TERMS AND CONDITIONS OF USE


Please read these conditions carefully before using the Messagenes services (hereinafter, the “service”). By using the website www.messagenes.com (hereinafter, the “website”), you signify your agreement to be bound by these conditions. In addition, when you use any current or future Messagenes service, you will also be subject to the terms, guidelines and conditions applicable to that service. These "Terms and Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Last review: 10/11/18

1.- General Information

In accordance with article 10 of Spanish Law 34/2002, of July 11, about the services of the Information Society and Electronic Commerce, we hereby provide the general information about the company Messagenes España, SL, owner of the domain http://www.messagenes.com.

M+ is a service offered by Messagenes España, S.L.
VAT NUMBER: B55673198
Address: Carrer Foixarda 16, 43008, Tarragona (Spain)
Email:
info@messagenes.com


For any questions or inquiries, you can contact MESSAGENES (hereinafter, M+) through
our contact email.


2.- Acceptance of the conditions

These terms and conditions of use (the "terms") apply to the Messagenes web site (located at www.messagenes.com), to its services, and to the Messagenes APP. By using the site you agree to these terms of use. If you do not agree, please do not use the site.
M+ reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms of use, at any time. It is your responsibility to check these terms of use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms of use, M+ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.
You must be at least 13 years old to use our services or such greater age required in your country to register for or use our services. In addition to being of the minimum required age to use our services under applicable law, if you are not old enough to have authority to agree to our terms in your country, your parent or guardian must agree to our terms on your behalf.


3.- Our services

M+ provides an online platform that helps individuals, businesses, organizations, foundations and other users to capture, transmit and keep content such as pictures, data, documents, logo´s, texts, etc.(hereinafter referred to as “content”), generated, created and/or uploaded by those who wish to use M+ as a communications channel. In the services, and in accordance with these conditions, the various permitted uses will be specified.

Definitions:

  1. “Card” refers to a container of content, owned by a user or various users and that can be linked to one or more newsrooms.
  2. “Newsroom” is web space for content, a space in the platform that shows information published on the cards that participate in the space.  They can be public (its content is visible for any user) or private (one needs to be invited or receive a password to access the posts).
  3. “Client” is a legal or physical person that establishes a direct contractual relationship with M+, through which services can be enjoyed including one or more newsrooms, an agreed number of cards that can be distributed freely, etc.
  4. “M+ Frame” is an organic and complete model of cards, forms, reports, etc. that is designed according to the requirements and circumstances of each client.
  5. “Coordinador” is the owner of an M+ Frame who offers other clients of M+ its implementation in return for an annual fee.
  6. “Comunidad de datos” is a group of clients who decide to share their contents for mutual benefit under the supervision of an organizations that represents the community.
  7. “Content control” is a service modality that transfers absolute control of the content posted in a newsroom by the owners of the different cards to administrator of the Newsroom.
  8. “Intellectual property rights” refer to the copyrights, brands, trade secrets, patents and other intellectual property or industrial rights recognized by law.
  9. “Content” is all the data or information contributed to the platform through posts on StoryCards or responses to the questions on a DataCard.

The price that is applicable to each service is the prevailing price the moment the client accepts the purchase. M+ reserves the right to eliminate the content and or the account of a user in case of non-payment during more that 3 consecutive months. M+ also reserves the right to eliminate the content of a card or newsroom after 12 months of inactivity, except in case of a partially or completely hibernated newsroom.


4.- Intellectual or industrial property

The content and distinctive signs used by this web are subject to industrial and intellectual property rights owned by M+ and of third parties and its alteration, modification, exploitation or reproduction, distribution, public communication is expressly forbidden without the authorization of the owner of the right.


5.- Registration

The use of some services or utilities of M+ requires registration. The data that is provided by the users of the portal must be accurate, truthful and updated, being responsible at all times of the custody of your password, assuming the consequences of damages and losses that may derive as a result of their improper use, as well as of the assignment, disclosure or loss of the same. You must inform Messagenes immediately in case you have reason to believe that your password has been used in an unauthorized manner or likely will be.

You can not create an account for another person without their authorization, or use a username that is the name of another person with the intention of supplanting their personality. You may not sell access to your account. We will not be liable for any harm related to the disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. We may require you to change your username or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. We may refuse registration for any reason (for example, an offensive, vulgar, obscene or illegal username).

