TERMS AND CONDITIONS OF USE

Who is VYSTOCK?

 

This website is the property of Vystock, S.L. (hereinafter «VYSTOCK»), with address in Castro-Urdiales, Calle los caseríos, 8 – C.P.: 39700 (Cantabria), and contact email address support@vystock.com and with VAT Number B67802744.

 

 

Definitions

 

The following definitions shall apply hereinafter. In case a definition contains more than one expression, all of them apply indistinctly. All definitions shall apply in the plural or singular indistinctly, adjusted to the context.

 

“Audiovisual Content” Video, film, clip, short film, image, photograph, photograph, music, musical composition, melody, jingle, tune, or work that regardless of the medium used and the kind of work is made available to users for download on an exclusive basis.

 

«Account»; «profile» Space for each user to communicate the personal data by which he/she wants to be identified on the platform.

 

«Services» The services that VYSTOCK provides through the website consisting of the licensing and downloading of audiovisual content, which will be for the exclusive exploitation by the contracting party.

 

«User» An individual who personally or on behalf of a legal entity creates an account on the platform. A user is also a person who acquires on his own behalf or on behalf of a legal entity one of the productions that can be found on Vystock on an exclusive basis.

 

«Visitor» Individual who in a personal or commercial capacity browses the VYSTOCK environment. Likewise, anyone who enjoys a trial license for any of the contents hosted on the platform shall be considered a visitor.

 

«VYSTOCK» The trade name under which the content that the User may find on the Platform is marketed.

 

«Web»; «website»; «environment»; «page»; «platform»; «Vystock» Applies to the set of web pages integrated into the Website, including any subdomains thereof, as well as any other website through which VYSTOCK makes its services available.

 

 

Access to Vystock

 

The access to Vystock is not limited, however, for the use of the services the user must have the minimum age that applies according to the type of services. In case these limitations are not observed, the users themselves or, if applicable, the parents or legal guardians of the user will be directly liable for any kind of damage or harm that may be caused, whether direct or indirect.

 

To use the services of VYSTOCK, registration is necessary. Therefore, access to Vystock requires you to register beforehand and provide us with some basic information to identify yourself as a user, as well as, if necessary, to verify your e-mail address through a code that we will send you to verify that it is you.

 

What do we offer?

 

VYSTOCK, as a provider of information society services, offers, through the Internet, a service for the licensing and downloading of audiovisual content on an exclusive basis.

 

User account

 

In order to acquire audiovisual content, the user must register, creating a username and password and activating his account. To do so, the user must insert an e-mail address to which he/she has access in the registration process, where he/she will receive any notification related to his/her account and activity.

 

The user is solely responsible for the security and confidentiality of his password, which is non-transferable and must remain safe and secure at all times. In the event that the user suspects or has actually lost, misplaced or communicated his/her password, accidentally or intentionally, he/she agrees to notify VYSTOCK and assumes all liability arising from this event.

 

If the user is acting on behalf of a legal entity or business, he/she must indicate his/her name or company name and billing information in the corresponding section and be duly authorized to represent such legal entity or business, as well as have the power to bind the legal entity. For the purposes of using the platform, VYSTOCK assumes that the user has a sufficient power of attorney. In any case, the user in this situation accepts that he/she will be liable for any damage or harm that VYSTOCK may suffer as a result of a false registration or without sufficient powers.

 

VYSTOCK reserves the right to reject any registration that does not meet or does not conform to the standards set by VYSTOCK.

 

Each user may register for only one user account, and in the event that VYSTOCK detects an attempt to create a second account, VYSTOCK reserves the right to refuse such registration and to take further action.

 

The user is bound, at all times, to provide the information required for the creation of the account, so it will be the user’s responsibility for any damage or harm that VYSTOCK may suffer as a result of the inaccuracy of the data provided by the user or the lack of accuracy of the information.

 

In the event that we request personal data or any other type of information, this must be truthful, sincere, real and transparent.

 

The user agrees and accepts responsibility for all statements, data, content, information and details that are false, vague or inaccurate, and that may cause, cause or have caused damage, harm or loss of any kind to VYSTOCK.

 

Intellectual property and trademarks

 

VYSTOCK owns or, where applicable, has the corresponding licenses to the intellectual and industrial property rights necessary to offer its services and use the content offered on the site, including the site itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the site.

 

References to trademarks or trade names or other registered distinctive signs, whether owned by VYSTOCK or third parties, carry with them a prohibition on their use without the express prior written consent of VYSTOCK or their owners. At no time does access to or use of Vystock confer any right, title or ownership over any of the aforementioned. Users only enjoy a right to use the content and/or services.

