

3. UNSUBSCRIPTION OF THE REGISTERED USER
The User may, at any time, request his or her withdrawal from the Platform by written communication through msb@mystreetbook.es, with indication of his or her identification data.
In any case, upon cancellation of the account, the User may request a new registration with the Owner’s right not to admit said registration in the specific cases specified in the clause “>Rules of Use of the Platform” or in case of conflict or controversy raised in between the parties.

4. INTELLECTUAL PROPERTY RIGHTS

The Owner is the holder or, where applicable, licensee of the intellectual property rights of the Platform, as well as all the intellectual property rights derived from the information, materials and contents therein.

In no event the access, browsing or utilisation of the Website shall be considered as an Owner’s full or partial refusal, transfer or license of said rights. The User has a right to use the contents and/or services of the Platform within a strictly domestic scope.

Any reference to registered trademarks, commercial names or any other distinctive sign, shall be vested in the Owner or specific third parties, and therefore it is prohibited to use them without the Owner´s or their legitimate owner’s permission. In no event, save an express indication on the contrary, the access, browsing or utilisation of the Platform confer the User any right over the distinctive signs therein.

The Owner reserves all intellectual property rights over the contents and/or services of the Platform and, in particular, it is forbidden to modify, copy, reproduce, communicate to the public, transform or distribute by any means or in any way, whole or partially the contents included on the Platform, for public or commercial purposes, as long as a previous, express and written authorisation has not been issued by the Owner or, where applicable, by the relevant rights holder.

Likewise, it is prohibited to erase or manipulate the copyright indications or other credits that identify the holders of the rights over the contents, as well as the technical protection devices, digital fingerprints, or any mechanism of protection or information incorporated into the contents.

In the event that any User sends information of any type to the Owner by means of any of the channels enabled for such purposes, the User declares, guarantees and accepts that he or she has the right to do so freely, that said information does not infringe any intellectual property right, trade secret or any other third party’s rights and that such information is not confidential or harmful to third parties.

The User takes responsibility, keeping the Owner harmless, for any communication or content that he or she may send personally or on the Owner’s behalf.
Should the User be aware of the existence of illegal or unlawful content or of any content that may infringe intellectual property rights or rights of any other nature, he or she shall notify the Owner immediately to the email address msb@mystreetbook.com or via postal mail to Calle Naranjo 8, 04620 – Vera (Almería), Spain, so that the Owner may proceed to take the appropriate measures.

Similarly, in the event that a User or a third party considers that any of the contents on the Platform violates their intellectual property rights or a right of any other nature, he or she shall send notification concerning thereof to msb@mystreetbook.com or to Calle Naranjo 8, 04620 – Vera (Almería), Spain, including the following information:

• 1) Identification data and means of contact of the claimant or of his or her legal representative;

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• 2) Documentation that proves his or her status as holder of the rights allegedly infringed.

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• 3) Detailed description of the rights allegedly infringed by the Owner, as well as their exact location within the platform.

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• 4) Express declaration by the claimant that he or she has not authorised the use of the contents over which he or she holds the allegedly infringed intellectual property rights.

5. LINKS

5.1. LINKS TO OTHER WEBSITES

The Owner informs that any links to other websites enabled through buttons, hyperlinks, banners or embedded content are managed by third parties, not having the Owner the human or technical resources to know prior, to control and/or to approve all information, content, products or services provided by other platforms to which links can be established.

Consequently, the Owner cannot take any responsibility for said contents in external websites that may be reached out from the Platform by means of a link, including but not limited to, its functioning, access, data, information, files, quality and reliability of its products and services, and/or links.

In the event that the User acquires effective knowledge that the activities carried out in these websites may be illegal or contravene morality and/or public order, he or she shall immediately inform the Owner for the purpose of disabling the link as soon as possible.

At all events, the establishment of any type of link from the Platform to other website does not imply the existence of some kind of relation, collaboration or dependence between the Owner and the person responsible for such external website.

