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The present document establishes the specific
terms of use of the Video diffusion service VIDEOCHANNELNET
(in ahead the SERVICE) lent by ESPAÑA ON LINE SERVICIOS
INTERACTIVOS S.L. (in ahead, EOL).
The use of the SERVICE supposes the express
acceptance of the CONDITIONS. For that reason IT IS
NECESSARY that the ASSOCIATE, before using the SERVICE, reads
the CONDITIONS kindly.
1.- SPACE ON THE SERVERS
The SERVICE yields SPACE on the Servers of
ESPAÑA ON LINE SERVICIOS INTERACTIVOS S.L. in order to lodge
the videos of the ASSOCIATE.
2. CENSORSHIP
EOL reserves the right TO CENSURE and/or to suppress
the videos that harm the intellectual property (or with copyright)
of third and/or archives of videos with songs subject to copyright.
3. REGISTRY.
To be a registered user (ASSOCIATE) of
service he user must fill in the registration form and once
the ASSOCIATE is registered as user of the SERVICE,
he will be able to upload videos, having to select the category
in that he wants the video been classified. The address
of the videos to include in other Webs will be of the type: http//viajes.videochannelnet.com/
4. UTILIZACION del SERVICIO.
The ASSOCIATE has a compromise to :
a) Use the SERVICE according to the law, the moral, the public order
and the CONDITIONS, as well as not to use the SERVICE to make
illicit or crime constituent activities and/or that infringes
the regulation on intellectual and industrial property or any
other applicable legal ordering.
b) To not include videos with any type of information,
element or content that supposes a violation of
rights of intellectual and industrial property, clear, marks,
copyright that corresponds to EOL or to third parts.
c) Not include unauthorized ads in the videos, creating traffic
redirections to others webs or insertion of advertising banners
of any type inviting to enter others webs.
d) Include Videos that do not imply the violation of rights
of third parts legally recognized.
e) To NOT include in the Videos any type of information related to
illegal activities, and specially, the infantile pornography.
5. EOL RESPONSIBILITY.
With general character, the ASSOCIATE accepts
that once authorized a video by EOL, this will not be
responsible for the exactitude, legality, quality, reliability,
correction, morality of the data, programs, information or
opinions, images or any element contained in the videos of the user.
On the same way EOL will not be responsible for infractions committed
by any ASSOCIATE, that attempt against the rights of another user
of the Internet network, including the rights of intellectual or
industrial property, patents, marks, protection of personal data,
confidential information and copyright.
6.- ACCESS TO the USERS SERVICE
EOL will all the tools to guarantee the permanent
access to the lodged videos and the backup accomplishment of the
same ones. However, EOL will not be responsible for the impossibility
of access to the service, the loss, elimination and/or modification
of the videos nor of the impossibility of recovery, incomplete
or not updated recovery of the information contained in the videos.
EOL reserves the right to interrupt the operation of the SERVICE
for maintenance tasks, update and reparations. The user declares to
know that the speed of data transmission in the Internet network
is variable and it's possible that the network service can have traffic
saturation for periods of time, with the consequent affection in the
speed of operation or the access to the SERVICE.
7. CONTENT RIGHTS
All the contents, elements images, information,
applications and/or programs to which the user can accede through our SERVICE
are subject to rights of industrial and intellectual property, patents, marks,
copyright of the own EOL or third holders. The access to these contents
or elements through the SERVICE does not grants the user the right
of alteration, modification, operation, reproduction, distribution or
public communication or any other right that correspond to EOL
and/or the holder of the affected right. The user commits itself
to use the contents and/or elements to which he accedes through
the SERVICE for his own use and necessities, and not to make in no
case a commercial, direct or indirect operation of such. In relation
to any VIDEO that the ASSOCIATE decides to insert in VIDEOCHANNELNET,
the ASSOCIATE grants to EOL the right to show this VIDEO world-wide
level through VIDEOCHANELNET.
7. PERSONAL DATA.
Any personal character data that the ASSOCIATE
provides for the use of the SERVICE will be subject to the
established thems in the Policy of Data Protection of EOL.
8. CANCELLATION OF ASSOCIATE SUBSCRIPTION.
EOL can cancel the subscription of an ASSOCIATE
or suppress part or the totality of their videos, at any time
and without previous warning, in the following assumptions :
- In case the use of the SERVICE by the ASSOCIATE
can be considered, in opinion of EOL opposite to the CONDITIONS.
