Terms & Conditions
DEAR USER WE ASK YOU TO PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING THE SERVICE PROVIDED BY THINGSER. THESE TERMS AND CONDITIONS OF USE ESTABLISH THE TERMS AND CONDITIONS LEGALLY BINDING FOR USING THE WWW.THINGSER.COM WEBSITE (THE 'WEBSITE') AND SERVICES, CHARACTERISTICS, CONTENTS, APPLICATIONS OR WIDGETS OFFERED BY THINGSER (JOINT WITH THE WEBSITE, THE 'SERVICE')
Application Ownership/ Website Ownership
The THINGSER services, (from herein the 'Application' or the 'APP'), is owned by Thingser Limited (from herein, 'Thingser).
The agreement of these conditions assigns the agreeing party the condition of User of the aforementioned services. Therefore, it implies the full agreement on each and every condition legally binding at the moment of the user registration and Application download, without any exception. Thingser keeps the right to modify these Terms and Conditions of Use at any time, being the User therefore obliged to periodically revise the Conditions in force and meet the obligations established on each version in force at any time.
The use of our services, download and use of the Application is addressed to people over THERTEEN(13) years old. Should the legislation of the country where the Services and Application is in use establish an inferior or superior age than the one before mentioned, the User will have to meet those requirements and abstain from installing, executing or use of the Services and Application otherwise. The Services and Application are not addressed to people under 13 years old. Thingser does not voluntarily collect information of underage people. Should Thingser have knowledge that a person under 18 years old has provided personal data for the download and use of the Application, will proceed to delete such information as well as the underage
When the User registers in the Service and Application, it is voluntarily providing Thingser certain type of information, among others, its name, profile picture and the electronic mail address details used at the time of registering.
The User may also register in the Application using its Facebook account. In this case, the User concedes a permit for Thingser to obtain and keep certain information from the User's Facebook account. The User can, at any time, determine the type of activities to be shared in Facebook.
At all times, the User has knowledge of and agrees on the fact Facebook INC and Thingser are independent companies.
All content, whether it is public or privately sent, is exclusive responsibility of the owner who originated such content. Thingser cannot guarantee the authenticity of the Content or data Users can publish themselves.
The User hereby confirms having knowledge that all Content used when accessing the Service is at its own risk, it will also be hold solely responsible for any damage or loss happening to the same User or Others due to its usage.
Content and Use of Thingser
The Service includes Content especially provided by Thingser and such Content is protected by copyright, commercial brands, service brands, patents, commercial secrets or any other property rights and laws applying. The User will meet and keep all notices, information and copyright restrictions included in the Content accessed to through the Service. Thingser concedes the User an Application installation and execution license which main characteristics are detailed as follows:
The installation and execution of the Application is free of charge. It is therefore prohibited any commercial use, resale, distribution or any form of commercialization by the User or by any Third Party without a previous authorization issued by Thingser.
The User must accept the necessary Facebook permits in order to transfer personal details to Thingser, as well as the installation and execution of the Application. In some occasions Thingser will be able to ask for additional permits to pursue some action or to enjoy determined functions. Should some permits needed for the correct functioning of the Application not be accepted by the User, it could have consequences such as the suspension of services.
The Application will allow the User different actions, among them:
a) The public Identification and publication of public places or establishments the User is at any time, sharing this information with the rest of the Application Users. b) Sharing with the rest of the Application Users information, images, photographies, sound and planning as well as any other data or personal information stored in the Application or in the User's device.
c) The Application can, in certain cases, allow for the User to share its information or special contents solely with certain Users.
d) The joint of the Application with other social networks will also allow the User sharing its information and contents with people who are not registered Users of this Application. This is made possible through the profiles of such social networks.
Thingser can use Publications made by the User and they can be used in different manners relating to the Website, Service and Thingser Business as determined by Thingser and at its entire discretion, showing them publically, reformatting them, including them in marketing material, publicity and other creations, creating those derived from them, promoting and distributing them, etc. When the User sends publication to the website or through the Service, the User concedes and will concede Thingser a worldwide license, non exclusive, free of royalties, totally paid for, sublicensing and transferable so as to use, copy, edit, modify, reproduce, distribute, prepare related jobs, show, execute and explore the User's Publication in relation to the website, the Service and Thingser business (and its successors and cessionaries), among other material related for the promotion and redistribution of part or the totality of the Website (and derived assignments) or the Service in any multimedia format and through any multimedia channels (including, among others, websites and Third Party feeds).
The User declares and guarantees that owns all rights to concede such license without infracting neither violating Third Party rights, including privacy, publicity, copyrights, contractual rights or any other intellectual or ownership rights.
