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It is important that you read this document about privacy policies, as it specifies all the information related to the processing of personal data as a User of this service, and ZineShine.
By accessing this website, you acquire the status of a User, which implies the full and expressed acceptance, without any reservations, of all dispositions contained in these legal conditions.
For your assurance and trust, this Service complies with current Spanish and European Community legislation, Law 34/2002, of 11 July, Services Information Society and Electronic Commerce (LSSI-CE). It also complies with the provisions set forth in Organic Law 15/1999 of 13 December, on Personal Data Protection.
Unless otherwise indicated, any indication regarding legislation in this document refers to Spanish legislation, within the framework of European law and the international legal agreements to which Spain or EU are attached to.
ZineShine only offers services to legal people. Therefore, the data collected will be from their representatives, to be used strictly for the purposes described. Any other person's private data will be strictly rejected and deleted.
ZineShine is committed to ensuring that the User's privacy is protected, and will maintain confidentiality of Personal Information collected. This information will only be used in accordance with this privacy statement.
In accordance with Royal Decree 1720/2007, dated 21 December, approving the Development Regulation of the Organic Law 15/1999 of 13 June with the Personal Data Protection Act 15/1999, ZineShine is committed to ensuring compliance with the privacy of personal data and security procedures related to the storage of information, and will take any necessary action to prevent its alteration, loss, unauthorized handling or access.
Personal data submitted by the User will be included in a file called “INTERNET USERS”, owned by ZineShine, and will be processed with the aim of providing the Services requested. The file is dully declared and registered in the Spanish Data Protection Agency, and has adopted all and any of the technical and organisational measures required by the legislation in force. The email address you provide will be used for responding to requests.
We also inform you that you can exercise your right to access, modify, cancel or object to the storage of the said personal information. To exercise such right, you could either send us a letter or an email. The letter shall be entitled "Data Protection", which may include your request, with a photocopy of your National Identity Document or any other official identity document, at the following address: The Useful Company S.L., C/ Valencia nº 5B piso 6º puerta 2, 08015 de Barcelona, España. The mail message must be sent to the following address: firstname.lastname@example.org, with the heading "DATA PROTECTION" in the subject line of the message. We will respond to your request within 10 days to confirm you have the right to exercise your request.
The User guarantees that the personal data provided to ZineShine is correct and truthful and is responsible for notifying any change to it. He or she is also solely responsible for any inaccuracy or false statement in the given data, or for any damages that could be caused to ZineShine.
This website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway, Mountain View (California), 94043, United States.
Cookies are small text files that are stored on your computer's hard drive by websites you visit. When you use and access the Service, we may place a number of them in your web browser. They help us to analyze how you use the website by monitoring which pages you find useful and which you do not, and allow us to track your usage of the Service over time. Any information provided is for the sole use of ZineShine. The cookies we use in no way give us access to your computer or any personal information about you, other than the data you choose to share with us.
Some of the collected data corresponds to the following: number of times the User has visited the website, date of the first and last visit, time spent at the website, the previous page used to access the website, search engine used or selected link, country from which the site is accessed, etc.
Configuration is default by the Service. Therefore, we encourage you to review Google Analytics privacy statements for further information about the cookies it uses, and how to disable them on your computer.
As required by Art 11.1 of ISESA, the names cookies that may be installed on the browser as you visit the website are the following: _utma, _utmb, _utmc, _utmd, _utmv, _utmz. Their default duration is 2 years from the date of configuration or upgrading.
ZineShine does not sell, rent or transfer to third parties any lists with personal data that could lead to the identification of the User without his/her prior consent, nor will it do so in future. By accepting this document, the User is not giving his/her consent to sell, rent or transfer any personal data to a third party.
The electronic communications you may receive from ZineShine in the email address you have provided, will be clearly identified, and will be only used to send you information, business proposals, accomplish the service, as well as inform you about any new products and services. By submitting your personal information to us (by form, email or any other electronic communication), you are giving your consent to receive such messages. Any personally identifiable information you may facilitate which was necessary for the proper provision of the service, will be included in the file declared in this document. Please note ZineShine does not engage in "spamming" practices. Therefore, you shall not receive any communication for which you have not granted your permission.
ZineShine takes appropriate technical and organizational information security measures to keep the Service free from viruses, and other types of malware.
The User should however be aware that the safety measures today on Internet are not impregnable. Consequently, you are not safeguarded from possible illegal intromissions and hackers, for which ZineShine shall not be held responsible.
Version: 1.0 - Date: 25 November 2016
These Terms and Conditions apply to all ZineShine, the worldwide mobile publication service offered by The Useful Company S.L. (from now on ZineShine). By using ZineShine, you agree to these Terms and Conditions. If you want to use ZineShine you will be asked to give your express consent to these Terms and Conditions.
