TERMS AND CONDITIONS
Read this document thoroughly. It constitutes the Legal Notice that schedules the access, browsing and usage of the website located on URLs ifeelonline.com (henceforth termed the “Website”or the “Web”).
The access, browsing and usage of the Website requires explicit and wholeheartedly consent with regard to all terms of the present Legal Notice, holding the same validity and efficiency than any written and signed contract.
Enforcement and compliance will be required to any person that accesses, browses or uses the Web. If you disagree with the exposed terms, do not access, browse or use none of the Website pages.
1. IDENTIFYING DATA
- Name: Digital Mind Solutions S.L. (hereinafter “DMS”)
- Registered address: Calle Huelva 3, 28002, Madrid
- CIF: B87593851
- Public Registry: Registered in the Commercial Registry of Madrid; in volume 34901, page 29 section General, page number M-627653, first registered
- E-mail: firstname.lastname@example.org
2. SUBJECT MATTER AND SCOPE
The current Legal Notice schedules the access, navigation and usage of the Web ifeelonline.com. Nevertheless, it recognises the entitlement to modify display, settings and web content, as well as access and usage required conditions. Once the access and usage modifications or changes enter into force, their acceptance should be entailed.
However, the access to certain contents and usage of specific services could be submitted to particular conditions which must be clearly shown and explicitly accepted by users. This specific conditions could replace, complete or modify the current general conditions of use.
DMS reserves the right to change this Legal Notice at any time due to legal reasons, to technical reasons or due to changes in the provision of services, or in regulations, as well as due to any changes that may be derived from applicable codes or corporate decisions. Whenever this occurs we shall publish notice of it on our Website and if you continue to use our services we shall understand that you have accepted the changes introduced. If you do not agree with the changes made, you must stop using the Website.
3. ACCESS AND REGISTER
The access to web content is completely free, although for using and enjoying some sections or particular services it is necessary to provide an economic contribution. This should be indispensably notified to users and in any case expressly accepted by them.
If you do not have neither user nor password to access to our website ifeelonline.com, you should register yourself on the following link. Here, you should introduce your real and truthful information in order to manage our business relationship.
The access and navigation through the Web is forbidden to underage. Nevertheless, DMS reserves the right to perform all necessary verifications. In case an underage person accesses and register itself, it will be assumed that he/she had parent, tutor or legal representative prior consent.
The access and navigation through the Web do not need user registration. However, it would be necessary to register in order to apply for service or receive publicity, information and periodic offers of our advertising campaigns and products. The web registration is free unless otherwise indicated.
Under no circumstances DMS shall be responsible for the authenticity of the data that users submit. Each user will undertake responsibility of the possible consequences, mistakes and faults derived from a lack of veracity of the data provided to DMS.
3.1 REQUIREMENTS TO REGISTER AS AN USER
The age of majority is the essential requirement for registering as a user and providing all the required and compulsory data. However if an underage person accesses the Web and registers itself, it will be assumed that the access has been previously and expressly authorized by parents, tutors or legal representatives. Nevertheless, it is reserved the right to carry out the appropriate verifications.
Likewise, the registered user assumes that the user account is personal and non-transferable. Ownership is protected with a password which should be generated by the user (account holder) according to solid and complex rules. The password will have a temporary unlimited validity, the user commits itself to make a diligent use of it, keeping it in secret and not disclosing to third parties. Consequently, users are responsible for the correct custody and confidentiality of any identification and/or password that they have selected as web users. Moreover, users commit not to transfer their use to third parties (temporally or permanently), neither allow access to third parties. User will be responsible for any unlawful web usage coming from any unauthorised third party who uses for this purpose any password as a result of a non-diligent use or loss by the real user.
The user could change its password whenever he/she considers, but it has to be previously notified to DMS. For instance, the password could be changed if the user suspects or determines that it password confidentiality has been breached.
Under no circumstances the transfer of a registered user account is allowed between different people, being DMS empowered to remove the account as soon as this situation is detected, notwithstanding the consequent legal actions that could be proceed.
3.2 REGISTERED USER CANCELATION
At any time users could ask for unsubscribing their account through a written request via e-mail to email@example.com. They should indicate username and service the user wants to unsubscribe.
In any case, once the cancelation has been processed, the user could apply for a new client register, remaining reserved in favour of DMS the right not to admit the registration. In addition, DMS shall be entitled not to admit the registration in case of non-resolved conflict between the parties, or when resolved, provided that the outcome of the resolution procedure evidences the user´s fault or negligence, thus causing great prejudice to DMS its collaborators and associates, users or potential users.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
DMS is owner or holds the relevant licenses over the rights to exploitation of intellectual and industrial ownership of the Web, as well as the intellectual and industrial property rights over information, materials and web content, including without limitation the platform itself, texts, photographs or illustrations, logos, brands, graphs, designs, interfaces or any other information or content and services available through Web.
