Last modified: February 3rd 2021
1. REGARDING THE TERMS AND CONDITIONS FOR USING THE PLATFORM: ACCEPTANCE, MODIFICATIONS AND VALIDITY.
These General Terms and Conditions govern the use of the service/s associated with the web platform https://glotio.com/ (hereinafter, the „Platform”), which is owned by Sellboost Solutions S.L., (hereinafter, „Glotio”) with registered address at Calle Triana 120, piso 6º izq, Oficina, 35002 Las Palmas de Gran Canaria, Spain, tax code B76348689, and email address firstname.lastname@example.org, duly registered in the Companies Register of Las Palmas de Gran Canaria, Volume 2219, Folio 169, Page GC-55699, Entry 1.
- Platform users
Browsing and using the Platform gives you the status of user and implies your full and unreserved acceptance of each and every one of the provisions included in these General Terms and Conditions, according to the version published by Glotio when you access the Platform.
Using and/or accessing certain services or content of the Platform may be subject to specific terms and conditions (hereinafter, the „Specific Terms and Conditions”) and to specific terms and conditions for contracting services which may be offered on the Platform and which may replace, complete and/or modify these General Terms and Conditions. In these cases, your prior acceptance of these General Terms and Conditions will be an indispensable condition for accessing said services or content.
In any case, users of the Platform, registered or not, must be of legal age, as its use by minors is prohibited. Therefore, you are liable for compliance with this condition, duly declaring that you are of the age required to access and use the Platform. Glotio may, at any time, request any supporting documentation required to verify due compliance with this condition.
Glotio, in the event of users violating the terms and conditions and policies which govern the Platform, may prevent them from accessing it and may suspend the services provided, without this entitling users to any kind of refund or compensation.
1.1.Modification of the General Terms and Conditions
We therefore recommend you, as a user, to carefully read these General Terms and Conditions whenever you access the Platform, as they may undergo modifications for legal, technical and corporate reasons or for reasons derived from self-regulation processes, internal processes, or by Glotio’s voluntary commitment to existing codes of conduct for its activity and the optimal protection of the rights of users. Whenever possible, and prior to their entry in force, Glotio will use the Platform to publish any important modification to these General Terms and Conditions for the rights and interests of users of the Platform. If you do not agree, you may unsubscribe from the service/s in question.
The declaration of the nullity, invalidity or inapplicability of any of these General Terms and Conditions will not affect the validity or applicability of the other terms and conditions, which will continue to bind the parties. Likewise, refusal by any of the parties at any given moment of their obligation to comply with any of the terms and conditions set forth herein will not imply a general refusal to comply with any other condition(s), nor will it entail an acquired right for the other party.
Access to the content of the Platform has, in principle, an indefinite duration. Glotio is authorised to terminate or suspend the provision of services or the development of actions via the Platform at any time, but always in full compliance with the applicable regulations in these cases. Whenever reasonably possible, Glotio will give prior notice via the Platform of the termination or suspension of the provision of the services provided on the Platform.
2. GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE PLATFORM.
Via the Platform, Glotio provides users with information on, requests for, access to and/or use of the services or content (hereinafter, the „Service” or „Services”) performed or made available by Glotio, as per the terms and conditions provided for each case.
2.1 Free access and use of the Platform
Users may access and browse the Platform free of charge, notwithstanding the chargeable nature of the services which may be available via the Platform under the terms and conditions established by Glotio.
2.2. Browsing, registration and data collection forms
In general, initially accessing or browsing the Platform does not entail or determine the prior subscription or registration of users. However, Glotio may make the provision of certain services, or access to the content offered via the Platform, dependent on the user’s prior registration or on the completion of data collection forms. Glotio reserves the right to unilaterally modify, at any time, the registration system or the data collection forms provided in the Platform for legal, technical or corporate reasons, or according to self-regulation processes to which it may be subject.
2.3 Truthfulness, accuracy and up-to-date nature of the information provided by the user
The data entered by users in the corresponding registration forms or in the data collection forms provided via the Platform must at all times be truthful, accurate and up to date. This data will be processed by Glotio in accordance with Spanish legislation on personal data protection (in the case of personal data). The user (or their legal representative) will be solely liable for any false, inaccurate or outdated statements made and for the damages caused to Glotio or third parties in this regard as a result of breach of this obligation.
2.4 Obligation to make proper and responsible use of the Platform and the Services
3. FORBIDDEN USES
It is FORBIDDEN for users of the Platform to:
- Use any of the services or content provided via the Platform for unlawful purposes or effects, for purposes prohibited in these General Terms and Conditions, or for purposes harmful to the rights and interests of Glotio or third parties. Unlawful purposes will be considered, among others, the use of the provided Services or content for a lucrative or commercial purpose, the theft of secrets or business, promotional or advertising know-how, the encouragement to participate in any kind of gambling, prize draws or bingo games, and the collection of data by third parties. The use of the Services and content on the Platform are of a purely corporate or personal nature, as stipulated in these General Terms and Conditions, and are aimed solely at users authorised by Glotio for these purposes.