Definitions in these Terms and Conditions are understood to have the following meanings:
An Agreement can be made with ZineShine through an online channel by or on behalf of the Customer using a protocol defined by ZineShine.
Customer may submit a request to conclude an Agreement, by completing and sending an electronic order form designed by ZineShine.
If all ZineShine requirements are met, ZineShine shall accept the request and send Customer a confirmation (through Website and/or e-mail provided by Customer) of the Agreement. In that case, the Agreement is deemed to have come into effect on the date when the confirmation was sent.
Customer confirms that the e-mail address provided to ZineShine is correct and is authorized and supervised by Customer.
Customer agrees to receive all relevant information relating to the Agreement on the provided e-mail address and/or Website (public and private pages). Any email sent by ZineShine is considered received at the moment of being delivered to the server of the Customer.
ZineShine only accepts customers that qualifies as a legal entity. The person who acts in name of the legal entity warrants that it is legally authorized to represent that legal entity (the Customer).
The Customer guarantees that all information submitted, including its payment and address details, is complete, correct, truthful and up to date. Customer is also responsible for the authenticity of documents submitted.
ZineShine is at all times entitled to refuse a possible Customer.
By making use of the Service, Customer can request the creation of Apps and Publications to be used through Apps, as further described on the Website and/or in the Service and/or other electronic communications.
While the Agreement is in force, ZineShine grants the Customer a non-exclusive, non-transferable, limited right to use the Service. The Customer is responsible for meeting the technical requirements to use the Service. ZineShine is not responsible for the loss, theft or damage to any of the Customer's data.
Customer claims to be the owner of Content and/or have in its possession a license and/or permission to use the Content.
Any use of the Service by or on behalf of the Customer is for the Customer's own risk and responsibility. ZineShine is not liable and/or responsible for the Content, the App and/or any use made of the Service by Customer.
The use of the Service, the App, the Publication and the Content may not be harmful or abusive for any Party, may not breach these Terms and Conditions or the Agreement, and may not be unlawful or incite to illegality.
ZineShine is not responsible for any content that is derived from and/or may refer to third parties' websites, products or services (for instance through hyperlinks, banners or buttons).
ZineShine is not liable with regard to any third party services used by Customer or provided through the Service.
The Customer acknowledges and agrees that ZineShine has no influence over any kind of Content or use made of the Service by Customer.
In the event the Content, the use of the Service, or any other event related to it will violate these Terms and Conditions, ZineShine reserves the right to limit, reject, delete the Content as well as limit or block the use or access to Service.
ZineShine may reveal Customer's Personal Data and/or Content, or other data relating to the use of the Service, to third parties when it is necessary to comply with a court order, judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in Spain (and European Union), or to exercise its legal rights of defense against legal claims.
In order to be able to make use of the Service, ZineShine creates an Account (physical and/or virtual) for the Customer. The Customer is responsible for keeping its credentials confidential. The Customer is responsible for any use made of the Service through his Account. As soon as possible, Customer shall inform ZineShine of any incident (access, security, ...) relating to the Account.
ZineShine shall not be liable for damages resulting from the unauthorized use of the Service by the Customer or third parties.
The Service allows Customers to preview, create and publish their own Apps. Customer knows and accepts that App's features can be can be limited and expanded due to a commercial plans or personalized commercial proposals (or any kind of commercial proposal known and accepted by Customer, so part of the Agreement), as further described on the Website and/or in The Service and/or any other electronic communication.
Any Customer request to conclude an Agreement implies the acceptance of a preview App version and starts the creation process of its own App.
In order to make the publication of App convenient, App are published using ZineShine account for every Application Platform. However, ZineShine will not be responsible as publisher / author / owner of the App before the Application Platforms.
The acceptance is subject to the relevant rules, regulations, guidelines and timings of Application Platforms. ZineShine is not responsible for acceptance or delays in publishing the App caused by the acceptance process of Application Platforms. However, ZineShine will help Customer through the entire acceptance process, if necessary, requesting additional information from Customer to appeal to any Application Platform that rejects the App.
Customer knows and accepts, that when App is published, ZineShine acquires the right to generate an invoice for the Customer and the Customer acquires the commitment of its payment, as established in these Terms and Conditions.
The App allows an End User to view and interact with Customer's Publications. When App is created, at least one Customer's Publication is published next to App. After App creation, Customer can publish new Publications to be showed through Customer's App. Customer knows and accepts that number of Publications available through App, and number of Publications that can be create for a specified period of time, can be limited due to a commercial plan (or any kind of commercial proposal known and accepted by Customer, so part of the Agreement), as further described on the Website and/or in The Service and/or any other electronic communication.
