Universia Legal Notice
GENERAL TERMS AND CONDITIONS OF USE AND USER INFORMATION
Universia provides the various Universia Portals for use by Internet users free of charge (hereinafter, singularly, the PORTAL, and collectively, the PORTALS). Access to and use of its services and/or contents are governed by the provisions of these General Terms and Conditions (hereinafter, the GENERAL TERMS AND CONDITIONS).
1.- Purpose and Amendment of the terms and conditions. Definition of Universia Portals and the Organisations responsible for them.
Universia provides users (hereinafter, singularly, the USER, and collectively, the USERS) with the option to navigate, accessing the contents and services of the PORTALS, providing that they do so in accordance with the provisions of these GENERAL TERMS AND CONDITIONS.
In any case, Universia reserves the right to amend or cancel the content, structure, design, services and terms and conditions of access and/or use of this website, at any time and without the need to provide prior notice, if considered appropriate, and the right to interpret these terms and conditions in relation to any issues that may lead to their application.
The various PORTALS Universia provides for use by Internet users and the organisations that own and are responsible for them (collectively referred to within this document as UNIVERSIA OR THE UNIVERSIA companies) are as follows:
- www.universia.com.ar, owned by PORTAL UNIVERSIA ARGENTINA S.A., with registered office in Av. Alicia Moreau de Justo 1960, 1º Piso Oficina 103, Buenos Aires, Argentina and contact e-mail address info@universia.com.ar.
- www.universia.com.br, owned by UNIVERSIA BRASIL, S.A., with registered office in Rua Amador Bueno 474, Santo Amaro, Cep 04752-000 - São Paulo - SP Brazil and contact e-mail address redacao@universia.com.br.
- www.universia.cl, owned by UNIVERSIA CHILE, S.A., with registered office in Bandera 140, piso 9, Santiago de Chile, Chile and contact e-mail address webmastercl@soporte.universia.net.
- www.universia.net.co, owned by UNIVERSIA COLOMBIA, S.A., with registered office in Carrera 17 No. 116-39, Bogotá, Columbia and contact e-mail address serviciouniversiacol@mail.universia.net.
- www.universia.net.mx , UNIVERSIA MÉXICO, S.A. de C.V., with registered office in Blvd. Interlomas 15-2, San Fernando de La Herradura sección 1, Huixquilucan, Estado de México 52784, Mexico and contact e-mail address buzon@universia.net.mx.
- www.universia.edu.pe, owned by UNIVERSIA PERU, S.A., with registered office in Av. Canaval y Moreyra 340 , piso 6, San Isidro, Lima 27, Peru and contact e-mail address info@universia.edu.pe.
- www.universia.pt owned by PORTAL UNIVERSIA PORTUGAL PRESTAÇÃO DE SERVIÇOS INFORMÁTICOS, S.A., with registered office in Rua do Crucifixo nº 55 4º, Lisboa 1100-182, Portugal and contact e-mail address conteudos@universia.pt
- www.universia.pr, owned by UNIVERSIA PUERTO RICO, INC., with registered office in Ave.Arterial Hosto B Hato Rey, Puerto Rico, 00918, and contact e-mail address helpdesk@universia.pr
- www.universia.edu.uy, owned by UNIVERSIA URUGUAY, S.A., with registered office in Carlos Berg 2597, C.P. 11.300, Montevideo (Uruguay), and contact e-mail address webmaster_uy@universia.net
- www.universia.edu.ve, owned by SERVICIOS UNIVERSIA VENEZUELA, S.U.V., S.A., with registered office in Av. Libertador, Multicentro Empresarial del Este, Núcleo A, piso 7, Ofic. A73, Municipio Chacao 1060, Caracas, Venezuela and contact e-mail address info@universia.edu.ve.
- www.universia.ad, www.universia.com.bo, www.universia.cr, www.universia.com.ec, www.universia.com.sv, www.universia.es, www.universia.com.gt, www.universia.hn, www.universia.com.ni, , www.universia.com.pa, www.universia.com.py, www.universia.com.do, y www.universia.tv, owned by PORTAL UNIVERSIA, S.A., with VAT number A-82726639, registered in the Madrid Business Registry under Volume 15,717, Book 0, Folio 1, Section 8, Page: M-264916, Registration: 1st , with registered office in Avda. Cantabria s/n, Edificio Arrecife, Planta 00, Boadilla del Monte, Madrid, Spain, and contact e-mail address registro@universia.net
- www.universia.net, owned by and under the liability of UNIVERSIA HOLDING, S.L., with VAT number B-82976515, registered in the Madrid Business Registry under Volume 16,547, Book 0, Folio 103, Section 8, Page M-281891, Registration 1st, with registered office in Avda Cantabria s/n, Boadilla del Monte, Madrid, Spain, and contact e-mail address contacto@universia.net.