- Damage, disable, overload, deteriorate or hinder the normal use of Services via the Platform, or in any way perform a cyberattack on the Platform, associated systems or processes.
- Disclose, communicate or make available to third parties any information, data, content, messages and, in general, any kind of content which:
in any way contravenes, disparages or undermines the fundamental rights and public liberties recognised constitutionally in international treaties and in other legislation, in particular, with respect to disabled people and other especially vulnerable groups such as children or senior citizens;
- is contrary to the right to honour, personal and family privacy and self-image;
- contradicts or infringes the fundamental right to privacy and the protection of personal data;
- induces, incites or promotes acts which are unlawful, criminal, slanderous, defamatory, indecent, violent or, in general, contrary to law, morality and generally accepted good behaviour and public order;
- induces, incites or promotes acts, attitudes or thoughts which are discriminatory on grounds of sex, race, religion, beliefs, age or condition;
- includes, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good behaviour and public order;
- induces or may induce an unacceptable state of anxiety or fear;
- induces or incites other users to engage in practices which may be dangerous, risky or harmful to their physical health or mental balance;
- is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained the required authorisation from the holders to carry out the actual or intended use;
- violates the secrets of Glotio or any other third party;
- is false, ambiguous, inaccurate, exaggerated or untimely, in such a way that it induces or may mislead its object or the intentions or purposes of the communicator; (l) in any way undermines the credit of Glotio or third parties; (ll) involves, where appropriate, unlawful, misleading or unfair advertising and, in general, involves unfair competition;
- contains viruses or other physical or electronic elements which may damage or impede the normal operation of the social network, system or computer equipment (hardware and software) of Glotio or third parties, or which may damage the electronic documents and files stored on this computer equipment;
- cause, due to its characteristics (such as format, extension, etc.) difficulties in the normal operation of the Services or access to the Platform or its content.
If users violate these prohibitions, and from the time at which Glotio receives reliable knowledge of the facts, said company may (a) give as many warnings as necessary in order for users to immediately cease said activities/actions; (b) instigate their immediate withdrawal or rectification; and (c) not publish or simply fail to consider, where appropriate, any possible ratings, opinions or comments made within the framework of the Platform.
If the user fails to obey such requests from Glotio, as mandated by law, or simply in response to its own or third-party legitimate interests, Glotio may block and remove from the Platform, at any time, any previous elements, information, ratings and content when it becomes aware of the unlawfulness of the above, without the need to provide users with prior notice. It may also suspend, disable or delete the user’s account, where appropriate, without this generating any right or monetary compensation in favour of the user.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The user agrees to use the content and Services made available on the Platform, including – but not limited to – the texts, graphics, images, icons, technology, software, links, other digital, audiovisual or sound content, graphic design and source codes (hereinafter, the „Content”), in accordance with the law, these General Terms and Conditions, the Specific Terms and Conditions of the Service, regulations of use, and instructions to their knowledge and in compliance with morality and generally accepted good behaviour and public order. In particular, users agree to refrain from:
- Reproducing, copying, distributing, disclosing or otherwise publicly communicating, transforming or modifying the Services and content, unless they have the explicit written permission of the holder of the corresponding rights or unless this action is legally permitted;
- Deleting, manipulating or in any way altering the copyright and other identifying data of the reservation of rights of Glotio or third parties.
- Exercising or abusing the exercise of the rights of use associated with such content, unless they have been explicitly authorised for that purpose by its legitimate owner and, where appropriate, to do so under the terms and conditions explicitly agreed upon in this regard.
All brands, names, distinctive signs, content architecture (design, browsing, structure and taxonomy of the Platform and its content, etc.) and the content or software of any kind incorporated into the Platform are the property of Glotio, or third parties, without it being deemed that using or accessing the Platform and/or the content or Services provides the user with any rights over the aforementioned brands, trade names, distinctive signs and/or any other elements thereon.
In short, the content and other Services are the intellectual or industrial property of Glotio, or of third parties, without it being understood that the user has been granted, by virtue of the provisions of these General Terms and Conditions or Specific Terms and Conditions, any of the rights which apply or may apply to them, other than the rights which are strictly necessary for the appropriate use of or access to the Platform and the Services and the content (use not sub-licensable to third parties due to the characteristics of the service and other associated legal requirements) which are or may be provided to the user.
