1. Your relationship with Weedly
1.1 The use of the website Weedly (the Web Site) and all it’s products, channels, software, data feed and services, including the embedded video player (Weedly’s Video Player) that Weedly facilitates in, from or through the Web Site (jointly named the “Service”) is subject to the conditions of a legal agreement between you and Weedly. Weedly is a brand belonging to Sistemas de Fidelización Citiworld S.L with address at Paseo de Reding, 43, 29016 Malaga, Spain.
1.3 The Terms and Conditions constitute a legally binding contract for you and Weedly pertaining your use of the Services, therefore it is important that you read them thoroughly.
1.4 The Terms and Conditions are applicable to every user of the Service, including users that provide content in the Service. “Content” includes text, software, scripts, graphics, photographs, sound, music, videos, audiovisual combinations, interactive functionalities, and other material that one can view in, or access via, or add to the Service.
2. Acceptance of the Terms and Conditions
2.1 In order to use the Services, you must first agree to the Terms and Conditions. You cannot use the Service without first accepting the Terms and Conditions
2.2 You accept the Terms and Conditions by using the Services. You recognise and accept that Weedly considers that the use of the Services constitutes the agreement to the Terms and Conditions from the beginning of said use.
2.3 You may not use the Service nor Accept the Terms and Conditions if (a) you have no legal capacity to honour the binding agreement with Weedly, or (b) you are banned or legally excluded from the reception or use of the Services, in virtue of the legislation of your country of residence or from where you are accessing or using the Services.
2.4 We recommend that you print the Terms and Conditions or save a local copy in your files..
3. Changes in the Terms and Conditions
Weedly reserves the right to modify the Terms and Conditions at any time, in order to, for example, apply changes in the law or normative, or changes in the functionalities offered by the Service. For this reason, you must revise the Terms and Conditions regularly so as to be aware of said modifications. The modified version of the Terms and Conditions (Modified “Terms and Conditions”) will be available within the service. If you are not in agreement with the Modified Terms and Conditions, you must cease using the Service. Your continued use of the Service after the Modified Terms and Conditions are published constitutes your acceptances of the Modified Terms and Conditions.
4. Weedly Accounts
4.1 In order to access certain functions of the Web Site or other elements of the Services, you must open a Weedly account. When opening the account, you must provide certain information that must be correct and complete. It is important that you keep your password and Weedly account safe and confidential.
4.2 You must immediately notify Weedly of any breach of the security normative or any non-authorized use of your Weedly account that you are aware of.
4.3 You accept full responsibility (before Weedly or third parties) for all activity in your Weedly account.
5. General restrictions of use.
5.1 Weedly authorizes your access to and use of the Services, subject to the specific conditions that will be described in the following paragraphs, and you accept that to neglect any of these conditions will constitute a breach of the present Terms and Conditions on your part:
1.You are obliged to not distribute any part of the Web Site or Services, including the expository, not limited to, the Content, via any media without the prior written consent of Weedly with exception to Weedly providing the means for you to distribute as a functionality offered by the Service (such as Weedly’s video player);
2.You are obliged to not alter or modify any part of the Web Site or Services (including the expository, not limited to, Weedly’s Video Player, and it’s related technologies);
3.You are obliged to not access the Content using any technology other than that which is offered by the pages of the Web Site, the Weedly Video Player or any means that Weedly specifically designates;
4.You are obliged to not elude, deactivate or manipulate in any form (or attempt to elude or manipulate) the security functions of the Services or other functions that that (i) impede or restrict the use or copying of the Content, or (ii) apply limitations to the use of the Services or of the contents that are offered through the Services;
5. If you use Weedly’s Video Player in your web site, you may not modify, be based on or block any part or functionalities of Weedly’s Video Player included, but no limited to, the return links to the Web Site;
6. You are obliged to not use or activate any non-authorized systems (including, but not limited to, any bots, spiders or offline readers that accesses the Service and sends more requests to Weedly’s servers in a determined time frame than any physical person could reasonably produce in the same time frame using a general and publicly available web browser (namely, not modified);
7 .You are obliged to not gather personal data of any of the users of the Web Site or the Services (including Weedly account names);
8. .You are obliged to not access the Content for any purpose other than personal, non-commercial, use uniquely conforming to the intended purpose allowed by the normal operation of the Services, and uniquely for Streaming. “Straming“ is a contemporary digital transmission of material by Weedly, via Internet to a device operated by a user and enabled for internet in such a way that the intention is for data to be viewed in real time and not downloaded (both temporarily and permanently), copied, stored or redistributed by the user, without express permission from Weedly.
5.2 You are obliged to honour all the Terms and Conditions and Rules of Weedly’s Community at all times when using the Services.
5.3 Weedly authorizes public search engines to use spiders to copy material from the site exclusively in order to create search indexes of the available material for the general public. Said material cannot be saved in cache or other archives. Weedly reserves the right to revoke these exceptions in a general or specific fashion.
