Terms of use
TERMS OF USE OF Coobis
INDEX
3. ACCESS AND USE CONDITIONS OF Coobis
6. DISCLAIMER OF WARRANTIES AND LIABILITY
7. ABOUT THE QUALITY OF THE PUBLISHER'S RESOURCES
8. EXECUTION OF THE COOBIS WORK PROCESS
9. INCIDENTS RELATED TO PURCHASED SERVICES
10. CONDITIONS OF PAYMENT FOR THE ADVERTISER AND BALANCE
12. DENIAL AND WITHDRAWAL OF ACCESS TO Coobis AND/OR THE SERVICES
13. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS
14. DURATION, TERMINATION, RESOLUTION
15. APPLICABLE LAW AND JURISDICTION
1. SCOPE AND ACCEPTANCE These terms of use (hereinafter, the "Terms of Use") govern the use of the Website (hereinafter, Coobis) owned by Rebold Marketing, S.L.U, a company with its registered office at Calle de Apolonio Morales 13C, 28036 Madrid, CIF No. B-85737708, and email privacy@coobis.com.
The use of Coobis confers the status of user and expresses the user's full and unreserved acceptance of all the Terms of Use and/or specific terms in effect at the time of the User's access. Therefore, the User is strongly advised to read the content of these Terms of Use carefully each time they intend to use Coobis. In case of contradiction between the Terms of Use and the specific terms that may be established, the provisions of the latter will prevail.
2. PURPOSE Through Coobis, Rebold Marketing, S.L.U provides Users with access to and use of various services and/or content made available by Rebold Marketing, S.L.U or other users of Coobis and/or third-party service and content providers (hereinafter, the "Services").
Rebold Marketing, S.L.U reserves the right to unilaterally modify the presentation and configuration of Coobis at any time and without prior notice, as well as the right to modify or delete, at any time and without prior notice, the services and conditions required to access and/or use Coobis and the Services.
3. ACCESS AND USE CONDITIONS OF Coobis 3.1. Free access and use of Coobis The provision of the service of Coobis by Rebold Marketing, S.L.U is free for users; however, registration on Coobis may be required in some cases.
3.2. Obligation to use Coobis and the Services correctly The User agrees to use Coobis and the Services in accordance with the Law, these Terms of Use, good customs, public order, and generally accepted practices, and agrees to refrain from using Coobis and the Services for unlawful purposes or effects, contrary to the provisions of these Terms of Use, harmful to the rights and interests of third parties, or in any way that may harm, disable, overload, or deteriorate Coobis and the Services or impede the normal use or enjoyment of Coobis and the Services by other Users.
3.3. Proper use of the Contents by the User The User must refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material accessible through Coobis or the Services (hereinafter, the "Contents") using means or procedures other than those made available to them for this purpose or indicated for this purpose on the web pages where the Contents are located or, in general, other methods commonly used on the Internet for this purpose, provided they do not pose a risk of damage or disablement of Coobis, the Services, and/or the Contents.
The User agrees to use the Contents diligently, correctly, and lawfully and, in particular, agrees to refrain from:
(a) Using the Contents in a manner or for purposes or effects contrary to the law, good customs, generally accepted practices, or public order;
(b) Reproducing or copying, distributing, allowing public access through any mode of public communication, transforming, or modifying the Contents, unless authorized by the holder of the corresponding rights or otherwise legally permitted;
(c) Removing, circumventing, or manipulating the intellectual or industrial property rights of Rebold Marketing, S.L.U, as well as any trademark holder, or any other identifying data or rights of Rebold Marketing, S.L.U or any of its holders included in the Contents, as well as technical protection devices, digital fingerprints, or any information mechanisms that may be contained in the Contents;
(d) Using the Contents, and in particular, the information of any kind obtained through Coobis or the Services to send advertising, communications for direct sales purposes, or any other kind of commercial purpose, unsolicited messages to a plurality of people, regardless of their purpose, as well as refraining from commercializing or disclosing such information in any way;
(e) Especially carrying out any act contrary to the rules governing the protection of personal data, the market and consumers, or intellectual and/or industrial property.
