Legal Notice
Website Host:
Vidodo Guide S.L.
Calle Benahore, 20
35571 Yaiza, Las Palmas, Spain
Management:
Alexandra Vidodo
Customer Service:
Contact Us
Commercial Registry Information:
Registro Mercantil of Lanzarote, Volume 538, Folio 193, Sheet 13706
VAT Identification Number:
B56188493
The European Commission provides a platform for Online Dispute Resolution (ODR). It can be found at: http://ec.europa.eu/consumers/odr/. Vidodo Guide is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Version 1.0 dated April 3, 2024
1. ABOUT THE TERMS OF USE OF THE APPLICATION: ACCEPTANCE, MODIFICATIONS, AND VALIDITY
These general conditions regulate the use of the service(s) associated with the web application governing the VIDODO GUIDE Application (hereinafter, “the Application”), owned by VIDODO GUIDE S.L. (hereinafter, “VIDODO GUIDE” or “we”), with tax identification number B56188493, located at Calle Benahore, 20, 35571 Yaiza, Las Palmas, Spain, and registered in the Mercantile Registry of Lanzarote, Volume 538, Folio 193, Sheet 13706.
1.1. Application Users
Browsing and using the Application attributes the user status to the individual and implies their full, unconditional acceptance of each and every provision included in these General Terms of Use, according to the version published by VIDODO GUIDE at the time the user accesses the Application. VIDODO GUIDE, in the event of users violating the terms and policies to which the Application is subject, may prevent access to it by the user, suspend the services being provided, or, if applicable, deactivate user accounts, without entitling them to any refund or monetary compensation.
1.2. Modification of Conditions
Therefore, we recommend that the user carefully read these terms of use each time they access the Application, as they may undergo modifications for legal, technical, or corporate reasons, or derived from self-regulation processes, whether on its own or by voluntary adherence of VIDODO GUIDE to existing codes of conduct of interest to its activity and the better protection of the rights of its users. Whenever possible, VIDODO GUIDE will advertise any relevant modification of these conditions for the rights and interests of Application users through the Application, before it enters into force. If you do not agree, you may unsubscribe from the service(s) in question.
1.3. Validity
The declaration of any terms of use as null, invalid, or ineffective will not affect the validity or effectiveness of the remaining terms, which will remain binding between the parties. Likewise, the waiver by any party of demanding, at a certain time, compliance with any of these conditions, will not imply a general waiver of compliance with any other condition or conditions imposed, nor will it generate an acquired right for the other party.
1.4. Duration
Access to the contents of the Application has, in principle, an indefinite duration. VIDODO GUIDE is authorized to terminate or suspend the provision of services or the development of actions through the Application at any time, while fully respecting the applicable regulations in these cases. Whenever reasonably possible, VIDODO GUIDE will notify in advance through the Application of the termination or suspension of the provision of services provided through it.
2. GENERAL CONDITIONS OF ACCESS AND USE OF THE APPLICATION
Through the Application, VIDODO GUIDE provides users with information, request, access, and/or use of services or content (hereinafter, the “Service” or “Services”), developed or made available by VIDODO GUIDE under the terms and conditions provided for each case.
2.1. Free nature of access and use of the Application
Access and/or browsing through the Application by users is free of charge, which is understood without prejudice to the paid nature of the services that may be available through the Application under the terms and conditions established by VIDODO GUIDE.
2.2. Browsing, registration, and data forms
In general, initial access or browsing through the Application does not imply or determine the prior subscription or registration of users. However, VIDODO GUIDE may condition the provision of certain services, or access to the content offered through the Application, to the prior registration of the user in it, as well as the completion by the user of the corresponding data forms. VIDODO GUIDE reserves the right to unilaterally modify and, at any time, the registration system or data forms provided in the Application for legal, technical, or corporate reasons, or based on self-regulation processes to which it may be subject.
2.3. Truthfulness, accuracy, and currency of the information provided by the user
The data entered by users in the corresponding registration forms or in those for data collection available through the Application must be, at all times, accurate, current, and truthful and will be processed by VIDODO GUIDE by Spanish legislation on personal data protection (in the case of personal data). The user (or their legal representative) will be solely responsible for false, inaccurate, or outdated statements made and for any damages caused to VIDODO GUIDE or third parties as a result of non-compliance with this duty.
