TC_EN - Capturo

1. The Service and its owner

ADIANTE DIGITAL, SL (hereinafter, “ADIANTE”), is a commercial company, with NIF B27818178, registered office at Avenida Hispanidad, number 67 – Office 4, of Vigo, with zip code 36203, Spain, and email info @ capturo .com, which is duly registered in the Mercantile Register of Pontevedra, in Volume 4.043, Folio 145, Section 8, Sheet No. PO-58.536.

ADIANTE owns a service that includes the website corresponding to the domain name www.capturo.com (hereinafter, the “Website”), the mobile application “CAPTURO” (hereinafter the “Application”), and all the elements that allow the provision of the service, hereinafter referred to jointly as the “Service” or the “Platform”, and which consists of a digital content platform that connects the creators with the companies and publishers, allowing an agile and efficient exploitation economic of original digital contents and first sources.

These terms and conditions of use (“Conditions of Use”) bind the User in the navigation and use of the Service. The hiring of these services requires the unavoidable registration of the User as a client and the acceptance of those present, as well as the corresponding Contracting Conditions that may be subscribed.

2. Users

For the access to the contents of the Service it is not necessary to register the User. Any User navigating the Website or downloading, installing and / or using the Application will have the status of User, accepting its Conditions of Use. Notwithstanding the foregoing, for the hiring of the services and / or products offered through the Service yes that will be necessary the registration of the User.

To carry out the registration procedure, the User must fill in the forms designed for that purpose provided on the Website or in the Application. The data entered by the User must be accurate, true, current and complete, being its responsibility to update it. The registered user is responsible for the custody of his password, assuming any damage or harm that may arise from an improper use, assignment, disclosure or loss of the same. The access to restricted or limited access areas and / or the use of services through a user profile will be understood to be made by the User who owns that profile, who must respond in any case to such access and use.

The User, once registered, may have the consideration of creator or editor, in accordance with the Contracting Conditions, if applicable. The User is responsible for the use of the Service. It also undertakes to make appropriate use of the services and content provided by ADIANTE through the Platform. With an enunciative but not limiting character, the User is obliged not to use them to spread xenophobic, pornographic or illegal content that may violate human rights, introduce computer viruses in the network, use third party accounts and, in short, to perpetrate the execution of any illicit activities, illegal or contrary to public order and good faith, as well as the publication of questionable content, nudity, pornographic material or abusive words at the risk of being deprived of access to the Service.

Likewise, the User agrees to respect the provisions of these Terms of Use and other notices, rules of use and instructions offered or accessible to Users.

3. Minors

The use of the Service is only intended for persons of legal age, with legal capacity to contract. In the event that the User is a minor, he or she must be over 17 years of age, and have the legal capacity to subscribe and accept the ADIANTE Service.

ADIANTE is in no case responsible for the accesses to which reference is made nor for the damages that may be caused by said accesses.

4. Veracity of the Data

The User declares that the information provided is truthful and undertakes to keep it updated at all times, assuming the responsibilities derived otherwise.

5. Exclusion

ADIANTE may deny or withdraw access by Users to the Platform, and, where appropriate, the services offered through it, to those users who do not comply with the Terms of Use.

6. Access to the “CAPTURO” Application

ADIANTE makes available to the User the mobile application “CAPTURO” for the provision of the Service through mobile devices. We offer the Application through the Application Store, in which we present information about the Service, including the description of the Platform, the features and features of the Application, the technical requirements required for its installation and use, User information to the which will be requested to access, etc.

The application can be downloaded and installed on devices that use the following operating systems: Android and iOS. The devices that support these operating systems comply with the necessary conditions for the proper functioning of the Application.

Once the Application has been downloaded, the User must proceed to register it, according to the instructions provided at each moment.

7. License to use the Application

By means of these Conditions of Use we grant the User a non-exclusive and non-transferable license, and for the period of duration established in these Terms of Use, to install and use the Application on a Device of its own, with the sole purpose of being able to make use of the Service. In no case may the User rent, lease, loan, sell, distribute or sublicense the Application to third parties.

Any use of the Application for a purpose other than that stated above will require the prior written authorization of ADIANTE. In particular, in a non-limiting manner, prior written authorization will be required to: (i) reproduce or transform the Application in order to detect errors; and (ii) make successive versions of the Application or of programs derived from it. In case of detecting errors, problems or deficiencies of the Application, the User can inform ADIANTE through the email address that appears in the header of this contract.

The User is not authorized to decompile, reverse engineer, decrypt or in any other way modify the Application and / or its source code. Notwithstanding the foregoing, the User shall be entitled to observe, study, and know the principles underlying the computer program interfaces, without prior authorization of ADIANTE, when said acts are necessary to allow the interoperability of another independently developed computer program. The use of the Application does not require the making of a backup copy, so the User will refrain from doing it.

All documentation related to the Service that we provide to the User (instructions for use, these Conditions of Use, etc.) are the property of ADIANTE. Through these Terms of Use, we grant the User a non-exclusive, non-transferable license for a worldwide geographical area and for the period of duration established in these Terms of Use, so that you can use the documentation for the sole purpose of using and enjoying the Service. , with the scope established in these Terms of Use.

