MUST TRAVEL & TECH S.L.
The present general terms regulate the use of the Mobile Phone Application ‘DISCOVER MUST’ related to its users, property of MUST TRAVERL & TECH S.L.
This document must be printed and saved by Users.
MUST TRAVEL & TECH S.L. places at the disposal of Users the e-mail address indicated in the Web Legal Notice, for the Users to pose any doubt on the General Terms.
The present General Terms are subject to the ‘Reglamento General de Protección de Datos, of 27 of April 2016 (hereafter RGDP), to the ‘Ley Orgánica 3/2018 of 5th of December, de Protección de Datos Personales y Garantía de los Derechos Digitales’, to the provisions set on the ‘Ley 7/1998 of 13th of April, sobre Condiciones Generales de Contratación’, to the ‘Real Decreto Legislativo 1/2007, of 16th of November, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios ‘ and to other complementary laws.
RULES. ACKNOWLEDGEMENT, ACCEPTANCE AND MODIFICATION
The present Rules define the rights and obligations of the parties:
MUST TRAVEL & TECH S.L. y the USERS of the Application.
In compliance with the new RGPD, the USER must declare expressly, freely, clearly and unmistakably that he/she acknowledges and accepts the rules, agreeing that the rules represent the entirety of the present and future agreements between the USER and MUST TRAVEL & TECH S.L., considering that each rule is separable and independent from the rest. MUST TRAVEL & TECH S.L. reserves the right to modify the present clauses, without notice, being able to improve, delete or add contents and services. When these modifications would be carried, the USER will be informed in compliance with the established legal dispositions and must declare his/her consent expressly for the continuity of the service.
MUST is a social network which allows its USERS the sharing of experiences and places which they have found meaningful or with any particularity, being these, the cities they live in or the places they have traveled to. These places and experiences are shared with other USERS through lists, pictures and/or videos with the description of the place, experience or activity. (Hereafter ‘the Content’). Said Content is organized following the tastes and preferences of each USER, as well as for its popularity within the App.
DESCRIPTION OF THE SERVICES
Computing, telecommunications and office automation, which manifest in the realization of activities linked with new technologies and Internet, such as the development of applications for mobile phones or tablets, design and administration of web pages, computer programs and realization of web content, creation of sound and digital video carrying media, the management of trademarks on the Internet and through social media, communication through new technologies projects, the sale through Internet of goods and services, tickets to events, offers, etc.
REQUEST OF CONTACT
The USER can contact MUST TRAVEL & TECH S.L., through the ‘CONTACTS’ tab, located in the upper part of the web platform. In the latter the question on the requirement to obtain information will be introduced, together with the e-mail address of the USER/CLIENT for MUST TRAVEL &TECH S.L., to answer and contact with the USER/CLIENT with the means to solve his/her doubts or questions or provide with information.
USE OF THE APPLICATION
In order to become USER and being able to be contractually bound, You declare to be over 16 years of age and/or have enough legal capacity to submit to a contract.
To become USER, You must register as such, creating a USER account (hereafter, the ‘account’) through the App in the section ‘Registry’ and complete the formulary incorporated for that mean. Furthermore, the USER can registry through his/her Facebook account.
In the latter case, the USER must acknowledge that MUST will have access to certain data of his/her Facebook profile, those data necessary for the proper use and functioning of the application.
The USER guarantees that the provided personal data are both truthful and accurate and commits him/herself to notify MUST of any change or modification of those data. MUST reserves, without being obliged, the right to require any official information to verify the truthfulness of the provided personal data.
In case the USER facilitates any false, inaccurate or incomplete data or if MUST considers that there are reasonable grounds to doubt on the truthfulness, accuracy and completeness of the data, MUST can deny access and present or future use of the App or any of its contents and/or services.
Once the registry in the App is completed, the USER must create a ‘USER profile’, in which will include a name, by which will be recognized by the rest of the USERS of the Application, a profile picture, and a description of his/her tastes, interests and favorite activities.
Once created the USER profile, the USER can start to publish on MUST. The publications can be of three sorts:
The USER commits him/herself to use the Application in compliance with the rules of use and not to carry out activities contrary to the laws, ethics and public order. The USER also commits him/herself not to carry out actions which can affect the display, to extract information or to try to access the internal data bases.
