WEBSITE LEGAL WARNING
This contract is granted in accordance with the provisions established in Law 34/2002 of July 11th, pursuant to information and electronic commerce business services, Organic Law 15/1999 of December 13th pursuant to Protection of Personal Data, and it will be governed by the provisions set forth therein and the agreements of this contract, and supplementarily, by the provisions of the Civil Code and applicable current legislation.
The rendering of any of the clauses, pacts, agreements or conditions as null and void, invalid, ineffective or abusive, shall not affect the validity or efficacy of the remaining, which shall remain binding for the parties, who shall be bound by the rest of the clauses, pacts, agreements or conditions.
1.- General Information
2.- General Contracting Conditions.
The general conditions specified in this point regulate the use of the website by users and project promoters. Users are any people who create an account on the website and who register for participation, whereas project promoters are any people who submit an application for name searching, for an event, company, service, product or anything else.
The use of the website entails full acceptance, without reservations, by users of each and every one of the provisions included in this legal warning, as well as the specific conditions that may be established between the company and users or promoters. In case of disagreement by users, with any of the established conditions, the user must refrain from using the website.
The website managing company reserves the right to suspend, interrupt or close the website, to delete or modify any aspect or contents thereof, at any time without prior notice and without any justification, without this leading to any kind of liability in the company for any of these rights, neither will it be liable for any delays or breaches by users.
3.- Financial compensation and payment obligations.
The objective of the website is to disseminate creative ideas by users, required by third parties who submit an application to search for a name for their business, event, product, service or any other item included in names trade, with users submitting suggestions within a given deadline and the third party chooses two names from which the final one will eventually be selected. Users will receive financial compensation in exchange, without the project promoter being allowed to take part in his/her own project.
The website management company reserves the right to unilaterally modify the financial commissions of considerations the website users have the right to, without justification or prior notice. Although the company promises to send a notification via email, solely on changes in financial compensation, with 15 days prior to the implementation of such changes, so that in case of not being in accordance the users and sponsor can unsubscribe the site.
The earnings obtained by the website will be distributed as follows:
1.- From the amount offered by the project promoter, which is a minimum of one hundred and eighteen euros (€ 118.00) and a maximum of two thousand, nine hundred and ninety-nine euros (€ 2,999.00), the corresponding tax, Value Added Tax or any other that replaces it, must be deducted.
2.- From the remaining net amount, 34% will be for profits by the website manager and the remaining 66% will be distributed amount the users as follows:
1.- 60.61% for the first name chosen or selected by the project promoter.
2.- 15.15% for the second name chosen by the project promoter.
3.- 15.15% for the voting system, distributed among the voters of the favourite names for each project.
4.- 9.09% for the kitty, to be distributed among the most participative users of the month.
Any amounts charged to the website management company, such as banking commissions or any other amount featuring as direct costs, shall be deducted from the amount payable to users, and the Tax on Prizes or any other that replaces it in the future.
To request payment is obligatorio present the identity card, in addition to the email with wich you are registered, if it is through paypal. Being valid only for one user. that is, with documentacion of identity can only be made to pay user, and also in the case of payment through paypal.
The company responsible for the website will not have the obligation of paying until the user has correctly filled in the information requested on registration, any may be able to refuse any amounts to which users have the right if the latter have breached any of the clauses established between users and the website. Any delivery of contents that breaches the intellectual property rights of a third party, may entail the loss of any considerations obtained by users that remain unpaid by the company responsible for the website.
4.- Rules for using the website and access conditions
The company responsible for the website is not responsible for the contents provided by the users. Users of the website hereby undertake to use the services provided herein, in accordance with current legislation, these rules for use of the website, the specific conditions established between the use and the company responsible for the website, the specific instruction reported to each user individually, as well as in accordance with moral standards, goodwill, generally accepted customs and public order.
Users must refrain from using the website or any contents thereof for illegal purposes, damaging the rights and interests of third parties, the company responsible for the website or the rest of the users, or that threaten the safety of public order, criminal investigation, public safety and national defence, protection of public health or that of individuals or businesses who are consumers or users, including when they are acting as investors, respecting the dignity of people and the principle of non-discrimination of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, protection of youth and children, and safeguarding the intellectual property right.
