1.1 This Black Moose, S.L. (“Policy”) sets out how Black Moose, whose registered offices are at Pj Carsi 16, 08025, Barcelona, Spain (hereinafter “Black Moose”, “we”, “us”, “our”) collect and process information about you when you visit our website (“Website”). By continuing to use this Website, you consent to your information being processed in accordance with this Policy.
2. Personal information we collect and how we use it
2.1 Information you give us. You may give us information, including information that can identify you (“personal information”), when you use our Website, correspond with us, or enter into any of our competitions, promotions or surveys. Where we request information from you, we will collect the information set out in the relevant forms or pages. You may choose to provide additional information to us when you contact us or otherwise interact with us.
2.2 If you are a regular user of our Website, you may wish to create an Account (“Account”) with us. The information that you provide when setting up your Account may include your name, email address and telephone number. If you register to hold an Account with us, you will also have a unique password which enables you to access your Account.
2.3 If you purchase any games, services, apps or other goods on our Website, we will also collect your delivery address, billing address and payment information. Please note that we will not be storing your payment information, this will be done via a third party payments company. If you subscribe to receive our newsletter, then you will provide us with your name, email address, gender and date of birth.
2.4 The personal information that you provide to us will be used for the purposes of enabling you to use our Website and making purchases via the Website, for administrative and troubleshooting purposes and in order to send you marketing materials (should you opt in to receiving marketing material from us). As explained in Section 2.8 below, we may also use this information for further purposes when combined with other data we collect about you.
2.5 Information we collect automatically. When you visit our Website, we may automatically collect the following information: your IP address, log-in information, location information, browser type and version, browser plug-in types and versions, operating system and platform, information about your visit including the URL clickstream to, through and from our Website, products you viewed or searched for, download errors, length of visits to certain pages and page interaction. We collect information automatically through the use of various technologies, including through “cookies”, and this is explained further below.
2.6 We use the information we collect automatically: (1) to administer our Website for internal operations including troubleshooting purposes; (2) to ensure that content from our Website is presented in the most effective manner for you and your devices; (3) as part of our effort to keep our Website safe and secure; (4) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and (5) to make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.
2.7 Information we receive from other sources. We may receive information about you if you use any of the other services we provide on this Website, or from other Black Moose entities and affiliates. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them (including information that is publicly available).
2.8 Where permitted by law, we may combine this information we receive from other sources, including from social media websites, with information you give to us and information we collect about you, including cookie information. We may use this information and the combined information for learning more about your preferences as our customer, for enhancing your user experience on our Website and for providing you with information, content and offerings tailored to your needs.
3. How we share and disclose your information
4. How to opt in or opt out of direct marketing
4.1 We, and selected third parties, may use the information you give us on our Website for direct marketing purposes to provide updates; newsletters; events; or other communications that we think may interest you. Where required by law, your prior consent will be obtained before sending direct marketing. In any event, we will offer you the option to unsubscribe in every communication sent.
5. Analysis and Advertising
6. Cookies and other technologies
6.2 For information about the specific cookies used on this Website, please refer to our Cookies Policy.
7. Links to other websites and social media
7.2 On some pages of our Website, third parties that provide content, applications or plug-ins through our Website may track your use of content, applications and plug-ins or customize content, applications and plug-ins for you. For example, when you share an article using a social media sharing button on our Website (e.g., Facebook, Twitter, or Google Plus), the social network that has created the button will record that you have done this. For more information on social media plug-ins on our Website, see our Cookies Policy.
8. Data Retention
8.1 We will not retain your information for longer than is necessary for our business purposes or for legal requirements. However, please be advised that we may retain some information after you have closed your Account with us, for instance if doing so is necessary to meet our legal obligations, such as retaining the information for tax and accounting purposes.
9. Your Rights
9.1 If you wish to obtain a copy of personal information that we hold about you, please contact us at the address below. Before responding to your request, we may ask you to verify your identity and to provide further details about your request. We will endeavor to respond within an appropriate timeframe and, in any event, within any timescales required by law.
9.2 If you have chosen to have an Account then you can access the personal information we hold about you via your Account to obtain a copy of it and to correct, amend, or delete information that is inaccurate. You can also close your Account at any time.