The User's failure to comply with any of these obligations will entail the appropriate legal actions.
3.4. Password use: duty of care. In the event of registration, and in areas where Coobis requires identification through a username and password, the User agrees to use the password(s) and username(s) assigned to them diligently and keep them confidential for accessing Coobis and/or the Services.
The User will be responsible for expenses and damages caused by the use of the Services by any third party using their password(s) and username(s) due to careless use or loss of them by the User.
3.5. Obligation to follow instructions The User agrees to diligently and faithfully follow any instructions given by Rebold Marketing, S.L.U or by authorized personnel from Rebold Marketing, S.L.U regarding the use of Coobis and the Services.
To this end, Rebold Marketing, S.L.U or the authorized personnel from Rebold Marketing, S.L.U will address Users using specific names necessarily identified with "Rebold Marketing, S.L.U.”
3.6. Content incorporation The User agrees to use the Services that, by their nature, allow Users to introduce content into Coobis and make it accessible to other Users, such as comments, chat, forums, email, sharing interests and products, personal pages, etc. (hereinafter, and collectively, "Open Forums") in a manner consistent with the law, these Terms of Use, morality and generally accepted customs, and public order.
Illegal, offensive, hurtful, xenophobic, pornographic, discriminatory, or content that promotes any kind of violence or discrimination based on ideology, race, religion, or gender is expressly prohibited.
The User agrees not to transmit, disseminate, or make available to third parties Content that:
(a) In any way contravenes, diminishes, or violates the fundamental rights and freedoms recognized by the constitution, international treaties, and the rest of the legal order;
(b) Induces, incites, or promotes criminal, denigrating, defamatory, damaging, violent acts, or acts contrary to the law, morality, generally accepted customs, or public order;
(c) Constitutes, promotes, provides, or instructs how to carry out illegal activity or a criminal offense, which leads to civil liability, violates third-party rights in any country worldwide, or otherwise creates liability or violates any local, state, national, or international law;
(d) Induces, incites, or promotes discriminatory actions, attitudes, or ideas based on sex, race, religion, beliefs, age, or condition;
(e) Incorporates, provides access to, or allows access to illicit, violent, pornographic, degrading products, elements, messages, and/or services, or any content contrary to the law, morality, generally accepted customs, or public order;
(f) Induces or could induce an unacceptable state of anxiety or fear;
(g) Induces or incites involvement in dangerous, risky, or harmful practices for health and psychological balance;
(h) Are false, ambiguous, inaccurate, exaggerated, or untimely, in a way that could mislead about their purpose or the intentions or purposes of the communicator;
(i) Are protected by any intellectual or industrial property rights belonging to third parties, unless the User has previously obtained authorization from the holders for the use they are making or intend to make;
(j) Violates third-party trade secrets;
(k) Violates the right to honor, personal and family privacy, or the image of people;
(l) Infringes the rules on communication secrecy;
(m) Constitutes illegal, misleading, or unfair advertising, and generally constitutes unfair competition;
(n) Includes viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, system, or computer equipment (hardware and software) of third parties, or that may damage electronic documents and files stored in such computer equipment.
(o) Are bulk mail or "spam," "junk mail," part of "chain letters," or "pyramid schemes";
(p) Impersonates another person or entity or misrepresents any affiliation with such person or entity;
(q) Includes private information of third parties;
(r) Includes restricted or hidden pages or images;
(s) Includes personal data, their own or third parties, other than those requested to manage, include, or publish the comment or content.
Nonetheless, Rebold Marketing, S.L.U reserves the right to review, at any time and without prior notice, on its initiative or at the request of a third party, the Content transmitted, disseminated, or made available to third parties by Users and to prevent its transmission, dissemination, or making available to third parties if, in its judgment, it is contrary to the provisions of these Terms of Use. The user expressly consents to this control by Rebold Marketing, S.L.U.
