1. LEGAL NOTICE AND YOUR ACCEPTANCE.
In accordance with article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we make the following information available to you:
Otila Corp S.L. It is located at 336 Aragó St, Barcelona, Spain with NIF B67604355. Registered in the Mercantile Registry of Barcelona, Vol. 47289, Folio 188, Page 547457, Inscription 1.
This legal notice (hereinafter, "legal notice") regulates the use of the Internet portal service www.contactossex.com (hereinafter, the "portal") that is made available to Internet users.
The use of the "portal" attributes the condition of user of the portal (hereinafter, the "user") and implies full and unreserved acceptance of each and every one of the provisions included in this legal notice in the version published by the site at the moment the user accesses the portal.
Consequently, the user must carefully read the legal notice each time they intend to use the portal, as it may undergo modifications.
The use of certain services offered to users through the "portal" is subject to their own specific conditions specified on the site, which, depending on the case, replace, complete and / or modify this legal notice. In advance and as a condition for the use of said services, therefore, the user must also carefully read the corresponding particular
conditions. Therefore, its use implies total acceptance.
Likewise, the use of the "portal" is also subject to all notices, regulations of use and instructions made known to the user by the "portal", which complete the provisions of this legal notice as long as you do not oppose them.
2. SCOPE OF THE TERMS AND CONDITIONS.
These terms and conditions and the rules that complement them will only be applicable to the services and content provided by the "portal", and not to those that the user accesses through a hyperlink (link) located therein.
3. CONDITIONS OF ACCESS AND USE OF THE PORTAL.
The provision of services is, in principle, free for users. Notwithstanding the foregoing, some of the services provided and available on the "portal" may be subject to the payment of a price in the manner determined in each case. In any case, the provisions of the present apply equally to both one and others.
4. USER REGISTRATION.
In general, the provision of services requires the prior subscription or registration of users. The aforementioned registration will be carried out in the manner expressly indicated in the service itself or in the particular conditions that regulate it.
When registering in the "portal", the user will provide their true and complete personal data required in the "registration form". Likewise, the user undertakes to update them permanently.
Once the "registration form" has
been completed, the user must choose an account name and a password to access it that will be for personal use. The user is solely responsible for each and every one of the events that may occur with respect to the use of the password and must inform the "portal" of the unauthorized use of it.
5. VERACITY OF THE INFORMATION.
All information provided by the user through the services must be true. For these purposes, the users guarantee the authenticity of all the data that they communicate as a result of filling in the necessary forms to subscribe to the services. In the same way, it will be the responsibility of the user to keep all the information provided permanently updated so that it responds, at all times, to the real situation of the user. In any case, the user will be solely responsible for any false or inaccurate statements made and for the damages caused to the owners of the site or to third parties for the information provided.
6. SERVICE.
The "portal" has the power to disable and/or eliminate active users for any reason and without any prior notification.-
In the case of users who have paid services in advance, the "portal" must reimburse the amounts received corresponding to the time of the missing service.-
7. MINORS.
7.1. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
Although we are not subject to United States law, we voluntarily comply with the provisions of 18 U.S.C. § 2257 and its regulations.
All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were required to be over the age of eighteen (18) years at the time the visual image was
produced. Records required for all depictions of actual sexually explicit conduct by Title 18 U.S.C. 2257 and its related regulations are on file with the custodian of records set forth below and will be made available to authorized inspectors.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §§ 2257, 2257A and/or 28 C.F.R. § 75, because 1) they do not portray conduct as specifically listed in 18 U.S.C § 2256 (2)(A) (i) through (iv), 2)
they do not portray conduct as specifically listed in 18 U.S.C. § 2257A, 3) they do not portray conduct listed in 18 U.S.C. § 2256(2)(A)(v) produced after July 27, 2006, or 4) are otherwise exempt because the visual depictions were created prior to July 3, 1995.
The records required to be kept pursuant to the above referenced laws are kept by the following custodian of records:
Database Administrator - cuentas@contactossex.com
7.2. The use of the services by minors is prohibited. At all events, their parents, guardians or legal representatives will be held responsible for all acts carried out by the minors in their charge. Full responsibility in determining the specific content and services accessed by minors corresponds to the adults in whose charge they are. As the Internet and especially this portal makes it possible to access content that may not be appropriate for minors, users are informed that there are mechanisms, in particular filtering and blocking computer programs, that allow limiting the available content and, although they are not infallible, they are especially useful for controlling and restricting the materials that minors can access.
