Disclaimer: Below is a translated version from the text originally in Spanish. It is only for reference purposes and not a legally definitive translation of the original Spanish texts. In case of a differences or doubts regarding the meaning herein, only the original Spanish version shall prevail as the official authoritative version.
Terms and Conditions
This document establishes the general terms and conditions (hereinafter the "Terms and Conditions") that regulate the access and navigation of the website www.fotolog.com as well as the use of the services made available to users through of the same (hereinafter, "FOTOLOG"), whose management and ownership correspond to FOTOLOG INNOVATION LABS, SL, (hereinafter, "COMPANY"), a company of Spanish nationality, with registered office in Barcelona, Calle De Tarragona 157, Torre Nn, floor 4., 08014, registered in the Mercantile Register of Barcelona in Volume 45840, Folio 160 and Sheet 500711, Inscription 6ª, NIF: B-86916368.
Access to FOTOLOG and the use of the service made available to users are subject to acceptance and compliance with these Terms and Conditions so the user must refrain from accessing and / or using the services offered in case of disagreement with them.
FOTOLOG warns the user that at any time, these Terms and Conditions may be modified, in order to expand or reduce the services offered, delete the SERVICE or services or content provided, all without prior notice and unilaterally.
FOTOLOG offers a wide range of services to its users, including publishing photos and texts. The FOTOLOG services are intended for personal use, excluding professional use.
Access to the services provided by FOTOLOG is free, without prejudice to the fact that the contracting of the products or services through the SERVICE is subject to an economic consideration.
However, to access these services, the user must become a member by completing a registration form. The user guarantees that the data provided in said form is accurate, complete, accurate and truthful, committing itself to update the information when necessary.
At the time of creation of the account, the user must enter a password, the user being solely responsible for the correct use of the same, as well as its confidentiality and security. The user agrees not to reveal his password to third parties, keeping FOTOLOG harmless from the fraudulent use that could derive from said disclosure. FOTOLOG reminds the user that FOTOLOG will not have the obligation to verify the validity of any use or act made through the use of the user's personal password.
The user acknowledges being over 14 years of age, or if he / she is not, he / she acknowledges having the authorization of his / her parent or legal guardian to access the services.
FOTOLOG can not control the use made by the user of the SERVICE or the tools made available for the use of the service, therefore, FOTOLOG can not guarantee that the use made of the SERVICE and its tools will be carried out in accordance with the law , these Terms and Conditions, morality and / or public order. FOTOLOG will not be liable for damages or prejudices of any nature that may arise from the incorrect, illegitimate or illegal use that the user makes of the services and contents of the SERVICE.
Users are solely responsible for the messages, files, photographs and any content they choose to store, communicate, exchange or make available to other users through the various tools provided by THE SERVICE. Notwithstanding the foregoing, users must not under any circumstances use THE SERVICE as a support to infringe the law or third-party rights, regardless of their nature (including, but not limited to, intellectual and industrial property rights, right). to honor, privacy and self-image, right to the protection of personal data, etc.) and must take the due diligence and caution to not cause damage or risk of damage to FOTOLOG, other users or any third party.
Likewise, the user will refrain from obtaining or attempting to obtain any type of content, including, but not limited to, texts, graphics, drawings, sound files, images, photographs or videos that do not belong to him. With specific character, FOTOLOG prohibits any download, copy or reproduction of content that is made by means other than those enabled by it for this purpose.
FOTOLOG is not involved in the relationship between different users, since it acts as a mere intermediary. Therefore, FOTOLOG will not control the behavior of the users among themselves or in relation to third parties, so if a user maintains a dispute with another user, both will release FOTOLOG from holding any responsibility in this regard, including claims and claims, of any nature
Regardless of the methods that FOTOLOG can use to detect those messages that are potentially unlawful or infringe the rights of third parties, if a user considers that any of the messages or contents to which he has access or behavior of another user infringes his rights or supposes a violation of current laws on intellectual property or copyright, child protection or any other current legislation, you can contact us by sending an email to the following email address: [email protected] stating the following data:
- Name, address, telephone number and email address.
