LEGAL DISCLAIMER & TERMS & CONDITIONS OF WEBSITE USE
1. Introduction and company data The following text sets out the Legal Disclaimer and Website Terms & Conditions of Use which regulate the access, navigation and use of this website, property of IMAGINA MEDIA AUDIOVISUAL, S.A.U., (hereinafter “IMAGINA” or “Service Provider”), trading company having its business address in Av. Diagonal, 177-183, Planta 12, Edificio Imagina, […]
1. Introduction and
The following text sets out the Legal
Disclaimer and Website Terms & Conditions of Use which regulate the access,
navigation and use of this website, property of IMAGINA MEDIA AUDIOVISUAL,
S.A.U., (hereinafter “IMAGINA” or “Service Provider”), trading company
having its business address in Av. Diagonal, 177-183, Planta 12, Edificio
Imagina, 08018 Barcelona, with Spanish Tax Identification Code Number: A64200744
and registered with Barcelona Company’s Register, Sheet B-329375, Volume 38527,
2. General Terms &
Conditions of Use
The use of the Services accessed via the website
titled “INSIDE MEDIA” or other Webpages which redirect to the website,
(hereinafter, jointly referred to as the Website), as well as Social Network profiles
property of IMAGINA, are subject to this Legal Disclaimer & Website Terms
& Conditions of Use.
3. General Terms &
Conditions and acceptance
This Legal Disclaimer & Website Terms &
Conditions of Use (hereinafter, the “General
Terms & Conditions“) regulates access to and use of https://insidemedia.blog (hereinafter referred to as the “Website”, including the contents,
understood as texts, graphics, drawings, designs, codes, software, photographs,
music, videos, audio files, databases, images, expressions and information, as
well as any other creation protected by national law and international treaty governing
intellectual and industrial property, (hereinafter, the “Contents“) and the Services
(hereinafter, the “Services“)
that IMAGINA makes available to users of the Website and Social Networks.
Access to the Contents and/or use of the
Services attributes the condition of user (hereinafter, referred to as the “User“) and means you accept, and
agree to abide by the most recent version of these General Terms &
Conditions published by IMAGINA on the Website when the User accesses them. As
such, if you do not agree with any of these General Terms & Conditions,
please refrain from accessing and/or using the Services and/or Content provided
therein by IMAGINA.
These General Terms & Conditions do not
exclude the possibility that certain Services, Content and/or tools offered via
the Website by IMAGINA, may be subject to specific conditions, in which case, may
substitute, complement and/or modify the General Terms & Conditions and, in
which case said conditions will be made available to the User and must be
accepted thereby in order to participate in any other initiative made available
to the User via the Website and Social Network profiles.
These General Terms & Conditions regulate
access to the Contents and all the Services offered by IMAGINA via its Website,
via which a series of types of contents and information is made available to
Users, generally referring to the audiovisual sector, as well as products and
services marketed by IMAGINA, or the companies of the Corporate Group to which
it belongs. However, IMAGINA reserves the right to modify the presentation,
configuration and content of the Website, as well as the conditions required
for their access and/or use. By accessing and using the Contents and Services after
changes to conditions regulating access to and use of the Services and Content
implies that you accept these terms.
5. Conditions concerning
access to Contents and use of Services
Access to the Contents and the use of the
Services provided by IMAGINA is generally free of charge for Users.
5.2. Obligation to
make correct use of the Website, Services and Content
The User agrees to use the Website and Services
and to access the Contents, in accordance with the law, these General Terms
& Conditions, the Particular Conditions of certain Services, and any other
notices, regulations of use and instructions made available to them.
To this end, the User will refrain from using
any of the Services for illegal purposes or purposes prohibited under these General
Terms & Conditions, harmful to the rights and interests of third parties,
or that in any way may damage, disable, overload, deteriorate or prevent the
normal use of the Services, computer equipment, documents, files or any other
kind of content stored on any computer systems property of IMAGINA, other Users
or any Internet user.