5.4 Weedly is under constant innovation in order to offer it’s users the best possible experience. You accept and recognize that the fashion and nature of the Services offered by Weedly may vary at any given time with no need for prior warning.
5.5 As a part of this constant innovation, you recognize and accept that Weedly may have to interrupt (permanently or temporarily) the Services (or any of the functions) to you or the users in general as a consequence of operational requirements such as those related to security of the Services, your own security as a user, or required maintenance of the Services. You may cease to use the Services at any time and are not obliged to inform Weedly specifically.
5.6 You recognize yourself as the sole person responsible (so Weedly takes no responsibilities before you or third parties) for breaches of the obligations described in the Terms and Conditions and of the consequences (including any losses or damages in which Weedly may incur) derived from said breaches.
6. Copyright policy
6.1 Weedly applies a clear copyright policy in relation to Content that allegedly breaches a third party’s copyright.
6.2 As a part of Weddly’s copyright policy, Weedly will cancel access to the service to any user considered a repeat offender. A repeat offender is the user that has been notified of offending activity more than twice.
7.1 As a Weedly account holder, you may send Content. You understand that, irrelevant from said Content being published, Weedly does not guarantee any type of confidentiality with regards to the content.
7.2 You will remain the title holder of rights regarding your Content, although you must give certain limited rights in favour of Weedly and other users of the Service. These rights are described in epigraph 8 of the present Terms and Conditions (Rights that you grant under license)
7.3 You recognize and accept that you are the sole person responsible of your content and of the consequences of it’s publication. Weedly does not subscribe to any Content or opinion, recommendation or advise expressed within. Expressly excluding any responsibility relative to the Content.
7.4 You manifest and guarantee that you are the title holder (and will continue to be so throughout your use of the Services) of all licences and all rights, consents and permits required in order to allow Weedly to use your Content as part of the Service and for any other end in agreement with the Service in the present Terms and Conditions.
7.5 You declare that your conduct in the Web Site (and the content of all your Content) will honour the Rules of the Weedly Community, in it’s current version, at all times.
7.6 You are obliged to not publish or upload any Content of you possessing any material that is demonstrably illegal in your country of residence.
7.7 You are obliged to only provide Content to the Service that does not contain material subject to intellectual property rights of third parties or material subject to other third parties’ industrial property rights (including exclusivity or publicity rights), unless the legal title holder of said rights has granted you a formal licence or authorization, or you are legally authorised in any other way, to publish said material and to grant Weedly the licence mentioned in epigraph 8.1.
7.8 With the knowledge of any breach of these Terms and Conditions, Weedly reserves the right (but is not under any obligation) to decide if the Content honours the requirements of the content stipulated in the present Terms and Conditions and may eliminate said Content and/or cancel the access of any User to upload Content that breaches the present Terms and Conditions at any time, with no need for prior notification and at it’s own exclusive choice.
7.9 Likewise, you recognize and understand that by using the Services, you may be exposed to Content that is objectively imprecise, offensive, indecent or questionable to you. In virtue of the present document, you renounce to exercise any legal right or action or equivalent against Weedly with regards to any Content.
8. Rights that you grant under license.
8.1 By uploading or publishing Content in Weedly, you are granting:
1.in favour of Weedly, a non exclusive, royalties exempt and transferable (with rights to sub-license) world license tu use, reproduce, distribute, carry out works derived from, show and execute Content with relation to the Services provided and the operation of the Service (and derived works) in any format and via any channel of communication.
2. in favour of any user of the Service, a non exclusive, royalties exempt world license to access your Content through the Service, and to use, reproduce, distribute, carry out works derived from, show and execute said Content in the measure permitted by the functionality of the Service and in agreement with the present Terms and Conditions.
8.2 The licenses that were granted regarding the videos of the User will be cancelled when you eliminate or delete your User Videos from the Web. The licenses granted by you regarding the Comments of the Users are of a perpetual nature and irrevocable, with no prejudice of your property rights, of which the ownership corresponds to you at all times, in conformity of that which is stipulated in epigraph 7,2.
9. Weedly Content on the Web Site
9.1 With exception of the Content that you provide the Service, all other Content is the property of Weedly, or to Weedly will correspond, in virtue of a license, and will be subject to property rights, brand rights and other industrial or intellectual property rights or to Weedly’s licensors. All commercial brands and services of third parties present in the Contents that are not published or uploaded by yourself will be commercial brands and services of the respective owners.
9.2 Said Contents can not be downloaded, copied, reproduced, distributed, divulged, shown, sold, granted under license or exploited for any other means without the prior, written consent of Weedly or Weedly’s licensors, if applicable. Weedly and it’s licensors reserve all rights that have not been expressly granted with regards to their Content.
10. Links in Weedly
10.1 The Services may include Hyperlinks to other web sites that are not owned or controlled by Weedly. Weedly does not control the content, privacy policies or practices of the web sites of third parties and takes no responsibility for them.
10.2 You recognize and accept that Weedly will not be made responsible for the availability of external web sites or resources, and does not subscribe to any publicity, products or other material offered via said web sites or resources.