2.4. Obligation to make proper and responsible use of the Application and the Services
The user agrees to use the Application and the Services reasonably following current regulations, these terms of use, the specific conditions of the services, the privacy policy, and other notices, usage regulations, and instructions made known to them, morality, and generally accepted good customs, and public order. In case of breach of such commitments, VIDODO GUIDE reserves the right to exclude, prohibit, or deny access to the Application and its services to the user, without prejudice to the possibility of exercising by VIDODO GUIDE any legal and/or judicial actions deemed of interest in light of its legitimate interests and rights (whether its own or of third parties).
3. PROHIBITED USES
Users of the Application are PROHIBITED from:
1.Using any of the services or content made available through the Application for illegal purposes or effects, prohibited in these conditions, harmful to the rights and interests of Vidodo Guide, or third parties. Unlawful purposes shall include, among others, the use by users of services or content provided for profit, commercial purposes, theft of business secrets or know-how, promotional or advertising purposes, incitement to participate in all kinds of gambling, luck, draws or bingo, and data collection from third parties. The use of services and content in the Application has a purely corporate or personal nature as provided for in these same Conditions and are exclusively intended for users authorized by Vidodo Guide for these purposes.
2. Damaging, disabling, overloading, deteriorating, or preventing the normal use of services through the Application, as well as cyber-attacking the Application, systems, or associated processes in any way.
3. Transmitting, communicating, or making available to third parties information, data, content, messages, and, in general, any kind of content that:
(a) in any way is contrary to, belittles, or violates the fundamental rights and freedoms constitutionally recognized, in international treaties, and in the rest of the applicable legislation, particularly regarding disabled persons and other particularly vulnerable groups such as minors or the elderly;
(b) in particular, is contrary to the right to honour, personal and family privacy, or the image of individuals;
(c) or contradicts or infringes the fundamental right to privacy and the protection of personal data.
(d) induces, incites, or promotes illegal, criminal, denigrating, defamatory, slanderous, violent actions or, in general, actions contrary to law, morality, generally accepted good customs, or public order;
(e) induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition;
(f) incorporates, makes available, or allows access to illegal, pornographic, criminal, violent, offensive, harmful, degrading, or, in general, content contrary to law, morality, generally accepted good customs, or public order;
(g) induces or may induce an unacceptable state of anxiety or fear;
(h) induces or incites involvement in dangerous, risky, or harmful practices for the health and physical or mental balance of individuals;
(i) is protected by any intellectual or industrial property rights belonging to third parties, without the user having obtained the necessary authorization from their holders to carry out the use they are or intend to carry out;
(j) violates the secrets of Vidodo Guide or any other third party;
(K) is false, ambiguous, inaccurate, exaggerated, or untimely, inducing or capable of inducing error about its object or the intentions or purposes of the communicator;
(l) in any way undermines the credibility of Vidodo Guide or third parties;
(ll) constitutes, where appropriate, illegal, misleading, or unfair advertising and, in general, constitutes unfair competition;
(m) incorporates viruses or other physical or electronic elements that may damage or prevent the normal operation of the social network, Vidodo Guide’s system, or computer equipment (hardware and software), or third parties’, or that may damage electronic documents, digital content, and files stored on such systems or computer equipment;
(n) causes difficulties in the normal operation of services or access to the Application or its content due to its characteristics (such as format, extension, etc.);
In the event of users violating these prohibitions, and from the moment Vidodo Guide has reliable knowledge of the facts, this entity may issue as many warnings as necessary to the users concerned for the immediate cessation of such activities/actions; promote their immediate withdrawal or correction; as well as not transmit or simply not take into consideration, where appropriate, possible assessments, opinions, or comments made within the framework of the Application.
If the requests of Vidodo Guide addressed to the respective user are not met, by mere legal or judicial mandate, or simply in consideration of its legitimate interests or those of third parties, Vidodo Guide may block and remove from the Application, at any time, the aforementioned elements, information, assessments, and contents in case of knowing their illegitimacy without prior notice to the users. It may also suspend, deactivate, or delete the user account, if applicable, without entitling them to any right or monetary compensation.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The user undertakes to use the content and services made available to them in the Application, understanding by these, without limitation, the texts, graphics, images, icons, technology, software, links, and other digital, audiovisual, or sound content, as well as their graphic design and source codes (hereinafter, the “Content”), by the law, these terms of use, the specific conditions of the services, and other notices, usage regulations, and instructions made known to them, as well as morality and generally accepted good customs and public order. In particular, they undertake to refrain from:
(a) Reproducing, copying, distributing, making available or publicly communicating, transforming or modifying the services and content, unless authorized by the holder of the corresponding rights or it is legally permitted;
(b) Deleting, manipulating, or in any way altering the “copyright” and other identifying data of the rights reservation of Vidodo Guide or third parties.