8. PARTICIPATION SERVICES.
The use of the services of the portal with participation such as: profiles, messages, instant messenger and/or chat, (hereinafter the services) implies the acceptance of each and every one of these terms and the terms and conditions established below , whose purpose is to preserve the quality of the service and which all participants undertake to respect and comply with.
The content of each message sent by the user of the service/s and the nicknames used by each user in the service/s
is the sole and exclusive civil and criminal responsibility of the person who sent and/or used it.
• The portal reserves the right to temporarily or definitively expel from the service/s without prior notice, anyone who does not respect these regulations or performs acts that violate the normal operation of the service/s.
• The portal reserves the right to interrupt or terminate your access to the services for any reason, at any time and without prior notice.
• It is not allowed to use vulgar/obscene, discriminatory and/or offensive language
• It is not allowed any type of personal attack against users of the services, through harassment, threats, insults, or in any other way
• It is not allowed to embarrass or do anything else unwanted to other participants of the services.
• Any act contrary to the laws, morals and good customs is prohibited.
• It is allowed to discuss the proposed
topic and those related to it
• It is not allowed to market, sell, and/or offer any kind of products or services
• The sale, assignment, either for consideration or free of charge, of the communication space of the services is prohibited.
• The use or sending viruses is prohibited, as well as the performance of any act that causes damage or harm. Likewise, any act that violates machine, network or email addresses, and that makes third parties
responsible for the action, is prohibited.
• Each participant is solely and exclusively responsible for the antivirus protection of their computer.
• Any act that violates the privacy of other users, destroys or corrupts personal data is prohibited.
• The publication of personal data without the consent of the person involved is prohibited
• It is prohibited to use the services for any activity that is lucrative for the user.
• The transmission or dissemination of child pornography, racist material or any other that violates the legislation in force in the country is strictly prohibited in the services. It is also not allowed to publish any other pornographic, obscene content or that may hurt the sensitivity of other users.
• The portal is in no way responsible for the destruction, alteration or elimination of the content or information that the participants include in their messages.
• All messages must be written solely and exclusively in Spanish, to guarantee the participation of all interested parties in the discussion. The use of other languages is not allowed, except in those cases in which the message in a foreign language is followed by a brief translation or description of it in Spanish. The portal reserves the right to eliminate those messages that do not respect the conditions set out above.
• The portal reserves the right to supervise the
service/s and the moderators reserve the right not to publish (or remove after being published) those contents proposed by users that do not strictly respond to the objectives of the services and the parameters established in these regulations and in the general regulations of contactossex.com.
• It is forbidden to directly or indirectly violate the intellectual property rights of any person, any copyright, trademarks, publicity rights, or other proprietary rights. The portal
will not be in any way responsible for said violation or for the consequences derived from it.
• Each participant is solely and exclusively responsible for their statements, sayings, opinions and any act they perform or omission in the message/s, messenger and/or chat as a result of the information or comments received on the service/s.
• It is prohibited to spread, expose or publish content that is defamatory, libelous, contrary to morals and good customs,
discriminatory, insulting, violating the intimacy or privacy or any other that violates the laws.
• Nicknames not used within three months from the day of registration will be automatically removed.
All participants expressly accept that the "portal" will not be responsible in any way for the content or information of the messages, opinions and comments of the participants of the services, as well as for damages, direct or indirect, incidental , special, consequential, loss of profits or any other that users of this service may suffer for the material, information or statements transmitted through it, as well as they will not be responsible for defamation, offense, insult, slander, threatening, obscene conduct discriminatory or illegal, damages and / or losses caused by users of this service, nor by the violation of intellectual rights, brand, publicity by any user, or any other damage for any other cause directly or indirectly related to the use of the services.
If you do not agree or are not satisfied with any of the terms and conditions of this regulation, do not enter or participate in the services of the "portal".
9. OBLIGATION TO MAKE A CORRECT USE OF THE PORTAL AND THE SERVICES.
The users agree to use the portal and the services in accordance with the law, this legal notice, the particular conditions of certain services and other notices, regulations of use and instructions made known to them, as well as with morals and good customs generally accepted and public order.