9.3 It is your responsibility to ensure that you submit true, accurate and complete information to your Account and keep it up to date. You may also update your personal information by contacting us, using the contact details provided below. Please make sure to include your name, username and post code in your initial correspondence; this helps us protect the details and preferences on your Account from unauthorized access.
10. Information Security
10.1 We apply appropriate security measures to protect your personal information that is under our control from unauthorized access, collection, use, disclosure, copying, modification or disposal. All information you provide to us is stored on secure servers.
10.2 Where you have a password, which enables you to access our Website, you are responsible for keeping this password secure and confidential.
11. Internet-based Transfers
11.1 Given that the Internet is a global environment, using the Internet to collect and process personal information necessarily involves the transmission of data on an international basis. While we generally store all of the personal information that we collect about you through our Website in your region (for example for European visitors, in the European Economic Area), it is possible that your personal information will be transmitted to parties outside your region (where data protection laws may be different). If such transfer happens, we ensure that it takes place in compliance with contractual or other measures to protect the information.
12. Use of this Website by Minors
12.1 If you are aged 14 or under, please get your parent’s/guardian’s permission before you provide information to us via our Website. Users without this consent are not allowed to provide us with information and, in the event that they do so, we will cease to process their information as soon as we find out.
13. Changes to the Policy
13.1 This Policy was last updated on 25.01.2018. A notice will be posted on our Website home page for 30 days whenever this Policy is changed in a material way. By continuing to use our Website you confirm your acceptance of the relevant changes.
14. Questions about this Policy
14.1 This Website is maintained by pleasewebme.com If you have a question, concern or complaint about this Policy or our handling of your information, you can contact us by email on firstname.lastname@example.org. .
2. What is a cookie?
2.1 A cookie is a small text file or a piece of information that may be stored on your computer or mobile device when you visit a website. Almost every website uses cookie technology. Cookies serve a number of purposes such as letting you navigate between webpages efficiently, remembering your preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have visited our Website before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests. This functionality makes cookies extremely useful to improve your user experience when you return to a website you have already visited.
3. How long do cookies last for?
3.1 Cookies can remain on your computer or mobile device for different periods of time. Some cookies are ‘session cookies’. These cookies exist only while your browser is open and are deleted automatically once you close your browser. Other cookies are ‘persistent cookies’. These cookies survive after your browser is closed until a defined expiration date. They can be used by websites to recognise your computer when you open your browser and browse the Internet again.
4. What other technologies are used to track my Black Moose visits?
4.1 We may also use other tracking technologies, such as pixel tags and web beacons, to better tailor Black Moose Sites in order to provide a better service. These technologies usually work in conjunction with cookies. To disable cookies used on Black Moose Sites, and therefore any other tracking technologies that work in conjunction with these cookies, please follow the instructions below.
5. What types of cookies do we use?
5.1 There are two broad categories of cookies.
5.2 Cookies that are essential for the operation of Black Moose Sites, also known as Strictly Necessary Cookies, enable features without which you would not be able to use Black Moose Sites as intended. Your consent is not required for the use of Strictly Necessary Cookies, which is why Strictly Necessary Cookies cannot be disabled using the features of or the links Black Moose Sites. However, you have the option to completely disable cookies in your browser at any time. The other category of cookies is cookies which, in strictly legal terms, are not essential to use Black Moose Sites. Nevertheless, these cookies do still fulfil important functions. You may disable any of these cookies via your browser settings or by using the links provided in the list below. However, if you do so, various functions of the Black Moose Sites may be unavailable to you or may not work the way you want them to.
5.3 The specific types of cookies served through Black Moose Sites are described below:
Strictly Necessary Cookies.
These cookies are necessary to provide you with services available through Black Moose Sites and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like shopping baskets and secure customer account pages, would not be possible.
Black Moose – Not applicable.
These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same advertisements from continuously reappearing, ensuring that ads are properly displayed, and in some cases selecting advertisements that are based on your interests.