Under no circumstances should be understood that user access, navigation and web use involves resignation, transmission, licence or transfer (fully or partially) of the mentioned intellectual and industrial property rights on behalf of DMS. The user disposes of a right to use the contents and/or web services within strictly domestic context and according to this Legal Notice together with other documents referred to therein.
Reference to brand or commercial names or other distinguishing signs carries the implicit ban on using them without DMS or lawful holders consent, regardless its ownership belonging. The access, navigation or web/content usage never grants the user any right over distinguishing signs included except otherwise expressed.
All industrial and intellectual property rights over content and/or web services are reserved. Particularly, it is forbidden in any way to modify, copy, reproduce, communicate, transform or distribute in any media or form, fully or partly, the web content for any public or commercial purpose if there is no prior, explicit and written authorisation from DMS or when appropriate, the right holder consent.
Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that identifies web content right holder, as well as technical protection devices, digital prints or any protective mechanism or information incorporated to web contents.
In case the user sends any kind of information to DMS through the Blog or through the rest of resources enabled to that end, the user declares, ensures and accepts that he/she is freely able to do it, and that the particular information does not infringe neither industrial or intellectual property rights, and that such information is not confidential or detrimental to third parties.
The user recognises assuming responsibility, leaving DMS unscathed for any communication personally supplied or made on its behalf.
If the user was informed about the existence of any illicit or illegal content or content that could infringe intellectual and/or industrial property rights he/she should immediately notify to DMS through this e-mail in order to adopt the appropriate measures.
Likewise, if any user or third party considers that web content property violates its intellectual or industrial property rights, as well as any other rights, he/she should send notification to DMS through this e-mail, indicating the following information:
- Identifying data and claimant or representative Contact information.
- Supporting documentation identifying the holder of the breached rights.
- Detailed account of the rights supposedly infringed by a user, as well as it precise location in the Web.
- Claimant´s express statement declaring that content usage has been done without the consent of the holder of the rights supposedly infringed.
5.1 LINKS TO OTHER WEBSITES
If you see links to the websites via various buttons, banners, etc., please bear in mind that there are directly managed by third parties, not having DMS the faculty or the human or technical resources to know in advance, control or approve all the information, contents, products or services provided by other websites to which links from the web could be established.
Consequentially, DMS could not assume any kind of responsibility whatsoever for any aspect related to the web page which the link offers, specifically aspects, including but not limited to its performance, access, data, information, quality, products and services reliability, own links and/or any of its contents in general.
In this respect, if users had real knowledge that third parties develop illegal or immoral activities through this websites, they should immediately communicate it to DMS in order to disable link access. This process will be done in the less time possible.
In any case, the establishment of any kind of link from the web to other website does not imply any type of relation, collaboration or dependency between DMS and the foreign web page responsible.
5.2 LINKS TO WEB CHANNEL IN OTHER SOCIAL NETWORKING TOOLS AND PLATFORMS.
DMS makes available for users through different tools and apps, links that allow users access to channels and webpages that DMS has in different platforms and social networks belonging or owned by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The installation of this apps on the web claims to facilitate users the access to such channels located in platforms and social networks.
The application establishment does not imply the existence of any relation between DMS and the owner, supplier or distributor of the linked platform, neither implies the acceptance and approval from DMS of its contents and/or services, being its owner, supplier or distributor the only responsible.
In no case, DMS shares with Facebook or Twitter or any other social network any kind of confidential information about its users. The only purpose is the established in this Legal Notice, as well as the one stated in Private Policy. In this regard, all the information that the user wishes to provide to these platforms will be under it responsibility, DMS will not intervene in such a process.
The activation and usage of this apps could imply users’ identification/authentication (login/password) in the following platforms which are totally external to the Web and out of DMS control. By accessing to this external networks, the user joins in a context not controlled by DMS. That is why DMS will not assume any responsibility about the context security settings.
Due to the fact that DMS has no control over the channels content, the user recognises and accepts that DMS does not assume any responsibility for the content or services to which users have access in those websites, neither for any content, products, services, publicity or any other material available in the channels. Hence, user should be extremely caution when valuating and using information, contents and services existing in the linked channels, and when sharing own or third parties information in such channels.
5.3 LINKS IN OTHER WEBSITES DESTINED TO THE WEB
DMS does not authorise the establishment of a web link from pages which content illicit, illegal, degrading, obscene materials or information and that in general contravene law, morality, public order or generally accepted social standards.