The User undertakes to eliminate the Application of the Device prior to any transmission of the Device to a third party.

8. Characteristics of the Service

Through the Platform, Users may offer digital content or acquire the rights over them for exploitation, depending on whether they are creators or publishers, through an agile and efficient management and payment mechanism. Only registered Users may share the contents and access them by payment, in accordance with the corresponding Contracting Conditions established and subscribed with ADIANTE.

In order to improve the Service, ADIANTE may unilaterally modify, at any time and without prior notice, the Application or any other element of the Service, or its operational, technical and usage conditions. Likewise, the Users, in order to improve the Service, and the Application in particular, may suggest to ADIANTE those modifications they deem useful, as well as obtain any additional information or solve their doubts, complaints or suggestions, by contacting through of the email address that appears in the header of this contract, without this implying, however, the assumption of any obligation by ADIANTE.

9. Use of the Service

Users agree to use the Service in accordance with the law, morality, generally accepted good customs and current public order. The Users are obliged to abstain from using the Service for illicit purposes, contrary to the provisions of these Terms of Use, harmful to the rights and interests of ADIANTE or third parties, or that in any way may damage, or deteriorate the image or reputation of ADIANCE or to prevent the normal use or enjoyment of the services that are offered by ADIANTE through the Service.

The User may only use the Service for exclusively personal purposes and within the scope established in these Terms of Use.

In addition to the foregoing, in particular, but without limitation, the User will refrain from using the Service to:

a) harassing or disturbing third parties and / or violating their privacy and privacy;
b) impersonate the identity of other users or third parties;
c) spy on other users or third parties;
d) inform third parties about the location of other users;
e) undermine the reputation, image and honor of other users or third parties; Y
f) advertising purposes, in order to promote products, services or own activities or third parties.

The User will not carry out any activity that could cause damage to the Service and / or its operation and development.

In the event that the User is aware that a third party is carrying out any of the aforementioned conducts, we ask that you notify us through the following email address info@capturo.com, in order to adopt the measures timely.

ADIANTE reserves the right to block or eliminate the profile, as well as to undertake the pertinent legal actions, in the event that the User contravenes the provisions of these Conditions.

10. Security of the Platform

ADIANTE undertakes to implement the necessary security measures of a technical and organizational nature that are adequate and sufficient for the whole Service, in accordance with applicable legislation, to guarantee the security of personal data provided by the User, ensuring confidentiality and preventing its manipulation, deterioration or loss.

ADIANTE is not obliged to control the presence of viruses, worms or any other computer element that could be harmful or code of a destructive or harmful nature. It is up to the User to have and implement in his team the appropriate tools for the detection, protection and disinfection of malware or any harmful computer program.

Consequently, ADIANTE is not responsible for any damage that may occur on the devices of Users or third parties as during the provision of services offered through the Platform.

11. Intellectual Property of the Service

All the contents included in this Service, including, but not limited to, applications, designs, texts, logos, images and source code, as well as the contents that the creators have agreed to voluntarily incorporate into the Platform, and in accordance with The respective Contracting Conditions are protected by intellectual property rights. ADIANTE is the owner of the intellectual property rights, and / or has obtained the necessary authorizations or licenses for the use of the contents of the Website and the Application and the rest of the works or other contents related to the Service and the technology associated with the same. Therefore, said contents may not be used, communicated publicly, reproduced, distributed, transformed, made available or any actions that involve a violation of Spanish or Community regulations in the field of intellectual property, without prior and prior mediation. Express authorization of ADIANTE.

The User must refrain from circumventing any device arranged to guarantee the intellectual property rights of the contents of the Service.

ADIANTE may, in appropriate circumstances and under its sole discretion, terminate access and use of the Service to anyone who infringes intellectual property rights of third parties. If you consider that any user has committed infractions on intellectual property rights, and provided you are legitimated to do so, please communicate it through info@capturo.com.

12. Industrial property

It is expressly forbidden to use any trademarks, trade names, signs of establishments, names, logos, slogans or any other type of distinctive sign related to the Service and belonging to ADIANTE, without its prior written authorization.

13. Credits

In addition to the contents offered by the Users, this Service may use protected creations, both its own and those of third parties, always under authorization or license, and whose credits are the following:

Texts by ADIANTE DIGITAL, SL
Photographs by ADIANTE DIGITAL, SL
Videos of ADIANTE DIGITAL, SL
Music of ADIANTE DIGITAL, SL
Software of ADIANTE DIGITAL, SL
Personal image of ADIANTE DIGITAL, SL
Web design by ADIANTE DIGITAL, SL

14. Intellectual property of the contents

The User declares that he has obtained all the pertinent permissions, licenses or authorizations regarding the contents that he makes available in the Service. In the event that the User makes available to the Service content with respect to those who do not have said permissions, he / she would be solely responsible for it, having failed to comply with the provisions of this clause. Under no circumstances may ADIANTE be held liable.