The above UNIVERSIA companies are solely and exclusively liable for the PORTALS that they manage and are not responsible for the management of the other PORTALS by their owners.
Likewise, the UNIVERSIA companies shall not be liable for each ESCUCHA UNIVERSIA SUBPORTAL, areas of their PORTALS or websites linked from the portals that are managed by third parties or other UNIVERSIA companies.
2.- Requirements for access and use of the Portal services and contents.
Some of the PORTAL services may only be used by registered USERS.
On the other hand, some of the PORTAL contents and services are not accessible without prior payment of the corresponding value or amount, if applicable, pursuant to their specific Terms and Conditions.
Access to and/or use of the PORTALS is entirely voluntary and confers the status of USER on whomever does so. Upon access, all USERS, regardless of whether or not they are registered in any of the PORTALS, accept, without limitation or qualification, the content of these GENERAL TERMS AND CONDITIONS and, if applicable, any "Specific Terms and Conditions" that may supplement, replace or amend these General Terms and Conditions in any respect in relation the services and contents of the PORTALS. As a result, USERS must read all the terms and conditions carefully before accessing and using any PORTAL service, entirely under their own responsibility.
In any case, the UNIVERSIA companies reserve the right, at any time and without the need to provide prior notice, to deny access to their PORTALS or deactivate or delete any registered USERS that fail to comply with these GENERAL TERMS AND CONDITIONS or any specific terms and conditions that may apply, pursuant to the provisions of section 11 - Loss of user status - of these GENERAL TERMS AND CONDITIONS.
3.- General Principles - User Responsibility Sending sales information.
The USER undertakes to use the services and contents that the Portals provide in accordance with the applicable legislation in force, as set out in clause 13 of these GENERAL TERMS AND CONDITIONS, the principles of good faith and generally accepted behaviour and not to violate public order or the provisions of these GENERAL TERMS AND CONDITIONS through his/her conduct in using the PORTALS. Any use for illicit purposes or that may impair or prevent, damage and/or overload, in any way, the use and normal operation of the PORTALS, or that may directly or indirectly threaten the Portals or any third party are strictly prohibited.
The USERS of any of the PORTALS shall not send, using the services, tools, utilities, assessments or comments on the contents of the PORTALS, anything that may be damaging to the values and dignity of any person or persons, pursuant to the national and international laws on the protection of human rights.
The USERS of any of the PORTALS undertake to provide true and accurate information about themselves on their registration forms and to provide an e-mail address registered in their own name as the external e-mail address.
Likewise, the copying, distribution, transmission, adaptation or amendment of the contents, in any form or by any means, of the Web contents of the PORTALS (texts, designs, graphics, information, databases, sound and/or image files, logos and any other elements on these sites), is strictly prohibited, unless authorised in advance by their legitimate owners or when it is permitted by law, without prejudice the provisions of the special terms and conditions of use of the portal www.universia.tv and the special terms and conditions of use of www.escucha.universia.es set forth in section 10 Specific conditions of use of Escucha Universia.
From the moment of registration in any of the PORTALS and in accordance with the provisions of their Privacy Policy, the USER authorises the UNIVERSIA company that owns the PORTAL in which he/she has registered to send him/her its own sales information and that of third parties by e-mail, text message or any other equivalent means of electronic communication. Said authorisation is directly related to the creation and maintenance of the contractual relationship established with the USER by registering in any of the PORTALS. Therefore, in the event that he or she should not wish to receive this kind of information, the USER may withdraw his/her consent at any time by following the procedure indicated in the sales communications themselves, thus bringing about the cancellation or deactivation of the UNIVERSIA registration, or by directly deleting or deactivating his or her UNIVERSIA USER status by using the form for such purpose. For any doubts regarding said procedure, the USER may inquire by e-mail, by writing to the contact e-mail address of the PORTAL in which the USER is registered (the contact e-mail addresses are provided in section 1 - Purpose and Amendment of the terms and conditions. Definition of Universia Portals and the Organisations responsible for them).
As regards the contents described above, their use for any business or advertising purpose other than that which is strictly permitted, if applicable, and the violation of any rights arising from said content is likewise prohibited.
4.- Conditions to be complied with by users that wish to set up a hyperlink between their websites and the PORTALS
The reproduction of PORTAL sites by means of hyperlinks from other portals or websites is prohibited; only access to the PORTAL sites is permitted.
In no event may it be deemed that UNIVERSIA authorises the hyperlink or that it supervised or undertook, in any way, the services or contents provided by the website to which the hyperlink is created.
The making of false, incorrect or inaccurate statements or references on the UNIVERSIA websites and services is prohibited.