Adtech (a division of AOL platforms) – http://privacy.aol.co.uk/cookie-information
AddThis – http://www.addthis.com/privacy/opt-out
Google AdWords – http://www.google.com/settings/ads
DoubleClick – http://www.google.com/settings/ads
Quantcast Measure – https://www.quantcast.com/opt-out/
Google Adsense – http://www.google.com/settings/ads
Google AJAX Search API – http://www.google.com/settings/ads
Soundcloud – https://soundcloud.com/pages/privacy
Criteo – http://www.criteo.com/privacy/
Twyn – http://et.twyn.com/html/datasafe.html
Plista – https://www.plista.com/de/optout
Outbrain – http://www.outbrain.com/legal/privacy-713/#Four
Twitter Advertising – You may disable tailored advertisements via your Twitter settings by visiting the “Promoted content” and “Personalization” sections.
Adition – http://www.adition.com/en/contact/privacy/
Google Dynamic Remarketing – http://www.google.com/settings/ads
Meetrics – http://www.meetrics.com/en/dataprivacy/
Smart AdServer – http://smartadserver.com/privacypolicy
AdverServe – http://www.adverserve.com/fileadmin/adverserve/dokumente_download/datenschutzerklaerung_adverserve_29.8_RV_englisch.pdf
Sizmek – http://www.sizmek.com/about-us/privacy
These cookies collect information that is used, either in aggregate form to help us understand how Black Moose Sites are being used or how effective our marketing campaigns are, or to help us customize Black Moose Sites for you. This information will also be used for the purpose of evaluating your use of Black Moose Sites, compiling reports on Black Moose Site activity for Black Moose Site operators and providing them other services relating to Black Moose Site activity and internet usage.
Webtrends – You may disable any of these cookies via your browser settings. If you do so, various functions of the Black Moose Sites may be unavailable to you or may not work the way you want them to.
Google Analytics – You may disable any of these cookies via your browser settings or by downloading a browser add-in: https://tools.google.com/dlpage/gaoptout?hl=de If you do so, various functions of the Black Moose Sites may be unavailable to you or may not work the way you want them to.
Facebook Pixel – You may disable any of these cookies or similar technologies via your browser settings. If you do so, various functions of the Black Moose Sites may be unavailable to you or may not work the way you want them to.
Webtrekk – https://www.webtrekk.com/en/index/opt-out-webtrekk/
DoubleClick Floodlight Counter Tag – www.google.com/settings/ads
Crazy Egg – www.crazyegg.com/opt-out
Brightcove (Metrics) – https://www.brightcove.com/en/privacy/
New Relic – http://newrelic.com/privacy
Conviva – http://www.conviva.com/privacy-policy/
KissInsights – https://www.kissmetrics.com/privacy/#controls
TURN – http://www.turn.com/trust/consumer-opt-out
ScanScout (used by Tremor Media and Brightcove) – http://www.tremorvideo.com/en/privacy-policy
Outbrain – http://www.outbrain.com/legal/privacy-713/#Four
OEWA (www.oewa.at) – http://www.oewa.at/
AGOF (www.agof.de) – http://optout.ivwbox.de/
Infonline – http://optout.ivwbox.de/
Mixpanel – https://mixpanel.com/optout/
User Voice – https://www.uservoice.com/privacy/
GfK – http://www.gfk.com/Pages/Privacy.aspx
Hybris Profile – https://profile.yaas.io/#!/opt-out/redbull/
Salesforce DMP – http://www.krux.com/privacy/consumer-choice/
Emarsys Web Extend – https://www.scarabresearch.com/privacy/
Social Media Cookies.
On some pages of Black Moose Sites, third parties that provide applications through Black Moose Sites may set their own cookies in order to track the success of their applications or customize applications for you. For example, when you share an article using a social media sharing button on a Black Moose Site (e.g., Facebook, Twitter, or Google Plus), the social network that has created the button will record that you have done this. Because of how cookies work, we cannot access these cookies, nor can the third parties access the data in cookies used by us. Some pages of Black Moose Sites may also contain embedded content, such as video content from YouTube, and these sites may set their own cookies.
Facebook Connect + Social Plug-ins – If you want to prevent this, you must first log out of your Facebook account before activating the Facebook plug-in and then delete all Facebook cookies after visiting Websites with Facebook plug-ins.
Twitter – Log out of your Twitter account before activating the Twitter plug-ins and then delete all Twitter cookies after visiting Websites with Twitter plug-ins.
Google+ – Log out of your Google+ or Google account before visiting our Website.
