Sozialens, S.L., hereinafter SOZIALENS, is a company of Spanish nationality, with registered office in Madrid, Paseo de la Castellana, No. 194 ground floor door B. and NIF B70690953, and manages each website ("Website") contemplated in these Conditions of Use so that you can have access to information about Sozialens and our products, services and offers. The use of the Sozialens Service for clients is governed by the Terms and Conditions of Service, available at https://legal.sozialens.com/es/terminos-condiciones-generales-servicio and the use of the Sozialens Service for influencers is governed by the Terms and Conditions of Use for Influencers, available at https://sozialens.com/es/legal/terminos-de-uso-para-influencers.

By accessing and using the Site you agree to these Terms of Use.

1. Authorized use of the Website

You may use the Website and the information, text, images or other works you view, hear or otherwise access on the Website (either individually or collectively, the “Content”) solely for personal, non-commercial purposes or to learn about Sozialens products and services, subject to these Terms of Use.

2. Unauthorized use of the Website

By accessing the Website, you agree that you will not:

• Use the Website in violation of these Terms of Use;
• Use the Website in violation of the terms of Sozialens' Acceptable Use Policy available at https://sozialens.com/legal/acceptable-use-policy.
• Copy, modify or create a derivative work of, reverse engineer, or otherwise attempt to discover any source code of the Website, or permit any other party to do so;
• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any rights, or make available to any third party the Content or the Service in any way.
• Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Website in a manner that sends more requests to Sozialens servers in a given period of time than a human can reasonably submit in the same period by using a conventional web browser;
• Use the Website in any manner that disables, overburdens, disrupts, or impairs any Sozialens website or inhibits others’ use and enjoyment of the Website;
• Mirror or frame the Website, or any portion thereof, on any other website or web page.
• Attempt to gain unauthorized access to the Website;
• Access the Website by any means other than through the interface that Sozialens provides to access the Website;
• Use the Website in any manner or for any purpose that is unlawful or prohibited by this Agreement.

Unauthorized use of the Content or the Website may violate intellectual property rights, among other laws.

3. Intellectual and Industrial Property Rights

The Site is based on technology created by Sozialens, including the Content. The Website is protected by, among others, applicable intellectual property laws, including trademark and copyright laws. The Website and all intellectual property rights therein are owned and controlled by Sozialens and/or its licensors (if any). Sozialens owns and retains all copyrights in the Content. Except as expressly authorized on the Website and in relation to certain Content, you may not copy, reproduce, modify, publish, upload, post, transmit, perform or distribute the Content in any way whatsoever. You agree that you will not, by any means, modify, license, lease, loan, sell, distribute, transmit, broadcast or create derivative works based on all or part of the Content or the Website. Sozialens, its logos, design and other brands that Sozialens may use are trademarks of Sozialens. The presentation, layout, colour combination and design of the Sozialens.com site are distinctive trademarks and are protected. The Client does not acquire any right or licence to use them. Sozialens may use and incorporate into the Website and the Sozialens Service any suggestions, recommendations and other observations that you make, without conditions or obligation of payment.

Sozialens respects the intellectual and industrial property rights of third parties and requires its users to behave in the same way. It is at Sozialens' sole discretion to suspend access or cancel the accounts of those users who do not respect the intellectual and industrial property rights of third parties.

If you believe that your work has been copied in any way that may infringe the Sozialens website, you can send us an email to [email protected].

4. Information and Materials You Post or Submit

You represent that you have all right, title and interest in and to the content that you post on the Website or otherwise provide to Sozialens (“Materials”). These include, without limitation, any third party consents, releases, permissions or licenses (for example, without limitation, any permissions relating to rights of privacy or publicity) that are necessary for you to provide, post, upload, input or submit the Materials, and that the posting of such Materials does not infringe or constitute the infringement of any patent, copyright, trademark right, trade secret, right of privacy, right of publicity, moral rights or other intellectual property right recognized by any jurisdiction of any person or entity, nor constitute in any way a breach of any agreement with any other person or entity. You further represent and warrant that you are the person you claim to be, that you have not provided any fictitious, false or misleading information about yourself, and that all information contained in the Posted Materials is true and created by you or authorized to submit, and that the Posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic material, or other material that would violate any applicable law or regulation. You agree that you will not knowingly provide misleading material and information with intent to commit a criminal offense. You represent and warrant that the Materials you provide do not violate these Terms of Use.

5. Links to Third Party Websites

Links on the Website to third party websites or information are provided solely as a convenience to the user. By using these links, you leave the Website. Such links do not represent or imply that Sozialens approves, sponsors or recommends any third party, its website or the information contained therein. Sozialens is not responsible for the availability of any such websites. Sozialens is not responsible for and is not liable for any such websites or their contents. When you use links to the websites of Sozialens' partners or service providers, you leave the Website and will be subject to the terms of use and privacy policies applicable to those websites.

6. File Download

Sozialens cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by malware or other harmful computer code, files or programs.

7. Disclaimers, Limitations of Liability

SOZIALENS AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE WEBSITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOZIALENS AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENTS OR INFORMATION OBTAINED BY YOU FROM SOZIALENS BY ANY MEANS OR MANNER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOZIALENS OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR COVER OR LOSS OF USE, DATA, ECONOMIC REVENUE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR FOR ANY CONTENT OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOZIALENS OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. A CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF SOZIALENS OR ANY OF ITS SUPPLIERS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF NOTWITHSTANDING ANY OTHER TERMS OF THIS AGREEMENT SOZIALENS CHOOSES TO ACCEPT ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, INJURY OR DAMAGE, YOU AGREE THAT THE TOTAL LIABILITY OF SOZIALENS AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, ASSOCIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WILL IN ALL CASES BE LIMITED TO ONE HUNDRED EUROS.

8. Compensation

You understand and agree that you are personally responsible for your conduct on the Website. You agree to indemnify, defend and hold harmless Sozialens, its parents, subsidiaries, affiliates, joint ventures, business partners, licensors, employees, agents and any third party information providers, from and against any and all claims, losses, expenses, damages and costs (including, without limitation, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse or inability to use the Website or the Content, or any violation by you of these Terms of Use.

9. Privacy

Your use of the Website is subject to Sozialens Privacy Policy, available at https://sozialens.com/es/legal/politica-de-privacidad

10. Additional Terms and Conditions of Service

a. Clients. If you are a Sozialens client or an employee, representative or agent of one of its clients, your use of the Sozialens Service is subject to the Sozialens terms, available at https://sozialens.com/legal/terms-general-conditions-of-service.

b. Influencers. If you are a Sozialens influencer or a content creator, representative or agent of one of its influencers, your use of the Sozialens Service is subject to the Sozialens terms, available at https://sozialens.com/legal/terms-of-use-for-influencers.

11. General provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof. No waiver by Sozialens of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical or other errors and inaccuracies and may be incomplete or out of date. Therefore, Sozialens reserves the right to correct errors, inaccuracies and omissions and to change or update the Content at any time without notice. However, Sozialens does not guarantee that all of them will be corrected.

c. Invalidity and Ineffectiveness of Clauses. If any part of these Terms of Use is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use will not be affected and will remain in full force and effect.

d. Applicable Law and Jurisdiction. Any dispute arising in connection with these Terms of Use, or the Sozialens Privacy Policy, your use of the Website, any other Sozialens website or the Content shall be governed by and construed in accordance with Spanish law, without regard to any provision on conflicts of laws. You expressly waive any jurisdiction that may apply to you under the law and submit in any event to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid.