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Legal notice


This is an auxiliary automatic translation. Please refer to spanish version of text.

WHATATOP is a website which purpose is that the USERS could send us and publish images registered by them or of third with his authorization, with the target that other USERS could visualize them, to rate them and to make provated use of the same ones. The sending of images is submitted to the most strict fulfillment of the Laws of Intellectual Property, being a responsibility of the issuer its fulfillment.

By this reason, and in order to be accord to the current law and to grant safety and confidence to all his USERS, we inform that, by virtue of the Law 34/2002 of services of the society of the information and of electronic commerce, we inform that this website is property of the partners of WHATATOP (CIF B85342327), with domicile in C/CALIZA Nº 3, 1º D, 28032 Madrid.

For any consultation or offer, contact us by e-mail: whatateam@whatatop.com.

This website is ruled by the regulation exclusively applicable in Spain, and both natives and foreigners who use this Web remain submitted to it..

The access to our web page on the part of the USER is free and is determined to the previous reading and acceptance without reservations of the present GENERAL CONDITIONS OF USE in force in the moment of the access, which we request read held up. The USER in the moment that uses our website, his contents or services, agrees and surrenders expressly to the general conditions of use. If the user will not agree with the present conditions of use, it will have to abstain from using this portal and to operate by means of the same one.

At any time we will be able to modify the presentation and configuration of our Web, and even to suppress it of the Net, as well as the services and given contents, all this of unilateral form and without previous notice.

A. INTELLECTUAL PROPERTY

1. Author's copyright: All the contents, texts and images not contributed by our present users in our website are property of WHATATOP or of third from which rights of exploitation have been acquired, and are protected by the rights of Intellectual Property.

The user only has right to a deprived use deprived of them, without fortitude of lucre, and needs express authorization of WHATATOP and the holder of the image to modify them, to reproduce them, to exploit them, to distribute them or any right belonging to his holder.

WHATATOP is a registered trademark, and therefore is prohibited his reproduction, imitation, utilization or insertion of these marks without our due authorization.

The establishment of links to our portal does not award any right on the same one, and one authorizes to allow exclusively the access to our web, remaining prohibited in other pages the total or partial reproduction of the images and contents of our portal. Likewise, the simple fact of establishing a link to our web page does not give right to there be granted the category of collaborator or associate of WHATATOP.

The imitation of this website, be total or partial, is absolutely prohibited.

2. Sending of images: It is terminally prohibited the sending of images on which there are not shown the legitimate rights of intellectual property, and in consequence, the legitimacy of the rights of intellectual property corresponding to the images sent by the USERS are of his exclusive responsibility, remaining WHATATOP freed from the same one, for any type of claim on the sent images.

The user guarantees that he is a holder of all the rights of the sent images, or in his case, has the assent and permission of his holder, the free one or the onerous one, for his use in the terms expressed in the present general conditions of use, which WHATATOP needs for his publication in our portal.

In the assumption in which WHATATOP has doubts about the legality of any of the images, these will be pushed back, and consequently it saves itself the unilateral right for his not publication, without need of notice to the issuer of the image.

To the effects of preserving the rights of intellectual property of third, in case any person, user or not of our web page, thinks that there has taken place a violation of his legitimate rights of intellectual property for the publication of some image in our web, we ask him to notify it to us to whatateam@whatatop.com following the indications of our copyright policy. WHATATOP commits himself, as soon as the veracity of his claim was verified, to withdrawing it from the web page, and to warning of such a circumstance the issuer of the image.

As a general rule, WHATATOP will usually suppress of his portal all those images on which rights are claimed, communicating to the issuer the reasons of his suppression so that he should communicate to us his assertions, or in his case, get in touch with the claimant.

At the moment when the user sends to us an image, it is granting us the right and the license for his use, free of royalties, not exclusive and transferable to third, that authorizes us to use it, distribute it, show it and spread it, and incorporate it in other works for the targets of this web page. Also, it grants identical rights to the USERS of our portal, any time these are used in a non-profit way. The granting of these licenses, they will remain revoked with the simple retreat of the image of the web, remaining current, permanent and irrevocable the granted ones before his retreat, without detriment to the rights of intellectual property that it shows on the image.