15. Privacy policy

In compliance with the current regulations applicable to the protection of personal data, we inform you that all identifying data of a personal nature collected through this Service will be included in a file owned by ADIANTE with address at Avenida Hispanidad, number 67 – Office 4, of Vigo, zip code 36203, Spain, and NIF B27818178, that as the person in charge of the file, will treat the data with the sole purpose of providing the services offered through the Platform according to the purposes described herein, for which the User Grant your express authorization.

The legitimation of ADIANTE for the treatment of personal data collected through the Service is covered by the prior, specific, informed and unequivocal consent given by the Users to process their data for the purposes indicated above. Said data will not be assigned to any third party, except in the specific cases in which said transfer is legally covered by the current regulations, and can only be accessed by the staff of ADIANTE, as well as by those third parties that provide services to ADIANTE related to the aforementioned purposes.

All the data requested at the time of registering as Users of the Service are required. If you do not provide any of these data may be prevented from registering on the Service.

The User can revoke the consent for the processing of their data and exercise the rights of access, rectification, cancellation and opposition (ARCO rights) by directing a written communication to the following address: Avenida Hispanidad, number 67 – Office 4, Vigo , zip code 36203, Spain, attaching a scanned copy of the DNI or document proving your identity.

16. Cookies Policy

The owner of the Service uses cookies in order to collect information about the use of the ADIANTE Website.

Cookies are storage and data recovery mechanisms that are installed on your computer to enable the purposes expressed in this policy and offer the user a better browsing experience.

The browsing and use of the Service means that you consent to the installation of cookies on your device or device for the purposes stated herein. If you choose not to accept the use of our cookies, this may mean that the use of the Service is affected, or that certain functionalities cease to be operative, or even that navigation through this Service is not possible.

Types and purpose of cookies used:

A. Technical cookies: are those that allow the User to navigate through this Service and the use of the different options or services offered, such as controlling traffic and data communication, identifying the session, accessing parts restricted access, remember the elements that make up an order, perform the purchase process of an order, make the request for registration or participation in an event, use security elements during navigation, store content for the dissemination of videos or sound or share content through social networks.

B. Personalization cookies: are those that allow the User to access the Service with some predefined general characteristics based on a series of criteria in the User’s terminal, such as the language, the type of browser through which access the Service, the regional configuration from where you access the Service, etc.

C. Cookies of analysis: are those used by ADIANTE or owned by third parties and that allow the person responsible for them, the monitoring and analysis of the behavior of users of the websites and mobile applications to which they are linked. The information collected through this type of cookies is used in the measurement of the activity of the websites, application or platform and for the elaboration of navigation profiles of the users of said sites, applications and platforms, in order to introduce improvements in function of the analysis of the usage data made by the users of the Service.

D. Advertising Cookies: are those that allow the effective management of the advertising spaces that have been included in the Service, including the obtaining of navigation profiles that allow obtaining information about the User’s behavior. They allow the content of advertising to be adapted so that it is relevant to the user.

Configuration of cookies:

During navigation on the Website, the user has the option to allow, block or eliminate the cookies installed on their computer by configuring the browser options used. You can consult the instructions to configure the use of cookies in your browser through the following links:

Chrome: https://support.google.com/chrome/answer/95647?hl=en
Safari: https://support.apple.com/kb/ph21411?locale=en_US
Firefox: https://support.mozilla.org/en/kb/Delete%20cookies
Internet Explorer: http://windows.microsoft.com/es-es/internet-explorer/delete-manage-cookies#ie=ie-11

If you use another browser, you can obtain information on how to configure the use of cookies on your computer through the help of that browser. If you need our help to configure the cookies in this browser, please send us an e-mail to info@capturo.com and we will get in touch with you as soon as possible.

Changes:

When deemed appropriate, the owner of the Service may modify this policy, being the responsibility of the user to periodically consult the current policy at all times.

17. Transmission of Confidential Information through the Service

Any information sent by the User through the Service will be treated with its due confidentiality and respect. Notwithstanding the foregoing, ADIANTE may eliminate such information as inappropriate or offensive, as well as facilitate access to such information to the Courts and Competent Authorities that so require, provided that such access is in accordance with the applicable legal provisions.

ADIANTE may send commercial communications to Users, of whom there is prior authorization, of products or services similar to those contracted by them, by means of individual electronic communications (such as SMS or emails).

Similarly, any user wishing to exercise their rights of access, rectification, cancellation and opposition (ARCO), may do so by sending an email to the address info@capturo.com.

18. Technological limitations

We inform the User that, as a consequence of carrying out maintenance work, in certain cases there may be temporary interruptions of the Service.

We also inform the User that, in addition to those indicated above, there is a wide variety of factors that may affect the operation of the Service, such as, but not limited to, environmental conditions, network saturation, connectivity, third party software, etc. .