For this purpose, the user will refrain from using any of the services for illegal purposes or effects, prohibited in this legal notice, harmful to the rights and interests of third parties,
or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services, computer equipment or documents, files and all kinds of content stored on any computer equipment of the site or of other users or of any Internet user (hardware and software).
In particular, and merely indicative and not exhaustive, the user undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or
image files, photographs, recordings, software and, in general, any kind of material that:
(a) in any way is contrary, disparages or violates the fundamental rights, guarantees and freedoms recognized constitutionally, in international treaties and in the rest of the legislation;
(b) induces, incites or promotes criminal, degrading, defamatory, infamous, violent actions or, in general, contrary to the law, generally accepted morals and good customs or public order;
(c) induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
(d) incorporates, makes available or allows access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or to public order;
(e) induces or may induce an unacceptable state of anxiety or fear;
(f)
induces or incites to engage in dangerous, risky or harmful practices for health and mental balance;
(g) is false, ambiguous, inaccurate, exaggerated or untimely, in such a way that it induces or may induce an error about its object or about the intentions or purposes of the communicator;
(h) is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorization to
carry out the use they make or intend to make;
(i) violate the business secrets of third parties;
(j) is contrary to the right to honor, personal and family privacy or the image of people;
(k) in any way undermines the credit of the portal or third parties;
(l) infringes the regulations on secrecy of communications;
(m) constitutes, where appropriate, illicit, deceptive or unfair advertising and, in general, constitutes unfair competition;
(n) incorporates viruses or other physical or electronic elements that may damage or impede the normal operation of the network, the system or computer equipment (hardware and software) of the site or third parties or that may damage the electronic documents and files stored in said computer equipment;
(o) causes by its characteristics (such as format, extension, etc.) difficulties in the normal operation of the service;
(p) contains HTML tags other than those expressly
authorized by the site.
10. OBLIGATION TO MAKE A CORRECT USE OF THE CONTENTS.
The user agrees to use the content made available on the "portal", understanding by these, without this list being limiting, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual content or sound, as well as their graphic design and source codes (hereinafter, the "contents"), in accordance with the law, this legal notice, the particular conditions of certain services and other notices, use regulations and instructions brought to your attention, as
well as with generally accepted morals and good customs and public order, and, in particular, undertakes to refrain from:
(a) reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
(b) delete, manipulate or in any way alter the "copyright" and other identifying data of the reservation of rights of the site or
its owners, the fingerprints or any other technical means established for their recognition.
The user must refrain from obtaining and even attempting to obtain content using means or procedures other than those that, depending on the case, have been made available to them for this purpose or have been indicated for this purpose on the Web pages where the contents are located, or, in general, those that are habitually used on the Internet for this purpose as long as they do not entail
a risk of damage or disablement of the portal, the services and/or the contents.
11. USE OF THE SERVICES OFFERED ON THE PORTAL IN ACCORDANCE WITH THE ANTI-SPAMMING POLICY.
The user agrees to refrain from:
(i) collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without your prior request or consent,
(ii) send any other unsolicited or previously consented messages to a plurality of people,
(iii) send chains of electronic messages not requested or previously consented,
(iv) use distribution lists that can be accessed through the services to carry out the
activities indicated in sections (i) to (iii) above,
(v) make available to third parties, for any purpose, data captured from distribution lists.
Users or third parties harmed by the receipt of unsolicited messages addressed to a plurality of people may communicate this to the portal by sending a message to the following email account info@contactossex.com.
12. INTRODUCTION OF HYPERLINKS THAT ALLOW ACCESS TO THE WEB PAGES OF THE PORTAL AND THE SERVICES.
Users and, in general, those who intend to establish a hyperlink between their website and the portal (hereinafter, the "hyperlink") must meet the following conditions:
(a) the hyperlink will only allow access to the home-page or portal home page, but will not be able to reproduce them in any way;
(b) a frame will not be created on the portal's Web pages;
(c) no false, inaccurate or incorrect statements or indications will be made about the portal, its managers, its
employees, the portal's Web pages and the services provided and, in particular, it will not be declared or implied that the portal has authorized the hyperlink or who has supervised or assumed in any way the contents or services offered or made available to the website where the hyperlink is established;
(d) except for those signs that are part of the same hyperlink, the Web page on which the hyperlink is established will not contain any brand, commercial name, establishment label,
denomination, logo, slogan or other distinctive signs belonging to this holder; and
(e) the Web page on which the hyperlink is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content that is contrary to any third party rights.
