Terms & Conditions

LEGAL DISCLAIMER & TERMS & CONDITIONS OF WEBSITE USE  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, 08018 Barcelona, with Spanish Tax Identification Code Number: A64200744 and registered with Barcelona Company’s Register, Sheet B-329375, Volume 38527, Page 144.

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.

4. Object

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

5.1. Access

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:

1. is in any way harmful to, undermines or breaches the fundamental rights and public freedoms safeguarded under the constitution, international treaties and any other legislation;

• incites, 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;

• incites, promotes, or encourages discriminatory actions, attitudes or thoughts on the grounds of gender, race, religion, belief, age or condition;

• incorporates, 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 public order;

• provokes or which might provoke an unacceptable state of anxiety or fear;

• provokes or incites others to engage in practices which are dangerous, risky or harmful for the health or mental stability;

• is 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 party;

• is 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;

1. violates corporate secrets of third parties;

• is contrary to the right to honour, to personal and family privacy or to the person’s own image;

• in any way undermines the good name of IMAGINA or of third parties;

• violates regulations governing the confidentiality of communications;

• constitutes, where appropriate, illicit, misleading or unfair advertising and, in general, constitutes unfair trade practices;

• contains 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;

• because of its nature (such as file format, extension, etc.), may provoke difficulties in the normal operation of the Service.

6. Links

6.1. Links to third party webpages

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 Website.

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 networks.

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 Terms & Conditions, as well as in the Website’s Privacy Policy. In this 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.

In any case, Users may establish links on their respective webpages that redirect to IMAGINA, provided they comply with the following conditions:

1. the 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; and,

• 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.

IMAGINA 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 damages

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 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 guarantees

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 channels.

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 be taken.

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. purposes.

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 as possible.

11. Privacy Policy

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 User

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:

1. publish your opinion, evaluation and comments, together with your profile name and the image you may have associated with your profile;
2. manage 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 this purpose;
3. certify that you have accepted the General Terms & Conditions and this Privacy Policy and any other rules or regulations applicable to IMAGINA; and,
4. to carry out studies regarding browsing statistics, in accordance with the preferences you express by way of the cookies installed.

11.5. Who do we share this information with?

By accepting this Privacy Policy, you hereby accept that IMAGINA may share your personal data with third parties, more specifically, with the following individuals and/or bodies:

1. other companies which belong to the IMAGINA Corporate Group (http://entidades.imagina-media.com/) for the purposes as outlined under section 11.4 of the Privacy Policy;
2. competent 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,
3. State Security Forces and Bodies, Judges and Courts in cases involving the fraudulent use of payment methods.

11.6. Data preservation policy

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. Guarantees 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 third parties, by accepting this Privacy Policy, you guarantee that you have 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.

11.9. 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 dpd@mediapro.tv

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 dpd@mediapro.tv or the corresponding data protection body, which in the case of Spain is the Agencia Española de Protección de Datos (Spanish Data Protection Agency).

11.10. Security measures

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.

IMAGINA may 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.

13.   Applicable 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.

Date: 25/01/2019

© 2019 IMAGINA MEDIA AUDIOVISUAL, S.A.U. All rights reserved.