19. Links to our Website

The User may establish, in websites and third-party applications, links that direct the contents of the Website whenever it is evident that they are directing to a site other than the one where the links are located. Under no circumstances may the links be placed on a website or application with illicit, illegal and contrary to good faith. It is also not allowed to establish such links on websites or applications with a high sexual or violent content. In the same way, with an enunciative but not limitative character; no links may be made on websites or in applications with xenophobic, discriminatory, pornographic content or that in any way affect the dignity of the person.

20. Links to other websites

Links to third-party websites can be provided on the Website and in the Application. In case the user decides to use said links or hyperlinks, it will leave the Website or the Application. Since it is no longer on a website or application of our ownership, ADIANTE is not obliged to exercise any kind of control of these sites or their contents. The inclusion of a link does not imply endorsement by ADIANTE of the linked website or its content.

ADIANTE will not be responsible for the products, contents or services accessible through them or the actions or omissions of said third parties. Consequently, ADIANTE does not exercise any type of representation on the linked websites, nor on the information, software or other products or materials indicated in them, nor on any results derived from its use. If the User decides to access any of the linked websites, he will do so at his own risk and at his own risk and will be subject to the privacy policies and terms and conditions of said websites.

21. Exemption from Responsibilities

ADIANTE is not responsible for the quality and information of the contents offered by the Users in its Platform and in particular, will not be responsible for the quality and suitability of the contents offered by the creators in the Platform. ADIANTE is not responsible for the decisions made by Users as a result of the information present in the Service, regardless of their origin, or for any damages that may be caused to Users or third parties. The User will be solely responsible for the interactions that could have with the rest of users due to the provision of digital content.

ADIANTE will not be responsible for the speed, quality of navigation and use and access of the User to the Service, which will depend on the technical conditions that the User has contracted with their service provider. Therefore, ADIANTE will not be responsible for the impossibility, suspension or cancellation of access to the Service or the difficulties of connection to the communications network through which the User accesses the Service and the failures produced as a result of third parties. Neither will be responsible for the continuity and availability of the Service when it can not be guaranteed as a result of causes beyond ADIANTE.

22. Duration and termination

The contract between the User and ADIANTE has an initial duration of one (1) year. The Service will be renewed automatically for a period of duration identical to the Initial Period if the User does not declare the opposite at least thirty days (30 days) before the end of it.

ADIANTE reserves the right to terminate the Service with the User, under the conditions of contracting and without any responsibility. Through termination, the licenses and rights granted to the User by reason of these Conditions will be revoked.

The Platform may reserve the right not to allow access to the Service for the reasons of resolution and breach of the corresponding Contracting Conditions.

23. Modification of the Conditions of Use

ADIANTE reserves the right to modify the Conditions of Contract arranged in the Service, at any time and without prior notice, being the client’s responsibility to read it every time you contract the services provided through the Website or the Application. In any case, before contracting any of the services provided, the client must accept the Contract Conditions that are in force at that time, always having access to them at the time prior to contracting.

24. Written communications

The applicable regulations require that part of the information or communications that ADIANTE sends to the User is in writing. By accepting these Terms of Use, the User accepts that most of the communications with ADIANTE are electronic. ADIANTE will contact the User by email or posting notices through the Service. The User agrees to use this electronic means of communication and recognizes that all notifications, information and other communications that ADIANTE sends electronically comply with the legal requirements of being in writing.

25. Jurisdiction and applicable law

These Terms of Use shall be governed by the provisions of Spanish law, without prejudice to the legal regulations for the protection of consumers and users established in the country of residence of the User that may be applicable.

In the case of disputes arising from the services offered through the Platform, the parties expressly waive any other jurisdiction or jurisdiction to which they may be entitled, and agree to submit to the Courts and Tribunals of Vigo.

26. Customer Service

If you wish to contact customer service, you can do so through the following means:

Email
Sending an email to the address info@capturo.com.

CONDITIONS OF CONTRACT WITH THE EDITOR

1. Object

1.1. The object of this contract is the regulation of the service contract by which the company or publisher (hereinafter the “editor”) contracts ADIANTE DIGITAL, SL (hereinafter “ADIANTE”) to incorporate their data and acquire the digital content that could be made available by the creators through their computer system, with the purpose of being accessed through the website www.capturo.com and / or the application “CAPTURO”. hereinafter referred to collectively as the “Service” or the “Platform”, and by which through the establishment of a marketplace, the creator will connect with the companies and publishers, presenting a content offer in real time, and allowing to measure their performance and easily manage payment and billing for access to it.

1.2. All registered users of the ADIANTE Service are the publishers who can request and acquire any type of digital content offered by the creators of content (texts, videos, photography, etc.) for their exploitation, and which are offered on the Platform for its commercial availability.

1.3. By registering and using the services of the Platform, the publisher accepts these Conditions of Contract established by ADIANTE.

2. Data entry

2.1. The introduction of personal data of the editor will be done automatically and remotely, at your risk and under your sole and exclusive responsibility. The editor guarantees that the data he enters in the system are accurate, current, complete, and that they respond to reality.

2.2. ADIANTE will initially verify the identity of the publisher by sending a link to the email provided by the editor that will activate the account when it is accessed.