10.3 You recognize and accept that Weedly will not be made responsible for losses or damages that you may incur as a consequence of the availability of the aforementioned external web sites or resources, or as a consequence of the credibility that you provide to the thoroughness, precision or existence of any type of publicity, products or other material offered through said web sites or resources.
11. Termination of your relationship with Weedly.
11.1 The Terms and Conditions will remain applicable until finalization by request of yourself or Weedly according to the following rules.
11.2 If you wish to resolve your legal contract with Weedly, you may do so by (a) notifying Weedly at any time and (b) closing your Weedly account. Your notification must be sent, in writing, to the address mentioned at the beginning of the present Terms and Conditions.
11.3 Weedly may resolve it’s legal contract with you at any time if:
1.You breach any of the rules included in the Terms and Conditions (or act in a manner that clearly suggests that you intend to do so or if you will not be able to honour that which is stipulated in the Terms and Conditions); or
2. Weedly is obliged to do so by law (for example, when to offer you the Services is, or becomes, illegal); or
11.4 Weedly may resolve it’s legal contract with you if:
1. Weedly ceases to provide the Services to the users of your country of residence or from where you use the Services; or if
2.providing the Services to you ceases to be, in Weedly’s opinion, commercially viable.
And in any of these cases, (A) and (B) of clause 11.4, said resolution must be reasonably notified.
11.5 With the resolution of the present Terms and Conditions, all the legal rights and obligations that correspond to both you and Weedly (or that have arisen during the validity of the Terms and Conditions), or of which the validity must continue indefinitely, will not be affected by said resolution, and the rules included in epigraph 14,5 will remain applicable to said rights and obligations indefinitely.
12. Exclusion of Guarantees.
12.1 Nothing stipulated in the Terms and Conditions will affect the legal rights that assist you at all times as a consumer and with regards to them cannot contractually pact any modification or renunciation.
12.2 The service is offered “as is” and Weedly does not guarantee or manifest before you any guarantees.
12.3 In particular, Weedly does not manifest or guarantee that:
1.your use of the Services fulfils your requirements,
2.your use of the Services will be uninterrupted, punctual, secure or free of errors,
3.the information that you obtain as consequence of your use of the Services is correct or trustworthy, or
4. that operative defects or defects of the functions of any software provided by the Services, be corrected.
12.4 No guarantee or condition (including any implicit guarantees to satisfactory quality and adaptation to a specific end or description) will be applicable to the Services except those expressly stipulated in the Terms and Conditions.
13. Responsibility limits
13.1 Weedly will not be responsible before you for:
1.indirect or derived losses in which you may incur, including any loss of benefits (regardless of if they originated directly or indirectly), loss of business funds or corporate prestige, or loss of data for you.
2.losses or damages in which you may incur as a consequence of:
1.The credibility that you provide to thoroughness, precision or the existence of any advertising material, or as a consequence of any relationship or operation between you and any publicist or sponsor who’s publicity appears in the Services;
2.any change that Weedly introduces regarding the Services, or the permanent or temporary cease of the Services (or any of tit’s functions);
3.the elimination, corruption or failure in the storage of any Content or other communication data maintained or transmitted through your use of the Services;
4.your failure to provide Weedly with precise account information;
5.your failure to maintain you account details or password secure and confidential.
13.3 The limits of responsibility of Weedly before you included in the epigraph 13.2 will be applicable independently from any warnings to Weedly that took or should have taken place of the possibility of said occurrence.
14. General Rules
The Terms and Conditions constitute a full legal agreement between you and Weedly, they govern the use of the Services and substitute any prior agreements between you and Weedly with regards to the Services. Any other terms and conditions of service of Sistemas de Fidelización Cityworld S.L and any of it’s platforms at any time are expressly excluded from the Terms and Conditions.
14.2 You accept that Weedly may send you notifications, including those related to the changes in the Terms and Conditions, via e-mail, mail or by publishing said modifications in the Service.
14.3 14.3 All notifications regarding your right of access, modification, rectification, and deletion of your personal data must be sent by registered mail to Sistemas de Fidelización Citiworld S.L, Paseo de Reding 43, 29006 Malaga, Spain or to the following e-mail address: firstname.lastname@example.org
14.4 You accept that in case of Weedly not exercising any legal right or action provided in the Terms and Conditions (or those corresponding by virtue of the applicable legislation), will not constitute a formal renunciation of Weedly’s rights, said rights and legal actions will prevail for Weedly.
14.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions which will remain valid in every aspect.
14.6 You recognise and accept that every member of the societal group, of which Weedly is a part, are third party beneficiaries of the Terms and Conditions and said society has the right to demand, directly, the fulfilment of any rule of the Terms and Conditions where a beneficiary can be considered (or any right in their favour). Aside from the aforementioned society, no other person or society will be the beneficiary of the Terms and Conditions.
14.7 The Terms and Conditions and your relationship with Weedly according to the present provision, is ruled by the laws of Spain. Date: September 14th, 2106.