In particular, and including but not restricted
to the following, the User undertakes not to transmit, disseminate or make
available to third parties any information, data, content, messages, graphics,
drawings, audio and/or image files, photographs, recordings, software and, in
general, any kind of material which:
in any way harmful to, undermines or breaches the fundamental rights and public
freedoms safeguarded under the constitution, international treaties and any
promotes, or encourages criminal, slanderous, defamatory, dishonourable,
violent or, in general, behaviour which is contrary to the law, generally
accepted morals and good customs, or public order;
promotes, or encourages discriminatory actions, attitudes or thoughts on the
grounds of gender, race, religion, belief, age or condition;
makes available or allows access to products, elements, messages and/or
services which are criminal, violent, offensive, harmful, degrading or, in
general, contrary to law, generally accepted morals and good practices, or to
or which might provoke an unacceptable state of anxiety or fear;
or incites others to engage in practices which are dangerous, risky or harmful
for the health or mental stability;
false, ambiguous, inaccurate, exaggerated or unreasonable, in a way that
induces or may be misleading in its purpose or intentions or purposes of the communicating
protected by any intellectual or industrial property rights property of a third
party, without the User having obtained prior authorization from its
titleholders for such use;
corporate secrets of third parties;
contrary to the right to honour, to personal and family privacy or to the
person’s own image;
any way undermines the good name of IMAGINA or of third parties;
regulations governing the confidentiality of communications;
where appropriate, illicit, misleading or unfair advertising and, in general,
constitutes unfair trade practices;
viruses or other physical or electronic components which may damage or hamper
the normal functioning of the network, the system, or IMAGINA’s computer
equipment or that of a third party or which may damage electronic documents and
files stored on the aforementioned computer systems;
of its nature (such as file format, extension, etc.), may provoke difficulties
in the normal operation of the Service.
6.1. Links to third
In the event that the Website, displays links
to other websites accessible via buttons, links, banners or embedded content, IMAGINA
hereby informs the User that these links are directly managed by third parties
and IMAGINA does not have the human or technical resources to know in advance
and/or control and/or approve all the information, contents, products or
services provided by platforms to which links can be established from the
As such, IMAGINA cannot be held liable for any
aspect related to the platform, website, or Social Network to which a link might
be established from the Website or Social Network profiles property of IMAGINA,
specifically, and including but not restricted to, its operation, access, data,
information, files, quality and reliability of its products and services, its
own links and/or, in general, any of the content offered therein.
In this sense, if Users become aware that the
activities being carried out via these third-party webpages or profiles are
illegal or in breach of moral standards and/or public order, they should
immediately notify IMAGINA using the contact or e-mail address provided in these
General Terms & Conditions in order to disable the access link to these
webpages or profiles, which will be carried out as quickly as possible.
6.2. Links to the Service
Provider’s channels and webpages on third party platforms and social networks
IMAGINA provides Users with the means to access
its channels and webpages which it maintains on other platforms and social
networking sites belonging to and/or administered by third parties via the
tools, applications, and links (i.e. Facebook, Twitter, Pinterest, Google+,
etc.). These links are included on the Website for the sole purpose of
facilitating User access to these channels on other platforms and social
Making these applications available does not
imply the existence of any relationship between IMAGINA and the owner,
manufacturer or distributor of the linked platform, nor does it imply IMAGINA’s
acceptance or approval of their contents and/or services. The sole party liable
for these applications is their owner, manufacturer or distributor.
IMAGINA will not, under any circumstances,
share any of its Users’ private data with Facebook, Twitter or any other social
network, its sole purpose being as per the provision set out in these General
sense, all information the user wishes to provide to these platforms will be entirely
the User’s responsibility, as IMAGINA do not intervene in this process.
The activation and use of these applications
may entail User identification and authentication (login/password) to access the
corresponding platforms, completely external to the Website and beyond the
control of IMAGINA. When accessing these external networks, the User understands
they are no longer navigating in an environment controlled by IMAGINA, and as
such, the company shall not assume any responsibility for the security
configuration of these environments.
Since IMAGINA has no control over the content
hosted on these channels, the User acknowledges and agrees that IMAGINA assumes
no responsibility for the content or the Services that the User may access via
those pages, or for any content, products, services, advertising, or any other
material available therein. For this reason, the User must exercise caution
when assessing and using the information, content and services available from
these linked channels, and with regard to the User’s own or third-party
information which they decide to share with the aforementioned platforms.