WHATATOP does not guarantee any type of confidentiality in relation to the sent images. Also, it remains exonerated from any responsibility for the morality and legality on the content of the same ones, remaining expressly prohibited the mailing of minors' images, pornographic, inappropriate, offensive or with illegal contents. WHATATOP has the power of election on the suitability or not of the publication in his web of the images sent by the users, and consequently, does not have any obligation to publish them. Also, if WHATATOP thinks that some user damages any regulation, or it has an inappropriate conduct, we will be able to cancel unilaterally the account of the user.

Images will not be accepted with overprintings such as e-mail addresses, publicity or names or signatures of the authors, although yes they will be allowed overprintings of date and hour (as the proper ones of the digital cameras). Blurry, veiled, repeated images will not also be accepted, or that do not overcome a few minimal dimensions (645x500 pixels).

B. CONDITIONS OF ACCESS

The access to our website is free and it does not demand previous subscription or record. Nevertheless, for the mailing of images, it is necessary to register as USER, as well as we save ourselves the right to determine the use of certain services or contents to the satisfaction of economic counterservice. These services will remain properly identified in the Web, with easy indications to subscribe and/or to proceed to his credit.

The user must gain access to our website in accordance with the good faith, the norms of public order, to the present General Conditions of use, especially as for the treatment and mailing of images, and in the comments that it could insert along with the images. The access to our Web place is realized under the proper and exclusive responsibility of the user, who will answer in any case of the legal damages that it could cause to third or to us ourselves.

The user admits and accepts that the use of this portal is with strictly particular ends and without any fortitude of lucre. For that reason the commercialization of released images remains absolutely prohibited, except express authorization of his holder.

For the user, is expressly prohibited the use and securing of the services and contents offered on the present website, for procedures different from the stipulated ones in the present conditions of use, and in his case in the particular conditions that regulate the acquisition of certain services.

Bearing in mind the impossibility of control with regard to the information, contents and services that other websites contain to that it is possible to gain access across the linkage that our web page puts at his disposal, we communicate to tou that WHATATOP remains exempted from any responsibility for the legal damages of all kinds that could derive for the use of these web pages foreign to our company on the part of the user, to whom we recommend to read the legal notices that all the web sites regulate.

WHATATOP saves himself the unilateral right and without notice of decision of the publication of images in his portal, as well as to dismiss any USER that the organization understands that it has damaged the conditions that govern the use of our web page, without the USER has right to claim of no type for this type of actions.

WHATATOP saves himself the right to exercise the legal opportune actions against those USERS who damage the present general conditions of use, accepting the USER that not initiation of these actions does not constitute a formal resignation to same, remaining current these up to the period of prescription of the infractions.

C. PROTECTION OF PERSONAL INFORMATION

The Personal Information gathered across the forms of record or by means of the mailing of messages of e-mail, they will be an object of treatment and incorporated into the file of "USERS" of WHATATOP, holder and person in charge of the same ones. The above-mentioned mailing of the personal information constitutes the express assent to the treatment of the same ones, although of revocable character and without retroactive effects. The USER is the only one responsible for the accuracy and veracity of the personal contributed information.

Also, we guarantee him that his information will not be transferred to third under any concept, except in the cases legally due, and at the moment when he sends to us some image, his Nombre/Nick will be published in our portal.

His information will be treated by strict confidentiality, and adopting all the organizational necessary measurements of technical nature and to safeguard the safety of his personal information, as there demands the current Royal decree that regulates the regulation of safety measurements of the automated files that contain information of personal character. Also we inform him that all ours are inscribed legally in the General Record of Personal Information.

The purpose of the collection of information of personal character by means of the form of contact is that of proceeding to register it and to be able to take part in the votings of the images and be able to send to us the image that you choose, or across e-mail, to answer him his suggestions, requests or questions, as well as the maintenance of any relation with the USERS of our portal.

Also, he authorizes us to send his commercial informations, informative notes and other communications related to the activity of our portal.