3.7. Links and hyperlinks Users and, in general, those who intend to establish a hyperlink between their web page and any of the web pages of Coobis or the Services (hereinafter, the "Hyperlink") must comply with the following conditions:
1. The Hyperlink will only allow access to the web pages of Coobis and the Services but will not be able to reproduce them in any form;
2. No deep-links or hyperlinks with the web pages of Coobis or the Services will be established;
3. No false, inaccurate, or incorrect statements or indications about the web pages of Coobis and the Services will be made, and in particular, it will not be declared or implied that Rebold Marketing, S.L.U has authorized the Hyperlink or that it has supervised or assumed any form of the content or services offered or made available on the web page where the Hyperlink is established;
4. Except for those signs that are part of the link itself, the web page on which it is established will not contain any trademark, trade name, establishment label, designation, logo, slogan, or other distinctive signs belonging to Rebold Marketing, S.L.U;
5. The web page on which the link is established will not contain illegal information or content contrary to morality and generally accepted customs and public order, nor will it contain content that violates any third-party rights or current regulations.
6. The establishment of the link does not imply, in any case, the existence of relationships between Rebold Marketing, S.L.U and the owner of the web page on which it is established, nor acceptance and approval by Rebold Marketing, S.L.U of the content or services there offered to the public.
3.8. Liability for damages The User will be responsible for all damages (present, probable, and presumable) of any nature that Rebold Marketing, S.L.U may suffer as a consequence of non-compliance with any of the obligations to which they are bound by the Terms of Use, and the provisions set out in the articles here included.
Rebold Marketing, S.L.U reserves the right to initiate any legal actions it may be entitled to.
Without prejudice to the above paragraph, in the event that Rebold Marketing, S.L.U must pay an administrative fine or any other type of compensation as a result of an administrative resolution or a conviction sentence or settlement agreement due to the non-compliance with any of the commitments the User assumes in the Terms of Use, the User will reimburse Rebold Marketing, S.L.U the amount paid for such reasons within thirty (30) days from the date of the appropriate written notification received from Rebold Marketing, S.L.U.
4. PERSONAL DATA All information about the processing of personal data is included and detailed in the Privacy Policy published in the footer of each page of the website.
Coobis uses the YouTube API Services in accordance with its own Terms and Conditions, which Users agree to when using Coobis, and must also consider Google's Privacy Policy and Google's security settings page.
5. COOKIES All information about the use of cookies by Coobis is included and detailed in the Cookies Policy published in the footer of each page of the website.
6. DISCLAIMER OF WARRANTIES AND LIABILITY 6.1. Disclaimer of warranties and liability regarding the operation of Coobis and the Services (a) Availability and continuity: Rebold Marketing, S.L.U does not guarantee the availability and continuity of the operation of Coobis and the Services. It also excludes any liability for damages of any kind that may result from the lack of availability or continuity of the operation of Coobis and the services.
(b) Usefulness: Rebold Marketing, S.L.U does not guarantee that Coobis and the Services are useful for carrying out any particular activity.
(c) Reliability: Rebold Marketing, S.L.U does not guarantee the reliability of Coobis or the Services, and in particular, but not exclusively, that Users can effectively access the various web pages that make up Coobis or the various Services, nor that they can transmit, disseminate, store, or make available to third parties the Content, or receive, obtain, or access the Content.
(d) Quality: Rebold Marketing, S.L.U does not control beforehand and does not guarantee the absence of viruses in the Content or the absence of other elements in the Content that may cause alterations in its computer system (software and hardware) or in the electronic documents and files stored in its computer system.
(f) Exclusion of liability: Rebold Marketing, S.L.U excludes any liability for damages of any kind that may result from the transmission, dissemination, storage, availability, reception, obtaining, or access to content, and in particular, but not exclusively, for damages that may result from (a) non-compliance with the law, morality, and generally accepted customs or public order as a consequence of the transmission, dissemination, storage, availability, reception, obtaining, or access to content; (b) infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, rights to honor, personal and family privacy, and the image of people, property rights, and any other rights belonging to a third party as a consequence of the transmission, dissemination, storage, availability, reception, obtaining, or access to content; (c) acts of unfair competition and illegal advertising as a consequence of the transmission, dissemination, storage, availability, reception, obtaining, or access to content; (d) the lack of truthfulness, accuracy, thoroughness, relevance, and/or timeliness of the content; (e) the unsuitability for any kind of purpose and the frustration of expectations generated by the content; (f) non-compliance, delay in compliance, defective compliance, or termination for any reason of obligations entered into by third parties and contracts made with third parties through or due to access to content; (g) the flaws and defects of all kinds in the content transmitted, disseminated, stored, made available, or otherwise transmitted or made available, received, obtained, or accessed through Coobis or the services.