The user declares, in case of being a natural person, that he has the age established by law to sign a binding agreement. In case of registration on behalf of a company, he guarantees that he is authorized to register it. In addition, the user declares that these conditions of use are in compliance with all laws, rules and regulations that are applicable in his case. Otherwise, the right to access the service may be canceled and the user may not use the site or its services.


6.- Responsibility for the content

In these user terms and conditions, the term “content” includes, among others, any data, information, ad, video, audio clip, comment, text, picture, software, script or graphic contributed to the platform posting on StoryCards or replying to forms on DataCards.

The users understand and accept by means of this document that all the information, either private or public, contributed through this site is the exclusive responsibility of the person who contributed such content.  Thus, the owners of cards manifest and guarantee that the content that they publish on the site is always truthful, and that its diffusion will not infringe any applicable regulation (for example, on intellectual property rights or the data protection). In consequence, the users who contribute any type of content to the platform exonerate M+ of any responsibility related to the veracity and legality of their posts.

In parallel, the owners of the different newsrooms and the clients that contracted the service with M+ agree to permanently and efficiently ensure that the contents contributed to the platform in its newsrooms or via linked cards rigorously comply with any type of applicable regulation and but such obligation of supervision does not imply the acceptance of any type of responsibility or legal guarantee.

M+ cannot verify the authenticity of content that any user might contribute to the platform, and therefore shall not be responsible of any error or omission in any part of the content, nor guarantee the identity of any other user with whom one interacts through the service.  Thus, the users of the site and the service accept to use the available content under their own responsibility, assuming the risks or losses that may be derived from it, both on a personal level as with regard to third parties.

7.- Ownership and use of the content

A newsroom is a web based space for content where the client displays the information that was contributed by users with collaborating cards. Two types of newsroom exist: with Content Control and without Content Control. In the first case, which needs approval from collaborating users, it is the client who contracted the services (the admin) and owner of the newsroom who has total control over the content that is contributed to his/her newsroom, while in the second case it is the user himself who may freely change, edit and delete his/her content. When a newsroom is subject to Content Control, the owner of the newsroom, that is the client who contracted the service, also owns all the posts that are linked to it. When a newsroom does not have Content Control, the owner of the post is the user who generated the content.

However, the data contributed through DataCards (forms) is always the property of the owner of the DataCard, except in the case of open DataCards.

Those, including M+, who publish content in a public newsroom grant each user of the site and/or the service, including the media of third parties, a non-exclusive, non-sublicensable, intransferible, global, perpetual and irrevocable licence to access, use, edit, modify, reproduce, distribute, create derivative works and show its posts but strictly for personal and non commercial use only.  The user that generated this content declares and guarantees to have all rights to grant such licence without infringing nor violating the rights of third parties, including among others, privacy rights, copyrights, advertising rights, contractual rights or any other intellectual or property right.

8.- Data Communities

A data community is a group of clients who decide to share their content for mutual benefit, under the supervision of an organization that represents the community. This representative (for example, Stichting Civic Media Foundation) unites the different clients and guarantees that the shared information shall be used exclusively for the ends agreed between them. The owners of the information generated on the platform (both users and clients) grant the representative of their data community a user licence under pre agreed terms for this content (for example, academical, statistical, commercial or social).

Finally, while exercising this right to use the data, the representative of the data community will be able to grant anyone access to the information generated by the data community as long as this access is in accordance and compatible with the foundational objectives of the community.  For their part, the beneficiaries of this right guarantee that the use of the data will be in accordance with the terms of use of the community.  In any case, the specific operating conditions of each data community will need to be reflected in a foundational pact accepted by all participants.

The representative of the data community will send M+ the terms of use so they can be published on the platform with the objective to inform the potential participants about the its conditions and objectives.

9.- “Content Control” conditions

Upon accepting the Content Control conditions for collaboration with a newsroom, the user who contributes content authorizes the owner of the newsroom to freely use these contents at its sole discretion, without restriction: to show it publicly, to change the format, to incorporate it in marketing materials or ads, to use it to create derivative works, to promote it, to distribute it and to allow anyone else to do the same on their own web sites, multimedia platforms and applications (third party media), etc.

