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These Usage Conditions describe the terms and conditions applicable both to the use as well as access and effective usage of the services that this WEBSITE offers you.
To access said WEBSITE and send any type of SMS to use the WEBSITE services, you must declare to know and accept each one of the clauses that are mentioned below.
ONE.- PROPERTY OF WEBSITE
The proprietorship of this WEBSITE corresponds to the Corporation, Simoes Bis S.L, ("SIMOES") with Tax Number (CIF) B-54182308, properly registered in the Mercantile Register of Alicante in book , tome , folio , and sheet , and registered office in calle Conde de Soto Ameno nº 56 - Entresuelo 03005 Alicante. Where required, there is the possibility that the proprietorship of the personal data files will not be SIMOES but third parties that exploit the WEBSITE. For these effects, we request that you carefully read clause SIX of these USAGE CONDITIONS.
TWO.- SERVICES
This WEBSITE constitutes a system of forums or notice boards in which people of legal age and with different gender can contact each other for the purposes which they consider suitable.
The WEBSITE does not sponsor, promote, nor is it involved in any way in the contacts which are created between you and the other users of the WEBSITE, where it is limited to a mere intermediary or computer application which facilitates the contact with other users. SIMOES does not offer any type of guarantee of the success, reliability, authenticity of the profiles of the users who are announced or their data, since it does not supervise the contents in any circumstances, where it is limited to a mere intermediary which stores the contents acting in accordance with the scope and limitations which are granted to this type of services by Law 34/2002 of the Services of Information Society and Electronic Commerce.
The contact between different users can be performed by means of the SMS or short text messages system of mobile phones. SIMOES does not provide guarantees of success in relation to the correct sending and/or receipt of the SMS which the different users remit.
THREE.- INTELLECTUAL AND INDUSTRIAL PROPERTY
Except when it is expressly indicated, SIMOES is the full and exclusive proprietor or where required, holder of the corresponding licenses in relation to all the rights of intellectual property, rights of industrial property, rights of domain in Internet and associated rights on the documentary, graphic, musical, audiovisual, multimedia, scientific, artistic, and methodological contents of the WEBSITE. The reproduction, public communication, use, and transformation or modification, and provision of the availability of these contents is prohibited without the prior express written consent from SIMOES, even when citing the source, and independently of the remunerated or non-remunerated nature of these actions. Any infringement of the aforementioned rights will give rise to the legally established liabilities.
You must abstain from performing any act which infringes the rights of intellectual and industrial property of the graphics, trademarks, logotypes, designs, drawings, texts, programming, software, and other multimedia elements which are displayed in the WEBSITE, where you equally cannot alter or manipulate the mention of "copyright" or other identification data of the rights of intellectual or industrial property of SIMOES or the proprietors of the contents incorporated to SIMOES or third parties as well as the technical protection devices, digital fingerprints, or any other protection instruments of the contents.
The persons that have the intention to establish a text or graphic link from their web page to SIMOES must respect the following conditions: (i) the link must lead to the “Home” page of the WEBSITE; (ii) the WEBSITE must be displayed from the server used by SIMOES without "browsers", "frames", or any other applications or added elements which transform the content, design, and original structure of the WEBSITE in any way; (iii) it shall not make any false manifestation or provide incorrect information about the WEBSITE from the web page in which the link is performed; (iv) the web page in which the link is established shall not contain data or contents contrary to the law, these General Conditions of Usage, the public order, to the generally accepted standards and customs in the sector of SIMOES specific activity, equally, it will not contain information or contents contrary to the rights of third parties; and (v) the establishment of the link between the web page of the user and the WEBSITE does not in any way involve the existence of relations between both parties nor between their proprietors, where it cannot be understood in any way that SIMOES has authorised the link, supervised or assumed in any way the contents or services of the web page in which the link is established. Consequently, SIMOES reserves the right to prohibit the link to its WEBSITE at all times, where for this purpose, it is not necessary to allege cause or justification. Any other usage of the WEBSITE will require a prior agreement in writing which must be directly subscribed with SIMOES or any of its authorised agents and collaborators.
FOUR.- FUNCTIONING OF THE WEBSITE
The requirement in order to participate in the SMS services is that the minimum age of the user must be 18. The distribution of contents which are contrary to the legal dispositions is prohibited; it specifically prohibits the distribution of xenophobic, racist, and pornographic contents. An infringement against this agreement shall authorise SIMOES to the prohibition and immediate cancellation of the user.