2.3. If the publisher uses the Service on behalf of a legal entity or company, he / she will be authorized to accept these Conditions on their behalf, which will govern the contractual relationship between ADIANTE and the entity.

3. Duration

3.1. This contract will come into force as of the date of registration in the Service by the publisher, and will last for one (1) year from the same.

3.2. The period of duration established above shall be automatically extended for successive annual periods, unless written notice of the publisher at least thirty (30) days before the annual expiration.

4. Intellectual property

4.1. Through the acquisition of digital content, the publisher may obtain from the creator the rights of reproduction, distribution, public communication, making available and transforming them, according to the conditions established and informed by the creator through the Platform.

4.2. The publisher will remunerate the Platform as consideration for the transfer in his favor of the exploitation rights indicated above.

4.3. The publisher will receive the commitment from the creator that he is the author of the content, which is original and that does not infringe intellectual property rights and others owned by third parties, being exempted by it from any claims.

5. Manifestations and responsibilities of the parties

5.1. ADIANCE obligations:

to. Put the necessary resources to ensure the proper functioning of the system that supports the Service.

b. To make available to the publisher the digital contents that it has acquired and request access and download in exchange for price.

5.2. The editor’s obligations will be:

to. Satisfy ADIANTE the price as consideration for the acquisition of the digital contents offered on the Platform.

b. Exploit the content downloaded on the Platform in accordance with the contract conditions and the specific conditions agreed upon with the creator.

c. Do not transfer to third parties the rights of reproduction, distribution, public communication, making available and transforming them, without the due authorization of the creator and ADYNATE.

d. Respect authorship and maintain the integrity of digital content obtained.

and. Save in a safe and effective way, and commit to not give to third parties, the password you have entered or that the system has provided, making sure that nobody can access it, putting the necessary means and the maximum effort.

6. Indemnity and limits of liability

6.1. The information provided to the system in each request for the Service is entirely the responsibility of the publisher.

6.2. The publisher will be solely responsible for the interactions that could have with the creators due to the content provided.

6.3. The publisher shall indemnify ADIANTE from any claim, damage or injury related to acts or omissions derived from the cession and exploitation of the acquired contents including, without limitation, any breach of the applicable legislation, such as intellectual property and protection of personal data. Likewise, the publisher undertakes to hold ADIANTE harmless from any liability to third parties and creators that may arise from the ownership and exploitation of the contents offered.

6.4. ADIANTE does not ensure that the content provided on the Platform is owned by the creator or complete. The contents will have the quality established by the creator. ADIANTE will not be responsible in any circumstance for any direct and / or indirect damage, consequence of the use of the Service by the publisher.

7. Price and method of payment

7.1. The publisher will pay ADIANTE a price for each access and download of digital content, made through the Platform for its acquisition and exploitation, according to the prices it has established with the creator.

7.2. The publisher will pay ADIANTE the amounts of the agreed rates, by means of any of the following payment systems, issuing the corresponding bill for the provision of services:

By credit or debit card
By Bank transfer.
Through Pay-Pal.
Any other system that may be foreseen in the future and is expressly established in these conditions.

ADIANTE guarantees that any of said means of payment will be safe for the publisher, explaining on the web and in the application the way of operating of each of said systems.

8. Confidentiality

8.1. The publisher undertakes to fulfill his confidentiality duties regarding the content and information to which he has access on the occasion of the execution of the contract, committing himself to keep total reservation on the terms thereof and, in particular, regarding its conditions economic, as well as not reveal it or make it available to third parties, without having obtained the prior written consent of the other party, except in cases where required by law, judicial decision or final administrative decision; not being able, therefore, to disclose it, transmit it, communicate it, copy it, reproduce it, or by any other procedure, assign it, during, or later, to the validity of it and subject it to the same security measures as those applied to the confidential information of other providers, publishers or content creators.

9. Data protection

9.1. Personal data protection

The editors are aware that access to the Platform and the acquisition of digital content for management and marketing implies a communication of data by the publisher.

On the other hand, ADIANTE is committed to:

to. Integrate the data received in files registered in the general registry of data protection for which it is responsible.

b. Treat the referred data only to comply with and execute this contract.

c. Apply the security measures legally required in accordance with the security regulations and with the Regulations for the development of the Organic Law 15/1999, of December 13, on the Protection of Personal Data, approved by Royal Decree 1720/2007, of December 21.

Each of the parties will be responsible, therefore, for compliance with the obligations that, in accordance with the regulations, are directly applicable and especially the legislation on Data Protection and any other regulations in force or that in the future come to replace and / or modify these.

9.2. Security measures

The parties agree that ADIANTE, as the person in charge of the file of the personal data object of the contract, will adopt the necessary technical and organizational measures that guarantee the security of such data and avoid its alteration, loss, treatment or unauthorized access, as established by current legislation on the protection of personal data.

The publisher will respond to ADIANTE of the actions or claims that are directed against it arising from the breach of the obligations assumed by the former in accordance with the data protection regulations for issues whose origin is prior to the date established in the contract.

