Last revised: 1 July 2016
Solidarity App is a service provided by Creative Matters SL holder of tax ID code nº B- B66742479 and with registered address at C/ del Carme, 36, 4, 1, Barcelona (08001), Spain, registered in the Barcelona Commercial Registry on 31 March 2016, inscription no. 1, in Volume 45.289, Folio 69 and Page 483001.
The Agreement – The Terms
Certain features of the Services or the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. To the extent such terms, guidelines, and rules conflict with these Terms, these Terms shall govern.
These Terms set forth the legally binding terms for the use of the Services and this Site.
By registering for Services, Users accept this Agreement and represent and warrant that have the right, authority, and capacity to enter into this Agreement.
You may not access or use the Site or Services if you are not at least 14 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.
Solidarity App may change these Terms at any time. In such case, Solidarity App will inform You of any substantial changes in written (i.e. via e-mail).
Solidarity App provides an online platform to register social projects, promote them and enable them to raise funds via the promotion of free apps and games. By allowing Solidarity App users to download free mobile apps and games, Solidarity App collects revenue from mobile advertisement ad networks for each download, and allocates 90% of these revenues to the social project or NGO choose by the user.
Solidarity App respects the copyright and intellectual property rights of the Apps developers, Users and third parties.
The Users of the Solidarity App Services undertake to respect the copyright and IPR of other Users, third parties, other individuals or legal entities and Solidarity App.
Except for those uses, exceptions or limitations legally established, the Users undertake not to broadcast, reproduce, communicate, transform, distribute, disclose or store any App or other contents through the Services, without the express consent of Solidarity App or the holders of such rights.
Notification of Infringements (REPORT)
Solidarity App provides Users with an e-mail notification system, reserved and confidential, to inform of those Apps and Contents or other activities performed through the Services involving an infringement of the Terms and the Data Protection Policy.
a) Infringes their copyright or intellectual property, or that of third parties.
b) Is of a sexual or pornographic nature.
c) Offends minors.
d) Invades the privacy of others.
e) Is of an offensive, derogatory, racist, homophobic or obscene nature.
f) Other circumstances.
Users should report Solidarity App by sending an e-mail to email@example.com informing on any unlawful or inappropriate Apps or contents or alleged infringements the Terms or the Privacy policies.
Having received notification of an infringement, Solidarity App undertakes to examine the Apps or content reported and, at its discretion, provisionally suspends them of the Services until the issue is resolved.
In order to obtain additional information relating to the report and reported Apps, Solidarity App may contact both the App developer responsible for the Content and the User reporting it.
Such information may consist of certificates and declarations on the ownership and rights of the App, signed statements from Users, and any other information necessary for clarifying and resolving the report.
Users undertake to collaborate with Solidarity App and provide any information which may be necessary to process and resolve the report.
Once the App has been examined, and any supplementary information received which, where applicable, might have been requested, Solidarity App shall cancel or keep the App on the Services.
In the event of any abusive or false reports, Solidarity App reserves the right to suspend the account of the User making the false or abusive report, and even cancel such User account in the case of repeat offenders.
Solidarity App guarantees the confidentiality of the identity of the reporting party, and under no circumstances will notify any third parties or the reported User of this.
Solidarity App respects authors’ and content holders’ rights.
Solidarity App may promptly terminate without notice any User’s access to the Sites and Services if that User is determined by Solidarity App to have infringed the rights of copyright holders.
If you believe that any material on the Services violates any copyright or similar rights which you own or control, you may send a written notification to firstname.lastname@example.org .
The notification must consist of a written communication that includes the following:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Monitoring of third party Apps and Content
Users acknowledge that Solidarity App does not actively monitor any third party content or content appearing on the Site or our Services which derives from a third party website and Solidarity App shall not be responsible or liable for any such content including, without limitation, any third party content:
● which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
● in which the IPR are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or
● which is prohibited by the applicable Data Protection Law.
If we are informed or if we suspect that any material on the Services or the Site infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Site or Services.
