The terms and conditions
CALLE SEVILLA, 73
04600 HUERCAL – OLVERA (ALMERÍA-SPAIN)
Business Registry of Granada, Volume 1441, Book 0, Section 8, File 71, Page GR40563 Entry 1
Phone No. : 91 754 69 07; E-mail: email@example.com
The parties hereby linked through these conditions are HITSBOOK, S.L., with current address located at Calle Sevilla, 73, 04600 Huercal - Olvera (Almeria-Spain), with CIF B18980748 registered in the Mercantile Registry of Almería, Volume 1.597, file 163, page AL-41985 Entry 1 (hereinafter HITSBOOK) and the user who makes use of this web page.
In order to uphold your right, security and privacy, we recommend you read the following terms and conditions carefully.
1.- Website Ownership
HITSBOOK, S.L., with current address located at Calle Sevilla, 73, 04600 Huercal - Olvera (Almeria-Spain), and with CIF B18980748, is the company owner and holder of the website and platform named www.hitsbook.com www.hitsbook.com (hereinafter the web). HITSBOOK, S.L., belongs to the group HITSBOOK whose parent company is HITSBOOK INC, a U.S.A. based entity. Therefore, all companies pertaining to this group, regardless of whether or not they own the website, will have access to all the material provided by the Users and its content.
2.- General web services
The objective of the website is to provide Users with a platform where they can upload their videos based on any subject of their interest and partake in different campaigns developed by both HITSBOOK and its clients, as an easy and simple option to obtain different awards and experiences. Likewise, Users have the possibility to interact through the platform, partaking in voting, publishing comments and sharing content
The videos or photographs published will be publicly available to all users who access the website or the specific campaign or project. These videos or photographs may be categorized according to their content
Users can access the website through the page https://www.hitsbook.com where they will have to gain access through Facebook, by completing a form established for this purpose or through mobile phone validation, where they must accept the terms and conditions of use. Once registered, Users will be able to upload as many videos as they wish and partake in all the different campaigns held by the web, for which the appropriate rules and regulations will be established, and which will have to be accepted by the Users.
The procedures for registration and uploading of audiovisual content may be modified to include updates, improvements and/or new features. HITSBOOK will keep Users informed of these updates as well as how to access them.
Who can be a user?
The website is directed to all individuals who are 14 years old or older, as well as any company that falls in compliance with the requirements set by HITSBOOK.
It will be an essential requirement that those persons between the ages of 14 and 18 years have the written consent of their parents or legal guardians to be able to upload audiovisual content to the website as well as to assign their intellectual property rights and all companies of the HITSBOOK group and third parties.
In order to register and use this website, users must either register through Facebook for what will be a mandatory requirement to be Facebook users, and then fill in additional information for the publication of content, or fill out the form established at effect and enter your phone number and proceed to validation. Likewise, users must accept these legal terms and conditions.
All those users who wish to access through Facebook, must give the necessary permissions to Facebook to provide the necessary information and relative to first and last name, profile photo, gender, email, date of birth, list of friends and videos of the user. Users must comply with the terms and conditions established by Facebook regarding the registration and use of the page, as well as everything related to privacy, information protection and intellectual property.
Users who wish, may register through the validation of their mobile phone. To do this, they must enter their mobile phone number; once entered, they will receive a message through which they can validate their registration. It will be an essential requirement to proceed to the validation to have access to the web page and therefore to the services offered by it. Likewise, users must accept these legal terms and conditions.
5.- User obligations
In general, the User agrees to make proper use of the Website, observing the current legislation and complying at all times with these legal terms and conditions, as well as with the legal terms and conditions of Facebook in the event of registering through of the social network.
Allusive publications and/or sexual, violent, degrading, racist, discriminatory, defamatory, as well as threats or insults that may hurt the sensibility of an average person or that incite illegal behavior will not be tolerated. Likewise, publications that infringe intellectual and/or industrial property rights, privacy or that infringe any other type of right of third parties will not be accepted. In any case, HITSBOOK or any of the companies of the group, reserve the right to eliminate publications and exclude from participation in campaigns those users whose publications show inappropriate content.
The User must own the intellectual property rights of the audiovisual documentation uploaded to the Website and hold the image rights of all those who appear in it. If the User is not the author of the audiovisual material contributed, he must have all the exploitation rights thereof and the capacity to transfer them to HITSBOOK and to any of the companies in the group. In the same way, you must show the image rights of the people that appear in it; Otherwise, you will be solely responsible for any disputes arising from the use of such material without authorization, exempting both HITSBOOK and the companies of the group from any responsibility in this regard.
The User will be held responsible for the violation of any of these terms and conditions of use, exonerating HITSBOOK and its pertaining companies from any liability.