Pinterest – https://help.pinterest.com/en/articles/personalization-and-data-other-websites
Reddit – http://www.reddit.com/help/privacypolicy
Gigya Socialize – http://www.gigya.com/optout-choices/
Soundcloud – https://soundcloud.com/pages/privacy
WhatsApp – http://www.whatsapp.com/legal/#Privacy
AddThis – http://www.addthis.com/privacy/opt-out
Beacons and Widgets.
Web beacons operate in a similar way to cookies and are placed on websites or in an e-mail in order to monitor the behaviour of the user visiting the website or sending the e-mail.
Errorception – https://errorception.com/docs/privacy
Google Tag Manager – http://www.google.com/settings/ads
7. How to control or delete cookies
7.1 You can control cookies served through Black Moose Sites using any of the following means:
7.1.1 Cookie opt-out links. You may reject cookies served through Black Moose Sites by following the opt-out links provided in the table above.
7.1.3 Browser settings. While most web browsers accept cookies by default, you can change your browser’s settings to reject and/or to remove cookies. As the precise means by which you may do this will vary from browser to browser, please visit your browser’s help menu for more information.
7.2 Please also note that if you choose to reject or remove cookies, doing so may prevent certain features or services of Black Moose Sites from working properly and therefore affect your experience while on Black Moose Sites. Areas of Black Moose Sites that can potentially incorporate content from third parties, and which therefore place third-party cookies, will not be available to you. If that is the case you will be informed accordingly. Since your cookie opt-out preferences are also stored in a cookie in your website browser, please also note that if you delete all cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choices.
8. Changes to the Policy
8.1 This Policy was last updated on 21.12.2016. A notice will be posted on our Website home page for 30 days whenever this Policy is changed in a material way. By continuing to use Black Moose Sites you confirm your continuing acceptance of this Policy.
TERMS AND CONTITIONS
(last updated on 25. January 2018)
1. General Information
1.1 Information about Us and the Website: Theblackmoose.com website offers you access to its interactive online websites, applications and services. The Website is operated by pleasewebme.com,Pj Carsi 16, 08025, Barcelona, Spain (hereinafter referred to as “We”, “Us”, “Our” or “Ours” or “Black Moose”). These Terms and Conditions set out the rules which apply to the Website and its Services and Content that We make accessible to or permit Users to make available through Our service (referred to herein as “You”, “Your”, “Yours” or “User”). You should read these Terms and Conditions carefully as, amongst other things; they clarify the limitations of Our liability to You and govern the agreement between You and Us. If You do not agree to these Terms and Conditions You must not use the Website, the Content or the Services.
1.3 Changes to Our Terms: We reserve the right to review and revise the Terms from time to time. You will be notified in due time of such changes and You will be deemed to have accepted any such changes if We do not receive a written objection in legally due time or if You use the Website, Services or Content subsequently to the posting of Our revised Terms. You should therefore check the Website from time to time to review the current Terms because they are binding on You.
1.4 Improvement of the Website: We encourage You to provide feedback on the quality and preferences of the Services, the Website and Content. In the event that You have a complaint, or You are aware that these Terms are being breached by a user or other third party, please contact Us. You can do this by emailing Us at email@example.com.
1.5 Defined Terms: Words set out in these Terms starting with capital letters have the following meanings:
“Content” means all information, material and media, in particular text, data, artwork, graphics, photos, print, footage, software, sounds, music, recordings, videos and other moving and non-moving images and material created or contributed by Us and whether provided in stream, download, electronic data or any other form on or via the Website;
“IPR” means intellectual property rights which include, but are not limited to copyright, moral rights, registered designs, patents, trademarks, service marks, brands, design rights (whether registered or unregistered) semiconductor rights, database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world;
“Services” means the services such as the access, software, tools, computer programs (widgets) and Content made available to You via the Website;
“Website” means blackmoose.com.