The information that with posteriority you could provide across the system of voting of Whatatop.com will remain stored in an anonymous way, turning out to be impossible his affiliation with your person.

We think that if you do not cancel your personal information expressly of our files, you are interested in remaining incorporated into the same ones until WHATATOP considers it to be opportune and while it is adapted to the purpose by the one that was obtained. Nevertheless, by means of our portal, you have the possibility of cancelling them unilaterally.

The user remains, equally, informed about the possibility of exercising the rights of access, rectification, cancellation and opposition, in the terms established in the Organic Law of Protection of Information 15/1999, being able to go to the following direction: WHATATOP , C/ Caliza, nº 3, 1st D, 28032 Madrid.You can request us information or support for the request of rights in whatateam@whatatop.com.

This Web page uses cookies to facilitate the navigation in our web, and consequently, the user accepts the use of the same ones. The cookies allow to gather information to statistical effects: date of the first visit, number of times that have been visited, dates of the last visit, URL and domain from that it comes, used explorer and resolution of the screen. No obstante, el usuario si lo desea puede desactivar y/o eliminar estas cookies siguiendo las instrucciones de su navegador de Internet. En ningún caso, las cookies proporcionan datos personales del usuario.

D. COMMUNICATIONS

Bearing in mind of that the average only one of communication between WHATATOP and the USER is by means of the facilitated email address, we inform that we will use this way for all the communications with the USERS, included the commercial information or informative notes related to the purpose of our portal, and in consequence, in fulfillment of the article 21 of the Law of Services of the Society of the Information and electronic Trade, who prohibits the sending of commercial communications across the e-mail that before they have not been authorized expressly by the addresses of the same ones, we inform that the acceptance of the present conditions of use implies your authorization expressly to be sent by us commercial, advertising and promotional sending. Nevertheless, if you do not want to receive our commercial communications across the e-mail, you can request it of free form in the e-mail: whatateam@whatatop.com; indicating us your denial to receive commercial information of WHATATOP by means of e-mail.

E. RESPONSIBILITIES

On having put at the disposal of the user this website, we want to offer him the whole series of contents and quality services, using the maxim it deals in the service of the same ones as well as in the technological used means. Nevertheless, we will not answer of the presence of virus and other elements that somehow could damage the computer system of the user.

The user assumes the whole responsibility derived from the use of our web page, being the only one responsible for any direct or indirect effect that on the web page stems, including, of form enunciativa and not limitative, any adverse economic, technical and/or juridical result, as well as the fraud of the expectations generated by our portal, binding the user to support undamaged to WHATATOP for any derivative claims, directly or indirectly of such facts.

WHATATOP remains exonerated from responsibility for any claim with regard to the rights of intellectual property of the images published in his portal, as well as, does not guarantee the accuracy, veracity and validity of the contents of this web page, be already own, of third, or enlazables to others web sites, remaining completely exonerated from any responsibility derived from his use.

Also WHATATOP remains exonerated from any responsibility for the comments that could appear along with the released images, having to the issuer of the image abstain from inserting offensive texts, or that contain names identificativos of third persons.

The USER admits that it has understood all the information with regard to the conditions of use of our portal, and admits that they are sufficient for the exclusion of the error in the same ones, and therefore, accepts them integrately and expressly.

The USER realizes fully that the mere navigation for the present web page, as well as the use of his services, implies the acceptance of the present conditions of use.

Everything regarding our web page, it is ruled exclusively by the Spanish laws. In case there takes place any type of discrepancy or difference between the parts as regards the interpretation and content of the present web page, all the parts surrender, with express resignation to any other jurisdiction, to the Courts of Barcelona.

F. VALIDITY OF GENERAL CONDITIONS THE OF USED

The present General Conditions of Use have been established with date 07/02/2008. At any time we can proceed to its modification: please, verify the date of issue in every occasion in which you connect to our web page and this way you will have the certainty of which there has not taken place any modification that affects you.

For any question with regard to the Conditions of Use of our web page, you can put in touch with us in whatateam@whatatop.com, or with Auger & de la Mora Attorneys and Partners in the e-mail: info@augerdelamora.es









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