The website from which the hyperlink is set up may not bear any banner or mark that refers to the PORTALS, except the distinctive marks included in the hyperlink itself.
The creation of any kind of navigator, program, browser or border environment on the PORTAL websites is expressly prohibited.
The inclusion of any contents that violate the rights of third parties, are immoral or likely to cause offence, or of illicit content or information in the website with which the hyperlink is set up is strictly prohibited.
The existence of a hyperlink between the website and the PORTALS does not imply the existence of relations between UNIVERSIA and the owner of said website, nor the acceptance or approval of its contents and services.
5.- USER Responsibility. Use of the Universia social network. Adding comments to blogs and forums. Use of e-mail and security measures.
5.1.- User responsibility.
The USER accepts sole responsibility for the use of any of the PORTALS and for compliance with these GENERAL TERMS AND CONDITIONS in their entirety. As a result, the USER undertakes to keep secret his/her access codes, passwords or other similar data assigned in order to access any of the PORTALS or any of their services, regarding them as private and confidential. Likewise the USER accepts liability for any damages of any nature arising from his or her own improper use of the PORTALS or their services or improper use by third parties, affecting both the USER, considering the damages that the USER may suffer as a result of his/her negligence, and any damages that UNIVERSIA may sustain as a result of failure to comply with these GENERAL TERMS AND CONDITIONS.
5.2.- Use of the Universia social network.
Using the UNIVERSIA social network services (hereinafter, the Universia Network, or simply, the Network) that the PORTALS provide to their USERS, the USER may share information, communicate and connect with friends and new contacts on the various PORTALS that make up the Universia Network.
As regards the use of said Network services, the USER undertakes the following obligations:
a) The USER shall use the Network services for personal use and never for financial or business purposes, unless authorised in advance by UNIVERSIA.
b) The USER shall not provide false personal information on the Network and shall have sole responsibility for the correct and truthful provision of his/her personal data.
c) The USER shall not create any accounts under a false profile, nor impersonate others without their authorisation.
d) The USER undertakes to use the Network and its contents in a reasonable manner.
e) The USER undertakes to ensure that any contents that he/she may publish on the Network do not violate the regulations in force, intellectual property rights, contract rights or any other rights that any individual or public or private legal entity may hold.
f) The USER shall not host, store, divulge or publish any contents, images or opinions that may be harmful, offensive or intimidating for other users, that violate fundamental rights regarding personal honour and reputation, the image and the personal privacy of others and their families or any other applicable regulations; or that are illicit or illegal, or that are in bad faith, immoral or threaten public order, including but not limited to contents that are offensive, incite racism, intolerance of any person or group of persons, obscene, pornographic or that promote false, defamatory or slanderous information.
g) The USER shall not use the Network service in order to acquire or collect contact information of other USERS in order to send them unsolicited communications and/or information.
h) The USER shall not use the Network in order to send publications, sales information, illicit, immoral or promotional offers, or to send unsolicited mass and/or repetitive e-mails (spam) to USERS.
UNIVERSIA shall not be liable, under any circumstances, for the improper use of the Network and its contents. The USER accepts sole liability for any damages that may arise from his/her improper use of the Network and its contents or breach of the provisions of these terms and conditions. The USER undertakes to hold harmless the UNIVERSIA companies from claims or penalties that the USER may receive from individuals or public or private entities owing to said violations, and from damages of any kind that may be sustained as a result of said violations.
The UNIVERSIA companies may withdraw any content or information published on the Network if they deem that it violates these USER obligations or if UNIVERSIA receives a complaint from a third party for violations of these terms and conditions or because it may be damaging to the latter.
The UNIVERSIA companies reserve the right to suspend and/or cancel the USERs account in their respective PORTALS, without the need to provide prior notice and without any compensation whatsoever, if they deem, on a discretionary basis, that there has been any serious breach of these terms and conditions of use of the Network by the USER.
5.3.- Adding comments to blogs and forums.
As regards adding comments to the blogs and forums on the PORTALS, the USER undertakes not to add comments that may be offensive, defamatory, damaging or slanderous to third parties, immoral, a threat to public order or the dignity of any person or persons, or that may be illicit or illegal or cause damage to third parties in any other way.
The UNIVERSIA companies reserve the right to withdraw immediately from the blogs and forums on their respective PORTALS, without prior warning, any comments that in their opinion do not comply with the provisions of the paragraph above.
5.4.- Use of e-mail and security measures.
As regards the use of the e-mail service, if this service is available on any of the PORTALS, the USER undertakes to use his/her UNIVERSIA e-mail account exclusively for private and non-profit purposes. The use of the PORTAL e-mail accounts for professional, sales or business purposes (such as the designation of this account as the contact address for activities of this kind), in order to send spam or for illegal, fraudulent, abusive or dishonest activities is expressly prohibited. UNIVERSIA shall have the right to cancel e-mail accounts should it suspect that they are used to perform any of the aforementioned activities and deactivate the USERS that hold the accounts in question.