5.- Intellectual property
The whole website, including its design, structure and distribution, texts and contents, logotypes, brands, trade names, buttons, images, graphic drawings, designs, sounds, databases, flow charts, presentations, audio and video, font code, and all other intellectual and industrial property rights and any other distinctive signs, belong to or have been ceded to the website management company.
Users do not have the right to use, alter, exploit, reproduce, distribute or publicly communicate the website or any of its contents, without specific consent by the website management company of the holder of the affected right.
In the event of any name suggestion being accepted by project promoters, the selected user will fully transfer each and every one of the copyrights and Intellectual Property rights that he/she could hold over said content, granting the project promoter all the rights, holdings and interests over said content, perpetually and without limitations, free from royalties and licences, with the right to reproduce, display, distribute, execute, transfer, edit, modify, publish, exploit, use and dispose of said content for any purpose, in all known methods and media or any others that could become known in the future, as well as disposing of any income stemming from those rights to the sponsor.
If they are selected, users accept the financial consideration offered them by the website, as settlement for each and every one of their expectations in terms of the contents provided to the promoter, being unable to claim any other consideration in the future for any item, and accepting the financial consideration as fair, assuming the risk in relation to the market value that said content could reach in the future.
The website is not responsible for any breaches by users of copyrights, patents, brands, trade secrets or any other intellectual property, with the user being the only party responsible for not violation current legislation in terms of the aforementioned rights and fully accept any judicial or administrative consequences stemming from any violations.
The company responsible for the website is not responsible for the choice of winners names, it is the responsibility of the sponsor or client requesting a service on the web and will be your responsibility to check that registration is free and the validity of that name . In case there was a third party affected by the registration of that name, the company will not be responsible for it, is the responsibility of the promoter because is that which has the final say in choosing that name.
6.- Data Protection
In compliance with the regulations pursuant to personal data protection, users are hereby informed and accept that the data they provide in view of this website will be included in a computerised file for which Naming All Things is responsible, and its managing director Mr. Juan Manuel Navarro Cotanda, with registered address at Calle San Vicente de Paúl, No. 28 Puerta 7, Lliria (Valencia), holder of National ID Card numbered 73.566.614-X, with the only purpose being the management of these commercial relations.
The data that is compiled is necessary for contractual relations and failure to supply said data will lead to the impossibility of holding said contractual relations.
Likewise, the undersigning parties are hereby informed and agree to their data being used to send them any kind of commercial information about the action carried out by the website management company or any of its associates, where applicable.
The rights to use, rectification, cancellation and opposition can be exercised by the interested party under the terms indicated in the aforementioned regulation, by writing to the aforementioned registered address, where they may also exercise their right to revoke the granted authorisation.
If they do not wish to give consent for the website management company to process their personal details for sending them publicity or communicating data, they may obtain the relevant form by sending an e-mail to the provided address at Namingallthings@namingallthings.com.
7.- Limitations and exclusions of liability for contents.
In addition to the aforementioned exclusions herein.
The company managing the website provides links to other contents or includes in the different directories or contents search instruments, and is not responsible for any of the information the provided to the addressees of these services, and in the event of being informed of any breaches, may delete or disable the link.
The website management company may host data provided by the addressees of this service while not being responsible for any stored information, even though the activity or the stored information is illegal or damaging to the rights or assets of a third party susceptible to compensation and may withdraw the data or prevent access to it.
The company responsible for the website does not guarantee absence of virus or other damaging items that could cause damage or alterations to computer systems, either in the electronic documents or users’ files of this website. Consequently, it shall not be liable for damages that said elements could cause to users or third parties.
The website management company will not be liable for any errors caused by translation of this legal warning or the website in any other languages, given that it was drafted in the Spanish language.
In order to settle any conflicts that may arise through the interpretation, execution or any breaches of this contract, of any of its clauses, or any controversies that may arise between the website management company and sponsors or users thereof, the parties shall subject themselves to the jurisdiction and competence of the Courts of Lliria, specifically revoking any other jurisdiction that could pertain to them.
Any legal costs and charges shall be covered by the users or the promoters, including lawyers’ and solicitors’ fees, even if intervention by them is not perceptive, that may arise as a result of any breaches of this contract.