- In case the use of the SERVICE can be considered, in opinion of EOL
that harms or can harm the interests of other users of the service
or those of third users of the Internet network.
- In case the use of the SERVICE can, in opinion of EOL to be opposite
to the VIDEOCHANNELNET activity, its collaborators or external
information suppliers.
- In case the use of the service can, in EOL opinion, to put in
danger or to harm the technical viability of the SERVICE.
9. PROCEDURE IN CASE OF VIOLATION OF RIGHTS
OF INTELLECTUAL PROPERTY
A.- Supposing that any interested user or third considers
that some of the contents of a video lodged by VIDEOCHANNELNET
harms his rights of intellectual or industrial property, he
will send a notification to info@videochannelnet.com, or to
the fax number +34 966800174 with the following information:
a) Full name, mailing adress and email of the affected
or, in its case, of the authorized person to act in its name,
indicating the title by virtue of which shows the presentation
(in ahead, the claimant).
b) Declaration of the claimant in which to afirm to be
the holder of the rights supposedly infringed, including
its phisical ordigital signature.
c) Precise description of the contents protected by the
rights of intellectual property supposedly infringed,
as well as their exact location, within the video or
videos at issue.
d) Express declaration from the claimant reclamante of
which the use of the contents has been made without the
consent of the holder of the rights supposedly infringed.
If infractions in several videos lodged by VIDEOCHANNELNET
were detected the claimant will make a communication by
each one of the videos.
B.- When EOL detects the existence of the indicated assumptions
in fact in the previous paragraph, either by their own means
or by means of notification of a third user, the following
measures will be undertaken :
a) To contact with the video holder communicating the
existence of the infraction that in opinion of EOL or of
third is committing with its acts. When the information of the
supposed infraction comes from third person, EOL will enclose
the received notification. In case of conflict arisen between
both, EOL will communicate, as well the claimant as to the
holder of the video that, in margin of the measures taken by EOL,
the litigation will have to be accorded on the courts.
b) EOL will grant to the holder of the video a term of
5 days to makes the allegations that it considers opportune.
c) In case of not receiving answer, EOL reserves the right
to eliminate, the video/s affected. In case of receive within
term the allegations of the user, EOL will decide on the
convenience or not to eliminate, the video and/or
suppress the subscription of the ASSOCIATE.
d) Next, EOL will contact with the claimant, informing the
result of the procedure. If the supposed infraction is
not sufficiently proven, EOL reserves the possibility of
not taking measures unilaterally until the conflict is not
solved by the competent authority.
C.- In case that the claim comes from an
authority or public organism, court or police, fulfillment
to the order will be taken, without damage of the faculty
of EOL to eliminate the video and/or to suppress the
subscription of the ASSOCIATE.
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In order to include Videos in our service or
to recommend videos to third persons it is necessary that the
user has provided previously some personal character data and be
registered like ASSOCIATE. Except the marked field, the answers
to the questions about personal data are voluntary. If these
questions are not answered, it doesn't implies a decrease of the
quality or amount of the corresponding services, unless it's expressly
indicated.
These personal data will be incorporated to
an automated file under EOL responsibility, in agreement with
the article 4 of the Law of Data Protection.
Also, the ASSOCIATE is informed about the automated
treatment of the data which EOL as a result of their request,
for the purposes of commercialization of products or services
of EOL as well as of the maintenance of any relation
with the ASSOCIATE.
The ASSOCIATE is also informed about the possibility
of exerting the rights of access, rectification, cancellation and
opposition, in the terms established by the law, being able to write
to the following email address: info@videochannelnet.com
o or by post: C/ Principe de Vergara 57 - Bajo C- 28006 Madrid -
ESPAÑA ON LINE SERVICIOS INTERACTIVOS S.L.
EOL guarantees that it has the opportune security
measures are been taken on the data centers, file systems, as well
as the confidentiality of the personal data.
EOL will reveal to the competent public authorities
the personal data and any other information accessible if required
in accordance with the law.
EOL asks for their express authorization
to make the indicated treatment in the previous paragraphs.
However, if you do not wish that this treatment is made, you can comunite
to the following address:
Principe de Vergara 57 - Bajo C- 28006 Madrid - ESPAÑA
ON LINE SERVICIOS INTERACTIVOS S.L. We informa that, according to the law,
if we did not receive notices we will understand the mentionend consent
is granted. The acceptance that the data can be treated or be yielded in
the form established in this paragraph always has stuccoable character,
without retroactive effects.
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