TERMS AND CONDITIONS OF USE
Priver provides Internet messaging services allowing users to send and receive messages and share photos, news and information. It is a social network designed as a place for meeting new people, chatting and sharing photos, news and information (the “Service” or “Priver”) via a mobile device, an application (la “App”) or website. The Service and App are owned by Crinuz Technologies, S.L. single-shareholder company (“Crinuz”), and CIF (Company Tax Code) No. B-67023572. It is registered in the Trade Register of Barcelona under Volume 45969, Folio 215, Page 505473, Registration 1º (“Crinuz”).
By using the Service, you agree to comply with and are bound by these Priver terms and conditions of use (the “Terms”). Please read them carefully. If you do not accept these Terms and agree to be bound by them, please do not use the Service.
2. User Condition
2.1 Using the Service implies the condition of user (the “User”). Without prejudice to certain circumstances that require you to expressly accept these Terms, use of the Service or installation, access or use of our App, functions, software of website imply full acceptance of the Terms of the last published version. If you do not agree with these Terms, you must refrain from using the Service.
2.2 For greater convenience, this document can be printed and downloaded and stored in PDF format. You may also refer to, at any time, the most recent version of the Terms by visiting the following web address firstname.lastname@example.org.
2.3 By accepting the Terms and using the Service, you declare that:
- you are at least 16 years old
- you have not been prosecuted or imprisoned for any case of assault, violence, sexual abuse or harassment, or a similar crime
- you have not been prohibited from using the Service in accordance with the laws of the applicable jurisdiction
- you have the legal capacity required to enter into this agreement and use the Service in accordance with these Terms, which you are familiar with, understand and accept in full
3. Signing up for the Service
You register in the App by providing a username and valid email address. After an email address is provided, Priver will instantly send an alphanumeric identifier to the email address provided. The identifier must be entered in the specific field for this purpose in the sign-up procedure. After the identification process has been successfully completed, you can start using the Services. If the identifier procedure is negative, the Service download cannot be completed. For such purposes, you agree to receive emails with codes for signing up to use the Service.
4. Content I can publish
4.1 You are solely responsible for the content published in the Service and must ensure it fully applies with all applicable laws. There are a set of rules regulating the content accepted in the Service, therefore when using the Service, do not publish or send content that:
- is obscene, pornographic or may violate human dignity
- is abusive, defamatory, insulting, threatening or promotes racism, sexism, hate or intolerance
- includes images of people who are or appear younger than 18
- shows another person and has been created or distributed without the consent thereof
- promotes any illegal activity, including, but not limited to, terrorism, racism or any other activity that may be considered criminal
- is related to commercial activities (including, but not limited to, the sale of products or services, competitions, advertising, links to other websites or premium telephone numbers)
- is related to sending junk mail or spam, chain letters, pyramid schemes or any other form of commercial offer or exploitation
- contains spyware, adware, viruses, corrupted documents, worms or any other malicious code seeking to interrupt, damage or limit the functioning of any software, hardware, telecommunications, networks, servers or other devices, Trojans or any other material aimed at damaging, interfering, intercepting or expropriating information or personal data from the Service
- by itself, or when added to the page, infringes third party rights (including, but not limited to, intellectual property rights and privacy rights)
4.2 when publishing any content in the Service, you guarantee that you are the owner of such content and agree to waive all and any moral rights related to this content (including, but not limited to, the right to identify as the author thereof). Priver reserves the right to disclose your identity to third parties or public authorities claiming that the content published on our website or app violates their intellectual property, privacy or other rights.
4.3 Please be aware that by publishing or sending any content through the Service, you guarantee that you have permission to do so, and are automatically granting us a non-exclusive licence, without copyright, which is continuous and universal for using such content in any way (including, but not limited to, the editing, copy, change, adaptation, translation, change of format, creation of spin-off projects, inclusion in other projects, advertising, distribution or making such Content available to the public, in full or in part and in any format available in the present or future).