6.2. Disclaimer of warranties and liability for third-party services provided through Coobis Rebold Marketing, S.L.U excludes any liability for damages of any kind that may result from services provided by third parties through Coobis, and in particular, but not exclusively, for damages that may result from (a) non-compliance with the law, morality, generally accepted customs, or public order as a consequence of the provision of services by third parties through Coobis; (b) infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, rights to honor, personal and family privacy, and the image of people, property rights, and any other rights belonging to a third party as a consequence of the provision of services by third parties through Coobis; (c) acts of unfair competition and illegal advertising as a consequence of the provision of services by third parties through Coobis; (d) the lack of truthfulness, accuracy, thoroughness, relevance, and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available, or accessible through services provided by third parties through Coobis; (e) the unsuitability for any kind of purpose and the frustration of expectations generated by the services provided by third parties through Coobis; (f) non-compliance, delay in compliance, defective compliance, or termination for any reason of obligations entered into by third parties and contracts made with third parties in relation to or due to the provision of services through Coobis; (g) the flaws and defects of all kinds in the services provided by third parties through Coobis.
6.3. Disclaimer of warranties and liability for services and content hosted outside of Coobis Coobis provides Users with technical linking devices (such as links, banners, buttons), directories, and search tools that allow Users to access websites owned by third parties (hereinafter, "Linked Sites"). The installation of these links, directories, and search tools on Coobis aims solely to facilitate Users' search for and access to information available on the Internet and does not imply any kind of link or association between Rebold Marketing, S.L.U and the operators of the Linked Sites.
Rebold Marketing, S.L.U does not control beforehand, approve, or endorse the services, information, data, files, products, and any kind of material existing on the Linked Sites. Therefore, the User must exercise caution in evaluating and using the services, information, data, files, products, and any kind of material existing on the Linked Sites.
Rebold Marketing, S.L.U fully excludes its liability for any damage or harm of any kind that may arise or could arise from (a) the operation, availability, or accessibility of the linked services; (b) the maintenance of information or any material existing on the linked sites; (c) the provision or transmission of linked services under the same terms and to the same extent outlined in the above subparagraphs.
6.4. Disclaimer of warranties and liability for the use of Coobis, the Services, and the Content by Users Rebold Marketing, S.L.U does not control the access or use that Users make of Coobis, the Services, and the Content. In particular, Rebold Marketing, S.L.U does not guarantee that Users will use Coobis, the Services, and the Content in accordance with the law, these Terms of Use, and, where applicable, the specific terms that apply, morality, generally accepted customs, and public order, nor that they will do so diligently and prudently.
6.5. Identity and information regarding Users provided by the Users themselves Rebold Marketing, S.L.U does not control or offer any guarantee regarding the identity of the Users or the truthfulness, timeliness, thoroughness, and/or authenticity of the data that Users provide about themselves and make accessible to other Users.
Rebold Marketing, S.L.U excludes any liability for damages of any kind that may result from the incorrect identity of the users and the lack of truthfulness, timeliness, thoroughness, and/or authenticity of the information that users provide about themselves and make accessible to or share with other users, and in particular, but not exclusively, for damages of any kind that may result from the impersonation of a third party by a user in any communication or transaction made through Coobis.
7. ABOUT THE QUALITY OF THE PUBLISHER'S RESOURCES Coobis may deactivate or not accept websites or social networks it deems of low quality, such as link farms, with high duplicate content, low-quality content, or content related to drug use.
8. EXECUTION OF THE COOBIS WORK PROCESS The services provided by publishers will be entirely original and created exclusively for the advertiser. Failure to comply may result in the publisher being deactivated and the retention of any existing balance.