- Clear identification of the content or behavior potentially infringing or damaging and of the offending user.
- Indication of the reasons why the content or behavior could be potentially unlawful or harmful to own or third-party rights.
FOTOLOG excludes, to the extent permitted by the regulation, any liability for damages of any nature that may be due to the transmission, dissemination, storage, availability, reception, obtaining or access to any content provided by users and that is available to others and users and, in particular, although not exclusively, for damages that may be due to:
- Breach of the law, morality and generally accepted good practices or public order by third parties;
- The infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of individuals, the right to protection of personal data, of the rights of property and of any other nature belonging to a third party;
- The performance of acts of unfair competition and illegal advertising;
- The lack of veracity, accuracy, completeness, pertinence and / or timeliness of the messages and / or contents;
- The unsuitability for any kind of purpose and the disappointment of the expectations generated by the messages and / or contents;
- The vices and defects of all kinds of content.
Despite not having responsibility for the content, or exercise prior control over the published content, FOTOLOG reserves the right not to accept or withdraw at any time the content and / or messages that violate the provisions of current legislation or those present Terms and Conditions.
FOTOLOG may without prior notice and at any time suspend and / or expel from the Service a user who repeatedly provides inappropriate content, expresses an inappropriate behavior in the use of the SERVICE or fails to comply with these Terms and Conditions. In the event that the user is expelled, he will not receive any type of reward.
Consequently, FOTOLOG reserves the right to disconnect or suspend access to THE SERVICE to those users whose behavior or use of the SERVICE:
- They are illegal, offensive, violent, defamatory, pornographic or racist.
- Use contents protected by copyright without consent.
- Violate current regulations on intellectual and industrial property and in particular that involves a violation of rights on trademarks, patents, domain names, etc.
- Include personal data of third parties without your consent, such as name and surnames, telephone numbers, emails, etc., and infringe the regulations on the protection of personal data or services of the information society.
- Include images or photographs of third parties without your consent.
- Violate the legal norms or regulations on the secrecy of communications, protection of personal data, the right to honor, image and personal and family privacy.
- Induce, promote or incite discriminatory attitudes based on sex, race, religion, beliefs, age or any other violation of fundamental rights and freedoms recognized by the Spanish Constitution and the rest of the legal system.
- Use a vocabulary that refers to the aspects indicated in the previous section.
- Induce or incite to act illegally, illegally or contrary to morality, public order or security.
- Induce a state of anxiety, terror, addiction or insecurity.
- Induce or incite any person to engage in risky or dangerous practices that threaten health and psychological or emotional balance.
- Assume in no way an invasion of the privacy of third parties.
- Incorporate any image of minors without the mandatory authorization of their parents or guardians.
- Advertise or promote products that do not belong to MPCP, or induce the hiring of them.
- Likewise, FOTOLOG reminds users of the Services that according to their duty of collaboration with public authorities, will provide the data of their users and the contents of the SERVICE to public authorities that so require it for the investigation of a fault or crime.
Industrial and intellectual property
Industrial and intellectual property of the service
All the contents of the SERVICE (including, without limitation, databases, images, drawings, graphics, text files, audio, video and software) are the property of FOTOLOG and are protected by national and international intellectual and industrial property regulations. , all rights reserved. The domain name, brands, signs, distinctive signs or logos that appear in THE SERVICE are owned by FOTOLOG.
All texts, graphic drawings, videos or audio media that could be found at this time or in the future in this Internet SERVICE, are the property of FOTOLOG and may not be subject to further modification, copy, alteration, total or partial reproduction, adaptation or translation by the USER or third parties without express authorization by FOTOLOG.
The unauthorized use of the information contained in this SERVICE, as well as the infringement of the intellectual or industrial property rights, will give rise to the legally established responsibilities.
In no case will it be understood that the access and use of FOTOLOG implies the renunciation, transmission, license or cession, total or partial, of said rights, whether of transformation, reproduction, distribution or public communication on the contents or intellectual property and / or industrial.