10. Ownership of the Platform

10.1. All rights of intellectual and / or industrial property on the Platform, on the Service that it entails, the software that supports it, as well as on any elements incorporated to it and / or the materials and documents attached, whether printed or electronic, belong to ADIANTE and are protected by their corresponding registers and / or the laws and international treaties that regulate intellectual property rights. Nothing in this contract shall be considered as a transfer to the creator of any right over the Service, except for the faculty of access and use thereof in the terms and conditions established in the conditions of use of the Service and in these contractual conditions of use.

10.2. The publisher accepts that ADIANTE may include its name or its distinctive signs to promote the services of the Platform, in the case of being a legal person of any nature. If you are a natural person, you will obtain your express consent in writing before using your identity.

11. Restrictions on use

11.1. Unless ADIANTE expressly authorizes it, the editor can not:

to. Copy, reproduce, distribute or use the Service, the metadata or its documentation of it in any other way not specifically included in this contract;
b. Modify, adapt, translate, reverse engineer, decompile, disassemble or try to reconstitute the source code of the Platform in any other way, or create derivative works of the Service;
c. Assign, transfer, grant licenses, lease the Service or allow its use to a third party in any other way
d. Interfere with the Service in any way or attempt to access it using a method other than the interface and instructions provided by the Platform.

11.2. The strict non-observance by the publisher of the foregoing provisions will hold him responsible for any consequence arising from his breach, including any possible damage caused to the supplier or third parties.

12. Malicious software (malware)

12.1. The acquisition by the publisher of digital content through the Platform will be done by accessing the computer systems of ADIANTE. This system is backed by the relevant security certificates and protected by different filters and security measures to prevent the introduction of routines, computer programs or software that can be classified as adware, malware or malicious software by antivirus or antimalware programs.

12.2. However, the publisher will be responsible for monitoring that the contents acquired in the Platform are clean of any elements that could damage the system or the information it contains.

13. Suspension of Service

13.1. ADIANTE reserves the right to suspend or interrupt the Service at any time if it detects or considers that any actions of the publisher are or apparently can be fraudulent and / or may cause some damage to the system, to ADIANTE or to the content creators and other editors of the platform.

14. Termination of the contract

14.1. This agreement will terminate and be extinguished for the following reasons:

For having come to an end as established in clause 3 of these conditions, without having extended its validity.
For having reached the parties to an agreement regarding its extinction.
For breach of these conditions of contract by the publisher.

14.2. The parties may terminate this agreement if, if the other party is notified of a breach thereof, the breaching party does not proceed to rectify it within a period of thirty (30) days from the receipt of the notification.

Upon termination of the contract for any reason, ADIANTE undertakes to destroy any information provided by the publisher, with the sole exception of those data that are necessary for its own statistics and management up to date.

14.3. The following will be causes of non-compliance that will cause the resolution of this agreement:

to. On the part of the editor: the non-payment of the amounts in relation to the services contracted and / or provided through the Platform, as well as the breach of any other of their obligations imposed in these conditions.

b. On the part of ADIANTE: the non-performance of the contracted services, or the breach of any other of its obligations imposed in these conditions.

15. Expenses and taxes

15.1. The taxes derived from this contract will be paid by the parties according to the law.

16. Applicable legislation and jurisdiction

16.1. These Conditions of Contract will be governed and interpreted in accordance with Spanish legislation. For the exercise of any actions, exceptions and incidents may correspond to the parties by reason of the contract or by the laws that are applicable, both procedural and substantive, the parties expressly submit to the courts and tribunals of the city of Vigo , with resignation to its own jurisdiction and domicile, if they were others.

16.2. If there is any discrepancy, dispute or if any breach is alleged, both will work together in good faith to resolve the matter before going to the competent jurisdictional bodies.

The date of entry into force of these conditions of use is July 20, 2017.

CONDITIONS OF CONTRACT WITH THE CONTENT CREATOR

1. Object

1.1. The object of this contract is the regulation of the services contract by which the content creator (hereinafter the “creator”) hires ADIANTE DIGITAL, SL (hereinafter “ADIANTE”) to incorporate their data and offer through their computer system the digital content that could be created, with the purpose of being treated through the website www.capturo.com and / or the application “CAPTURO”, hereinafter referred to jointly as the “Service” or the “Platform”, and by which through the establishment of a marketplace, the creator will connect with the companies and publishers, presenting a content offer in real time, and that allows to measure their performance and easily manage the payment and billing for access to the same

1.2. Content creator is every user registered in the ADIANTE Service who creates and is the author of any type of content in digital support with sufficient novelty and originality (texts, videos, photographs, etc.), and which the Platform offers for its availability commercial for companies and publishers.

1.3. The creators will be all those users who make digital content available to the Platform due to their own initiative, for the commission of the Platform or the publisher and for their participation in contests and contests organized and regulated according to the corresponding bases established by the service.

1.4. By registering and using the services of the Platform, the creator accepts these Conditions of Contract established by ADIANTE.

2. Data entry

2.1. The introduction of the personal data of the creator will be done automatically and remotely, at your risk and under your sole and exclusive responsibility. The creator guarantees that the data he enters in the system are exact, current, complete, and that they respond to reality.

