Statement of Rights and Responsibilities
Date of last revision: 18th November 2013
This Statement of Rights and Responsibilities ("Statement," or "Terms,") derives from the Humans´Network (”THN”) code of ethics, is our terms of service that governs our relationship with users and others who interact with THN. By using or accessing THN, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how THN works.
Privacy control of your contents
You own all of the content and information you post on THN, and you can control how it is shared through your privacy settings both in the website and in the mobile applications.
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of THN, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We do our best to keep THN safe, but we cannot guarantee it. We need your help to keep THN safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on THN.
- You will not collect users' content or information, or otherwise access THN, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on THN.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on THN.
- You will not use THN to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of THN, such as a denial of service attack or interference with page rendering or other THN functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and account security
THN users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on THN, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal human profile personal for your own commercial gain. You will use a non-personal human profile for such purposes.
- You will not use THN if you are under the minimum required age stated in your country to become a member of a social network.
- You will not use THN if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting other people´s rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on THN that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on THN if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights such as “Block”, “Report” and “Claim admin”.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks such as our name, slogan and logos, or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on THN.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on THN.
Special Provisions Applicable to Software
- If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
- Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice and an opportunity to comment on changes to this Statement.
- If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on this page and through e-mails to all users.
- Your continued use of THN following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of THN to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 1.2, 1.4, and 8-13.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or THN exclusively in the Bilbao Courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the province of Bizkaia in Spain will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on THN, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on THN and are not responsible for the content or information users transmit or share on THN. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on THN. We are not responsible for the conduct, whether online or offline, or any user of THN.
- WE TRY TO KEEP THN UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THN AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THN WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THN WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THN WILL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THN'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside Spain
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with THN outside the Spain:
- You consent to having your personal data transferred to and processed in Spain.
- By "THN" we mean the features and services we make available, including through (a) our website at www.thehumansnetwork.com and any other THN branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Human button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from THN or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with THN.
- By "content" we mean anything you or other users post on THN that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from THN or provide to THN through Platform.
- By "post" we mean post on THN or otherwise make available by using THN.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into THN at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- This Statement is an agreement between you and The Humans´Movement, S.L. References to “us,” “we,” and “our” mean The Humans´Movement, S.L.
- This Statement makes up the entire agreement between the parties regarding THN, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
You may also want to review the following documents, which provide additional information about your use of THN
“the Humans´Network…because what matters most is people!” and its logos are registered trademarks.
All rights are reserved related to intellectual property, exploitation and author within www.thehumansnetwork.com