2. Copyright, trademarks and other intellectual property rights
Any Content and Services of the Website, including the Content and Services provided from Users, i.e. all text, logos, trademarks, graphics, artwork, sounds, music and software (including the Access Software) is protected by copyright, moral rights, registered designs, patents, trademarks, service marks, brands, design rights, semiconductor rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All IPR subsisting in the Website and its Content or Services is either owned by Us or licensed to Us. All rights remain reserved to Us or, if provided by a third party, to such third party (and even if any such Content or Service is not explicitly identified to be legally protected or registered, this does not imply any waiver by Us of applicable intellectual property rights with respect to any such Content or Service in its entirety or parts thereof). Even if any such trademark, name and logo are not explicitly identified to be legally protected or registered, this does not imply a waiver from Us as to applicable IPR in respect of any such trademark, name or logo. You may not reproduce, copy, post, republish, broadcast, record, transmit or edit any Content, materials or part(s) thereof without Our express prior written consent, nor do or attempt to do anything which infringes Our IPR or any IPR licensed to Us or owned by a third party. The same shall apply to ideas and concepts that the Website, any of its Content or Services is based on, even if not protected by IPR law.
Any reproduction of the Content, the Services or part thereof shall be expressly agreed to by Us and clearly marked by User with Our copyright sign, as follows:
© Black Moose
3. User Registration
3.1 Registration and Account In order to access or use some features of the services, as of the newsletter service you may have to become a registered User. In order to register You must be aged 16 years or over. You may register by filling in Our Registration Form. You may only register if, you (a) have accepted Our Terms; (b) have provided Us with complete and accurate information for the registration; and (c) if registering by filling in Our Registration Form, have received a registration confirmation with Your Username and Password for the Website from Us via email (the “Account”). You may only register one Account at the Website.
Certain Content or Services may be made accessible or non-accessible to certain Users, for instance by establishing different access levels differentiating between certain groups of Users, at Our sole discretion.
3.2 Username and Password: By registering with Us You warrant that the information given for Your Account (together with any other information which You may from time to time provide to Us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading in any way. You are responsible for notifying Us of any changes to such information in order to ensure that it remains up-to-date. You must keep Your Username and Password details secure at all times. You are responsible for all activity that occurs on Your Account, whether impliedly or expressly authorised by You or not. You must immediately notify Us of any unauthorized use on Your Account. You may be liable for losses incurred by Us or any other User of or visitor to the Website due to someone else using Your Account. You must not use an Account belonging to someone else. We will not be liable for any loss or damage arising from Your failure to comply with these obligations. We will not modify Your Username without consulting You.
Please note that Your Username may be displayed on the Website (e.g. with Your feedback, comments or content).
4. User’s Rights and Obligations
4.1 Your Rights for “Personal Use”: We grant You and other Users the right to access the Website and to use the Services and Content as made available from time to time. You may download or copy Content or retrieve Services from the Website for your private usage in form of non-commercial viewing, copying and sharing, where technically allowed (hereinafter “Personal Use). Any further use of the Content or the Services, in particular any use for third parties’ or Your own interests, activities, services or products, is strictly prohibited.
4.2 Your obligations: You agree that Your obligations in connection with the Website, the Content and Services include that:
(i) You must not copy, reproduce, republish, publicly display, translate, offer, transmit, upload or distribute in any way (including “mirroring”) any part of the Website or any Content or Service to any other computer, server, Website or other medium for publication or distribution, except as expressly provided in these Terms or otherwise agreed to by Us in writing;
(ii) You must not use the Content or Services for commercial uses, including without limitation the sale of access to the Website, Services or Content, except as expressly provided in these Terms or otherwise agreed to by Us in writing;
(iii) You must not modify, alter or adapt any part of the Content or Services (each an “Adaptation”) without Our prior written consent. In the event that We give Our consent to any Adaptation, You acknowledge and agree by requesting such that We shall obtain the irrevocable, worldwide, perpetual, non-exclusive, transferable, fully paid up and unlimited rights to exploit any Adaptation and all materials, whether provided by Us or not as well as all parts thereof, in particular, but not limited to, any edit, cut or excerpt and all other materials created by You or Your affiliates, employees, sublicensees, contractors or any other person or entity, pursuant to or related to the Content, Services or Adaptation, free of charge and in any known or yet unknown kind of use upon its creation;
(iv) You must not modify, decompile, reverse engineer, disassemble or create derivative works based on any software, on the Website;
(v) You must not (or attempt to) hamper, disable, interfere or attempt to interfere with the Website or any part of it (including its security-related features or any transaction as may be concluded on the Website) or in any way reproduce or circumvent the navigational structure of the Website, to obtain or attempt to obtain any Content or Service through any means other than as intentionally offered under the Website;
(vi) You must not cast a negative light on Us, Our affiliates or on Our or their activities, business or brands. You shall in particular refrain from using any Content in connection with: (a) illegal products, content, services or materials; (b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material; (c) coverage of accidents, assaults, catastrophes or riots; and/or (d) competing products (in particular beverages containing caffeine, taurine or guarana)
(vii) You must not use the Website, Content or Services for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of Us and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses or other harmful code or script;
(viii) You shall comply with all applicable laws and regulations in using the Website, Content and Services and You agree not to infringe the rights of Us, Our affiliates, any other User or other third parties.