6.3. Links on other
webpages to the website
IMAGINA does not authorize establishing a link
to the Website or its Social Network profiles from third-party pages or
profiles which contain illegal, degrading, or obscene materials, information or
content or, in general, which contravene any law, or breach moral standards
and/or public order, or generally accepted social norms.
any case, Users may establish links on their respective webpages that redirect to
IMAGINA, provided they comply with the following conditions:
link may not reproduce in any way the content of the Website or parts thereof;
the User cannot create a browser on
the sections of the Website, or in any other way modify the Website;
users are prohibited from making
false, inaccurate, or incorrect statements or indications about the Website
and/or, in particular, to declare or imply that IMAGINA has authorized the link
or that it has supervised or assumed in any way the contents or services
offered or made available on the website in which said link is established;
the Webpage or profile in which the
link to the Website is established shall not contain illegal information or
content, which violates moral standards and generally accepted good customs and
public order, nor shall it contain contents which breach any rights of third
parties, including intellectual and industrial property rights and/or the right
to honour, to personal or family privacy or to one’s own image or any other
right, or contents contrary to the regulatory norms regulating personal data protection;
the owner of the webpage in which the
link to the Website is established may not profit directly or indirectly from the
inclusion of links to the Website.
does not have the power, nor the human or technical resources to know, control
or approve all the information, contents, products or services provided by
other webpages that have established links to the Website Therefore, IMAGINA
does not assume any responsibility for any aspect related to the website which establishes
this link to the Website, specifically including, but not restricted to, its
operation, access, data, information, files, quality and reliability of its
products and services, its own links and/or any of its contents, in general.
7. Liability for
The User is liable for breaching any of the
obligations to which they are subject by virtue of these General Terms &
Conditions or the applicable law in relation to the use of the Services and
access to the Contents.
8. Disclaimer of guarantees
and liability for the performance of Website and Content and/or Services
IMAGINA does not guarantee the availability and
performance continuity of the Website or the Services. Whenever reasonably
possible, IMAGINA will issue prior warning of interruptions to the performance of
the Website and of the Content and/or Services. Moreover, IMAGINA does not
guarantee the usefulness of the Website and the Content and/or Services for performing
any specific activity, nor their infallibility and, in particular, including,
but not restricted to, Users being effectively able to use the Website and the
Content/Services, access the webpages included on the Website or those from
which the Services are provided, or Contents accessed.
IMAGINA shall not be liable, to the full extent
permitted by law, for damages of any kind that may be due to the lack of
availability or performance continuity of the Website and the Contents and/or Services,
or for Users being defrauded with regard to the utility they may have
attributed to the Website and the Contents and/or Services, for the fallibility
of the Website and the Contents and/or Services, and in particular, although
not exclusively, for inability to access the different Webpages of the Website
or those from which the Services are provided, or Contents accessed.
9. Liability and
IMAGINA cannot guarantee the reliability,
usefulness or veracity of all the information and/or services on the Website nor
of the utility or veracity of the documentation made available via said
Consequently, IMAGINA does not guarantee nor is
it responsible for: (i) the continuity of the Contents and/or Services on the
Website; (ii) the absence of errors in said Contents and/or Services; (iii) the
absence of viruses and/or other harmful elements on the Website or the server from
where said content is supplied; (iv) the invulnerability of the Website and/or the
impossibility of breaching security measures implemented therein; (v) the lack
of usefulness or performance of the Contents and/or Services of the Website;
and (vi) the damage caused by any person who breaches the conditions, rules,
and instructions established by the Service Provider for the Website, either to
themselves or to a third party or as a result of any security breaches to the
Website by any person.
Nevertheless, IMAGINA declares that it has
adopted all the necessary measures, within its possibilities and the state of
the art, to guarantee the functioning of the Website and to minimize system
errors, both from the technical point of view as well as regarding the Contents
published on the Website and the services provided therein.
IMAGINA does not guarantee the legality,
reliability and usefulness of the contents provided by third parties via the
Website. If the User were to become aware of the existence of any content that
may be illicit, illegal, unlawful, or which may involve a violation of rights
of third parties, they must notify IMAGINA immediately by filling out the
contact form which may be made available so that the appropriate measures may
IMAGINA shall not be liable for the veracity,
integrity or updating of the information published on the Website by sources
other than itself or, as well as those contained on other platforms which are linked
from the Website. The Service Provider shall not be liable for hypothetical
damages that may arise from the use of the aforementioned information.
10. Intellectual and
industrial property rights
IMAGINA is the owner or, where appropriate, has
the corresponding licenses on the exploitation rights of intellectual and
industrial property of the Website, as well as of all the Contents, including
the Website or platform itself, texts, photographs or illustrations, logos,
brands, graphics, designs, interfaces and any other information or content and
the Services available via the Website. Likewise, IMAGINA is the owner – or in
its legitimate case licensee of exploitation – of the source code, design,
navigation structure, databases and other software elements of the Website.
In no case will it be understood that the
access, browsing and/or use of the Website by the User, or the use of the
Content, products and/or Services offered by IMAGINA via the Website imply a
waiver, transmission, license or total or partial assignment of said rights by IMAGINA.