The establishment of the hyperlink does not imply in any case the existence of relations between this portal and the owner of the Web page in
which it is established, nor the acceptance and approval by this portal of its contents or services.
13. PERSONAL AND NON-COMMERCIAL USE.
The services are provided only to individuals. Its use for commercial purposes is expressly prohibited.
14. OWNERSHIP OF CONTENTS.
The user claims to be the owner of the content that enters the "portal" as well as the image contained therein. In the event that the photograph and/or image are not owned by the user, the user expressly states that they possess all the rights duly granted by their owners for the purposes of insertion, request for printing, publication, etc., in the "portal".
The users who enters their photograph on the "portal" authorize it to enter it and grants it a license for its use, publication, dissemination and/or reproduction in any medium, for any purpose, in an unlimited and free manner. Likewise, they will allow the portrait to be altered and/or modified through special effects in the same media and with identical purposes. The users accept that the portraits belong to them and that there are no third party exclusive rights over them. Likewise, the intellectual property contents of the portal or of third parties cannot be understood to be transferred to the user, by virtue of the provisions of this legal notice, any of the exploitation rights that exist or may exist on said contents beyond what is strictly necessary for the correct use of the portal and services.
15. USE OF THE SERVICE. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES.
15.1. The user accepts and acknowledges that the "portal" does not control or supervise, nor does it assume responsibility for the veracity and accuracy of the data published by users on its website, nor for the use made of such data. The function of the portal is limited solely to providing the service for the user to publish their data, therefore it does not participate in any way of the use that may be made of these. The portal excludes any liability for damages of any kind that may be due to the lack of availability or continuity of the portal and the services, to the fraud of the utility that the users may have attributed to the portal and the services , to the fallibility of the portal and the services, and in particular, although not exclusively, to the failures in accessing the different Web pages of the portal or those from which the services are provided.
15.2. The "portal" does not guarantee the privacy and security of the use of the portal and the services and, in particular, does not guarantee that unauthorized third parties may not be aware of the class, conditions, characteristics and circumstances of the use that users make of the website, portal and services.
Any liability for damages of any kind that may be due to the knowledge that unauthorized third parties may have of the class, conditions, characteristics and circumstances
of the use that users make of the portal and services is excluded.
15.3. The "portal" does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in electronic documents and files stored in your computer system. Any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the contents that may cause alterations in the computer system, electronic documents or user files is excluded.
15.4. The "portal" does not guarantee the legality, reliability and usefulness of the contents.
Any liability for damages of any kind that may be due to the transmission, dissemination, storage, making available, reception, obtaining or access to the contents is excluded, and in particular, although not exclusively, for damages and losses that may be due to:
(a) breach of the law, morality and generally accepted good customs or public order as a consequence of the
transmission, diffusion, storage, making available, reception, obtaining or access to the contents;
(b) infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of people, property rights and of any other nature belonging to a third party as a consequence of the transmission, diffusion, storage, making available, reception, obtaining or access to the contents;
(c) the performance of acts of unfair competition and illegal advertising as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the content;
(d) the lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents;
(e) the inadequacy for any kind of purpose of and the defrauding of the expectations generated by the contents;
(f) non-compliance, delay in compliance, defective compliance or
termination for any reason of the obligations contracted by third parties and contracts made with third parties through or due to access to the contents;
(g) vices and defects of all kinds of content transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the portal or the services.
15.5. The "portal" does not guarantee the veracity, accuracy, completeness and timeliness of the content. Any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the contents is excluded.
15.6. The "portal" does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the portal that may cause alterations in your computer system (software and hardware) or in electronic documents and files stored in your computer system. Any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the services provided by third parties through the portal that may cause alterations in the computer system, electronic documents or files of the users is excluded.
15.7. The "portal" makes technical link devices available to users (such as, among others, links, banners, buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties ( hereinafter "linked sites"). The installation of these links, directories and search tools on the portal has the sole purpose of making it easier for users to search for and access the information, content and services available on the Internet.