(c) Exercising or abusing the exercise of exploitation rights associated with such content unless expressly authorized for this purpose by its legitimate owner and, where appropriate, under the conditions expressly agreed upon in this regard.
All trademarks, names, distinctive signs, content architecture (design, navigation, arrangement, and taxonomy of the Application and its content, etc.), and content or software of any kind incorporated in the Application are the property of Vidodo Guide, or third parties, without it being understood that the use or access to the Application and/or to the content or services, confers any right on the user over said trademarks, trade names, and/or distinctive signs, as well as over any other elements made available through it.
In short, the contents and other services are protected by the intellectual or industrial property of Vidodo Guide or third parties, without being understood to be transferred to the user, following the provisions of these terms of use or services. None of the rights that may or may fall on them can be understood to be transferred to the user beyond what is strictly necessary for the correct use or access to the Application and the services and contents provided through it (non-sublicensable use to third parties due to the service’s characteristics and other associated legal requirements).
5. HYPERLINKS:
Users and, in general, those who intend to establish a hyperlink between their website and the Application (“Hyperlink”) must comply with the following conditions:
1. The Hyperlink will only allow access to the home page or main page of the Application, but it may not reproduce them in any way, including the prohibition of reproducing or linking to specific contents or services of the Application without the express written authorization of Vidodo Guide.
2. A frame will not be created over the web pages of the Application.
3. False, inaccurate, or incorrect statements or indications about Vidodo Guide, its executives, officials, or collaborators, or about the contents or services provided, whether directly or indirectly, shall not be made.
4. It shall not be stated or implied that Vidodo Guide or any other third party present in the Application has authorized the Hyperlink or has supervised or assumed in any way the services offered or made available on the website where the Hyperlink is established. Except for those signs that are part of the same Hyperlink, the website where the Hyperlink is established shall not contain any trademarks, names, labels, denominations, logos, slogans, or other distinctive signs belonging to Vidodo Guide or third parties related to it, particularly those visible through the Application.
5. The website where the Hyperlink is established shall not contain illegal information or content contrary to generally accepted morals and good customs and public order, especially regarding disabled persons or particularly vulnerable individuals such as minors or the elderly, nor shall it contain content that infringes any rights of Vidodo Guide or third parties.
The establishment of the Hyperlink does not imply, in any case, the existence of relationships between Vidodo Guide and any third party included or existing in the Application, on the one hand, and the owner of the website where it is established, on the other hand, nor the acceptance and approval by Vidodo Guide or such third parties of their contents or services. In any case, Vidodo Guide may, at any time, request that persons who have established a hyperlink between their website and the Application remove it, reserving all legal and/or judicial actions that may correspond.
6. EXCLUSION OF WARRANTIES AND LIABILITY:
Vidodo Guide does not guarantee the availability and continuity of the operation of the Application and the services provided through it, whether its own or third-party services. When reasonably possible, it will give prior notice of interruptions in the operation of the Application, access to its contents, or the provision of the corresponding services. Vidodo Guide also does not guarantee the usefulness of the Application and the contents and services provided through it for the performance of any specific activity or purpose intended by the user. Vidodo Guide does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations to the user’s computer system (software and hardware) or to the electronic documents and files stored on their computer system, although it will adopt the necessary preventive and corrective measures in this area. Vidodo Guide does not guarantee the truthfulness, accuracy, completeness, timeliness, legality, reliability, and usefulness of the contents and services of the Application, particularly those provided, offered, advertised, or assigned by third parties unrelated to this entity.
Vidodo Guide may provide users with technical linking devices (such as links, banners, buttons), directories, and search tools through the Application to access websites owned and/or managed by third parties (“Linked Sites”). The installation of these links, directories, and search tools in the Application is solely intended to facilitate users’ search and access to information, contents, and services available on the Internet. Search engine results are provided directly by third parties and are a consequence of the automatic operation of technical mechanisms, so Vidodo Guide cannot control or monitor these results, particularly whether they include websites whose content may be illegal, contrary to morals or good customs, or considered inappropriate for other reasons.