Users could enable links in their respective websites that direct to the Web, as long as they fulfil the following conditions: a) under no condition link should reproduce web content or parts of it; b) it is not allowed to create a browser or border environment over the Web sections, neither modify the Web in any case; c) it is not allowed to pronounce false, incorrect or inaccurate claims about the Web, and/or in particular declare or mean that DMS has authorised the link, or supervised or assumed contents or services provided or made available in the Website where the link has been established; d) the website where the link to the Web is located will not contain information or illicit contents, contrary to the moral and commonly accepted customs, contrary to public order or any third parties right, including intellectual and industrial property rights, and/or honour, family and personal privacy or self-image rights, or any other right, or content contrary to personal data protection regulatory standard.
DMS has no faculty neither human and technical resources to know, control or approve all the information, contents, products and services provided by other websites that have links destined to the Web. DMS does not assume any kind of responsibility for any aspect related to the website which contains the link to the Web, in particular, including but not limited to its operation, access, data, information, quality and products and services reliance, its own links and/or any of its contents in general.
6. WEB USE CONDITIONS
It is not allowed the access or use of the web for illegal or not authorised purposes, with or without economic aims; henceforth its consequences will be only under user responsibility. More specifically, and not being a closed list, it is prohibited:
- To use the web in any form that could involve damages, interruptions, inefficiencies or defects in functioning or in a third part computer;
- To use the web for transmitting, installing or publishing any virus, malicious code or other programmes or harmful files;
- To use the web for transmitting material with publicity or promotional purposes, including spam, mass mailings or similar;
- To use the web in a way that constitute a DMS or any third party rights violation;
- To use the web for transmitting or publishing any defamatory, offensive, racist, vulgar, degrading, pornographic, obscene or threatening material that could cause discomfort to any person;
- To use the web for collecting personal data from users;
- To use the web in an illegal form, breaching good faith, moral and public order;
- To access and interact with the Web with a fake identity, replacing third parties, using a profile or performing any other action that could confuse users about the identity of the message origin.
- To access without authorization to any web section, to other systems or networks connected to the web, to any DMS server, neither to services offered through the Web, by hacking or falsifying, password mining or any other illegitimate way.
- To violate or attempt to violate security measures or web authentication, or authentication of any other network connected to it, as well as security or protection measures inherent to web content.
- To carry out any action that could provoke a disproportionately or unnecessary saturation of the Web infrastructure or of the enhanced DMS network services, as well as of any system or network connected to the Web.
- To prevent the normal operation of an event, contest, promotion or any other activity available through the Web or prevent the normal operation any of its features, either altering o attempting to alter, illegally or in other form, the access, participation or operating in any of them, and/or distorting their results, and/or using fraudulent participation methods, through any process, and/or through any practice that impinges or violates in any way the current Legal Notice.
- To introduce in the Web any type of content to which the user does not have all intellectual, industrial, image or any other property rights.
- To advertise manifestly false contents related to any location, regardless the user is or is not aware of that situation.
If the user breaches any of the obligations above, DMS could embrace appropriate measures upheld by the right and based in the exercise of its rights and obligations, leading to locking or removing the offender´s user account, without possibility of damage indemnification.
Likewise, the Web may include areas through which users could participate, publish their own contents, and/or share owned or published contents advertised by DMS. Such areas could be owned by DMS and therefore controlled by it. In this case, social networks are independent and external to our organization. For this reason, we cannot assume responsibility for the proper functioning or for conditions or policies established by their leaders. It is the user who should in any case consent and assume the treatment of the information published in such platforms.
In any case, we inform you that when the user participates in any of these areas, the rest of the web users could access and use all the contents published by the user. DMS cannot control the use that other people may do of your contents. Henceforth, DMS is not responsible for it. DMS recommends not to publish personal information, or materials protected by intellectual, industrial or any other rights.
With the aim of making the Web a secure environment and to protect users, it is completely banned to publish contents:
- That could infringe fundamental rights such as honour, personal and family privacy, others own image and especially underage image.
- That include photographs that represent images or personal information belonging to third parties without obtaining their consent.
- That breach communications privacy, intellectual and industrial property rights, or personal data regulatory standards.
- That contain any illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent, or contrary to good morality and good faith information or material.
- That contain “spam” and/or links without regard to the pertinent area.
- With the purpose to develop and/or advertise the sale, consumption, and/or use of any product and/or service, and in particular, of medicines prepared with medicinal purposes, and/or healthcare products, or with the purpose to influence in other users decisions in relation to a concrete drug, or in the commercial prospecting, in favour of any drug manufacturer and/or healthcare products.
- That include advertisements or commercial communications for the emission of advertising messages or for capturing data with the same purpose.
The user that violates these prohibitions will be responsible of any complaint derived therefrom. DMS reserves the faculty to prevent the ones who breach the prohibitions to access the Web, or the faculty to participate in the Blog.
DMS does not control the content published by users in the Web, and does not assume any responsibility for this content. However, DMS reserves the faculty to supervise and/or moderate any content published in the Blog by users, and also if the current use and privacy terms were violated, provided that such violation was unequivocally notified. Furthermore, if you find any information or content on the Web that could be considered non-appropriated, we ask you to notify it immediately to DMS through the available resources.