The User has a right to non-exclusive use of
the Contents and/ or Services of the Website, within a strictly domestic
context, and solely for the purpose of personally enjoying the services offered
by the same, in accordance with these General Terms. The User expressly
declares that they understand that they are prohibited from downloading,
reproducing, recording, sharing, distributing, publicly communicating,
transforming or altering the Contents in any way, given that the User is only
authorized to view Content on the Website (or, which is the same, you can view via
streaming from the Website).
References to brand names or registered trade
names or other distinctive signs, whether owned by IMAGINA or by third parties,
implicitly prohibit their use without the consent of IMAGINA and/or their legitimate
owners. By accepting these General Terms & Conditions, the User expressly
declares to understand that, at no time, access to, browsing of, or use of the
Website and/or its Contents and/or Services implies the User has any rights
over the distinctive signs contained therein.
All intellectual and industrial property rights
over the Contents and/or Services of the Website are reserved and, in
particular, it is forbidden to modify, copy, reproduce, publicly communicate,
transform or distribute, by any means and in any form, the entire or part of
the Contents, for any purposes other than the personal viewing of the User via
the Website. Therefore, the User expressly acknowledges and accepts that they
cannot use the aforementioned elements, with an enunciative and non-limiting
character, for any public exploitations, or for commercial, promotional, etc.
Moreover, it is forbidden to delete or
manipulate the copyright indications or other credits that identify the holders
of rights of the Contents that the User finds on the Website, as well as the
technical protection devices, digital fingerprints or any protection mechanism
or information incorporated into the Content offered on the Website.
If the User is aware of the existence on the
Website of any content considered illegal, illicit, contrary to law, or that
could imply an infringement of intellectual or industrial property rights or
any other nature, the User is required to notify IMAGINA immediately through
the e-mail address made available to the public on the Website or in the
corresponding contact form, so that appropriate measures may be taken.
Likewise, in the event that any User or a third party considers that any of the
Website’s Content violates their intellectual or industrial property rights, as
well as any other rights, they must send a communication to the aforementioned
e-mail address, with the necessary documentation to back up said claim, and the
entities responsible for the Web Site will provide a thorough response as soon
11.1. Information regarding
entity responsible for processing data
Name: IMAGINA MEDIA AUDIOVISUAL, S.A.U.
Address: Av. Diagonal, 177-183, Planta 12,
Edificio Imagina, 08018 Barcelona
Spanish Tax Identification Code Number: A64200744
11.2. Data provided by
This is the information you provide while
browsing, using or registering on the Website. This information includes the
data you provide in the corresponding forms that can be enabled on the Website
and when you interact with the site (for example, the information you send us,
including the image and the contents that you upload or make available to other
Users or to the general public when you publish your opinions, comments or
evaluations in the option enabled for this purpose).
As a User of the Website, you expressly declare
that you know that the data you provide must be accurate and true, and must
always be updated, so you are committed to update them when necessary.
Personal data requested on the Website marked
with an asterisk is mandatory, and as such, any refusal to supply this data will
result in your not being able to register and/or participate in any of the
initiatives or Services made available to the public via the Website.
11.3. What information
do we collect from you using the website?
We can automatically collect data related to
your use of the Website, such as your IP address, unique identification
devices, your location, and other data collected through cookies, as set out in
the Cookies Policy.
11.4. For what purpose
do we process your personal data?
The reasons IMAGINA collects and processes your
personal data are entirely associated with your use of the Website and your
interaction within as listed below:
your opinion, evaluation and comments, together with your profile name and the
image you may have associated with your profile;
queries, suggestions, evaluations or any other information the user might
provide to us via the e-mail address or the contact form made available for
that you have accepted the General Terms & Conditions and this Privacy
Policy and any other rules or regulations applicable to IMAGINA; and,
carry out studies regarding browsing statistics, in accordance with the
preferences you express by way of the cookies installed.
send newsletters with relevant information and news for Users related to the
audiovisual sector and the Website. However, exactly how users’ data is handled
concerning this point is explained in greater detail in section 11.7. below of
interesting for Users and carry out statistics on their impact, we generally
receive confirmation when an email sent from IMAGINA has been opened by the
11.5. Who do we share
this information with?
accept that IMAGINA may share your personal data with third parties, more
specifically, with the following individuals and/or bodies:
Government Bodies, Judges and Courts and the Spanish Data Protection Agency in
compliance with IMAGINA’s legal requirements or in the event of a discrepancy
concerning consumer rights, data protection rights, intellectual or industrial
property rights, or any other protected assets and/or rights; and,
Security Forces and Bodies, Judges and Courts in cases involving the fraudulent
use of payment methods.