In compliance with the provisions of the regulations in force, UNIVERSIA informs USERS that the e-mail service in the PORTALS that offer it has the following security measures: hosting on high-availability servers, antispam, antivirus, firewall and load balancing systems and password-only access for the technicians responsible for their maintenance.
Any violation of these GENERAL TERMS AND CONDITIONS may give rise to the applicable civil or criminal legal or out-of-court proceedings against the user, who shall hold harmless UNIVERSIA from any claims, legal action or damages that may be sustained as a result of said violation.
6.- Legal Disclaimer
UNIVERSIA does not guarantee or accept legal responsibility, in any case or circumstance, for the following situations and contents, or for any damages that may arise as a result of:
Lack of availability, continuity, access, maintenance and effective operation of the PORTALS and/or their services and updating, accuracy, exhaustiveness, relevance, interest and reliability of their contents, for any reason whatsoever and regardless of the difficulties or problems of a technical or other nature that may be the cause of said situations.
The transmission and/or existence of viruses, other elements or programs that are harmful to the USERS equipment that may affect them as a result of access, use or visiting of the website, or that cause changes in their electronic documents or files.
The illicit, negligent or fraudulent use or use impersonating others or violating the content of these GENERAL TERMS AND CONDITIONS, good faith, generally accepted behaviour or public order, of the PORTALS, their contents and services by the USERS.
With the exception of those marks that make up part of the hyperlink itself, the website in which the hyperlink is set up shall not contain any trademark, trade name, sign, name, logo, slogan or other distinctive marks belonging to UNIVERSIA.
Breaches or violations of the laws, customs or practices in force regarding intellectual property rights, industrial property rights, trade or contract secrets, or third party rights to privacy, honour and reputation, image, property, publicity or competition, among others.
Faults or defects in the contents and/or services accessed through the PORTALS.
Reception, storing, obtaining, distribution or transmission of the contents of the PORTALS by the USERS.
The knowledge of any information that unauthorised third parties may possess or use on the features and circumstances of use of the contents and services of the PORTALS by the USERS.
Failure of third parties to comply with their obligations or guarantees arising from or agreed by contract in relation to the services provided to the USERS through the PORTALS, or the lack of quality, reliability, fulfilment of commitments, usefulness or availability of the services provided by third parties and made available to the USERS on said websites.
The above list is intended as an example only and under no circumstances should any of the points be regarded as exclusive or exclusionary. In all cases, UNIVERSIA EXCLUDES ALL LIABILITY FOR DAMAGES OF ANY NATURE ARISNG DIRECTLY OR INDIRECTLY FROM THE SITUATIONS DESCRIBED ABOVE OR FROM ANY OTHER SITUATIONS WITH SIMILAR CHARACTERISTICS NOT SPECIFIED ABOVE.
7.- Links
The contents of the PORTALS include links to sites belonging to and/or managed by third parties in order to provide access to information and services available on the Internet.
UNIVERSIA does not accept any responsibility arising from the existence of links within the contents of the PORTALS and contents located outside of the PORTALS or any other mention of contents outside this site. Said links or mentions are provided for information purposes only and in no case imply the support, approval, sale or any relationship whatsoever between UNIVERSIA and the persons or entities that publish and/or manage the contents or owners of the sites where they are published, or any guarantee by UNIVERSIA of the proper functioning of the linked sites or contents.
In this regard, the USER undertakes to employ the utmost care and prudence in the event of accessing or using the contents or services of any sites accessed by means of the aforementioned links.
8.- Intellectual and Industrial Property Rights
The texts, designs, images, databases, logos, structure, trademarks and all other elements of the PORTALS are protected by international law and agreements on intellectual and industrial property. Any reproduction, transmission, adaptation, translation, amendment, communication to the public or any other use for profit of all or part of the content of this site, performed in any form or by any means, be it electronic, mechanical or otherwise, is strictly prohibited without the prior written authorisation of UNIVERSIA. Any violation of said rights may give rise to the applicable civil or criminal legal or out-of-court proceedings.
UNIVERSIA does grant any permission or authorisation of any kind to use the intellectual and industrial property rights or any other property or right relating to the PORTALS or their services or contents.
The legitimacy of the intellectual or industrial property rights relating to the contents contributed by third parties is the exclusive responsibility of said third parties.