(ix) You shall observe and comply with any data volume limit which may apply to the Website, Content or Services.
4.3 No advertising: You are not permitted to use the Website, Content or Services for the purpose of advertising or for the purpose of displaying information in connection with any commercial activities, services or products, except as expressly provided in these Terms or otherwise agreed to by Us in writing.
4.4 Assignment: These Terms and any rights and licenses granted hereunder may not be transferred or assigned by You without Our express prior written consent. In the event that You transfer or assign any right, obligation or duty, You undertake, represent and warrant that: (i) any assignment of rights or obligations granted hereunder is not contrary to or incompatible with each and any provision of these Terms; and (ii) each obligation and duty towards Us is duly imposed upon and entirely complied with by each assignee. Even after an assignment You will not be relieved from any of Your obligations and duties towards Us hereunder. An assignment of Our rights or obligations may be conducted by Us at Our sole discretion.
4.5 Modifications to the Service: We reserve the right to review, revise, modify, improve or discontinue the Website, Our Service or Content from time to time, without giving You prior notice. Such content-related and technical reviews and any maintenance work in relation thereto may include without limitation, the extension or modification of the subject areas made available through the Website and the adaptation of the technical formats comprising the Services or the Content. Access to the Website and its Services or Content may therefore be suspended temporarily or permanently and without notice in the case of system failure, maintenance, review or repair, or for reasons beyond Our reasonable control. We shall not be liable if, for any reason, the Website, any Content or Service is unavailable. You are aware that We may cease the provision of the Website, its Content or Services at any time. In any event We shall not be obliged to provide maintenance or support services.
5. User Content
5.1 We may now or in the future permit Users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license You grant herein, You retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely Your responsibility to monitor and protect any intellectual property rights that You may have in Your User Content, and we do not accept any responsibility for the same.
5.2 You acknowledge and agree to be solely responsible for Your Submitted User Content. You represent and warrant that You are the owner of all IPR to the User Content and that the User Content does not: (i) include the sale of advertising, sponsorships or promotions; (ii) violate public policy; (iii) infringe third parties rights, e.g. personal rights (especially to one’s own image), IPR such as trademarks, patents, copyrights or any other IPR protected by law; or (iv) contain material that is unlawful or will promote illegal or unlawful activities.
5.3 You represent and warrant that all necessary rights, permissions, consents and moral rights’ waivers have been duly and effectively obtained from any participant, performer, presenter, contributor or other person involved in the User Content or rights, services or facilities in connection with it and that You are authorized to dispose over such rights at Your sole discretion and to the extent provided for herein. As a User You also warrant that the User Content is not insulting, offensive, degrading, racist or harassing to individuals or groups of people.
5.4 By submitting any User Content to the Website You hereby grant to Black Moose, its parents, subsidiaries and affiliated companies, and each of their respective agents, licensees, successors and assigns, a worldwide, unlimited, non-exclusive, royalty-free, irrevocable, transferable and perpetual right and licence (including the right to sub-licence to any third party) to use, reproduce, distribute, publish, prepare derivative works of, display, exhibit, digitize, synchronise, display, reproduce and otherwise exploit your Content for any purpose whatsoever by any and all means in any and all media (whether now known or hereafter devised) including, without limitation, for the purposes of Our business and the businesses of our affiliates, licensees, assignees, parents, subsidiaries and their related companies and for advertising and publicising Us and Our products and services and for use on the Website. We agree however that any distribution of content in accordance with this paragraph shall only be undertaken by Us free of charge. You agree that you shall not be entitled to any fees or additional consideration for use in accordance with this paragraph.