We preserve the information you have provided us
in accordance with the criteria and terms listed below:
Information you have provided during
registration using the contact form which may be available on the Website for
this purpose: this information is stored on our databases unless you request that we
delete it and while required for the purposes it was collected for.
Information you have published via opinions,
comments and evaluations: this information will be available publicly
until such time as you decide to delete it.
11.7. Legal grounds
for processing data
For the above purposes, the legal grounds for
processing personal data shall, in general, with the consent of the User.
Sharing your data with the third parties as
mentioned in section 11.5 and in its defense against claims or complaints is considered
to come under the legitimate interest of IMAGINA.
11.8. Commercial and
One of the purposes for which we process
personal data provided by users is to send newsletters.
When we make any such communication, it will be
addressed to those Users who have previously and expressly authorized reception
thereof, either at the time of registration on the Web or at a later stage.
However, it may also be sent to journalists and professionals associated with the
audiovisual sector for professional purposes, in which case, the basis that
legitimizes the processing of the data is the legitimate interest of IMAGINA.
In the event that the User wishes to stop
receiving commercial or promotional communications from IMAGINA, they can
request to unsubscribe from the service, using the links provided for this purpose
in each communications sent by IMAGINA or by sending an email to the following
email address: firstname.lastname@example.org with the reference “Unsubscribe
concerning content uploaded or shared
Users also guarantee the ownership and control
of the rights over the texts, audio recordings, photographs, videos or any other
content that might be shared or published by them together with their opinions,
comments, and that these are not in breach of any law, including image rights, good
name, intellectual and/or industrial property, or of any other third parties
and that data protection regulations are adhered to all times, being held
liable by IMAGINA or any third parties for any damages which may result as a
consequence of a breach of the foregoing statements.
We ask you not to send us data from third
parties. However, in the event that you provide IMAGINA with personal data of
previously informed these individuals of your intentions to share said data and
of the aspects contained in this Policy and have obtained their authorization
to share their data with IMAGINA for the purposes as indicated and that you are
authorized to do so, in the same conditions and for the same purposes as
outlined under these conditions.
11.10. Exercise of data
protection rights and Data Protection Officer contact information
The User can exercise their
right to access, rectify, delete and if required, oppose, portability and
processing restrictions, by addressing your request with the subject: “Data Protection
– INSIDE MEDIA”, to the offices of IMAGINA, Av. Diagonal 177-183, Planta 12ª,
Edificio Imagina, 08018, Barcelona; or alternatively, by contacting the
Mediapro Group Data Protection Officer by email at email@example.com
If you feel that there is an
issue with the manner in which IMAGINA processes your data, Users can contact
the Mediapro Group Data Protection Officer by email at firstname.lastname@example.org or the
corresponding data protection body, which in the case of Spain is the Agencia Española de Protección de Datos (Spanish Data Protection Agency).
IMAGINA informs you that it has implemented the
necessary technical and organizational security measures to ensure the security
of your personal data and prevent any unauthorized alteration, loss, processing
and/or access thereto, given the status of technology, the nature of stored
data and the risks to which they are exposed, whether said risks are from human
action or from the physical or natural environment. IMAGINA performs ongoing maintenance,
supervision, control and evaluation of the processes to ensure data privacy.
12. Changes to General Terms & Conditions
IMAGINA reserves the
right to modify these General Terms & Conditions and those of the Website as
deemed necessary, without prior notification, being entitled to modify, delete,
or add both Contents and Services provided, as well as the way in which these
appear presented or located.
terminate, suspend or interrupt the provision of the Website service and/or any
of the Services, as well as access to the Website’s Contents unilaterally and
at any time, without prior notification, and without the User being entitled to
claim compensation from IMAGINA for such actions. Therefore, the User expressly
accepts that this right of IMAGINA exists and, for explanatory purposes,
expressly waives any claims for damages that may be brought against IMAGINA due
to the actions listed under this section.
IMAGINA’s failure to
exercise or execute any right or provision contained in these General Terms
& Conditions shall not constitute a waiver thereof, unless expressly
acknowledged and agreed in writing by them.
legislation and jurisdiction
Unless there is a mandatory rule that states
otherwise, the User expressly accepts that any matter (litigious or otherwise)
arising from or related to this Website will be subject to the application of Spanish
law and agrees to submit said discrepancies to the Courts and Tribunals of the
city of Barcelona, expressly waiving any other non-mandatory jurisdiction that
may correspond to them.