In order to protect any intellectual property rights, in the event that any USER or third party deems that their legitimate rights have been violated by the placing of specific content on the PORTALS, the USER or third party must provide written notification of the situation to the UNIVERSIA company that owns the PORTAL where the violation of rights took place, indicating:
Personal data identifying the interested party that owns the rights allegedly violated. If the claim is submitted by a person other than the interested party, the capacity in which he or she is acting should be indicated.
Indication of the contents protected by the intellectual property rights and their location on the PORTALS.
Proof of existence, ownership and validity of the aforementioned intellectual property rights.
Declaration in which the interested party expressly takes responsibility for the truth of the data and information provided in the notification referred to in this point.
9.- Specific conditions of use of the www.universia.tv portal
Through the portal www.universia.tv (hereinafter, UNIVERSIA.TV), the USER may view and download - in the latter case, providing that the USER is registered -, the videos and podcasts provided on the portal (hereinafter, the PODCASTS).
The viewing, listening to and/or download of the PODCASTS shall be governed by the rules below, which the USER accepts and undertakes to respect upon registering in any of the PORTALS and accessing and/or using the services of UNIVERSIA.TV:
The USER may only use and assign the PODCASTS that he/she views, listens to or downloads through UNIVERSIA.TV for private and non-profit use.
As a result, in no event may the USER use for profit, distribute, broadcast publicly or transform the PODCASTS in any way, or reproduce or use in any other way than the simple download of the PODCASTS and their private viewing and/or listening on the Users computer or portable audio player, unless UNIVERSIA.TV offers the option to its USERS to place links to PODCASTS through the URL and the HTML code of each one that is available on UNIVERSIA. TV.
In any case, any use of the PODCASTS for profit by the USER is expressly prohibited.
Without prejudice to the provisions of section 6 Legal Disclaimer of these terms and conditions:
o UNIVERSIA shall not be liable for the lack of availability, malfunction, lack of accessibility from or to equipment or for the lack of productivity that the PODCASTS downloaded from UNIVERSIA.TV may cause, particularly if owing to improper use or tampering by the USER.
o UNIVERSIA shall not be liable for the technical availability, quality, reliability, accuracy and/or veracity of the information, elements and/or contents of the PODCASTS, or for any legal violations and/or breaches of rights of third parties that may arise from their contents.
UNIVERSIA shall not be liable, under any circumstances, for the improper use of the contents of the PODCASTS. The USER accepts sole liability for any damages that may arise from the improper use of the Network and its contents or breach of the provisions of these terms and conditions.
10.- Specific conditions for the use of the Escucha Universia subportals.
Within the PORTALS, UNIVERSIA provides Internet users with the Escucha Universia subportals (hereinafter, collectively, ESCUCHA UNIVERSIA or, any one of them individually, ESCUCHA UNIVERSIA SUBPORTAL).
Through ESCUCHA UNIVERSIA, the USER may view, listen to or download - in the latter case, providing that the USER is registered and for songs authorised by their writers - the songs and videos provided for ESCUCHA UNIVERSIA USERS (hereinafter, the CONTENTS), and upload their own contents, providing that they are registered.
In order to register in ESCUCHA UNIVERSIA and use the services for registered users only, the USER must be registered in a UNIVERSIA PORTAL to which the ESCUCHA UNIVERSIA SUBPORTAL belongs, in which the USER wishes to register and whose services he/she wishes to use.
The viewing, listening to, downloading and/or uploading of ESCUCHA UNIVERSIA CONTENTS is governed by the rules below, which the USER accepts and undertakes to respect upon accessing and/or using the ESCUCHA UNIVERSIA services and/or registering in the PORTALS and ESCUCHA UNIVERSIA.
10.1. USER guarantees and obligations in uploading contents to ESCUCHA UNIVERSIA.
Any USER that uploads CONTENTS to ESCUCHA UNIVERSIA accepts and takes on the guarantees, representations, obligations and regulations indicated below.
The USER guarantees that he/she is the legal owner of all the CONTENTS that he/she uploads or that he/she has the right to perform the upload and their distribution, reproduction or publication through ESCUCHA UNIVERSIA.
The USER guarantees that the uploading and publication of the CONTENTS to ESCUCHA UNIVERSIA does not violate the regulations in force applicable to the ESCUCHA UNIVERSIA SUBPORTAL to which the upload is performed, in compliance with the provisions of clause 13 of these terms and conditions, or rights to publicity, intellectual property, copyright, contract rights or any other right of any public or private individual or legal entity.
The USER accepts sole responsibility for ensuring that the CONTENTS comply with the laws regarding data protection, intellectual or industrial property, protection of privacy and image rights or any other applicable law. The USER thus expressly assures UNIVERSIA that he/she has the prior consent of any persons whose images or other personal data are divulged through the CONTENTS or whose rights are affected by their publication and reproduction in ESCUCHA UNIVERSIA.