 

It is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, all or part of the contents included in the website, for any purpose, without the prior, express and written authorization of Vystock or, if applicable, of the owner of the corresponding rights. Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the rights holders of the contents that the user finds in Vystock, as well as the technical protection devices, digital fingerprints, or any other protection mechanism or information incorporated to the contents offered.

 

In any information or content of any kind that the user submits to VYSTOCK, the user declares, warrants and agrees that

 

a. you are entitled to do so freely;

b. such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties; and

c. such information is not confidential or harmful to third parties.

 

You warrant that you will hold VYSTOCK harmless from any claims, proceedings, damages, costs, fees (including legal fees), interest and expenses, direct or indirect, arising from any communication or content you submit.

 

If, for any reason or by any means, the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual, industrial or any other type of property rights for third parties or for the user, the user must immediately notify VYSTOCK by e-mail -as indicated above- or by post -to the address indicated above- so that the appropriate measures can be taken, at the user’s sole discretion. In the event that it is a holder or assignee whose rights are affected, he/she must send a communication with at least the following information:

 

– identification data and means of contact;

– documentation that accredits its condition of holder or assignee;

– the fact of the violation or infringement and the exact location of said act within the website;

– express statement that the use of the contents has been made without the consent of the owner.

 

Trial license

 

Notwithstanding the foregoing, the user has a «trial license» so that he/she can download the audiovisual content he/she wishes to test it or check that such content is suitable for his/her own purposes, such as its fitting in a larger production or work.

 

This license constitutes a non-transferable, free, and unlimited temporal and geographical assignment of the right to reproduce the audiovisual content. According to this license, the audiovisual content may only be used for testing purposes, and on a single computer or for a single user. In the case of the use of the content in order to test its suitability for commercial purposes, the reproduction of the audiovisual content by third parties shall be limited to a maximum of 5 persons, provided that they belong to the same organizational or production unit.

 

The trial license covers the audiovisual content as is downloaded from Vystock and does not authorize the removal of the technical protection devices, digital fingerprints, or any other protection mechanism or information incorporated to the contents offered.

 

Links

 

When you encounter at Vystock links to sites, pages or environments owned by third parties or external to VYSTOCK, we want you to be aware of the following.

 

With respect to links to websites, whether by means of buttons, links, banners or embedded content, these are managed by third parties unless otherwise indicated:

 

VYSTOCK does not have sufficient human or technical means to know, control or approve all the information, content, products or services, in advance, to which you can access through buttons, links, banners or embedded content.

 

Therefore, we cannot assume any responsibility for VYSTOCK, or the site on which the content, information or services are found, to which you have been redirected outside of Vystock. Likewise, we cannot be held responsible for the operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents, in general, with respect to the pages, platforms or sites of third parties; in the event that having left the web you have actual knowledge of the illegality of the activities or content hosted on the pages of third parties, we would be grateful if you would undertake to inform us immediately so that we can immediately disable the link, advertisement, or button to that site, page or platform; consequently, the existence of any type of link to another site, page or platform shall not imply any type of relationship, collaboration or dependence with the owner(s) of that site, page or platform.

 

With respect to links from other websites to Vystock, whether by means of buttons, links, banners or embedded content, these are managed by third parties unless otherwise indicated:

 

VYSTOCK has neither the power nor the human or technical means to know, control or approve all information, content, products or services provided by other websites that establish links to Vystock.

 

Furthermore, VYSTOCK prohibits any type of link to the website from a site, platform or page that contains materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order.

 

However, a link to the web from your pages, platforms or sites, is allowed provided you meet a series of minimum requirements, namely:

 

the page, platform or site where the link is located may not reproduce, partially or in full, the content of the web (web scraping); it is not permitted to create a browser or a border environment on the sections of the website, nor may the website or app be modified in any other way; it is not permitted to make false, inaccurate or incorrect statements or indications about VYSTOCK and/or, in particular, to state or imply that VYSTOCK has authorized the link to Vystock or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which the link is established; the website where the link to Vystock is established shall not contain any information or content that is illicit, contrary to morality and public order, nor any content contrary to any third party rights, including intellectual or industrial property rights and/or the right to honor, to personal and family privacy or to one’s own image, or any content contrary to the regulations governing the protection of personal data.

 

Rules of use

 

You may not access or use the site for illegal or unauthorized purposes. Consequently, you will be solely responsible for any event arising from the violation of these rules. In particular, by way of example, but not limited to, the following is prohibited:

 

use the website in a way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party; use the environment for the transmission, installation or publication of any virus, malicious code or other harmful programs or files; use the pages to collect personal data of other Users; use Vystock in an illegal way, against good faith, morality and public order; gaining unauthorized access to any section of the Site, to other systems or networks connected to the environment, to the servers used by VYSTOCK, or to the services offered by us, by hacking or forgery, password mining or any other illegitimate means; breach, or attempt to breach, the security or authentication measures of the website or any network connected to it, or the security or protection measures inherent in the content offered; take any action that causes disproportionate or unnecessary strain on the infrastructure of VYSTOCK’s environment or systems or networks, as well as systems and networks connected to the Site; to safeguard user credentials diligently, preventing unauthorized third parties from accessing them.