4.4 Priver may assign and/or transfer the above-mentioned licence to our affiliates and/or third-party successors without requiring your consent.
5. Use of passwords
5.1 If you sign up, Priver will store, among other data, the email address and username. You must enter the email address and username in the corresponding App section to download the Service.
5.2 Priver is not responsible for the improper use of passwords by the User or any third parties. You are responsible for keeping secret and safe the codes and passwords provided for access as a registered User, preventing improper use or access by third parties and assuming any damage or liability that may arise from third party use in the event of breach of their duty of secrecy and safekeeping.
5.3 In the event of loss or suspicion of loss of a password or in the event of third party access, you must change their password for a new one as soon as possible or, if unable to do so, notify Priver as soon as possible so the necessary measures can be taken.
6. Intellectual Property
6.1 All the content accessible through the Service, including by means of example, but not limited thereto, copyright, rights similar or related to copyright, patents, utility models, industrial and graphic designs, source code, text, images, photographs, trademarks or trade names, logos, slogans, domain names, social profiles, interfaces, musical and/or audio visual works, trade secrets and know-how, irrespective of whether they have been registered, their registration has been applied for, or they are not registered (the “Content”) is the property of Crinuz Technologies SLU or has been assigned thereto by third parties via an operating licence, and is protected by the corresponding applicable law on intellectual and industrial property, including anti-trust laws.
6.2 You acknowledge that Crinuz Technologies SLU owns the Content in the App, programmes, modules and developments making up the Service.
6.3 You cannot reproduce, copy, change or disseminate the programmes/applications/developments and other elements or units that make up the Service without Priver’s express, prior and written authorisation.
6.4 You agree to not directly or indirectly claim or register any intellectual and industrial property right related to the Service, App or Priver.
7. Mobile or other kinds of devices
7.1 We currently provide our Services for mobile devices free of charge, but please consider that your mobile phone operator’s standard rates apply, e.g., for text messages and data.
7.2 Additionally, other Service features that may require sending a text message to use them (e.g., to invite your friends to download the Service), with charges depending on your price plan.
7.3 You are solely responsible for making sure you have everything necessary to access the Service (including Internet provider and mobile Internet provider fees and everything related to access). Priver accepts no liability if the website or its services do not function as they should via mobile or similar services available now or in the future.
7.4 When you access the Service or allow receipt of our messages or notifications via telephone and/or another mobile device, you accept that your Internet or mobile services provider may charge you for it. Under no circumstances shall Priver be responsible for such charges.
7.5 If you change or disable your mobile telephone number, update your account information within 48 hours to ensure messages are not sent by mistake to the person who may acquire your old number.
8. Limitation of liability
8.1 Priver seeks to ensure that the content accessible via the Service is, at all times, right and proper. However, you use it at your own risk. If you are aware of the existence of errors in the Service content, Priver shall attempt to correct them as soon as possible. However, we provide the Service as is, without any express or implied guarantee including, among others, warranties of merchantability, fitness for a particular purpose and non-infringement.
8.2 Priver cannot guarantee the availability and continuity of Service operation. When reasonably possible, Priver shall provide warning of interruptions to the functioning thereof. Priver accepts no responsibility or liability of any kind for the damages of any nature that may arise from the lack of availability, continuity or proper operation of the Service.
8.3 Priver reserves the right to update or delete any Service content, and to restrict or deny Service access to any User, either temporarily or permanently.
8.4 Priver declines all liability or responsibility relating to the accuracy of the content accessible through the Service. The Service may also include links to content owned by external third parties, independent from Priver (the “Third Party Content”). The Third Party Content is beyond Priver’s control, and Priver cannot be held liable for the content thereof. Therefore, the fact that the Service includes links to Third Party content does not mean that Priver has, in any way, approved or agrees with the content or the information published therein. Consequently, Priver assumes no liability or responsibility relating to the content or information accessible in the Third Party Content, and therefore the access to such Third Party Content remains the sole responsibility of the User. Under no circumstances shall Priver be required to demonstrate the veracity, accuracy, adequacy or completeness of the Third Party information and/or Content accessible via the Service. If the User considers that illegal, harmful, denigrating, violent or inappropriate content exists in the Third Party Content, it shall bring this to the knowledge of Priver via the following email address: email@example.com.