Users and, in general, any person who intends to establish a hyperlink between their website and the Platform (hereinafter, the „Hyperlink”) must meet the following conditions:
- The hyperlink will only allow access to the home page of the Platform, but may not be reproduced in any way, which includes the prohibition of reproducing or linking to specific content or services of the Platform without explicit written authorisation from Glotio;
- A frame will not be created on the web pages of the Platform;
- No false, inaccurate or incorrect statements or indications will be made about Glotio, its members, its employees or partners, nor about the content or services provided, either directly or indirectly;
- It will not be declared or implied that Glotio or any other third party present on the Platform has authorised the hyperlink or that it has supervised or assumed in any way the services offered or made available on the web page where the hyperlink is established. With the exception of signs which are part of the same hyperlink, the web page where the hyperlink is established will not contain any brand reference, name, label, denomination, logo, slogan or other distinctive signs belonging to Glotio or third parties which are related to the web page, and in particular those visible on the Platform;
- The web page on which the hyperlink is established will not contain any information or content which is unlawful, contrary to morality and generally accepted good customs and public order, especially with respect to the disabled or especially vulnerable people such as children or senior citizens, nor will it contain any content that violates any rights of Glotio or third parties.
In no case does the establishment of the hyperlink imply the existence of relations between Glotio and any third party included or existing on the Platform, on the one hand, and the owner of the web page on which it is established, on the other hand, nor does it imply acceptance and approval by Glotio or said third parties of its content or services.
In any event, Glotio may at any time order individuals who have established a hyperlink between their website and the Platform to remove it, without prejudice to any corresponding legal and/or judicial proceedings.
6. WAIVER OF GUARANTEES AND LIABILITY
Glotio does not guarantee the availability and continuity of the operation of the Platform and the first-party or third-party Services provided thereon. Whenever reasonably possible, Glotio will give prior notice of any interruptions in the operation of the Platform, access to its content, or the provision of the corresponding services.
Glotio does not guarantee the usage of the Platform and the content and Services provided thereon for any activity or specific purpose which the user intends to perform.
Glotio does not control or guarantee the absence of viruses or other elements in the content which may alter its computer system (software and hardware) or in the electronic documents and files stored in its computer system, although it will adopt the preventive and corrective measures necessary in this regard.
Glotio does not fully guarantee the truthfulness, accuracy, completeness, currentness, lawfulness, reliability and usefulness of the content and Services of the Platform, in particular, of those provided, offered, advertised or ceded by third parties outside the company.
Glotio may use the Platform to provide users with technical link devices (such as links, banners and buttons), directories and search tools which allow users to access websites owned and/or managed by third parties (hereinafter, „Linked Websites”). The sole purpose of installing these links, directories and search tools on the Platform is to enable users to search and access information, content and services available on the Internet. The results of search tools are provided directly by third parties and are a consequence of the automatic operation of technical mechanisms, so Glotio cannot and does not control those results and, in particular, the fact that they may include websites with content which may be unlawful, contrary to morality or good customs, or considered inappropriate for other reasons.
Glotio, as a mere provider of information society services, does not assume, manage, control, or identify itself in any way with the opinions, comments or actions associated with users, nor does it perform any editorial activity in this field. The user (and, where appropriate, their respective legal representatives) will be solely liable for said opinions, comments or actions via the Platform.
Neither does Glotio assume, share or assist, in any way, the actions intended or carried out by the users of the Platform. Users (and, where appropriate, their respective legal representatives) will be solely liable for the actions or measures which they envisage, undertake or adopt based on the information accessed or transmitted via the Platform by other users.
Users of the Platform (and, where appropriate, their respective legal representatives) are, in general, solely liable for the actions, ratings, opinions, comments, content and information that they publish, convey, communicate or contribute via the Platform.
In all the above cases, Glotio does not assume any liability, damages or losses which occur or may occur, to the full extent permitted by the applicable legal system, whether against the user, their respective legal representatives or against any other third party.
7. WITHDRAWAL AND SUSPENSION OF THE SERVICES AND CONTENT
Likewise, Glotio reserves the right to block and withdraw from the Platform, at any time, without the need to inform the user in advance, any posts, elements, ratings, comments, opinions and, in general, any content which is or may be contrary to applicable law, rules, and internal policies and terms and conditions.
In any case, Glotio reserves the right to initiate any appropriate legal or judicial proceedings against such actions.
8. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are governed, in each and every one of their circumstances, by current Spanish law, which is applicable in the event of any conflict or divergence in their interpretation and/or execution, or of any other of the Specific Terms and Conditions provided on the Platform. The parties hereto waive any other corresponding jurisdiction and submit to the competent courts of Las Palmas de Gran Canaria (Canary Islands, Spain).