1. Introduction and company details
This text is the Legal Notice and the Conditions of Use regulating access to, browsing of and use of this website owned by MEDIAPRODUCCIÓN, S.L.U. (hereinafter "MEDIAPRO" or "the service provider"), a trading company with registered offices in Avenida Diagonal 177-183, planta 12, Edificio Imagina, 08018, Barcelona, with N.I.F. [Tax Identification No.]: B-60188752 and registered in the Barcelona Companies’ Register, Page B-80718, Volume 44527, Sheet 77.
2. General conditions of use
The use of the services which may be accessed via the Website www.automatic.tv are subject to these General Conditions.
3. General Conditions and acceptance thereof
These general conditions (hereinafter, the "General Conditions") regulate access to and the use of the website www.automatic.tv (hereinafter, the "Website"), including its content, which is understood to be the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, pictures, expressions and information, and any other creation protected by national laws and international treaties on intellectual and industrial property, (hereinafter, "the Content") and the services (hereinafter, "the Services") that MEDIAPRO makes available to the users of the Website.
Access to the Content and/or the use of the Services attributes the condition of user (hereinafter, "the User") and involves acceptance of the most recent version of the General Conditions published by MEDIAPRO on the Website at the moment the User accesses them. Consequently, if you do not agree with the content of the Website, you must refrain from accessing and/or using the Services and/or Content offered by the Website.
These General Conditions do not exclude the possibility that certain Services, Content and/or tools offered via the Website are subject to specific conditions, in which case they will be made available to the User. On this point, as part of the Website, MEDIAPRO makes available to distributors (hereinafter, Distributors), duly authorised by MEDIAPRO, a Portal which will include information and contents relating to AutomaticTV, and which will be governed by the conditions set out in this document and the specific characteristics that are detailed therein for said Portal. When not specified to the contrary, the condition of User also extends to the Distributors.
These General Conditions regulate access to the Content and all the Services offered by MEDIAPRO via its Website, which are used to make available to Users a variety of content and information, generally referring to the products and services commercialised by MEDIAPRO, or the companies in the business group to which it belongs. However, MEDIAPRO reserves the right to modify the presentation, settings and content of the Website and of the Services, and also the conditions required to access and/or use them. Access to, and use of the Content and Services after their modifications or the changes in the conditions have come into force supposes that the User has accepted said changes.
5. Conditions for access to and use of the Services
5.1. Access and registration
Access to the Content and use of the Services provided by the Website are free of charge for Users.
Distributors duly authorised by MEDIAPRO may access the Distributors’ Portal, where they will find information of interest to them by virtue of their professional relationship with MEDIAPRO. Said information is confidential in nature and, consequently, the Distributors may not distribute or reveal said information to third parties.
The Distributors must adopt all the security measures necessary to prevent unauthorised access to the information; on this point, the Distributors must adopt as a minimum the following measures:
- The Portal may only be accessed by the Distributor expressly authorised by Mediapro.
- All the Distributors will have identifiers (username and password) for access to the information systems. Said identifiers are non-transferable and, consequently, each Distributor is responsible for the confidentiality thereof and for all the activities performed with their user identification and/or password.
- The Distributors must not reveal the information made available to the Distributors by MEDIAPRO to third parties.
- Any incidents which affect the confidentiality of the information housed in the Distributors’ Portal must be communicated immediately to MEDIAPRO, using the e-mail address: email@example.com
5.2. Obligation to use the Website and the Services correctly
The User undertakes to use the Website and the Services and access the Content, in accordance with the law, this Legal Notice, the Particular Conditions for certain Services and other notices, regulations for use and instructions brought to its attention.
To such effect, the User shall abstain from using any of the Services with purposes or effects which are illicit, prohibited in this Legal Notice, harmful to the rights and interests of third parties, or which in any way may harm, render useless, overload, deteriorate or prevent the normal use of the Services, the IT equipment or the documents, files and any class of content stored in any IT equipment belonging to MEDIAPRO, other Users or any Internet user.
In particular, though this is merely for information purposes and does not claim to be exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any type of material which:
(a) in any way is contrary to, denigrates or infringes the fundamental rights and public liberties recognised in the constitution, in international treaties and in any other legislation;
(b) induces, encourages or promotes criminal, denigrating, defamatory, dishonourable or violent actions or, in general, actions contrary to the law, morals and generally accepted decency or the public order;
(c) induces, incites or promotes discriminatory actions, attitudes or thoughts because of reasons of sex, race, religion, beliefs, age or condition;
(d) is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way which induces or may induce error about its purpose or about the intentions or purposes of the communicator;
(e) is protected by any intellectual or industrial property rights belonging to third parties, without the User having obtained in advance from the owners the necessary authorisation to carry out the use he is making or intending to make of it;
(f) violates the business secrecy of third parties;
(g) is contrary to the right to honour, to personal and family private life or to the image of persons;
(h) in any way undermines the credit of MEDIAPRO or of third parties;
(i) infringes the regulations on secrecy of communications;
(j) constitutes, where relevant, illegal, deceptive or unfair advertising and, in general, which constitutes unfair competition;
(k) incorporates viruses or other physical or electronic elements which might harm or prevent the normal operation of the web, of the system or of IT equipment belonging to MEDIAPRO or third parties, or which might damage the electronic documents and files stored in said IT equipment;
(l) causes difficulties to the normal operation of the Service because of its characteristics (such as format, extension, etc.).