The participation of users in the different promotions developed by HITSBOOK and/or its customers will be subject to the provisions of these terms and conditions, as well as the provisions set forth in the corresponding rules and regulations. The users agree to read and accept the specific conditions of each promotion.
In promotions in which the mechanics of participation is based on video voting, the users will only be able to cast one vote per video. Likewise, only a maximum of three votes can be issued to the same video from the same IP address, through three different users. Votes cast outside these limitations will not be counted and will be deleted from the corresponding video.
The entry of a single user by creating false profiles exclusively for the purpose of participating in video voting is strictly prohibited.
False profiles will be understood as those profiles whose email address comes from internet pages providing temporary addresses. Votes cast by false profiles or by temporary email accounts will not be counted and will be deleted from the corresponding video.
HITSBOOK and/or the contest promoter reserve the right to remove those users who are misusing the promotion, or who carry out fraudulent acts or who harm other participants. In the event that HITSBOOK and/or the promoter or any entity that is professionally linked to the promotion detect any anomaly or suspect that a participant is preventing the normal development of the promotion through any fraudulent act that contravenes the transparency of the same, HITSBOOK and/or the promoter reserve the right to cancel and even withdraw the gift or prize automatically and without explanation of any kind, to all those participants who have benefited directly or indirectly from this type of fraudulent actions, may also exercise all civil or criminal actions that may correspond.
HITSBOOK and/or the promoter reserve the right to take legal action against those persons who carry out any type of act likely to be considered manipulation or falsification of the promotion.
In the event that the promotion cannot be carried out, either by detected frauds, technical errors or any other reason that is not under the control of the promoter, and that affects its normal development, they reserve the right to cancel, modify or suspend it, without the participants being able to demand any responsibility.
7.- Liability Limitation
HITSBOOK and any of the companies pertaining to the group are excused from all responsibilities in the following cases:
- Technical failure in the telecommunications network, due to accidental or other situations, that may prevent the normal operation and functioning of the service.
- Website unavailability due to maintenance by Facebook and/or others that may impede the service.
- Third-party intrusion in the service. Given the advances in technology, third parties may enter the site and cause disturbances. Notwithstanding the foregoing, HITSBOOK carries out all technical efforts through the incorporation of the corresponding technological measures to reduce this type of risk. However, the user is informed that these unlikely intrusions can cause imbalances regarding which HITSBOOK and the companies of the group will not be responsible.
- For any eventuality related to the web in this particular aspect, the Users will state that the use of this website is voluntary and carried out under their own responsibility.
8.- Rights reserved
HITSBOOK reserves the right to deny service to Users who do not comply with the terms and conditions herein contained.
Likewise, it reserves all the actions that correspond in law for any infractions that users may commit. In addition it will assert all the legal actions to make effective the damages and damages according to the current law. All costs for claims that correspond to users and have had to be borne by HITSBOOK or any of the companies in the group, will be duly claimed.
9.- Validity of these regulations
These rules are the only ones that govern the relationship between the User and HITSBOOK, replacing any oral or written agreement that has previously governed the parties.
The clauses will always be interpreted in such a way that they produce effects. If by reason of the interpretation of these rules, one or more of its clauses are considered void, the others will remain fully valid.
These terms and conditions may be modified. If this should be the case, HITSBOOK will notify Users through their website at https://www.hitsbook.com/
10.- Web Usage
The user agrees to use the Website in accordance with the law, morality, generally accepted good customs and current public order. The User undertakes to abstain from using the Website for illicit purposes or effects, contrary to the provisions of these terms and conditions, harmful to the rights and interests of HITSBOOK, the companies of the group or third parties, or in any way they can damage, render useless, or damage the Website or prevent the normal use or enjoyment of the service offered in it.
In order to improve its service and for the benefit of users, HITSBOOK may unilaterally modify, at any time and without prior notice, the mechanics of uploading videos, participation in different campaigns or any non-substantial aspect thereof, or its conditions of use.
For any additional information or to resolve any doubts, complaints or suggestions, Users can contact the party responsible for the website through email: firstname.lastname@example.org.
The Users are solely responsible for the content published as well as for any kind of consequence resulting of its publication, exonerating HITSBOOK and the companies pertaining to the group, from all liability derived from the publication of the contents.
The users guarantee the videos or photographs published are not illegal in accordance to territorial law.
11.- Intellectual Property
All information contained on the Website, as well as its graphic design and the codes used, are protected by copyright or other protection rights contained in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law. These rights belong exclusively to HITSBOOK, SL, to the companies of the Hitsbook group or to their licensors, therefore, any act of reproduction, distribution, transformation or public communication is expressly excluded, as well as any type of assignment, of all or part of the content of this Web property of HITSBOOK, and in general of any object that according to the current legislation is protected by the rules of intellectual property.