Industrial and intellectual property of third parties
FOTOLOG is a "community" SERVICE based on the exchange and free participation of users. Therefore, the user accepts:
- That any content published in THE SERVICE will be freely accessible to all users.
- Not create, distribute, transmit, communicate by any means and whatever the recipient, illegal content, defamatory, abusive, discriminatory or contrary to public order,
- Respect the privacy of all users and not infringe the rights of third parties.
- Do not disclose information for commercial purposes in THE SERVICE.
- Do not introduce content that may be harmful to other users, taking into account the special protection of minors.
The user agrees to comply with the rules relating to copyright and copyright and therefore agrees not to use content from third parties without having the corresponding authorization from the owner.
FOTOLOG informs the user that it will not claim any content published in THE SERVICE or through it. Therefore, the user agrees to grant FOTOLOG a non-exclusive license for use, free, without copyright and transferable. This license implies the non-exclusive transfer of the rights of reproduction, representation, distribution, adaptation, integration, translation, by any process, in all the broadcast networks of THE SERVICE accessible from any receiving terminal.
Finally, the user must take into account that he will have the option to delete his published content at any time.
The establishment of any hyperlink from an external web page, to any of the pages of THE FOTOLOG SERVICE will be subject to the following conditions:
- It is not allowed the reproduction neither total nor partial of any of the services contained in THE WB SERVICE of FOTOLOG.
- No false, inaccurate or incorrect manifestation will be included on the pages of the FOTOLOG SERVICE and its services.
- Under no circumstances, FOTOLOG will be responsible for the contents, information, statements, opinions or services made available to the public on the website from which a hyperlink is established to the present SERVICE.
- Any hyperlink will be made to the main page of the SERVICE.
- The hyperlinks found in THE SERVICE have been previously agreed with the owners of the linked websites. FOTOLOG will not be responsible for the misuse or activities contrary to the law, morals or public order made by users on these linked pages.
Personal data protection
For all these reasons, we expressly suggest that parents and guardians actively participate when the child surfs the Internet or when they come into contact with any network service and, in particular, that they teach the minors the importance of protecting their personal information.
The present SERVICE is not directed to minors of 14 years. Please refer to the "Terms and Conditions" for more information.
In view of the foregoing, the USER guarantees that he is over 14 years of age and that the information provided is accurate and truthful.
The USER undertakes to inform Fotolog of any modification suffered by the information provided through an email to the address [email protected], identifying himself as USER of the SERVICE and specifying the information that must be modified.
Likewise, the USER undertakes to keep the keys and identification codes secret and to inform Fotolog in the shortest possible time in case of loss, theft or unauthorized access. As long as this communication does not occur, FOTOLOG will be exempt from any liability that may arise from the improper use by unauthorized third parties of such passwords and identification codes.
Duration and termination
The provision of the Services through Fotolog has, in principle, an indefinite duration. Fotolog, however, may terminate or temporarily suspend the provision of the Services, without prejudice to what has been provided in this regard in the corresponding special conditions. When it is reasonably possible, Fotolog will previously warn the termination or suspension of the provision of the Services through the different means of contact through which Fotolog can contact its users.
The user can unsubscribe at any time by clicking on the "delete account" button. Once the user clicks, the account will be temporarily disabled, not being shown to other users. The user will have 30 calendar days to recover their account by entering their credentials again. After the deadline, the account will be permanently deleted. One day after the deadline, the information related to the account and contacts will be deleted, two days later the comments and the username will be deleted, finally, on the third day, the images will be deleted.
Nullity and ineffectiveness of clauses
If any clause included in these Terms and Conditions is declared totally or partially null or ineffective, such nullity will affect only that provision or the part of it that is null or ineffective, subsisting in all the rest of these Terms and Conditions.
Modification of the terms and conditions
Fotolog reserves the right to modify or update these Terms and Conditions at any time. Any modification will be notified in MPCP, by means of a notice that must be accepted by the user. If the user accepts, he / she recognizes that he / she is accepting to submit to the updated and modified Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you must immediately stop using FOTOLOG in accordance with our cancellation policy.
Applicable legislation and jurisdiction
The provision of the service of this SERVICE and these conditions of use are governed by Spanish law.