2.2. ADIANTE will initially verify the identity of the creator by sending a link to the email provided by the creator who will activate the account when accessing it.

2.3. If the creator uses the Service on behalf of a legal person or company, he / she will be authorized to accept these Conditions on his / her behalf, which will govern the contractual relationship between ADIANTE and the entity.

3. Duration

3.1. This contract will come into force from the date of registration in the Service by the creator, and will last for one (1) year from the same.

3.2. The period of duration established above shall be automatically extended for successive annual periods, unless written notice of the creator at least thirty (30) days before the annual expiration.

4. Intellectual property

4.1. By offering digital content, the creator assigns to ADIANTE, for a global territorial scope and to the fullest extent permitted by law, all copyrights as well as any other rights related to the contents, including merely enunciative and non-limiting, the exclusive right to produce, publish, reproduce, transmit, communicate to the public, make available, sell and distribute the content, in whole or in part, through any known means including, among others, digital and electronic media (such as audio books, electronic books, etc.), as well as the right to perform, by itself or by third parties, revisions thereof, derivative works, adaptations, summaries or translations provided that this does not violate the moral rights of the creators, the right to license and authorize third parties to proceed according to the above, and all their subsidiary and translation rights.

4.2. The availability of the content of the creator in the Platform will be produced effectively, after examination of its quality by ADIANTE, during the time that these Terms of Contract remain in force, in accordance with the duration established in the clause 3.

4.3. The transfer of rights may be extended, through consideration provided by ADIANTE in this contract, to all those publishers who may register as users of the Platform and who have an interest in the exploitation of the submitted content, in accordance with the conditions of exploitation that the creator could establish for its assignment in favor of the editors.

4.4. The creator states to ADIANTE that he is the author of the content by reason of its creation, and guarantees its originality and that it does not infringe intellectual property rights and others of ownership of third parties, exempting ADIANTE from any claims.

5. Manifestations and obligations of the parties

5.1. ADIANCE obligations:

to. Put the necessary resources to ensure the proper functioning of the system that supports the Service.

b. Compensate the creator in consideration for the digital content offered, based on the downloads made by the editors and the prices agreed upon.

c. Remunerate those creators who have participated and been awarded in competitions, according to the bases established by the Platform.

5.2. The following will be the obligations of the creator:

to. Lend their digital content under quality conditions and for exploitation by third parties.

b. To be exclusively responsible for the digital content offered on the Platform and to commit to comply with all the obligations derived from current legislation.

c. Commit to the digital contents that you enter in the Platform in any case:

Infringe copyright, trademark rights, business secrets or any intellectual or industrial property rights of third parties.
Violate the right to privacy, the right to one’s own image or any other right of third parties.
Contain false or inaccurate information.
They are discriminatory, illegal, malicious, obscene, fraudulent, defamatory, offensive, threatening and / or pornographic.
Reveal or provide information protected by any law or agreement.
Be confused about the business origin.
Contain viruses, trojans, worms, or any other component introduced in order to cause damage, interfere with the Service or intercept system or personal data.
Promote illegal activities of any kind.

d. Keep the original copy of the content transferred while the term of this agreement lasts.

6. Indemnity and limits of liability

6.1. The information provided to the system by the digital content offered is entirely the responsibility of the creator.

6.2. The creator will be solely responsible for the interactions that could have with the publishers due to the content provided.

6.3. The creator shall hold ADIANTE harmless from any claim, damage or injury related to acts or omissions derived from the ownership of the contents contributed to the Service, including, without limitation, any breach of the applicable legislation, such as intellectual property and protection. of personal data. Likewise, the creator undertakes to hold ADIANTE harmless from any liability to third parties and publishers that may arise from the ownership and exploitation of the contents offered.

7. Price and method of payment

7.1. The creator will perceive ADIANTE, by the cession of the rights over the digital content of its ownership, the following prices, in accordance with the following rates established by the Service:

to. In the case of content uploaded on its own initiative in the platform, the creator will receive a price for each access and download made by the publisher of the digital content of their ownership. ADIANTE will set, before the effective provision of content on the platform, a percentage of compensation of between 20% and 60% on the price paid by the publisher, and which will vary depending on the quality of said content transferred.

b. In the case of contents transferred to the platform due to orders made at the request of ADIANTE, the price will be set according to the conditions established in the corresponding contract.

7.2. The creators who offer content to the Platform for their participation in contests and contests organized by ADIANTE will receive as remuneration the prizes that could be established, in accordance with the bases approved and published by the Platform, and without prejudice to a possible assignment of contents for their exploitation by the publishers, according to the provisions of clause 4.1. and a remuneration fixed according to clause 7.1 of the present conditions.

7.3. ADIANTE will pay the amounts of the agreed rates, through any of the following payment systems, by issuing the corresponding service invoice:

Through Pay-Pal.
Any other system that may be foreseen in the future and is expressly established in these conditions.

ADIANTE guarantees that any of said means of payment will be safe for the creator, explaining in the web page and in the application the way of operating of each one of said systems.