7.1. Links to other websites
If the Website displays links to other websites by means of different buttons, links, banners or embedded content, MEDIAPRO informs that these are directly managed by third parties, and that MEDIAPRO has neither the human nor the technical means to be aware in advance and/or monitor and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.
Consequently, MEDIAPRO cannot assume any type of responsibility for any aspect relating to the platform or website to which a link may be established from the Website; this relates specifically, though this is not an exhaustive list, to its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
On this point, if users become effectively aware that the activities carried out via these third-party websites are illegal or contravene morals and/or the public order, they must communicate this immediately to MEDIAPRO at the following e-mail address: firstname.lastname@example.org. MEDIAPRO will then disable the access link to these websites as soon as possible.
7.2. Links to the provider’s channel on other platforms and social networks
MEDIAPRO may make available to Users, through different tools and applications, links allowing Users to access the channels and websites that MEDIAPRO has on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The sole purpose of the inclusion of these links on the Website is to facilitate access for users to said channels on the different platforms and social networks.
The establishment of these applications does not imply that there is any relationship between MEDIAPRO and the owner, manufacturer or distributor of the linked platform, nor MEDIAPRO’s acceptance or approval of its content and/or services; the owner, manufacturer or distributor is the only entity responsible for them.
The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, which are completely external to the Website and beyond MEDIAPRO’s control. By accessing said external networks, the user is entering an environment not controlled by MEDIAPRO and, consequently, the latter will not accept any responsibility for the security settings of said environments.
Given that MEDIAPRO has no control of any kind over the content housed on said channels, the user recognises and accepts that MEDIAPRO assumes no responsibility for the content or the services the user may access on said pages/websites, nor for any content, products, services, advertising or any other material available on them. For this reason, the user must exercise caution when evaluating and using the information, content and services which exist on the linked channels, and with regard to their own or third party information they wish to share on said channels.
7.3. Links on other websites directed to the Website
MEDIAPRO does not authorise the establishment of any links to the Website from websites containing materials, information or content which is illicit, illegal, degrading, obscene and, in general, which contravenes laws, morals or public order, or the generally accepted social norms.
In any event, users may establish links on their respective websites directed to MEDIAPRO, provided they meet the following conditions: a) the link may not reproduce the content of the Website, or parts thereof, under any circumstances; b) the creation of a browser on the sections of the Website is not permitted, nor may the Website be modified in any other way; c) it is not permitted to make false, inaccurate or incorrect statements or indications on the Website and/or, in particular, state or suggest that MEDIAPRO has authorised the link or that it has supervised or assumed in any way the content or services offered or made available on the website in which said link is established; d) the website on which the link to the Website is established must not contain information or content that is illicit, contrary to morals and generally accepted decency and to public order, nor may it contain content that infringes any third party rights, including intellectual and industrial property rights and/or the right to honour, to personal or family intimacy or to one’s own image or any other right, or content contrary to the regulations on protection of personal information; e) the owner of the website in which the link to the Website is established may not make a direct or indirect profit from the inclusion of a link/links to the Website.
MEDIAPRO has neither the power nor the human or technical means to be aware of, monitor or approve all the information, content, products or services facilitated by other websites which have established links directed to the Website. Consequently, MEDIAPRO assumes no type of liability for any aspect relating to the website establishing that link directed to the Website; specifically, though not exhaustively, this refers to the operation, access, details, information, files, quality and reliability of the website’s products and services, its own links and/or any of its content, in general.
8. Liability for damages
The User will be liable for failure to meet any of the obligations to which he/she is subject under these General Conditions or the applicable law related to the use of the Services and access to the Content.
9. Legal disclaimer
9.1. Legal disclaimer for the operation of the Website and the Services
9.1.1. Availability and continuity
MEDIAPRO does not guarantee the availability and continuity of the operation of the Website and the Services. Whenever reasonably possible, MEDIAPRO will give advance notice of any interruptions to the operation of the Website and the Services. Neither can MEDIAPRO guarantee the utility of the Website and of the Services for the performance of any specific activity, nor its infallible nature and, in particular, although not exclusively, that Users may effectively use the Website and the Services, access the different pages which make up the Website or those from which the Services are provided.