Customer will provide Zineshine with Publications through the Online Publishing Provider (OPP). Once the publication is available on the OPP, a mechanism for service notification and acceptance is used and configured only by the Customer's criteria. Only when notification and acceptance is made, will ZineShine publish the Publication to be available through the Application to End Users, as further described on the Website and/or in The Service and/or any other electronic communication.
The Customer knows and accepts that use of the Service may derive invoices from ZineShine to Customer according to any commercial plan, known and accepted by Customer, so part of The Agreement. Customer acquires the commitment of invoice payment, as established in the accepted commercial plan and these Terms and Conditions.
In order to offer the highest quality of service, ZineShine is made up of highly experienced human team and state of the art technologies of our own and third parties. This allows the Service to be of a high quality and high availability. However, due to the multitude of factors that may occur and that are beyond our control, ZineShine does not guarantee a specific level of service through these Terms and Conditions. Therefore, ZineShine does not accept any level of responsibility in this regard.
ZineShine has the right to temporarily stop its platform (systems, Services, networks) for maintenance. These maintenance task will be previously planned and notified (by email) to Customers. ZineShine is not liable of any damage caused by these operations.
Timings in relation to the Service processes will be communicated through Website (private or public) and / or Account and / or any other electronic communication that has been sent to the Customer. Timings are always estimates, and are calculated based on real times in similar cases. ZineShine is not responsible for complying with the timings communicated unless it is established In Writing by the Parties.
ZineShine will not be responsible for delays caused by the Application Platforms in the acceptance process of the Apps.
ZineShine will not be responsible for any delays that may be caused by the process of information communication and coordination to and from the Customer. Likewise, due to delays caused by contingencies that may arise during the Service process.
Any delay that may arise will be promptly communicated to the Customer.
Prices and payment details are specified in the Service. Prices are shown in the currency mentioned, and are shown exclusive of VAT, import duties and other government imposed taxes, duties and levies.
For Customer security and privacy, payment is made through a high reputation third-party payment service, which ensures compliance with international standards, and manages all critical payment data. ZineShine does not store data, nor temporary variables, of any method of payment in its servers. Payment can be done using credit cards and/or as further described in the Service.
For Customer trust, invoice and/or charge will only be able to make when the App is approved by the Application Platforms. Finally, in the event App would not be able to be published in one or more Application Platform, Customer will be able to terminate the Agreement. This decision will be duly communicated and accepted by ZineShine.
Customer has the obligation to inform ZineShine immediately about any inaccuracies in the offer provided or the payment details described. Customer agrees that any inaccuracies in the offer make the offer invalid for an Agreement.
Customer will pay the amounts in accordance with the payment conditions stated by ZineShine. Invoiced amounts are due and payable within fifteen (15) days after the invoice date.
If Customer does not pay the fees on time, ZineShine will have the right, after it has issued a warning, to limit the use of the Service and, after a renewed warning, to fully block the use of the Service until the amounts have been paid.
ZineShine reserves all rights not expressly granted to Customer in these Terms and Conditions, including Intellectual Property Rights, logos, trademarks, and any other legitimate right over any part of the Service, as well as any modification, adaptation or translation. The Client acknowledges and accepts that all rights to the Service are protected in accordance with Spanish law and international treaties to which Spain belongs. Customer acknowledges and accepts that it does not acquire any express or implied right, except as provided in these Terms and Conditions. The Service is licensed, not sold. Under no circumstances will ZineShine be obliged to provide, nor will Customer obtain any rights over the software source code of the Service or any other software element of the ZineShine platform.
ZineShine prohibits the sale, rental or transfer of the Service by the Customer. Likewise, the Customer may not allow access to the Service to a third party.
Reproduction, retransmission, copying, transfer, broadcasting or similar, in whole or in part, of the Service is prohibited, specially commercial information, for whatever purpose and means is used, without the express authorization of ZineShine.
If ZineShine provides third party software or services, Customer will accept the terms and conditions of the third party, and acknowledges that ZineShine will not be a party of the agreement.
Reverse engineering of any element of the ZineShine platform is prohibited. Equally, the attempt to surpass any security element of the Service is prohibited, and the Client accepts these restrictions.
Customer agrees and acknowledges that in providing any Content, grants ZineShine the right to use and make it public through the Service. These Contents are able to be provided directly from Customer or indirectly through its online publishing provider (OPP). Customer grants ZineShine the right to access, download, use and make it public through the Service the Content form its OPP. ZineShine may use such Content on its Website for advertising purposes, for example as success cases, obtaining prior consent from the Customer.