Any litigious issue that incurs to the services rendered through this SERVICE, will be resolved through the arbitration courts of consumption, mediators or similar to those who are adhered Fotolog at the time of the occurrence of the dispute, as well as the courts and tribunals corresponding in accordance with Spanish legislation.
Fotolog is not adhered to any kind of extrajudicial dispute resolution procedure.
Fotolog Innovation Labs, SL, owner of the web platform and App Fotolog, as the person in charge of the treatment, guarantees an adequate and coherent level of protection of natural persons with regard to their personal data, object of treatment by the company, in accordance with the General Data Protection Regulation (2016/679).
Fotolog only treats personal data with full responsibility and loyally, and in accordance with legal bases that allow the legality of the treatment. In order to comply with current regulations, Fotolog has adopted the appropriate technical and organizational security measures to guarantee the rights and freedoms of its users.
Fotolog is a platform for uploading photos that could sometimes contain images of other people. Therefore, given the inability of Fotolog to identify and contact these people, the user responsible for the publication guarantees that it has the authorization from the people that appear in the images to be disseminated in their Fotolog user account.
Next, the additional and extended information is offered regarding specific treatment activities, carried out by Fotolog, through its web platform and App:
Additional information about data protection
Responsible for the treatment
Identity: Fotolog Innovation Labs, SL,
Mailing address: Carrer de Tarragona 157, Planta 4, Barcelona 08014, Spain
Phone: +34 931 234 969
Email: [email protected]
Purpose of data processing and conservation
At Fotolog, we treat the information provided by users who register voluntarily on our platform in order to manage their registration and account as a Fotolog user. This means:
- Manage the contractual or commercial relationship established between FOTOLOG and the USER.
- Provide the services requested by the USER and communicate with this.
- Manage, administer, lend, expand and improve the services to which the USER had decided to subscribe or register.
- Adapt these services to improve their quality facing the USER.
- Design new services related to the above.
- Conduct statistical studies that allow design improvements in the services provided.
- Send information about changes in the products or services contracted by the USER.
- The data obtained will be kept while you are a Fotolog user and during the time required by the applicable regulations.
Legitimation for the treatment of data
The legal basis that allows us to process your personal data is the consent that you give us voluntarily and informed when registering as a user in our web platform or App.
Recipients of your data
Your data will not be transferred to public or private third parties except in cases exclusively derived from compliance with legal obligations.
What are your rights?
The holders of the data processed by Fotolog have the right at all times to access their data, rectify them, oppose their treatment or delete them if they believe that they are no longer necessary for the purposes for which they were collected. In addition, if you wish, you can request the portability of your data and the limitation of the processing of your data, in which case we will only keep them for the exercise or defense of claims. Likewise, you may revoke the consent granted at any time.
To exercise these rights you can contact Fotolog through the email [email protected] Also, if you are not satisfied with the response to the exercise of your rights, you can file a claim with the Spanish Agency for Data Protection through its electronic headquarters at www.aepd.es.
Information about Cookies
Cookies are files that are installed on the computer from which you access our website for the purposes described on this page.
The applications that we use to obtain information are:
- Google Analytics
- Facebook SDK
- Cookies related to the service: from the domain facebook.com (c_user, datr, fr, locale, pl, sb, wd, x-src, xs), from Google Analytics (_gat, _ga, _gid)
The information they obtain is related to the number of page views, the language, the social network in which our news is published, the city or region to which the IP address from which you access is assigned, the number of new users, the frequency and recidivism of visits, visit time, browser or terminal from which the visit is made.
Cookies will not be installed on your computer until you express your desire to browse the web.
In any case, you can prevent the installation of cookies or delete those that have already been installed, through the configuration of your browser, as well as through the use of specific applications.
For example, you can find information on how to do it in the case you use as a browser:
- Firefox from http://mzl.la/1BAQzYZ
- Chrome from http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
- Explorer from https://support.microsoft.com/es-es/help/17442/windows-internet-explorer-delete-manage-cookies
- Safari from https://communities.apple.com/thread/160043210?language=en