The results
of the search tools are provided directly by third parties and are a consequence of the automatic functioning of technical mechanisms, so the portal cannot and does not control those results and, in particular, that among them appear Internet sites whose contents may be illegal, contrary to morality or good customs or considered inappropriate for other reasons. In the event that a user considers that any of the sites included in the search results contains illegal activity or information and
is interested in requesting the deletion of the link, they can start the procedure provided in the event of carrying out activities of illicit character in accordance with the seventh clause of this legal notice.
The portal does not offer or market by itself or through third parties the information, content and services available on the linked sites, nor does it previously control, approve, recommend, monitor or make them its own. The user, therefore, must exercise extreme caution in
the evaluation and use of the information, content and services existing on the linked sites.
15.8. The "portal" has no obligation to and does not control the use that users make of the portal, the services and the content. In particular, it is not guaranteed that users will use the portal, the services and the contents in accordance with this legal notice and with the particular conditions that may be applicable, nor that they will do so diligently and prudently. There is also no obligation to verify and does not verify the identity of the users, nor the veracity, validity,
completeness and / or authenticity of the data that users provide about themselves to other users.
Any liability for damages of any kind that may be due to the use of the services and content by users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that users provide to other users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party
carried out by a user in any kind of communication made through the portal, is excluded.
16. LIABILITY.
The user accepts and acknowledges that the "portal" will not be responsible, contractually or extra contractually, for any direct or indirect loss or damage, derived from the use of the service.
17. INDEMNITY.
The user assumes full responsibility against the "portal" and third parties for damages of all kinds that are generated as a result of the use of the service, and the user must indemnify and hold harmless the "portal" and third parties against any claim (including professional fees) that may correspond in the cases indicated.
18. MODIFICATION OF THE SERVICE OR OF THE TERMS AND CONDITIONS.
The "portal" reserves the right to modify the service, these terms and conditions and the rules that complement them, at any time and as many times as it deems appropriate, without the need to notify the user in advance. The "portal" advises the user and the user is obliged to periodically review the rules that regulate the service. The user may not hold contactossex.com or any third party responsible for the suspension or termination of the service.
19. THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
a. Use of the service is at your sole risk; b. The "portal" does not guarantee that the service is adequate for your needs; c. The service can be suspended or interrupted; d. The service may contain errors; e. The "portal" will not be responsible for any loss or damage, direct or indirect, including, without any limitation, damages caused by the loss or deterioration of information; f. The user is solely responsible for the content of the information that is transmitted through the service; g. The "portal" reserves the right to terminate the service.
20. PROCEDURE IN CASE OF CARRYING OUT ILLICIT ACTIVITIES.
In the event that any user or third party considers that there are facts or circumstances that reveal the illicit nature and/or violation of these terms and/or the use of any content and/or the performance of any activity on the Web pages included in or accessible through the portal, and, in particular, of the violation of intellectual or industrial property rights (patents, models and industrial drawings, trademarks and trade names, etc.) or other rights, you must send a notification to the portal as provided on the site under the heading "complaints".
21. NOTIFICATIONS.
All notifications and communications (hereinafter, the "notifications") by the user to the "portal" will be considered effective, for all purposes, when they are addressed to customer service in any of the following ways:
(a) sending email to the following address: info@contactossex.com
All notifications by the portal to the user will be considered effective for all purposes when they are made in any of the following ways:
(b) sending email when it has been
previously made known to the portal.
In this sense, all notifications made by the portal to the user will be considered validly made if they have been made using the data and through the aforementioned means. For these purposes, the users declare that all the data provided by them are true and correct, and undertake to notify the portal of all changes relating to the notification data.
22. DURATION AND TERMINATION.
The provision of the portal service and other services has, in principle, an indefinite duration. The portal, however, is authorized to terminate or suspend the provision of the service and/or any of the services at any time, without prejudice to what has been provided in this regard in the corresponding particular conditions. When reasonably possible, the portal will give prior notice of the termination or suspension of the provision of the service and other services.
23. APPLICABLE LEGISLATION AND JURISDICTION.
This legal notice is governed in each and every one of its extremes by the laws of the Spain.
The portal and the user, expressly waiving any other jurisdiction, submit to the courts and tribunals of the City of Barcelona. The use of the service is expressly prohibited in any jurisdiction where the conditions established herein cannot be applied. If the user uses the service and the contents of the portal, it means that they have read, understood and agreed to the rules set out above.
If they do not agree with them, they have the option of not using the service.