5.2. LINKS TO THE CHANNELS OF THE OWNER IN OTHER PLATFORMS OR SOCIAL MEDIA

The Owner enables different link means that allow Users to access the channels and profiles of the Platform on different platforms and social media belonging to and/or managed by third parties (e.g. Facebook, YouTube, etc.). The inclusion of these links in the Platform has the sole purpose of providing Users with access to these channels on different platforms and social media.

These links do not imply the existence of any relationship between the Owner and the owner of the linked platform or social media, nor does it imply the acceptance and approval by the Owner of the contents and/or services therein, being its owner the sole responsible for these purposes.

The access to these platforms or social media may involve the identification and authentication of the User (login/password) which is beyond the control of the Owner as these platforms and social media are completely external to the Platform. Thus, by accessing thereto the User enters into an environment not controlled by the Owner, who shall not be liable for the security settings therein.

As the Owner may have limited control over the content hosted on said channels, the User acknowledges and accepts that the Owner assumes no responsibility for the content or for the services to which the User may access in said pages.

5.3. LINKS TO THE PLATFORM IN EXTERNAL WEBSITES

The Owner does not authorise the setting of links to the Platform from websites containing materials, information or contents that may contravene the law, morals or public order, or the social standards generally accepted.

In any case, the User may publish links to the Platform, provided that they meet the following conditions:

• 1) The link must not fully or partially reproduce in any way the content of the Platform;
• 2) It is not allowed to create a browser or a border environment on any section of the Platform or in any way modify the Platform;
• 3) It is not allowed to disclose false, inaccurate or incorrect statements or indications about the Platform and/or, in particular, to declare or hint that the Owner has authorised the link or has supervised or accepted in any way the contents or services offered on the website where the link is posted;
• 4) The website where the link to the Platform is posted must not contain information or content illegal or contrary to morality, public order or to the social standards generally accepted, nor shall it contain contents contrary to any rights of third parties, including intellectual property rights and/or the right to honor, to personal or family privacy, to one’s own image or to personal data protection or to any other right.

Owner does not have the necessary human or technical means to know, control, or approve all the information, contents, products or services provided by other websites that have established links to this Platform. Owner does not take kind of responsibility for any aspect in relation to the websites that provide links to the Platform, including but not limited to, functioning, access, data, information, files, quality and reliability of products and services and in general terms, any content whatsoeve

 6. TERMS OF USE OF THE PLATFORM

Access to and/or utilisation of the Platform with illegal, non-authorised and/or commercial purposes is strictly forbidden. Therefore, Users shall be liable for any legal consequences of Platform misuse and/or abuse. The forbidden activities include but are not limited to the following list:

• 1) To use the Platform in such a manner that may provoke damages, disruptions, inefficiencies, deficiencies to its functionalities or to third parties;
• 2) To use the Platform to transfer, install, publish, download or upload any virus, malware or any other harmful file or software;
• 3) The use of the Platform to collect other users’ personal data;
• 4) To use the Platform in a manner that is illegal, contrary to good faith, morals or public order;
• 5) To sign up or log in the Platform with a false identity, impersonate third parties or to use a profile or perform any other action in a way that may confuse other Users about the origin of a message;
• 6) The access without the necessary authorisation to any section of the Platform, or to any other systems or networks connected to the platform, or to the Owner’s server or services offered on the Platform by means of hacking or falsification, extraction of passwords or any other illegitimate means;
• 7) To break or attempt to break the security or authentication measures of the Platform or any other connected network, or the security protection measures applied to the contents offered in the Platform;
• 8) To carry out any action that may provoke a disproportional or unnecessary saturation in the infrastructure of the Platform or in the systems or networks of the Owner, as well as in other systems or networks connected to the Platform; or
• 9) To prevent the regular development of an event, contest, promotion or any other activity available through the Platform or its functionalities, either altering or attempting to alter, unlawfully or in any other manner, the access, participation or functioning, or falsifying the results by using unlawful participation methods, by means of any process, and/or through any act that may attack or violate anyhow this Legal Notice.

Failure to comply with any of the foregoing obligations may entail the adoption by the Owner of the appropriate measures in the exercise of its rights or obligations, which may result in the elimination or blocking of the account of the infringing User, without any possibility of compensation for the damages caused.