 

The User acknowledges, agrees and undertakes to notify VYSTOCK immediately of any indication of the existence of: (i) a breach in the security of the environment, (ii) inappropriate or prohibited uses; (iii) the services provided from the same, or (iv) security breaches of any kind.

 

Failure to comply with any of the above will entitle us to take appropriate measures protected by law, and may lead to blocking access, without the possibility of claiming any compensation for damages.

 

Responsibility of the user

 

You warrant and undertake to hold VYSTOCK harmless against any claims, proceedings, damages, costs, costs, fees (including legal fees), interest and expenses, direct or indirect, arising from any communication or content you submit.

 

The user is solely responsible for the use or misuse of VYSTOCK’s services or the non-observance of the terms and conditions that regulate the website, and specifically its rules of use.

 

Failure to comply with the obligations or rules may result in the immediate termination and cancellation of your account and/or its services; without the right to receive compensation of any kind, and without prejudice to the corresponding legal actions that VYSTOCK may undertake.

 

You agree to hold VYSTOCK harmless against any claims or penalties that you may receive from third parties, whether individuals or public or private entities, for such violations, as well as against damages of any kind that you may suffer as a result of such violations.

 

The foregoing list is for illustrative purposes only and is therefore not limited to the above points.

 

In any case, VYSTOCK EXCLUDES ANY LIABILITY FOR ANY DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE TO OBSERVE THESE TERMS AND CONDITIONS AND ANY OTHER DAMAGES NOT SPECIFIED HERE.

 

VYSTOCK’s Liability

 

We cannot guarantee or be held responsible for:

 

the continuity of the contents and services of the website, due to events beyond our control; the absence of viruses and/or other harmful components on the website, the app or the server through which we provide our services; the invulnerability of users when browsing the environment; the lack of usefulness or performance of the contents and services of the website; and to the limit of what is legally reasonable, the damage or harm caused, to oneself or to a third party, by any person who infringes the conditions, rules and instructions established in the web, or through the violation of the security systems of the web.

 

However, we assure you that we have taken all necessary measures, within our possibilities and the state of the art, to ensure the operation of the contents and minimize errors in this, both from the technical point of view and the content published by us as suppliers on the web.

 

The environment is provided on a «best effort» basis as its quality and availability may be affected by multiple factors beyond VYSTOCK’s control, such as, among others, the geographical location of the user; limitations or restrictions of third party operators’ networks or the compatibility of the device and operating system used by the user. Likewise, users accept that the service may be interrupted when necessary for maintenance work.

 

We cannot be held responsible for the accuracy, completeness or updating of the information published on the website from outside sources, nor for that contained in other platforms to which it is linked from our environment.

 

VYSTOCK, to the extent legally possible, shall not be liable for any direct or indirect damages arising from the use or misuse of the website that exceed the amount paid by the user or contracting party as the price for the services or goods purchased.

 

Suspension of the website

 

We reserve the right to suspend, modify, restrict or interrupt, temporarily or permanently, the access, use, hosting and/or downloading of content and/or use of web services, with or without prior notice to users who do not respect any of the detailed rules, without the possibility of the user to claim any compensation for this cause.

 

In this case, we want you to know that such acts may be brought to the attention of the police and judicial authorities in case of detecting any type of infringement of current legislation.

 

Confidentiality and data protection

 

All personal data collected will be treated in accordance with the provisions of the Privacy Policy of VYSTOCK that everyone must accept, both for our use of cookies and for registration as users. You can read our Privacy Policy here.

 

Miscellaneous

 

In addition, you should note that:

 

in the event that any provision hereof is declared invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions;

 

the failure by us to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by you.

 

In any case, VYSTOCK reserves the right, at any time and without prior notice, to modify or delete the content, structure, design, services and conditions of access and/or use of this site, whenever it deems appropriate, provided that such change does not affect the principles and rights of users regarding the protection of their personal data, or involve a breach of such regulations and the right to interpret these conditions, in all matters that may arise in their application.

 

Applicable legislation and competent jurisdiction

 

Whenever the regulations in force for this purpose provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to the web site, the Spanish legislation in force at the time of the dispute shall apply, and any dispute submitted to arbitration shall be administered by the Court of Arbitration of the Chamber of Commerce, Industry and Navigation of Cantabria, in accordance with its Regulations and Statutes, which is entrusted with the administration of the Arbitration and, where appropriate, the appointment of the arbitrator or arbitrators.