The user promises to facilitate real and complete data in relation to his/her person above all in the indication of the mobile phone number which must always be the mobile telephone line of his property in all circumstances. In a specific way, you promise not to include false data or data from third parties in the spaces corresponding to the mobile telephone number.
You are obliged to abstain from using the WEBSITE in any way which can damage, deactivate, overload, or deteriorate it or hinder its normal usage or enjoyment by other clients. Specifically, you promise not to hinder the good functioning of the WEBSITE in any way, and especially, not to improperly overload the bandwidths or any other technical element susceptible to damage, not to transmit any element susceptible of containing a virus, Trojan-programmes, logic bombs, and in general, any other element susceptible of totally or partially damaging, intercepting, or interfering with the good functioning of the WEBSITE.
The proprietors of the message announcements are obviously not obliged to respond to the SMS which shall be addressed to them. Consequently, there is not any obligation of response for the user. For this reason, the issuers of a SMS do not possess the reimbursement rights of the paid rate.
It is not permitted to offer or distribute merchandise or services by means of the chat system without written authorisation from SIMOES. This is especially valid for the so-called “Spamming” in Chat areas. SIMOES is authorised to suspend the user without prior notice in the case of infringement.
SIMOES does not have any influence on the contents of the user profile; specifically, it cannot verify if the descriptions of a profile are real. For the animation of the Chat system, several contacts are managed by means of the Administrators, which are in charge of carrying out chat dialogues with the users for the correct execution of the service. Expenses are only generated in the case that the user generates a message via SMS by means of his mobile telephone. The expenses will be discounted with the corresponding SMS message. (Cost of sms: 1.2 € + VAT and other indirect taxes, where required).
FIVE.- FUNCTIONS OF SIMOES
SIMOES cannot be liable for the defects of the network which must be attributed to the mobile telephone operator, and specifically as an informative and not restrictive summary, the following defects: Interferences due to atmospheric conditions, lack of coverage of the mobile terminal of the user, defects in the mobile terminal of the user, supply defects of the operator(s) network of mobile telephone, improper or fraudulent manipulation of the mobile telephone terminal of the user.
SIMOES can establish periodical quality controls in order to verify the correct functioning of the Platform, the system, and connections to the network. You accept that the WEBSITE has been designed in good faith by SIMOES which, in any case, can contain inaccuracies or errors which will be rectified by SIMOES in the briefest possible period as soon as they possess knowledge of this.
Equally, SIMOES is not liable for the potential errors or defects of security which can occur due to your usage of a browser with a non-updated or non-secure version as well as for damages, errors or inaccuracies which can be derived from its malfunction.
At any time, SIMOES can require you to accredit the fulfilment of the obligations derived from these GENERAL CONDITIONS, where it can cancel you in an automatic way in the case that this fulfilment cannot be accredited.
SIX.- PROTECTION OF DATA OF A PERSONAL NATURE
All the data of a personal nature provided by means of this WEBSITE and which you facilitate at all times by means of the WEBSITE will be included in an automated data file in the proprietorship of Simoes Bis S.L, with Tax Number (CIF) B-54182308 and registered office in calle Conde de Soto Ameno nº 56 - Entresuelo 03005 Alicante and maintained under its liability.
The aim of this file is the fulfilment and management in a suitable way of the relations that we maintain with you, as well as to keep you informed of the internal or external commercial offers which can be of interest to you, by means of any communication medium, including electronic or remote/telematic channels.
Equally, at all times, you can access this file with the aim to exercise the rights of access, rectification, cancellation, and opposition in relation to your personal data. These rights can be exercised by means of notification by a written letter addressed to the Central Office of the Company located in the aforementioned registered office.
The remittance of your personal data by means of this web page and in a specific way, the sending of the SMS messages with the aim to use the service, shall be considered for all effects as the express and unmistaken consent for the processing of your data of a personal nature in the terms set forth in this Privacy Policy. The registered user in this portal provides his/her image and data for promotions of the service both in offline and online mediums.
SEVEN.- JURISDICTION
This contract shall be governed by Spanish law. The parties with express renunciation of the jurisdiction which could correspond to them are subject to the Courts of Law and Justice of Alicante, Capital, for any discrepancy which could arise in the fulfilment of the obligations of this contract, unless the imperative law sets forth the competency of a different jurisdiction.
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