Moreover, the services will be permanent, and they may not be removed from the website or social network. If the website is deleted within a year from the time the service was contracted with the advertiser, the amount paid by the client will be deducted from the publisher's account. In case of the sale of the website, the contracted posts must be notified to the new owner so that they are maintained; the sale will not serve as an excuse for removing them.
9. INCIDENTS RELATED TO PURCHASED SERVICES The most common incidents between advertisers and publishers are listed below. Any other incidents must be communicated via support@coobis.com to find a solution.
9.1. Related to the disappearance of the post In case of the sale of the website or removal from Coobis, the new owner must be notified so that the sold posts on the platform are not removed. In case of deletion by mistake, Coobis will contact the publisher to restore the link. In case of refusal, the balance of the publisher will be deducted.
9.2. Change of link from "follow" to "no follow" or link deindexing Coobis will contact the publisher to correct the link change or deindexing. In case of refusal, the publisher's balance will be deducted, and if the publisher has no balance, they must compensate Coobis for the amount received for the relevant publication(s).
9.3. Change of URL of the post The publisher will be required to make a 301 redirect so that the post is available from Coobis.
9.4. Cancellation of orders without just cause If the advertiser cancels the order without just cause after the medium has delivered the article or fails to approve the order within three working days, the order will be considered approved, and the client will be obliged to pay the total amount of the order.
10. CONDITIONS OF PAYMENT FOR THE ADVERTISER AND BALANCE Once the balance is loaded, it will be credited to the advertiser's account. The balance will not be refundable under any circumstances and may only be used for the services offered by Coobis.
Coobis is not responsible for errors in balance recharges reported more than 24 hours after the effective deposit. Otherwise, the money will not be refunded and will be credited as a balance for use within the platform.
11. NO LICENSE Rebold Marketing, S.L.U authorizes the User to use the intellectual and industrial property rights and trade secrets related to the software installed on their computer solely to use Coobis and the Services in accordance with these Terms of Use. Rebold Marketing, S.L.U does not grant any other license or authorization to use any other class of its industrial and intellectual property rights, trade secrets, or any other property or right related to Coobis, the Services, or the Content.
12. DENIAL AND WITHDRAWAL OF ACCESS TO Coobis AND/OR THE SERVICES Rebold Marketing, S.L.U reserves the right to deny or withdraw access to Coobis and/or the Services, at any time and without prior notice, on its initiative or at the request of a third party, to Users who violate these Terms of Use or the specific terms that apply.
13. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS If any User or third party believes that any Content has been introduced into Coobis in violation of their intellectual or industrial property rights, they must send a notification to Rebold Marketing, S.L.U containing the following information: (a) personal data: name, address, phone number, and email of the claimant; (b) authentic signature or equivalent, including the personal data of the owner of the intellectual or industrial property rights allegedly infringed or the person authorized to act on behalf of the owner of the intellectual or industrial property rights allegedly infringed; (c) precise and complete indication of the Content protected by the intellectual or industrial property rights allegedly infringed, as well as their location in Coobis; (d) explicit and clear declaration that the introduction of the indicated Content was made without the consent of the owner of the intellectual or industrial property rights allegedly infringed; (e) explicit, clear, and responsible declaration from the claimant that the information provided in the notification is accurate and that the introduction of the Content constitutes a violation of their intellectual or industrial property rights.
These notifications must be sent to the address C/ Apolonio Morales 13C, 28036 Madrid or to privacy@coobis.com.
14. DURATION, TERMINATION, RESOLUTION The provision of Coobis and other Services has an indefinite duration. Rebold Marketing, S.L.U, however, is authorized to terminate, suspend, or interrupt the provision of Coobis and/or any Services unilaterally, at any time and without prior notice, notwithstanding the provisions of the corresponding specific terms.
15. APPLICABLE LAW AND JURISDICTION These Terms of Use are governed by the laws of the country where Rebold Marketing, S.L.U is based.
Rebold Marketing, S.L.U and the User, expressly waiving any other jurisdiction, submit to the courts and tribunals of the registered office of Rebold Marketing, S.L.U for any dispute that may arise from the provision of the services covered by these Terms of Use. If the User is domiciled outside Spain, both Rebold Marketing, S.L.U and the User submit, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Madrid (Spain).