The USER will not use the Application to:
a) Interfere or try to interfere in the functionality developed by MUST TRAVEL & TECH S.L.
b) Obtain or attempt an unauthorized access
MUST TRAVEL & TECH S.L. reserves the right to deny the access to the USER/CLIENT, in case he/she carries out any of the activities provided above and to exercize the relevant legal actions.
In general, the following behaviors and/or actions are prohibited, without limitation:
The content uploaded to the App and/or published, in a public or private manner, is of exclusive responsibility of the USER who publishes said content, exempting MUST from any kind of responsibility for any incidence that said content can produce.
If the USER detects that another USER uses the App of MUST with/for different means than those stipulated on the present General Terms, in an inappropriate and/or illegal manner, the USER must contact MUST staff through the following email address [incluir email de contacto].
For its part, MUST reserves the right to delete and/or block any USER account which considers or have enough grounds to be breaching the present General Terms.
GENERAL TERMS IN THE PROMOTION OF EVENTS
MUST TRAVEL & TECH S.L., among the functionalities and contents of the mobile phone application, will incorporate an agenda in which the USERS can look up events nearby the place of interest.
Provided that MUST is not the organizer of said events, it commits to the following:
In case of legal action, the USER/CLIENT will address, by means of priority, to MUST TRAVEL & TECH S.L. to obtain a friendly solution. For any litigious question which concerns MUST TRAVEL & TECH S.L., the applicable law will be the Spanish law, being competent the Courts and Tribunals of MUST TRAVEL & TECH S.L’s domicile in Spain.
COPYRIGHT, INTELECTUAL PROPERTY AND ADVERTISING
MUST TRAVEL & TECH S.L. respects the rights of Industrial and Intellectual property of third parties.
It is prohibited to reproduce, copy, publicly communicate, distribute or modify the elements contained in the Application which are not of the USER him/herself or violate the rights subject to protection unless there is an authorization from the owner of the rights. The total or partial reproduction of the content in the sites of MUST TRAVEL & TECH S.L. is forbidden.
The contents provided by this Application are subjects to the Intellectual and Industrial property and are of exclusive ownership of MUST TRAVEL & TECH S.L. or, if any, of the natural or legal person.
The Intellectual property extends, besides the content included in the Application, to its graphics, logotypes, design, images, data bases, contents of its data bases and source code used for its programming.
The contents related with the trademarks, domains, logotypes, drawings or documents, including, software, computer programs, or any element which can be subject of protection by the Intellectual or Industrial Property legislation, which can be accessible for the USERS, are property of MUST and all rights of use of all of the above are expressly reserved.
Furthermore, the USER commits him/herself not to withdraw, delete, alter, manipulate or modify in any way:
The USER recognizes that by virtue of the present General Terms, MUST does not transfer nor lease any right over its ownership in Intellectual and/or Industrial matters, or over any properties of third parties to the former. MUST only authorizes the USER the access and use of those rights in compliance with the terms set forth in the present General Terms.
The USER is not authorized to copy, distribute (including e-mail addresses and Internet), transfer, communicate, modify, alter, transform, lease or, in any other form, carry out activities which imply the commercial use of the Intellectual and/or Industrial Property rights, either with partial or total character, without the express consent, given in writing, from the legitimate owner of the rights of exploitation.
The access and use of the App will always be carried out, and in any case, with strictly personal means.
MUST reserves all its corresponding Intellectual and/or Property rights. MUST does not grant any other license or authorization of use to the USER over its Intellectual and Industrial property rights different than the one expressly detailed in the present clause. MUST reserves the right to terminate or modify at any moment and for any cause, the granted licenses by virtue of the present General Terms. Notwithstanding the latter, MUST can exercise legal actions against any use, by the USER, which:
GENERAL CONDITIONS TO REGULATE THE USE OF THE APPLICATION
MUST TRAVEL & TECH S.L. provides the USERS the general information of the services that can offer in relation with advertising, legal development, and product and services release. To contact MUST TRAVEL & TECH S.L. the option of sending an e-mail through the tab ‘CONTACTS’ located in the upper part of the Application, or through e-mail to the address facilitated as such in the Legal Notice, is given.