The publication of any CONTENTS that are illicit or illegal, or that are in bad faith or threaten public order, including but not limited to CONTENTS that: are offensive, incite racism, intolerance of any person or group of persons, violently exploit persons, contain excessive violence or are offensive to a group of people or for USERS; publish information that entail a risk to the privacy or safety of any person; provide false, defamatory or slanderous information or encourage illegal activity; constitute an illegal or unauthorised copy of the work of third parties protected by intellectual property rights, copyright or in any other way. Specifically, no pirated music files or files that entail business activities and/or promotion of sales or subscription to products, that contain viruses, worms, Trojan horses, robots or any other code, file or program that interrupts, destroys or limits the functions of any software or hardware or that enables or permits the unauthorised use of the computers of others are permitted.
Upon uploading CONTENTS to ESCUCHA UNIVERSIA, the USER grants UNIVERSIA free and non-exclusive permission and authorisation to show, communicate and reproduce them publicly through ESCUCHA UNIVERSIA. Likewise, in the event of opting to allow the CONTENTS to be downloaded by ESCUCHA UNIVERSIA USERS, it shall be deemed that the USER grants permission and authorisation to UNIVERSIA, free of charge, to allow ESCUCHA UNIVERSIA USERS to download the CONTENTS exclusively for private and non-profit use.
UNIVERSIA shall not be liable under any circumstances for legal or contractual violations or of any other kind that may arise from the CONTENTS, their uploading on ESCUCHA UNIVERSIA or their distribution, communication, downloading or reproduction through ESCUCHA UNIVERSIA. The USER shall have sole responsibility for any such violations and any damages that they may give rise to, undertaking to hold harmless UNIVERSIA from any claims that it may receive from third parties, from individuals or private or public entities, owing to said violations and from damages of any kind that may be sustained as a result of said claims. Likewise, UNIVERSIA shall not accept liability, under any circumstances, to any USER that uploads CONTENTS and authorises their download by ESCUCHA UNIVERSIA USERS for damages that the USER may sustain as a result of use of said contents by ESCUCHA UNIVERSIA USERS that is contrary to the provisions of these GENERAL TERMS AND CONDITIONS or that is improper, contrary to the applicable regulations or may cause damage to the USER.
UNIVERSIA reserves the right to withdraw immediately from ESCUCHA UNIVERSIA, without the need to provide prior notice and with no liability whatsoever for UNIVERSIA, the CONTENTS uploaded by the USER, in the following cases: (i) If the USER fails to comply with the obligations, regulations or guarantees established in this section 10.1., or any of the expressly prohibited actions are applicable to the CONTENTS; (ii) if UNIVERSIA receives any claims from third parties for CONTENTS that violate any third party rights or the applicable regulations.
10.2. Visibility and public communication of data in Escucha Universia. Visibility of data and contents on all the Escucha Universia Portals.
Registration of the USER and USER participation in any of the ESCUCHA UNIVERSIA portals, entails the express acceptance of the USER that the data indicated below shall be visible in all the PORTALS of the ESCUCHA UNIVERSIA music social network (indicated below), as all visitors and users shall be able to access said data.
The USER data that will be visible in all the portals of the ESCUCHA UNIVERSIA music social network are as follows:
- USER name, name, surname and age (compulsory data to allow registration).
- Length of time registered.
- The Users town, if provided in Your Profile in the www.escucha.universia portal where the USER is registered.
- The Users nº of favourites, favourite genres, Myspace, personal Web page, description, groups, your favourites, agenda and image gallery, if these data are provided or CONTENTS in the Your Profile section in the www.escucha.universia portal where the USER is registered.
- The CONTENTS and information (description, members, images, videos, blogs, etc.) of the group that the User creates in the www.escucha.universia portal where the USER is registered.
The portals that make up the ESCUCHA UNIVERSIA music social network, in which the above USER data will be visible, as described above, are as follows:
http://escucha.universia.com.ad/
http://escucha.universia.com.ar/
http://escucha.universia.com.bo
http://escucha.universia.com.br/
http://escucha.universia.cl/
http://escucha.universia.cr/
http://escucha.universia.net.co/
http://escucha.universia.com.ec/
http://escucha.universia.com.sv/
http://escucha.universia.es/
http://escucha.universia.com.gt
http://escucha.universia.hn
http://escucha.universia.net.mx/
http://escucha.universia.com.ni
http://escucha.universia.com.pa/
http://escucha.universia.com.py/
http://escucha.universia.edu.pe/
http://ouve.universia.pt/
http://escucha.universia.pr/
http://escucha.universia.com.do/
http://escucha.universia.edu.uy/
http://escucha.universia.edu.ve/
The USER therefore provides his/her consent, pursuant to the operational regulations of ESCUCHA UNIVERSIA, to allow the CONTENTS uploaded to the ESCUCHA UNIVERSIA portals, to be seen not only in the portal in which it has been uploaded, but also in the other ESCUCHA UNIVERSIA portals in the other countries of the UNIVERSIA Network, listed above, without the communication of personal data between the organisations responsible for them.