All Web content and all content available through the service offered, including designs, text, graphics, images, software, music, sound and other files, as well as their selection and arrangement (the 'Content') are the exclusive property of HITSBOOK, SL, the group companies, or their licensors, with all rights reserved. No part of the Content of the Website may be modified, copied, distributed, framed, reproduced, downloaded, extracted, displayed, published, transmitted or sold in any way or by any means, in whole or in part, without the prior written consent of HITSBOOK . Provided that the user is entitled to use the service offered, HITSBOOK grants a limited license to use and access the Web and its contents and to legitimately download and only for personal and non-commercial use, the downloadable content thereof, as long as all warnings about copyright and intellectual property are kept intact. Any other use of the Content of the Web is strictly prohibited.
Users are committed to be original in relation to the audiovisual or photographic material contributed, not being able to plagiarize any other artistic or advertising creation, or damage trademark rights or any other intellectual property right of third parties. In any case, HITSBOOK will not be held responsible for any third-party claims. Users will be responsible for the infractions caused or that may be caused to the rights of third parties with the audiovisual or photographic contents contributed and will indemnify HITSBOOK and the companies of the group, for the damages and prejudices incurred by the breach of the obligation before described. The users guarantee that they hold the rights of intellectual property and image corresponding to the audiovisual or photographic documentation provided to the Web, being the only ones responsible for the possible controversies that may arise due to it.
The users give HITSBOOK, any of the companies of the group or to the clients of these, the right to use all the videos as they deem appropriate, while the videos remain published on the website and for the entire world. In particular, exploitation rights will be transferred, especially those of public communication, transformation, distribution and reproduction. All these rights may be used, among other functionalities, to design and develop programs, capsules, viral, testimonials, etc., under any advertising format of HITSBOOK, as well as in any media, both in television media, Internet, analog media and digital, or in any medium of written publication without any consideration, as well as for its distribution.
12.- Industrial Property
The use, without prior consent, of any element of HITSBOOK that is subject to protection in accordance with the legislation in force regarding industrial property is expressly prohibited. In particular, no trademarks, trade names, names, logos, slogans or any type of distinctive sign belonging to HITSBOOK or to any of the companies of the group may be used.
13.- Image Rights
Users give HITSBOOK, S.L., and the companies of the group, the right to reproduce and use their image, including name and surname, voice and their own image, in relation to the content published by the user. Likewise, if the users include the participation of third parties, they state that they have the rights and authorizations to publish the image of said third parties.
It is strictly forbidden to publish the image of minors under 18 years of age, without parental or legal guardians consent.
Facebook does not sponsor, endorse or administer this service in any way, nor is it associated with it.
Users exonerate Facebook from any liability arising from the use of the service provided by HITSBOOK.
16. Applicable Jurisdictions
The use of the Website implies the full acceptance of these terms and conditions and the express submission of interpretative decisions made by them to HITSBOOK. All conflicts that arise in application of these conditions, will be regulated by the laws of Spain and will be resolved by the Courts and Tribunals that by law may correspond. Likewise, in case of divergence between users and the interpretation of these conditions by HITSBOOK, they will be competent to hear disputes that may arise in the Courts and Tribunals of Madrid if there is no other jurisdiction according to the Consumption rules.
Who is responsible for managing your information?
In accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGOD), the user is informed that the personal data that you provide us through the Website will be incorporated and treated in the files owned by HITSBOOK, SL with address at Calle Sevilla, 73, 04600 Huércal - Overa (Almería - Spain) and with NIF B-18980748. Registered in the Mercantile Registry of Almería, Volume 1597, Book 0, Section 8, Folio 163, Page AL41985 Registration 1. Tel: 91 754 69 07; E-mail: email@example.com.
Why and for what purpose do we process your personal data?
The processing of your information provided through the Registry Channel is necessary to manage your profile on the website, through which you can access the contents of the website, share audiovisual content and be able to participate in different promotions; besides managing the commercial information that is sent by electronic means from HITSBOOK and its clients, only if the user has expressed it in the boxes enabled for that purpose.
Just like that the personal information is processed through the Customer Service Channel-Contact us, we will attend to you through the managing of queries and resolving doubts and/or incidents, as well as sending a budget. Likewise, information will be sent electronically if the user so wishes.
HITSBOOK commits to only collecting data and information that is strictly necessary. The User will be informed in the event of having an obligation to provide certain information.
Legitimation for your information processing.
The rules and regulations for processing your information is voluntary consent given by the user to manage both their profile on the website, the sending of questions, comments or suggestions and the requested budget, and sending of commercial information by electronic means.
HITSBOOK guarantees the confidentiality and security of the information provided by the Users. When personal information is required, the User will voluntarily incorporate said information, and will be informed of the identity of the compiler, the purpose of the collection, as well as the possibility and procedures to exercise the rights of access, rectification, cancellation and opposition (ARCO rights).