5.6 You represent, warrant, and covenant that you will not submit any User Content that:
(i) casts a negative light on Us, Our affiliates or on Our or their activities, business or brands. You shall in particular refrain from using or submitting any Content in connection with: (a) illegal products, content, services or materials; (c) coverage of accidents, assaults, catastrophes or riots; and/or (d) competing products (in particular beverages containing caffeine, taurine or guarana);
(ii) impersonates another or is unlawful, threatening, abusive, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury; or
(vii) contains any virus, trojan horses or other harmful code or script.
Moreover, any conduct by a User that in Our sole discretion restricts or inhibits any other User from using or enjoying our Services will not be permitted.
5.7 We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
7. Newsletter Consent
In order to keep You updated We may send You Our newsletter and other communications regarding Content, Services, offers, promotions and events from Us, Our affiliates and partners via email and telephone, under the condition, that You gave us Your consent to this. You may object to this and revoke Your consent at any time via email to: firstname.lastname@example.org.
8. Disclaimer and Limitation of Liability
8.1 We make no express or implied representations or warranties of any kind (and all representations and warranties are expressly disclaimed to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), operability, merchantability, availability, or completeness of the Website, Services, Content or towards the non-infringement of industrial or intellectual property or any other rights of third parties or the fitness of the Content for a particular purpose. Any decisions or action taken by You on the basis or in relation to the information, Content or Services provided on or via the Website are at Your sole discretion and risk. You must be aware that any action, activity and/or information displayed or provided on or via the Website is conducted by trained and experienced professionals and it is Your responsibility to take precautions and use common sense when using the Website, Content or Services.
8.2 You acknowledge and agree that You access and use the Website, Content and Services at Your own risk on an “as is” and “as available” basis and that We are not liable for any errors or omissions in any Content, Service, any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, transmission, communication line, errors, omissions or computer virus, Trojan horses, or other harmful code or script).
8.3 We do not warrant that the Website, the Content or the Services will be error-free or uninterrupted or that defects will be corrected. We reserve the right at any time and without notice to remove the Website, Content or Services (or part thereof) for whatever reason, or to interrupt the operation of the Website, Content or Services (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.
8.4 We sometimes provide hyperlinks and/or advertisements to other Websites that are not owned or controlled by Us. We accept no responsibility or liability for any material supplied by or contained on any third party Website which is linked from or to Our Website. Neither are We responsible for any third party’s Websites and You visit such Websites entirely at Your own risk.
8.5 Subject to paragraphs 8.7 and 8.8 below, You agree that We, Our and Our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, for any (i) loss of business, opportunity, use, profit, anticipated profit, contracts, revenue, goodwill or anticipated savings or (ii) loss of data or use of data, whether direct, indirect, consequential or special and whether arising in connection with the use of or attempt to use the Website, the Content or the Services, the inability to use these items, interruption or termination of Our provision of the Website, Content or Services and even if We have been advised of the possibility of such damages occurring.
8.6 In any event, to the fullest extent permitted by applicable law, We shall not be liable for any damage or loss, whether direct or indirect, that You may suffer as a result of a failure by Us to deliver the Content or Services for any reason, including but not limited to access delays or interruptions, data non-delivery or mis-delivery, failure to deliver the Content or Services due to server failure or any event of force majeure including without limitation, acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of networks. The exclusion set out in this section shall apply even in the event that the loss or damage suffered by You was or should have been foreseen by Us and/or You told Us of the risk of You suffering the loss or damage in question.
8.7 Nothing in these Terms shall limit or exclude Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for any other type of liability which cannot be limited or excluded by applicable law.
8.8 Nothing in these Terms shall affect any statutory rights which You may be entitled to as a consumer.
9. Termination and Suspension
9.1 We reserve the right to suspend, restrict or terminate Your Account and/or access to this Website at any time, without notice and at Our discretion, where You are or We suspect that You may be in breach of these Terms, or where Your use of the Website, Content or Services may be causing damage to stems or other technical installations. In addition, a breach of the Terms may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution.
9.2 All disclaimers, indemnities and exclusions in these Terms shall survive the termination of these Terms.
Each provision of these Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of these Terms should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with Spanish law. All disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Madrid in accordance with the law in force in Spain, without reference to its conflicts of law provisions.
The original version of the Terms is in English language. Any translated version is for Your convenience and information only. In case of disputes the English text shall prevail.
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