Said visibility of data and CONTENTS uploaded to any ESCUCHA UNIVERSIA portal makes up part of the function of ESCUCHA UNIVERSIA, as a music social network, therefore, if the USER does not agree with this condition, he/she may not register in ESCUCHA UNIVERSIA.
10.3. Viewing, listening to and/or downloading contents.
The viewing, listening to and/or download of the CONTENTS shall be governed by the rules below, which the USER accepts and undertakes to respect upon registering in the PORTALS:
The USER may only use and assign the CONTENTS that he/she views, listens to or downloads through ESCUCHA UNIVERSIA for private and non-profit use.
As a result, in no event may the USER use for profit, distribute, communicate, reproduce publicly or transform any of the CONTENTS nor copy or use the CONTENTS other than for their simple download and private viewing and/or listening.
Hence any use of the CONTENTS for profit by the USER is expressly prohibited.
10.4. Creation of music groups and management of their members on ESCUCHA UNIVERSIA.
Any USER registered in ESCUCHA UNIVERSIA may create music groups and manage their members, which must be performed in accordance with the following rules:
Once a music group has been created by a registered USER, new members can be included by sending them an e-mail invitation using the ESCUCHA UNIVERSIA tool set up for this purpose, which will require the provision of the invitees e-mail, name and surname. Said e-mail shall be regarded as an e-mail sent by the registered USER using the tool that this portal provides.
In the event that the invitee is already a registered USER of the ESCUCHA UNIVERSIA SUBPORTAL when he/she receives the invitation, the invitee shall be included in the group automatically as soon as the invitation is accepted.
In the event that the invitee is not a registered USER of ESCUCHA UNIVERSIA, regardless of whether the invitee is a registered USER of UNIVERSIA, the invitee may only be included in the group subject to registration in ESCUCHA UNIVERSIA and the USER creating the group inviting him/her again once the invitee has registered in the portal.
The members included in the music group can perform all the actions that ESCUCHA UNIVERSIA allows with music groups, hence they will have the right to add new members, which may in turn include further new members and so on. Furthermore, any active member of the group may add or cancel all its contents (description, albums, songs, videos, images, blog entries and the group agenda); as well as cancelling all the CONTENTS uploaded and even deactivate and cancel the group from the community.
10.5. Deactivation of registered users in ESCUCHA UNIVERSIA
Deactivation of registered USERS in ESCUCHA UNIVERSIA shall be governed by the following rules:
In the event of the deactivation of a registered USER in an ESCUCHA UNIVERSIA SUBPORTAL, any CONTENTS that the USER may have uploaded to the Portal will be cancelled, with the exception of those contents uploaded to any music group that the USER may have created or of which the USER was a member, which will remain uploaded on the portal as long as the music groups continue to have active members.
Voluntary deactivation by a USER registered in any ESCUCHA UNIVERSIA SUBPORTAL does not entail the loss of registered USER status in the respective UNIVERSIA PORTAL, hence Users will also have to deactivate their registration in the deactivation area of portal in question.
Given that registration in ESCUCHA UNIVERSIA is subject to being a registered USER of UNIVERSIA, the loss of UNIVERSIA USER status shall also entail deactivation in ESCUCHA UNIVERSIA, and the deletion of any CONTENTS that the USER may have uploaded in said social network. Said deactivation shall not affect the CONTENTS relating to any music groups that the USER may have created or been a member, which shall remain uploaded on the PORTAL as long as the music groups in question have active members.
10.6. Other rules of use of ESCUCHA UNIVERSIA.
Without prejudice to the provisions of section 5 Legal Disclaimer of these terms and conditions:
UNIVERSIA shall not be liable, under any circumstances, to any ESCUCHA UNIVERSIA USER, be it a registered USER with CONTENTS uploaded to ESCUCHA UNIVERSIA or a simple user or visitor, for the lack of availability, malfunction, lack of accessibility from or to equipment to CONTENTS or for the lack of productivity that the CONTENTS may cause if downloaded from ESCUCHA UNIVERSIA, particularly if owing to improper use or tampering by the USER.
UNIVERSIA shall not be liable to any USER, whether or not that USER has contents uploaded in ESCUCHA UNIVERSIA, or to any third party, for the technical availability, quality, reliability, accuracy and/or veracity of the information, elements and/or contents, or for any legal violations and/or breaches of rights of third parties that may arise from the CONTENTS.