8. Confidentiality

8.1. The creator undertakes to fulfill his duties of confidentiality regarding the content and information to which he has access on the occasion of the execution of the contract, committing himself to keep total reservation on the terms thereof and, in particular, regarding its conditions economic, as well as not reveal it or make it available to third parties, without having obtained the prior written consent of the other party, except in cases where required by law, judicial decision or final administrative decision; not being able, therefore, to disclose it, transmit it, communicate it, copy it, reproduce it, or through any other procedure, assign it, during, or later, to the validity of it and subject it to the same security measures as those applied to the confidential information of other providers, publishers or content creators.

9. Data protection

9.1. Personal data protection

The creators are aware that access to the Platform and the transfer of digital content for management and marketing implies a communication of data by the creator.

On the other hand, ADIANTE is committed to:

to. Integrate the data received in files registered in the general registry of data protection for which it is responsible.

b. Treat the referred data only to comply with and execute this contract.

9.2. Security measures

The creator will respond to ADIANTE of the actions or claims against it that are derived from the breach of the obligations assumed by the former in accordance with the data protection regulations for issues whose origin is prior to the date established in the registry.

10. Ownership of the Platform

10.2. The creator accepts that ADIANTE may include his name or his distinctive signs to promote the services of the Platform, in the case of being a legal person of any nature. If you are a natural person, your express consent will be obtained in writing before using your identity.

11. Restrictions on use

11.1. Unless ADIZE expressly authorizes it, the creator can not:

to. Copy, reproduce, distribute or use the Platform, the metadata or its documentation of it in any other way not specifically included in this contract;
b. Modify, adapt, translate, reverse engineer, decompile, disassemble or try to reconstitute the source code of the Service in any other way, or create derivative works thereof;
c. Assign, transfer, grant licenses, lease the Service or allow its use to a third party in any other way
d. Interfere with the Service in any way or attempt to access it using a method other than the interface and instructions provided by the Platform.

11.2. The strict non-observance by the creator of the foregoing provisions will hold him liable for any consequence arising from his breach, including any possible damage caused to the supplier or third parties.

12. Malicious software (malware)

12.1. The introduction by the creator of digital content in the Platform will be done by accessing the ADIANTE computer systems. This system is backed by the relevant security certificates and protected by different filters and security measures to prevent the introduction of routines, computer programs or software that can be classified as adware, malware or malicious software by antivirus or antimalware programs.

12.2. However, the creator will be responsible for monitoring that the information that you enter in the Platform is clean of any elements that could damage the system or the information it contains, so that the detection of any of these practices may entail the immediate denial of the Service. , the termination of the contract and / or the claim of the damages that such action, voluntary or due to lack of due vigilance, may have caused in the system.

13. Suspension of Service

13.1. ADIANTE reserves the right to suspend or interrupt the Service at any time if it detects or considers that any actions of the creator are or apparently can be fraudulent and / or may cause some damage to the system, to ADIANTE or to the editors and other content creators of the platform.

14. Termination of the contract

14.1. This agreement will terminate and be extinguished for the following reasons:

Upon termination of the contract for any reason, ADIANTE undertakes to destroy any digital content offered by the creator, with the sole exception of those data that are necessary for its own statistics and management up to date.

14.3. The following will be causes of non-compliance that will cause the resolution of this agreement:

to. On the part of the creator: the offering of content to the Platform that infringes intellectual property rights of third parties, as well as the breach of any other of its obligations imposed in these conditions.

b. On the part of ADIANTE: the non-performance of the contracted services, or the breach of any other of its obligations imposed in these conditions.

15. Expenses and taxes

15.1. The taxes derived from this contract will be paid by the parties according to the law.

16. Applicable legislation and jurisdiction

16.2. If there is any discrepancy, dispute or if any breach is alleged, both will work together in good faith to resolve the matter before going to the competent jurisdictional bodies.

17. Contests and missions

Unless and until specified in the contest or mission, the following terms would apply

TERMS AND CONDITIONS: Participation implies the knowledge and acceptance by the participant of these rules and conditions as well as those of the app. Any violation of the same or the procedures or systems established here for the realization of this contest will imply the immediate exclusion of the same and / or the revocation of the prizes.

17.1. ORGANIZER: The organizer of this contest is Adiante Digital S.L.
17.2. DEADLINE: The terms of this contest are indicated above.
17.3. ELIGIBILITY OF THE PARTICIPANT: All users of the application who reside in Spain and comply with the rules of the contest and terms of the app may participate.
17.4. WINNERS:The winner will be chosen by the organizer. When the organizer considers it appropriate and once the contest is over, the winner will be contacted by email. If the winner does not respond within 48 hours, they will lose the right to it. The organizer reserves the rights to eliminate the photographs that it considers inappropriate according to the conditions of the app or to declare the contest void at any time.
17.5. DISCLAIMER: – Neither Apple nor Google, directly or indirectly endorse, support or promote this contest in any way.

The date of entry into force of these conditions of use is June 20, 2017.