Vidodo Guide, as a mere provider of information society services, does not assume, direct, or control in any way the opinions, comments, or actions associated with users, nor does it engage in any editorial activity in this regard. The user (and, where applicable, their respective legal representatives) shall be solely responsible for such opinions, comments, or actions through the Application. Vidodo Guide also does not assume, share, or assist in any way in the actions intended or carried out by users of the Application. Users (and, where applicable, their respective legal representatives) shall be solely responsible for the actions or measures they intend, undertake, or adopt based on the information accessed or transmitted through the Application, primarily by other users thereof. Despite the multiple prohibitions, rules, and recommendations addressed to users of the Application, Vidodo Guide does not guarantee or assume any responsibility whatsoever for users’ use of the Application, its services, and the contents provided through it following this legal notice or the privacy policy, or for their diligent and prudent use. However, it may implement security and detection systems in this area and will take all necessary corrective measures from the moment it becomes aware of possible breaches, ensuring the overall legitimacy of the services, contents, assessments, opinions, and comments that may be made through the Application, without implying or involving any obligation of control on the part of Vidodo Guide. Users of the Application (and, where applicable, their respective legal representatives) are generally solely responsible for the actions, assessments, opinions, comments, content, and information they publish, transmit, communicate, or provide through the Application. In all the aforementioned cases, Vidodo Guide excludes any liability, damages, or harm that may occur or may occur, to the fullest extent permitted by applicable law, whether against the user, their respective legal representatives, or any other third party.
7. PROCEDURE IN CASE OF ILLEGAL ACTIVITIES:
If any user, person, or third party considers that facts or circumstances are revealing the illegal use of any service and content provided through the Application, or that their rights and legitimate interests have been violated, they may send a notification to Vidodo Guide, through any legally valid means, containing at least the following points:
(a) Identifying and contact information of the claimant: name and surname, postal and electronic address (email) for notifications, national identification document, passport or equivalent legal document (including a copy or photocopy thereof), and telephone contact number.
(b) Specification of the alleged illegal activity carried out in the Application.
(c) In the event of an alleged violation of intellectual or industrial property rights, precise indication thereof, documentary evidence relating thereto (if held), indication of the protected contents or elements, as well as their specific location in the Application, if applicable.
(d) Sufficient powers of representation (legal or voluntary). Depending on the case, Family Book and ID card, passport, or equivalent document proving the identity of the legal representative (in the case of a legal representative of a minor), sufficient powers of representation (in the case of voluntary representatives of the claimant or affected person).
(e) Express, clear, and under the responsibility of the claimant, a statement that the information provided in the notification is accurate and of the illegal nature of the use of the contents or the performance of the described activities.
(f) Handwritten or electronic signature of the claimant or affected person on whose behalf they act and date.
Vidodo Guide, in these cases, will examine the notification sent and its attached documentation and, as soon as possible, will respond to the claimant (or their legal representative or volunteer, as the case may be), without prejudice to its right to block or remove, temporarily or permanently, at any time, and without prior notice to the user, contents, opinions, comments, or any information or element subject to the claim or related thereto.
8. WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENTS:
In the event of a user’s breach of these terms of use and the Privacy and Cookies Policy of the Application, also accessible here, all of which the user fully and unreservedly accepts, Vidodo Guide may, depending on the cases described in these documents, deactivate or delete the user’s account or prevent their use of the Application and the services associated therewith, without generating any compensation, indemnification, or rights for the user in this regard due to their breach of specific obligations. Likewise, Vidodo Guide reserves the right to block and remove from the Application, at any time, without prior notice to the user, the publication of data, elements, assessments, comments, opinions, and, in general, any content that is or may be contrary to applicable law, rules, and its policies and conditions. In any case, Vidodo Guide reserves the right to exercise any legal or judicial actions that may be appropriate in the face of such actions.
9. LEGISLATION, APPLICABLE JURISDICTION:
These conditions are governed, in all their aspects, by Spanish law, and in the event of conflict or divergence in the interpretation and/or execution thereof, or of any other specific conditions provided in the Application, the competent Courts and Tribunals of Las Palmas de Gran Canaria shall have jurisdiction, waiving any other jurisdiction that may correspond to the parties.