We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If any User has any concerns or queries about material which appears on this Site or the Services (including any content displayed on the Site that has violated any Intellectual Property Rights) please e-mail us a email@example.com
Solidarity App makes no warranties regarding the Apps or any other products or Services provided to Users, and each of the foregoing are provided by us “AS IS”.
In order to use the Services, potential Users must register for an account with Solidarity App (“Account”) and provide certain information about yourself as prompted by the Site registration form. All Users represent and warrant that: (a) all required registration information submitted is truthful and accurate; and (b) will maintain the accuracy of such information. Without limiting the generality of the foregoing, agree to provide Solidarity App with identification documents (including copies of IDs, passports or driversdriver’s licenses) which Solidarity App requests from Users from time to time for the purposes of verifying your identity.
Users may delete their Account at any time.
User are responsible for maintaining the confidentiality of their Account login information and are fully responsible for all activities that occur under their Account.
Users agree to immediately notify Solidarity App of any unauthorized use, or suspected unauthorized use of their Account or any other breach of security which is based on their negligence.
Solidarity App cannot and will not be liable for any loss or damage arising from the Users’ failure to comply with the above requirements.
Producers may not have more than one Account.Solidarity App reserves its right to cancel any Account that has been inactive for more than 6 months.
Users may not have more than one Account.
Subject to these Terms, Solidarity App grants Users a non- transferable, non-exclusive, license to use the Site and the Services.
The rights granted to Users in these Terms are subject to the following restrictions: (a) shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services; (b) shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.
All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Solidarity App reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice.
Users agree that Solidarity App will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. Users acknowledge and agree that Solidarity App will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
Disclaimer of warranties
Users expressly agree that if they choose to use the Services they do so at their sole risk.
Users acknowledge that Solidarity App has no obligation to conduct any background check on any App or content included in the Services.
The Service and all products and services delivered to Users through the Service are (except as expressly stated by Solidarity App) provided ‘AS IS’ and ‘AS AVAILABLE’ for the use of Users, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Limitation of liability
Subject to the maximum extent permitted by applicable law, Users agree that Solidarity App shall not be liable for: (a) any direct loss, claim or damage; or (b) any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Website or its contents which are entered via the Website; (ii) any failure or delay in the use of any component of the Website or any service including, without limitation, any unavailability of the Website or the services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Website, in all cases even if we have been forewarned of the possibility of such loss or damage.
Due to the inherent risks of using the Internet, Solidarity App cannot be liable for any damage to, or viruses that may infect, Users’ computer equipment or any other property when you are using or browsing the Website and the Service. The downloading or other acquisition of any materials or information through the Website is done at the Users own discretion and risk and with your consent that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
To the maximum extent permitted by applicable law, Users agree to indemnify Solidarity App against any claims or legal proceedings that may arise through the Users’ use of the Site and Services or from any breach of these Terms by Users.
We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.
You agree to indemnify, defend and hold harmless Solidarity App and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, actions, losses, penalties, expenses or damages (including, without limitation, counsel fees) arising out of any breach or alleged breach by You of its representations or warranties under these Terms or your violation of any law or the rights of a third-party.
We may remove the Site or cease the provision of any of the Services, or terminate Your registration with the Site and the Services at any time in our sole discretion for any reason whatsoever. You will be informed of such operations in a reasonable time period.
Termination of your registration, howsoever caused, shall not affect the accrued rights and liabilities of either You or us as at the time of such termination.
Miscellaneous – Governing Law and Jurisdiction
Any failure or delay by us to enforce any of our rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
These Terms are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms under the applicable laws.
You agree that any dispute or claim arising out of the subject matter of these Terms shall be governed by and construed in accordance with the laws of Spain with respect to agreements to be fully performed therein and you agree to submit to the exclusive jurisdiction of the courts of Barcelona, Spain.
The English version of these Terms shall prevail to any other version or translation of these Terms.
Copyright © 2016, Solidarity App.
All rights reserved. All copyrighted works, trademarks and logos used, part of or displayed on the Site are Solidarity App’s property or the property of other third parties. You are not permitted to use them without Solidarity App’s prior written consent or the consent of such third party which may own them.