The Client retains all rights to the Content.
The breach of the rights stipulated in these Terms and Conditions may entail the application of penalties established in the Penal Code, the Intellectual Property Law, the Trademark Law and the Unfair Competition Law of Spanish and European Union legislation, and the international laws to which they are attached.
In the event that the Client or a third party considers that any element of this Service causes a violation of their intellectual property rights, please inform us of this circumstance indicating the personal data of the interested party of the infringed rights, an element that infringes the right, Location in this Service, as well as express statement of the interested party being responsible for the veracity of the information provided.
ZineShine will be responsible for damages incurred to the Client when it is guilty of breach of the Agreement or illegal act of any employee. It will be considered as a single act the series of incidents relations that lead to damage. In addition, the amount payable by ZineShine to the Customer shall be limited to the amount paid by the Customer to ZineShine in the last month (1 Month) before the damage was caused. In order to arise any compensation, Customer must notify ZineShine about any damages within fourteen (14) days of the damage occurring.
ZineShine is not responsible for indirect damages to the Customer. All claims for damages caused by the Customer to third parties in relation to the Service will be compensated by the Customer to ZineShine.
ZineShine shall have no liability to the Customer under the Agreement if any contingency beyond its control (eg cyber attacks, utility failures, etc.) does not allow compliance with the Agreement, provided ZineShine notifies Customer of such event and its probable duration. ZineShine is never required to compensate damages suffered by Customer in case of major force.
Both parties, ZineShine and the Customer represent and warrant that it has full right to enter into the Agreement and to perform its obligations, without violating any agreement it has with a third party.
ZineShine represents and warrants that to the best of its knowledge, the Service does not breach any Intellectual Property Rights of third parties, and the Service is free from malicious software.
The Customer represents and warrants that it shall not breach these Terms and Conditions of the Agreement.
In case a Party breaches warranties above, the Party shall indemnify and hold harmless the other Party from and against all claims, damages or losses resulting. The affected Party will promptly notify the offending Party in order to resolve the breach at its sole discretion.
Customer shall receive (electronic) confirmation (through Website and/or email) of the beginning of the contract period. Sending the contracting form by clicking the send button and the appearance of the message on the Website confirming the sending will be sufficient to declare the beginning of the contracting period, provided there is no error, omission or falsity in the data sent by the Customer, or any other circumstance that causes ZineShine to deny the Service, as established in these Terms and Conditions.
Unless agreed to the contrary, The Agreement has a 1 Year contract period.
Unless agreed to the contrary, the Agreement, in the absence of termination In Writing reaching the other party at least 15 Days before the end of the contract period, shall always be tacitly extended by the same contract period.
Unless explicitly agreed otherwise, neither Party may unilaterally terminate this Agreement before its minimum term has expired, unless any circumstance breaches The Agreement as described in this Terms and Conditions. In order to continue the Agreement, the Party will be able to cure such breach within 7 Days after receipt written (electronic) notice specifying the breach.
All obligations of the Parties that accrued prior to termination of the Agreement shall survive termination of the Agreement.
It is considered confidential information on Customers, prospective Customers and opportunities; any commercial information that Parties share in order to make the Agreement; any other kind of information declared explicitly confidential or reasonably confidential due to nature of information. In general, it is able to be considered confidential any information available through personal areas (Account), non- public web pages, emails that Parties exchange, and any kind of personal information.
After termination of the Agreement for whatever reason, the Parties shall erase all confidential information or return it to its owner.
By default, parties shall refrain from disclosing or using for any other purpose than within the scope of the Agreement, any kind of information of the other Party.
A Party may disclose confidential information after consultation and written permission of the other Party.
ZineShine reserves the right unilaterally to change Services and these Terms and Conditions. Changes shall also apply to Agreements already in effect after a period of 30 Days after disclosure of the change on the Website or by electronic message. Minor changes can be made at any time without any kind of communication.
In case of a third party takes over ZineShine business activity, ZineShine has the right to transfer its rights and obligations under the Agreement to this third party.
Any situation not contemplated or that involves a deviation from these Terms and Conditions, will require the prior written approval of ZineShine.
These Terms and Conditions are subject to Spanish law.
All disputes over any element of relationship between ZineShine and the Client or any third party shall be submitted to the competent Spanish court.
If any provision of these Terms and Conditions is invalidated or declared unenforceable by a court, all other provisions will remain valid and enforceable. If a provision needs to be limited to be valid and enforceable, then such provision shall be deemed to be written, interpreted and enforced under that limitation.