7. RESPONSABILITIES AND GUARANTIES

The Owner cannot guarantee the reliability, usefulness or veracity of the information and/or services of the Platform, nor the usefulness or veracity of the documentation available on the Platform.

Consequently, the Owner does not guarantee nor is it responsible for:

• 1) The continuity of the contents and services of the Platform;
• 2) The absence of failures in said contents and services;
• 3) The absence of viruses and/or other harmful elements in the Platform or in the server that hosts it;
• 4) The inviolability of the Platform and/or the impossibility to violate the implemented security measures;
• 5) The lack of usefulness or efficiency of the contents of the Platform; and
• 6) Any harm or damage caused by any person who violates the conditions, rules or instructions established in the Platform or the security systems of the Platform.

Nevertheless, the Owner has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Platform and to minimise the failures of the system, both from the technical point of view and from the published contents on the Platform.

The Owner does not guarantee the lawfulness, reliability, or usefulness of the contents provided by third parties through the Platform. If the User has knowledge of the existence of any illegal or unlawful content or of a content that could involve a violation of rights of third parties, he or she must notify the Owner immediately so that it can proceed with the adoption of appropriate measures.

The Owner shall not be liable for the truthfulness, integrity or currency of the information published in the Platform where it proceeds from external sources, nor for those contained in other platforms and linked from the Platform. The Owner takes no responsibility for the damages that may arise from the use of the aforementioned information.

The Owner shall not be liable for causes beyond its control, among which may be listed in a non-limiting manner: force majeure, problems of access to the Internet, technological problems beyond the diligent and reasonable management of the Owner, actions or omissions of third parties, etc. In these cases beyond the control and due diligence by the Owner, there will be no compensation to the User for damages or losses, insofar as this is allowed by the current legislation.

8. SUSPENSION OF THE PLATFORM

The Owner reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or download of the content and/or use of the services of the Platform, with or without prior notification, to the Users who contravene any of the provisions set forth in this Legal Notice, without the possibility of the User to demand compensation for this cause.

9. CONFIDENTIALITY AND PERSONAL DATA PROTECTION

Pursuant the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (hereinafter, «GDPR»), and any other development regulation, the personal data that you provide through the Platform are processed by the Owner in accordance with the provisions of our Privacy Policy, that every User must expressly accept in order to register in the system.

Additionally, Mystreetbook informs you that you can make certain uses of the Platform without having to be registered and/or without having to provide any personal data.

For the use of this platform, Mystreetbook will gather information regarding the device from which it is accessed (type of device, operating system, IP address, web browser), navigation data generated during the use of the Platform (pages visited, destinations consulted, queries made, routes and points marked as favourites, comments made), as well as data relating to the user’s geolocation, in those cases in which this option is activated in your device. This information shall not be linked to the personal data of the User so Mystreetbook will not be able to identify him or her. The information will be used for the purposes of fully anonymised statistical studies.

Please read our Privacy Policy for further information with regard to the processing of your personal data.

10. MISCELLANY

The headings of the different sections are merely informative and will not affect, qualify or extend the interpretation of this Legal Notice. In addition, the Owner may modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way as this Legal Notice appears or through any type of communication addressed to Users.

Therefore, the term of this Legal Notice depends on the time of its exposure, meaning until it is totally or partially modified. At this time the modified Legal Notice will become valid instead.

The Owner may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Platform, with no possibility for the User to demand any compensation. After said termination, the prohibition to use the contents previously exposed in this Legal Notice will remain in force.

In the event that any provision of this Legal Notice is declared void or unenforceable, in whole or in part, by any Court, Tribunal or administrative authority, such ruling shall not affect the remaining provisions of this Legal Notice.

The non-exercise or non-execution by the Owner of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledgment or agreement in writing.

11. APPLICABLE LAW AND COMPETENT JURISDICTION

This Platform is governed by the Spanish current legislation.

For any conflict arisen in the interpretation or application of this Legal Notice, and to the extent permitted by the current legislation, both the Owner and the Users, expressly submit to the jurisdiction of the Courts and Tribunals of Madrid city, with resignation to any other possible jurisdiction.
 

Last amendment: 27 April, 2018.

© MYSTREETBOOK. All rights reserved.