UNIVERSIA shall not be liable, under any circumstances, for the improper use of the CONTENTS. The USER accepts sole liability for any damages that may arise from his/her improper use of the Network and its contents or breach of the provisions of these terms and conditions.
11.- Loss of user status
The registered USER may deactivate his/her registration in the PORTAL in which the USER is registered, thus losing the status of user and the rights and data associated with the account, freely and at any time, simply by completing the deactivation form in the user deactivation area of the PORTAL in which the user is registered.
The UNIVERSIA companies may also deactivate USERS registered in their PORTALS, terminating the relations established between them and causing the latter to lose any rights arising from his/her USER status and the data associated with his/her account on the PORTALS in the following cases:
If the USER fails to comply with any of these GENERAL TERMS AND CONDITIONS.
If the provision of services of the PORTALS or any one of the PORTALS cease to be a viable business, in the opinion of UNIVERSIA or the respective UNIVERSIA company.
The loss of USER status does not exclude the application of these terms and conditions, which shall continue to apply for issues or claims that may arise between UNIVERSIA and the USER once user status has been lost.
The provisions of the above paragraphs are without prejudice to the terms and conditions stipulated in section 10.5 above on deactivations in ESCUCHA UNIVERSIA,
12.- Use of cookies
In certain cases, the PORTALS use small data files known as "Cookies", which are generated in the computer of the USER and permit the following information to be obtained:
Date and time of the last time the USER visited the Website.
Design of the CONTENTS that the USER selected during his/her first visit to the Website.
Security elements involved in controlled access to the restricted areas.
Cookies generally have a limited duration. No Cookies allow UNIVERSIA or other USERS to obtain the telephone number or e-mail address of the USER or any other personal contact information, unless the USER provides said data. No Cookies can extract information from the hard drive of the USER or enable the theft of personal information. The only way that a USERs private information can make up part of Cookie file is for the USER to personally provide such information to the server.
The USER has the option to prevent the generation of Cookies by selecting the corresponding option in his/her browser, although the deactivation of this option can prevent the proper function of the website in certain cases.
13.- Applicable Law and Jurisdiction.
These GENERAL TERMS AND CONDITIONS and access and/or use of the services and contents of the PORTALS and any issues that may arise as a result are subject to the following laws and jurisdictions:
- www.universia.com.ar: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Argentinean law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA ARGENTINA, S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Buenos Aires (Argentina).
- www.universia.com.br: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Brazilian law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA BRASIL, S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of São Paulo (Brazil).
- www.universia.cl: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Chilean law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA CHILE, S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Santiago de Chile (Chile).
- www.universia.edu.pe: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Peruvian law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA PERU, S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Lima (Peru).
- www.universia.net.co: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Columbian law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA COLOMBIA, S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Bogotá (Columbia).
- www.universia.net.mx: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Mexican law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA MÉXICO, S.A. de C.V. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Mexico City (Mexico).
- www.universia.pt: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Portuguese law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA PORTUGAL ? PRESTAÇÃO DE SERVIÇOS INFORMÁTICOS, S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Lisbon (Portugal).
- www.universia.pr: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Puerto Rican law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA PUERTO RICO, INC. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of San Juan (Puerto Rico).
- www.universia.edu.uy: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Uruguayan law. For any issues that may arise or legal action brought arising from the management of this PORTAL for UNIVERSIA URUGUAY, S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Santiago de Montevideo (Uruguay).
- www.universia.edu.ve: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Venezuelan law. For any issues that may arise or legal action brought arising from the management of this PORTAL for SERVICIOS UNIVERSIA VENEZUELA, S.U.V., S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of the Bolivarian Republic of Venezuela.
- www.universia.ad, www.universia.com.bo, www.universia.cr, www.universia.com.ec, www.universia.com.sv, www.universia.es, www.universia.com.gt, www.universia.hn, www.universia.com.ni, , www.universia.com.pa, www.universia.com.py, www.universia.com.do and www.universia.tv: access and/or use of the services and contents of these PORTALS, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Spanish law. For any issues that may arise or legal action brought arising from the management of these PORTALS for PORTAL UNIVERSIA, S.A. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Madrid (province of Madrid, Spain).
- www.universia.net: access and/or use of the services and contents of this PORTAL, these GENERAL TERMS AND CONDITIONS in all that they govern and any issues that may arise as a result are subject to Spanish law. For any issues that may arise or legal action brought arising from the management of these PORTALS for UNIVERSIA HOLDING, S.L. and the services and contents of the PORTAL, and as regards the interpretation, application, performance or non-performance of the provisions established herein, the USER, expressly waives the right to any other jurisdiction to which he/she may be entitled and submits to the jurisdiction of the Courts of Madrid (province of Madrid, Spain).