The User understands that all information, whether public or privately published through the Site is exclusively responsibility of the person originating that Content. Thingser is not responsible of any error or omission in the Content neither guarantees the identity of the rest of the Users with whom the User can interact while accessing the Service.
Rules and Conduct
The User hereby agrees on not using the Service intending any purpose prohibited by these Terms and Conditions of Use. The User is responsible for all activity related to the Service. Furthermore, the User will have to comply with all the applicable local, state, national and international laws and rules.
In order to exemplify, and not to limit, the User will not allow any Third Party to use, upload, download, publish, send or any other kind of distribution or way which can facilitate the distribution of the Service Content or through itself, including among other, User publications which:
Infringes a patent, commercial brand, commercial secret, copyright, publicity right or any other right of any person or entity which violates a law or contractual right; The User has the knowledge of it being false, misleading or inaccurate;
If it is illegal, threatening, insulting, hostile, libel, slander, misleading, fraudulent, privacy invasive, aggravating, obscene, vulgar, pornographic, offensive, profane, contains or represents nudity, contains or represents sexual activity, promotes intolerance, discrimination or violence. The adequacy of content is determined at Thingser's discretion.
When it constitutes unauthorized or non requested publicity and unrequested or massive email ('spam');
When it contains computing virus or other computing codes, archives, warms, logic bombs or programs designed or destined to interrupt, damage, render useless, limit or interfere with the good operation of any software, hardware or telecommunication equipment, or to damage or obtain not authorized access to any system, data, password or any other information belonging to Thingser or Third Party.
When it reflects theft of personal or entity identity, including Thingser employees or representatives.
When it includes documentation regarding identity or personal confidential financial information or when it violates the Privacy Regulation and/or any other rule or regulation included in this document.
Thingser supports zero tolerance regarding child pornography, and will eliminate and report before the competent authorities any User publishing or distributing such material. Furthermore, the ban includes the use of photographs containing private information. You will not be able to directly or indirectly:
To do anything imposing or that could impose a disproportionately large load within Thingser's infrastructure, as discretely determined by Thingser.
To interfere or try to interfere with the Service's good functioning or with any other activity performed within the Service.
To avoid any measures Thingser may put in place to prevent or restrict access to the Service (or other accounts, computing systems or networks connected to the Service); To execute any self-reply format or 'spam' in the Service;
To use software, devices or other manual or automatic processes in order to track any page of the Site.
To collect or extract Service Content;
To modify, adapt, confiscate, reproduce, distribute, translate, create related assignments or adaptations, show publically, reproduce, reutilize, sale, commercialize or exploit in any other way the Service or Site Content, except otherwise authorized by Thingser;
To decipher, decompile, disassemble, perform inverse engineering neither to derive a source code or subjacent ideas or algorithms from any part of the Service (including among other, any application or widget), except on the case the applicable laws somehow have a specific prohibition on such restriction.
To copy, rent, lease, distribute or transfer any of the rights acquired in this document.
Thingser keeps the right to (i) remove, suspend, edit or modify at any time the Content at its discretion, including among other, User publications, without any previous notice and (ii) to remove, suspend or block other User Service Publications.
Thingser also keeps the right to access, read, preserve and reveal any information that reasonable believes is necessary to (i) comply with the laws, rules, legal processes or government requirements, (ii) to comply with the present Terms and Conditions of Use, including the investigation of possible infringements, (iii) to detect, prevent, or in any other form, matters related to fraud, safety or technical problems, (iv) to reply to all customer service required by the users o (v) to protect Thingser's rights, ownership or safety as well as its Users and public.
The Application is made available for its download, installation and execution and the version downloaded will be the one available at that time. The User agrees not to modify the Application under any circumstance, as well as not to elude, deactivate or interfere with the functions related to the Application's safety.
In the case the User or any Third Party has knowledge about any of the before mentioned infringements or other which could cause material damage, loss of rights or protected interests, must immediately communicate Thingser sending an email to support@Thingser.com describing the supposed infringement. Upon receipt of the email, Thingser will dedicate itself to study and find a solution to it.
Should there be a case of infringement, the account belonging to the User who engaged in such conduct against the Terms and Conditions of Use or the infringement of any law or rule whether in its own country or not, can be immediately suspended, cancelled or eliminated by Thingser. This applies even in the case of solely existing doubts or concerns on such conducts being performed.
Third Party Sites and Services
The Service can allow you access to link with other websites, services or Internet resources, the same way that other websites, services or resources can contain links to the Site. The User is at its own risk when accessing Third Party websites. Such websites are not under Thingser control thus the User agrees on Thingser not being responsible for the content, functions, accuracy, legality, convenience or any other aspect of such websites or resources. Furthermore, the User acknowledges and agrees that Thingser is not responsible, in a direct or indirect manner, for damages or losses caused or supposedly caused by products or services available in such websites or resources or accessed by through them.