MEDIAPRO excludes, as far as permitted by the legal system, any liability for damages of any nature which might result from the lack of availability or continuity of the operation of the Website and the Services, of the dishonest use which Users may have attributed to the Website and the Services, of the fallibility of the Website and the Services, and in particular, although not exclusively, of the faults in access to the different pages of the Website or to those from which the Services are provided.
10. Liabilities and guarantees
MEDIAPRO cannot guarantee the reliability, utility or veracity of absolutely all the information and/or the services on the Website, nor the utility or veracity of the documentation made available through it.
Consequently, MEDIAPRO cannot guarantee, nor can it be held liable for: (i) the continuity of the Website content; (ii) the absence of errors in said content; (iii) the absence of viruses and/or other harmful components on the Website or on the server which supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of utility or performance of the Website content; and (vi) the damages that may be caused, to himself/herself or to a third party, by any person breaching the conditions, regulations and instructions given by the supplier on the Website or through the breach of the Website’s security systems. This notwithstanding, MEDIAPRO states that it has adopted all the measures necessary, within its possibilities and the state of the art, to guarantee the operation of the Website and reduce to a minimum the errors in the system, from both the technical point of view and regarding the content published on the Website.
MEDIAPRO does not guarantee the lawfulness, reliability and utility of the content supplied by third parties via the Website. If the user is aware of the existence of any content which is illicit, illegal, contrary to the laws or which might suppose a breach of third party rights, he/she must notify MEDIAPRO immediately of this, so that it can adopt appropriate measures.
MEDIAPRO shall not be responsible for the veracity, integrity or up-to-date nature of the information published on the Website from sources outside it, or for the information contained on other platforms with links from the Website. The information provider shall assume no liability regarding any hypothetical harm which might result from the use of said information.
11. Intellectual and industrial property rights
The Website and the different elements it comprises, such as databases, IT applications, distinctive signs, logos, photographs, fragments of audiovisual works, graphic or any other designs are subject to intellectual and industrial property rights of which MEDIAPRO is the exclusive owner or assignee with the scope required. These General Conditions do not imply transfer or transmission in favour of the User of any intellectual or industrial property right over the Website or any of its component parts. The User is expressly prohibited from reproducing, distributing, transforming, communicating in public, making available, extracting, reusing, resending or using by any means or procedure the Website or its component parts, unless this is permitted by law or it has the express written authorisation of MEDIAPRO.
The User may view the Content available through the Website for his/her exclusive personal and private use in his/her IT systems, provided the purpose of such is not to develop activities of a commercial or professional nature, without prejudice to the uses expressly permitted in writing by MEDIAPRO to the Distributors under the professional relationship between them. The User must abstain from eluding or attempting to elude any technological measures adopted by MEDIAPRO to restrict acts which do not have MEDIAPRO’s authorisation or that of third parties owning rights over protected works or services that are accessible through the Website. The User must respect at all times all the intellectual and industrial property rights over the Website, whether they are owned by MEDIAPRO or by third parties.
Generally, persons using the Website do so without the need to provide any personal information. Nevertheless, to access the Services, in some cases Users must provide certain personal details. MEDIAPRO guarantees the confidentiality of the personal details provided by Users and, where relevant, Distributors, as set out in the regulations on Protection of Personal Information.
On this point, Users are informed that any information sent to MEDIAPRO will be incorporated in a file owned by it, for the purpose of replying to any queries and requests and, if the User’s consent has been given, sending commercial information by telematic means on MEDIAPRO content and products, or those of companies belonging to the same business group, and third party companies which sponsor it and/or work with it.
Similarly, any personal details which might be provided by Distributors will be incorporated in a file owned by MEDIAPRO, for the purpose of managing the contractual and professional relationship with the Distributor. MEDIAPRO may send information on MEDIAPRO products or services, and those of third party related companies, if consent has been given to do so.
The personal information which might be provided by Users and, where relevant, Distributors may be communicated to other companies in the Imagina Group, http://entidades.imagina-media.com if this is necessary for the purposes mentioned.
The User and, where relevant, the Distributor state that all the details provided are true and correct, and undertakes to communicate to MEDIAPRO any changes which might be made to them.
In order to exercise the rights of access, rectification, cancellation and opposition, a letter must be sent with the reference (Ref. Data Protection), specifying the corresponding request and accompanied by a photocopy of the interested party’s National Identity Document [DNI] to the following address: MEDIAPRODUCCION, S.L.U., Avenida Diagonal 177-183, 12ª Planta, 08018, Barcelona. Alternatively, the same documentation can be sent to the e-mail address: email@example.com
13. Applicable legislation and jurisdiction
The relations established between the User and MEDIAPRO will be governed by Spanish legislation. However, for cases in which the laws provide for the possibility of the parties submitting themselves to another jurisdiction, the User and MEDIAPRO expressly waive any other jurisdiction to which they might be entitled, and will submit any disputes and/or litigation to the Courts of the city of Barcelona.