Therefore. by accepting the conditions of Content Control when collaborating with a newsroom, the users admit irrevocably that the content generated by them (and possibly protected by intellectual property rights) will be considered a collective work owned by the owner of the newsroom, who will, in exclusivity, enjoy all the rights of exploitation of such content, for any type of use, without limit in time and for its exploitation in the entire world, while these users having no rights of exploitation with respect to the contributed content. The users declare and guarantee to dispose of the rights to the contributed content, and that the rights of third parties are not being infringed (including among others, right to privacy, advertising rights, copyright, contractual rights or any intellectual right of a right of another type).


10.- Deletion of posts

Posts can be deleted by their author (except the posts that were contributed under conditions of Content Control, in which case this faculty belongs to the owner of the newsroom), and implies the deletion of the publication from the platform. However, both the creator of the post as well as the administrator of the newsroom understand and accept that the deleted content may remain in security copies for a reasonable period of time (although after their deletion they will no longer be shared with other persons), or could be in the possession of users that already had access to these posts and downloaded them before being deleted.


11.- Content terms

M+ serves to share relevant content, but not at the expense of the safety and well-being of others or the integrity of our platform. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

  1. You may not use M+ to do or share anything that violates these terms, that infringes or violates someone else's rights, that is unlawful, misleading, discriminatory, fraudulent, etc.
  2. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working of M+.
  3. You may not access or collect data from our products using automated means (without our prior permission) or attempt to access data you do not have permission to access.

We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights. Where appropriate, we will take steps to notify you when we remove your content for violating our content terms.

We encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

 

12.- Account suspension or termination

If we determine that you have clearly, seriously, or repeatedly violated our terms or policies, including in particular our content terms, we may suspend or permanently disable access to your account. We may also suspend or disable your account if we required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. You can contact us if you think we have disabled your account by mistake.

 

13.- Limits on liability

M+ uses reasonable skill and care in providing its services to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our products will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these terms or otherwise by our acts; losses which are not reasonably foreseeable at the time of entering into these terms; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our products; and events beyond our reasonable control.

M+ excludes any type of liability and offers no guarantee that the functions on the Portal will not be interrupted, or that the Portal or the respective server will be free of viruses or other harmful components.
Messagenes expressly warns that the www.messagenes.com website is susceptible to failures in its normal operation, so it is not responsible for any damage or alterations that may be caused in third-party computing tools.
Messagenes shall not be liable for any computer damage that may arise from the user as a result of the use of this portal and navigation through it, in particular:
a) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunication lines and networks, or for any other cause beyond Messagenes.
b) Illegitimate intromissions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
c) improper or inappropriate use of the portal by the user.
d) security or navigation errors caused by a malfunction of the browser or by the user

14.- Final terms

a) Some of the services we offer are also governed by supplemental terms. If you use any of those products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you (for instance, if you access or use our products for commercial or business purposes). To the extent any supplemental terms conflict with these terms, the supplemental terms shall govern to the extent of the conflict.

b) If any portion of these terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us.

c) The user can no transfer any of his rights or obligations under these terms to anyone else without our consent.

d) These terms do not confer any third-party beneficiary rights. All of our rights and obligations under these terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

e) We reserve all rights not expressly granted to you.

 

15.- Updating our terms

We may need to update these terms from time to time to accurately reflect our services and practices. We give you an opportunity to review them in our web before they go into effect. Once any updated terms are in effect, you will be bound by them if you continue to use our products. We hope that you will continue using our services, but if you do not agree to our updated terms and no longer want to participate in our platform, you can delete your account at any time.

 

16.- Personal data protection

In accordance with the Organic Spanish Law of Protection of Personal Data (LOPD 15/1999) the user is informed that the data that M + requires in relation to the provision of the corresponding service will become part of a file whose exclusive purpose will be the provision of the service, as well as enabling the administrative management necessary to provide the service. The user can exercise the rights recognized by the RGPD 2016/679 about their personal data (portability, opposition, limitation of treatment, information, access, rectification, deletion / right to be forgotten and opposition to being subject to automated individual decisions). contacting M + at the email address LPD@messagenes.com.

 

17.- Disputes

The spanish laws will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these terms or the M+ services ("claim"). You agree that the claim must be resolved in a competent court in Tarragona (Spain) and that spanish law will govern these terms and any claim.

18.- Language

The original version of these User Terms and Conditions has been written in  the Spanish language. In the event there is a discrepancy between this Spanish language version and any translated copies of the User Terms and Conditions, the Spanish version shall prevail.

These terms were last updated on November 10, 2018