PRIVACY OF THE USER’S DATA
MUST TRAVEL & TEC S.L. commits itself to not spread nor transfer to third persons (except with express and unmistakable consent of the client) any data given by the USER through the Application.
The data that the USER may facilitate to MUST TRAVEL & TECH S.L. through the use of the Application, as well as the ones that MUST have access to through the registry via Facebook, will be ABSOLUTELY confidential, of exclusive use and limited to the time of service duration and application use by the USER.
MUST TRAVEL & TECH S.L., commits itself not to divulge confidential information of the USER.
RIGHTS OF THE USER
The authorship of the content that each USER uploads to the platform belongs to that same USER, as well as his/her property. Nevertheless, the USER grants a worldwide license, non-exclusive, free, transferable and sub-licensable, to use, copy, publicly communicate, edit, modify, translate, exploit, distribute and/or reproduce said content, including the name of the USER and the profile picture of the account in MUST. The USER, for his/her part, declares and guarantees that he/she is owner of all intellectual property rights and does not infringe rights of third persons with the uploaded content to the App.
The USER can delete the App, at any moment, all the content published in it, through his/her profile or requesting it at the following e-mail address [incluir email].
Once said content is deleted or its deletion has been requested, said content could not be published. However, said content can remain in the security copies created previously by MUST and kept during a reasonable period of time.
The USER, in the process of making his/her profile, can use an identifying name. MUST reserves the right to modify or delete that name if it contains words which can damage third persons, or breaches any riles of prohibition of the USER. Moreover, MUST reserves the right to delete and/or modify the identifying name if it coincides with the name of another USER, public figure or registered trademarks, among others.
MUST is only a social network where registered USERS share sites, activities and places which they consider of their interest with other USERS, through an individual publication or through lists.
MUST does not carry any control over the veracity of the contents of the publications of the USERS and/or their lists.
MUST does not take responsibility in relation to the authenticity, accuracy, reliability, legality, nor for eventual violations of the rights of third persons by the USERS. In this sense, the USERS understand that MUST is an independent Partnership which provides the App for them and does not assume any responsibility derived from the information given by the USERS, nor for the damages or losses which eventually can suffer third persons for publications and/or for the breach of the present General Terms by the USERS.
MUST does not carry any verification, neither validates any publication. Notwithstanding the latter, MUST may eventually carry additional verifications and boost procedures directed to help the verification or confirmation of identities of the USERS and/or their publications.
The USERS are completely responsible of the access and proper use of their account in MUST and also the contents of the App subject to the current legislation, either national or international, as well as to the principles of bona fide, ethics, good practice and public order. And specifically, USERS acquire the commitment of paying due diligence and comply with the present General Conditions.
The USERS will abstain from using their profile and the rest of contents o the App with illegal means or effects which are damaging for the rights and interests of third persons, or that in any other way could damage, disable, affect or deteriorate the App, its contents and its services. Furthermore, it is forbidden to impede the normal use or enjoyment of the App to other USERS.
MUST cannot be considered responsible publisher and declares expressly that it does not identify with any of the opinions that may issue the USERS in the App, of which consequences is entirely responsible the issuer of them.
Those who breach the obligations will be liable of any damage that CAUSES. Must will not be liable of any consequence or damage that can derived from said access or illegal use by third parties.
In addition to the previously mentioned, and inasmuch as the Lay allows it and except for the provided in that case in these General Terms, in any case MUST will be liable for personal, accidental, special damages, direct or indirect, including, without limitation, damages for loss of benefits, loss or non-obtainment of employment or job, loss of data, interruption of business or any other damage or commercial loss, related with the use or impossibility of use of the App, independently of the cause, independently of the theory or liability (contractual or extracontractual or any other) and even if the USER has been warned over the possibility of such damages.
REMOVAL OF CONDITION OF USER
The USER can remove his/her condition as such at any moment.
The removal in the App will be done through the ‘USER profile’ in the section ‘Removal of the Service’. We inform you that the simple deletion of the App in your mobile device does not imply the removal as USER in the App.
Furthermore, the USER is informed that, at the time of removal of the service and the Application, MUST TRAVEL & TECH S.L. will delete his/her data and will not keep nor store them in any carrier or media, thus the utility for which they were required is terminated.