Exemption of Guarantee
The User acknowledges that Thingser has no control neither it is obliged to take any kind of precaution against:
What Users access the Service
The content accessed by the User through the Service
How you may interpret or use the Content or what measures shall be taken as a result of having been exposed to the Content.
The User releases Thingser from any responsibility regarding the User's connections or relations with other Users. The User understands that Thingser, at any point, neither investigates Users, neither looks into their records nor tries to verify any records or declarations. Thingser does not hold any guarantee with regards to the Users' conduct neither to the veracity in the information provided by themselves.
In case Thingser will not be responsible against any damage or loss, neither for any direct, indirect, general, special, compensatory, emerging and/or incidental resulting from the User's and Third Parties directed or related conduct, connected to the Services including, without any restrictive connotation, physical damages, emotional imbalance and damages and losses resulting somehow from the communications or meetings with Users or people the User can have added to their account through the Services. As such, the User accepts the use of the due precautions and to correctly and carefully handle all interactions with any individual met through the Application, especially if the User decides to personally meet with those individuals. For instance, the User shall not, under any circumstance, provide other parties with financial data (such as credit card details or bank account).
Exoneration of Responsibility
Thingser assumes no responsibility for the tranxsission of negative or potentially damaging results due by the use, installation or execution of the Application, caused in the User's device or in the private social network accounts and which are provoked by the action or omission by Third Parties or by an unsuitable use of the Application from the User. Thingser assumes no responsibility with regards of the following cases; information or contents generated by the Users by direct or related use of the Application, neither by the correct or not correct use if such contents by the User or Third Party,
Thingser assumes no responsibility with regards to the authenticity, exhaustiveness, identity or legality of the contents generated by the Users.
In any case, Thingser is responsible of any lucrum cessans, emerging damage or any other loss the User could have suffered as a consequence of, in relation to or from the use of the Application; including the case when Thingser has previously been informed or notified about the responsibility of such damages by the User or Third Party. The excess on any claim against Thingser is stated at one hundred (100) euros or the totality of the amount paid by the User in the last twelve months.
In case of any loss, actions, lawsuit, damages, expenses (including reasonable court charges) or responsibilities arising from or related to the User's use or mal use of the site, service, content or the same User's publications; the User shall indemnify Thingser, its board of directors, employees and collaborators against any responsibilities.
There is a printed version of these Terms and Conditions of Use and any notification handled electronically will be admissible in court or administrative procedures based on or related to these Terms and Conditions of Use whether at the same level and conditions than other documentation and business registers originally generated and kept in printed version. The User and Thingser agree that any cause of action arising from or related to the Service, must commence in a (1) year after the cause of action, otherwise, such cause of action will be permanently banned.
As stated in the Terms and Conditions of Use, in case of interpretation and resolution of conflicts that could arise from both parties, the legislation to be applied will be the Spanish.
Both parties voluntarily renounce of any rights that could apply to them, and they will be under the jurisdiction of the Court and Tribunal of the city of London.
Integration and Independence of the dispositions
These Terms and Conditions of Use bind the complete agreement between the User and Thingser with regards to the Service and Use of the Site and Service and Content. They also substitute all communications and proposals held beforehand without implying any loss of other rights. The volunteering lack of term completion in any particular case will not mean Thingser to disagree to any future completion. In order to bind all renouncement of these Terms and Conditions, Thingser must notify the User via a written notice and by an authorized representative.
Modification of Conditions of Use
Thingser keeps the right, at its discretion, to modify or substitute any of these Terms and Conditions of Use, or to modify, suspend or interrupt the Service at any time via the publication of a notice on their website or via a notice sent through the Service or email (including among other, the availability of a certain characteristic, data base or content). Thingser can also impose, without holding any responsibility, limitation to certain characteristics and services or to restrict the access of the User to any part or full Service without the obligation of noticing the User in advance. It is the User's responsibility to periodically review for any changes in the Terms and Conditions of Use. The User's continued Service use after a publication by Thingser informing of any changes in these Terms and Conditions of Use will automatically bind the agreement of such changes by the User.
Thingser is not responsible for any breach of its obligation stated in these Terms and Conditions whenever such breach is due to a cause overcoming Thingser's control, including among other, mechanic, electronic or communication failure or deterioration (including electric fluctuations). Unless otherwise stated within these Terms and Conditions, all notice regarding such Terms and Conditions of Use, whether personally handled or sent by registered correspondence shall include acknowledgement of receipt. This shall also apply when the reception of such correspondence is received electronically, by fax or email or at the following day of its delivery as well as if it is a registered overnight delivery.