8.5 You accept that use of the Service is at your own risk. To the extent possible under applicable legislation, Priver accepts no responsibility or liability whatsoever for the decisions you take based on the information provided through the Service, or for the direct or indirect damage you may suffer as a result of actions based on using the Service or the information contained therein.
8.6 Priver accepts no responsibility or liability whatsoever for the damage your hardware, software and/or data may suffer from any virus or malicious content or software accessible through the Service and/or App. Consequently, you are solely responsible for installing, on your computer, the tools necessary for detecting and preventing your computer, hardware, software and/or data from suffering any damage.
8.7 Notwithstanding the foregoing, none of the previous exclusions and limitations of liability seek to limit Priver’s liability in the event of infringing any obligation imposed by applicable national law, or exclude Priver’s liability in cases where it cannot be excluded under such legislation.
9.1 Priver reserves the right to change these Terms, agreed with Users within the scope of Service provision, and establish new terms or conditions in relation to the way you use the Service. Such additional changes, terms and conditions must be duly communicated to Users and, if accepted, shall take immediate effect and become an integral part of this Contract. If you do not accept such changes, you must stop using the Service.
9.2 Notwithstanding the foregoing, your continued use of the Services, after being notified of the changes to our conditions, policies or rules, shall be regarded as acceptance of the changed conditions, policies and rules.
9.3 In the event of any inconsistency between previous versions of the Terms and their updated versions, the latest terms shall prevail.
10. Contact and complaints
10.1 You may contact Priver at any time by sending an email to firstname.lastname@example.org.
10.2 You can report abuse or make a complaint about any Service content via email@example.com. We shall always do everything within our powers to solve any problem you might have with the Service.
11.1 If you infringe the form or basis of these Terms, create risks of any kind for the Service or Crinuz Technologies SLU, or expose us to potential legal liability, we could block your access to the Service fully or partially. We shall attempt to notify you if we block or cancel your access to the Service, although we are not required to do so.
11.2 You can also delete your account or cancel the Service at any time by accessing to the “Settings” menu.
12. Special provisions applicable to the software
12.1 If you download or use our software, as an independent software product, application or browser plug-in, you accept that the software may periodically download or install improvements, updates and extra functions with the aim of improving and developing it.
12.2 You will not modify our source code or carry out related works, such as reverse engineer or attempt, in another way, to extract such source code, except in the cases expressly permitted by an open source licence or if we grant you our express, written consent.
13. Rights recognised for Users
Notwithstanding the provisions of these Terms, you are hereby informed that, in all cases, the rights that, as user or consumer, may arise from applicable legislation on the matter, are recognised on your behalf, along with any other rights that may be recognised in the Terms.
14.1 These Terms represent the full agreement between the parties in relation to the App and the Service, and replace any prior agreement.
14.2 If any clause included in these Terms is declared, in full or in part, null and void and inoperative, this shall only affect the provision or part thereof that is null and void or inoperative, with all the other Terms remaining, and such provision, or the affected part thereof, considered excluded.
14.3 Any correction to or waiver of these Terms must be made in writing and be signed by us.
14.4 You will not transfer any of your rights and obligations under these Terms to any third party without our consent.
14.5 All our rights and obligations under these Terms are freely assignable by us in relation to any corporate transaction, merger, acquisition or sale of assets or by operation of law, or any other means.
15. Applicable legislation and competent jurisdiction
15.1 These terms shall be governed by Spanish law.
15.2 Notwithstanding the rights that may help you as consumer or user, any disputes arising from issues related to the Service shall be subject to the exclusive competence and jurisdiction of the Courts of Barcelona.