The User guarantees that the personal information provided is accurate, and is responsible for relaying to HITSBOOK, any variations thereof. The User will be responsible, in any case, for the accuracy of the information provided, and HITSBOOK reserves the right to exclude any User who has provided false information from the registered services, without detriment to any other legal procedures.
What data do we collect and how?
The information we process is what the user provides within the registration forms enabled on the website (User name, email, country) and what’s included in the contents the user uploads to the website (photo and/or video).
Who will receive your information?
Personal information will be communicated to technology service providers, IT service providers and legal services.
Likewise, they will be communicated to Amazon Web Services Inc. and Microsoft Azure located in the United States and belonging to the EU-U.S. Privacy Shield.
Rights the User can exercise are:
1- Right of access to the interested party’s personal information. The User can obtain confirmation on whether HITSBOOK handles personal information concerning him.
2- Rectification right, that is, the User has the right to request a rectification of inaccurate information.
3- Right to withdrawal. The User can request that the website stops processing their information without undue delay, among others, because these have ceased to be necessary, the consent has been withdrawn, etc.
4- Right to limit the processing of information. The User may request that their personal information not be applied to the processing operations that in each case would correspond.
5- Right of opposition. If the interested party objects to the treatment, HITSBOOK will stop processing your data, except for compelling legitimate reasons or the exercise or defense of possible claims.
6- Right to the portability of information, by which interested parties may request from HITSBOOK the structured download of their data or the transmission thereof directly to a third entity, if technically possible.
How can users request the deletion of their data?
The User can exercise their rights and request the deletion of your data in two ways:
- Entering your Hits Book profile with your username and password and disabling your user account.
- By a request sent to HITSBOOK to the email address firstname.lastname@example.org.
Likewise, interested parties may submit a claim to the Spanish Data Protection Agency, especially when they have not obtained satisfaction in the exercise of their rights, at Calle de Jorge Juan, 6, 28001 Madrid, contact telephone number: 912 66 35 17.
HITSBOOK will treat all the information under the strictest confidentiality, applying technical and organizational security measures that correspond according to the applicable legislation.
HITSBOOK maintains the levels of security of personal data protection according to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to data processing personal data and the free circulation of these data and has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided by the User through the Website, without prejudice to inform you that security measures on the Internet are not impregnable.
HITSBOOK undertakes to comply with the duty of secrecy and confidentiality with respect to personal data processed in accordance with the applicable legislation, as well as to grant them a secure treatment in transfers that may take place, in the case it may occur.
Will profiles be created and automated decisions be made?
We report that your personal information can be used to develop individualized profiles for commercial purposes, if desired. The result of this process of profiling is the sending of commercial information and personalized offers by HITSBOOK according to their location, age, gender, category to which they subscribe, platform activity. Likewise, the data may be transmitted to HITSBOOK customers for the aforementioned purposes.
The information that is the subject of this treatment is the information provided to HITSBOOK by the user or that may have been generated during the use of the HITSBOOK web platform: identifying information: (first and last name and email); additional information (date of birth, gender, address, I.D.); data on the use of the platform (history of videos viewed, history of videos uploaded and votes made to other videos in the web platform, IP, use of the web, use of social networks, average time of connection, etc.)
How long do we keep your information for?
The identification information offered by the User through the Registry Channel will be kept until the owner requests deletion.
The identification information offered by the User through the Customer Service Channel - contact us, it will be kept until the User's request is fulfilled by HITSBOOK.
The information included in the audiovisual content will be kept until the user requests cancellation of their account on the website.
How did we get your information?
The information processed by HITSBOOK, are those that the User has voluntarily provided to HITSBOOK through the Registry Channel, the Customer Service Channel-contact us and the audiovisual contents provided by the user through his account.
What category of information is used?
The categories of information that are used are identification and image information.
Right to file a claim with the Control Authorities.
Interested parties are informed of the possibility of informing the Spanish Data Protection Agency of any incident regarding the processing of their information. The Spanish Data Protection Agency has the function of ensuring compliance with the legislation and controlling its application. You can get more information at http://www.agpd.es.
Basic information on Information protection
HITSBOOK, S.L. y Promo Espacio.
The purpose is to register in the "El Mero Mero - Gustavo A. Madero" contest, and create a profile in www.hitsbook.com to access content on the website, share audiovisual content and participate in different promotions.
In addition, the user may receive commercial information from Hitsbook and Promo Espacio about future campaigns, according to the interests of the user if they wish.
The affiliation to receive the information is the interested party's own consent.
Your data will be communicated to providers of technological services, companies providing computer services and legal services, including Amazon Web Services Inc. and Microsoft Azure under the Privacy Shield.
Free exercise of access rights, rectification, deletion, cancellation of opposition, as described in the additional information.
You can consult additional and detailed information about Information Protection at the address https://www.hitsbook.com/legal/