7. RESPONSIBILITIES AND GUARANTEES
DMS cannot guarantee and shall not be responsible for: (i) continuity of Web contents; (ii) absence of errors in such content; (iii) absence of virus and/or any damaging component on the Web or in the server that supplies it; (iv) Web invulnerability and/or the impossibility to vulnerate security measures adopted in it; (v) lack of utility or performance of Web contents; (vi) damages caused to a third party or to a user as a result of breaching conditions, rules and instructions that DMS establishes on the Web.
However, DMS declares having adopted all the necessary measures, within its capabilities and its current technical state, to guarantee the Web operation and reduce to a minimum system errors, from both a technical and published content on the Web, as well as to avoid virus and other IT harmful components existence and transmission
If the user has knowledge of the existence of any illicit, illegal or against the law content that could involve an infraction of intellectual, industrial, personal information protection and/or any other right, should immediately notify it to DMS, in order to take the appropriate measures. In any case, DMS will not be responsible for the content generated by users, neither of its subsequent use by users, being this point sole responsibility of such users.
DMS does not intended to promote and/or advertise the sale, consumption and/or drugs usage, prepared with medicinal purposes and/or healthcare products, neither is intended to influence users’ decisions regarding specific treatments, neither in the commercial perspective of favouring any drug manufacturer and/or healthcare products.
DMS shall not be responsible for veracity, integrity or updates of the published information originated in resources external to the Web (external notices, external professional reports, etc.), neither is responsible for other web content through links from the Web. DMS will not assume responsibility in regard to hypothetical damages that could be originated because of the mentioned information, and in particular, DMS will not be responsible for any advice, consulting or recommendation that user could receive from other web users. In no case, the contents, opinions, comments and/or links mentioned above would be considered as recommendations, sponsorships or publicity from DMS about drugs and/or health care products, neither from laboratories of manufactures that fabricate them.
In all cases, DMS reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, the access, navigation, usage, content download and/or web services use, with or without prior notification, to users that infringe any of the conditions detailed in the current Legal Notice, with no possibility for them to choose any indemnification in relation to this cause.
DMS is not responsible of its users’ performance, inside and outside of the Web context, neither is responsible for the acts that users could develop, regardless these acts have or not any relation with the information that such users receive from the Web. DMS advises users, in all occasion, to act responsibly, in accordance with the current legislation.
If any web user performs any action that could be considered illicit, illegal or contrary to the law that may involve the infringement of third parties rights, it will be done under the users only responsibility, keeping DMS unscathed from its performances.
8. COMMUNICATION CHANNEL
DMS makes available to users a channel through which they can communicate and notify the existence of any content they consider contrary to law or that violates third parties legitimate rights.
If you are aware of any of the circumstances mentioned above, you should immediately notify DMS, so that DMS could revise the content, and when applicable, proceed to its withdrawal or appropriate edit.
9. WEB SUSPENSION
DMS reserves the right to suspend, modify, restrict or interrupt, temporally or permanently, the access, navigation, use, content download and/or web services use, with or without prior notification, to users that infringe any of the dispositions detailed in the current Legal Notice, with no possibility for them to demand indemnification due to this cause.
Headings to the different clauses are merely informative and do not affect, qualify or encourage interpretation of the current Legal Notice. Furthermore, DMS could modify terms and conditions here established, totally or partially, publishing any change in the same way that it appears in this Legal Notice or through any type of communication directed to users.
The applicability of this Legal Notice coincides, therefore, with the time of its disclosure until it is totally or partially modified. From then on, the modified Legal Notice will come into Force.
Irrespective of what is established in the specific conditions, DMS could close, suspend or interrupt, in any moment and without prior notice, the access to web content. Not being able the user to demand indemnification. Following extinction of the site, prohibition of use for the content previously exhibited in this present Legal Notice will still apply.
Furthermore, if the user breaches the current Legal Notice, DMS could suspend or cancel its profile immediately and without prior notice. Under no circumstances the user will have the possibility to demand indemnification due to this cause. To this end, DMS informs that it will notify and collaborate with the correspondent police and legal authorities in case any legislation violation was detected or if there is evidence that a crime was committed.
In case any clause of the present Legal Notice is declared totally or partially invalid, by any competent court or administrative body, nullity or derogation will not affect the remaining provisions.
The no exercise of any right or disposition stated on this Legal Notice on behalf of DMS, will not constitute a renounce of it.
12. APPLICABLE LAW AND JURISDICTION
Any litigation involving the Website – if consumer legislation allows it – will be settled by Madrid Courts and Tribunals, according to current national legislation at the time of the dispute.
For logging complaints and submitting claims for unsatisfactory service, the client could head for to the e-mail indicated on the “Identification” section, looking for an amicable solution to the dispute.