Terms and conditions of use

Terms and conditions of use

1. Corporate Information

In compliance with the duty of information contained in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following data are reflected below:

Trade Name: KILFI
Company Name: GETHENEWS S.L
Registered Address:  C/Rodriguez Arias 6, Bilbao 48008 Spain
Email address: info (at) kilfi (dot) com
Details of entry in the Register of Companies: T37138 F1 I1º M662871
Tax Number (CIF): ESB87998027

2. Definitions

  • Platform/website/site : The Internet address of the KILFI platform including its corresponding hardware, software, databases, files, interfaces, algorithms, registered users and their data.
  • Content/File : a photograph, video, vector image or any other digital material offered on the website, together with its descriptive information and any other documentation that may be required (e.g. a model authorisation or written consent to display privately-owned material).
  • User: In general terms, anyone who visits the Kilfi websites, regardless of whether they are a registered user. A registered user is a user who has completed the registration process and may carry out the actions established in the terms of acceptance of the service. Specifically:
    • Acquirer user/purchaser: a user who has registered on the website in order to purchase the usage rights for the files offered and transmitted via the website, using various methods.
    • Provider user/collaborator: a person (or legal entity) that is the author of or has the right to sell the files offered by the website so that they may be displayed, transmitted and/or sold to the purchasers.
  • Upload: The collaborator’s transfer of a file or files to the platform for them to be displayed, transferred and/or sold to the acquirers.
  • Download: The client’s transfer of the items acquired from the platform to his/her own device (computer, tablet, etc.).

3. Use of the website and acceptance

Access to and use of the www.kilfi.com website confers the status of USER and, from the time of the said access or use, implies the latter’s acceptance of the Terms and Conditions of Use contained herein (hereinafter referred to as the “terms” or “conditions”).

These conditions govern access, browsing and use by users of the KILFI website and the services provided via the said website. Your contract with us is subject to these terms and to our Privacy Policy (the terms, Privacy Policy and any other conditions you accept will be hereinafter referred to as the “Contracts”). Access to and use of the website implies that the user has read and understood the terms of this agreement in their entirety and undertakes to comply with them. If you do not agree with the terms or contracts or are unable to comply with them, you must not use KILFI’s service or its content and you must leave the website.

Kilfi reserves the right to review and amend the terms at any time without sending a message to the user to notify them of this fact. The user acknowledges that he/she must periodically check this section to obtain all the updated information on the terms. If the user continues to use the website after the publication of any amendments to the current terms, he/she consents to the said amendments.

With regard to collection and use of personal data, the Privacy Policy and the Cookie Policy are applicable.

The user assumes liability for use of the website. This responsibility extends to any registration required to access certain services or content. On registering, the user will be responsible for providing true and lawful information. As a result of this registration, the user may be provided with a password for which he/she will be responsible, undertaking to make diligent, confidential use of the same. The user undertakes to make suitable use of the content and services of Kilfi, who reserves the right to remove any content, comments or contributions that infringe respect for personal dignity, are discriminatory, xenophobic, racist or pornographic, offend young people or children, order or public security or which Kilfi deems unsuitable for publication. In any case, Kilfi will not be held liable for the opinions expressed by the users via forums, chats or any other participatory tools.

4. KILFI’s rights and obligations

  • KILFI undertakes to provide users with the audiovisual content via the platform.
  • KILFI reserves the right to offer the content via other channels for its sale outside the platform.
  • KILFI reserves the right to decide whether or not the content is suitable for sale. Any content that is unlawful, tasteless or not in accordance with the other users’ interests will not be accepted.
  • KILFI undertakes to store the content uploaded to the platform on its servers. The content may be removed with 48 hours’ advance notice, except in cases where the said content clearly infringes the platform’s values and policies, in which case it may be removed without advance notice.
  • KILFI undertakes to protect the personal data and any other data obtained in a database owned for this purpose by GETHENEWS S.L. However, this shall not prevent such data from being transferred to third parties, always in accordance with applicable law.
  • KILFI reserves the right to remove, reject the publication of or edit any text message or file that may be interpreted as failing to comply with this contract or infringing private and intellectual property rights or similar rights pertaining to third parties.
  • KILFI reserves the right to suspend, terminate or change the website, its functions, resources or databases, without advance notice or any additional obligations.
  • KILFI reserves the right to rectify any errors in the files at its own discretion.
  • KILFI respects third party intellectual property and requires its users to do the same. If the provider user has grounds to suspect that his/her work has been copied and copyright infringed, or that his/her intellectual property rights have been directly or indirectly infringed, he/she must notify the organisation of this fact immediately via the contact email address below.

5. Limitation of Liability and Disclaimer

The user confirms that he/she understands and accepts his/her liability and assumes all risk resulting from use of the platform, the content and its services without limitation.

  • KILFI will not be liable for any damage caused to the users’ equipment and devices by inappropriate use of this platform.
  • KILFI will not be liable for the audiovisual content appearing on its platform. The content of the website is provided by the collaborator users and it will therefore be removed if it is reported as being inappropriate, unlawful or infringing any regulation. The provider user will be liable for the said content.
  • KILFI declines all liability for any content available on the platform at any time.
  • All the information set forth in this section is without prejudice to the limitation of liability established for each specific contract.

6. Underage users

The KILFI platform, its content and its services may not be accessed by minors or by any person under 18, and they are not designed to knowingly collect information on minors or persons under 18. KILFI will immediately remove any personal information on minors, after having been notified of this fact.

 

The user confirms and guarantees that he/she is over 18 and is of sufficient age and capacity to access and make use of the platform and to be bound by any liability that may arise as a result of using its files. The user accepts total liability for all cases of use of the website, without distinction, and for access by third parties using his/her user name and password, including minors or persons under 18 living with him or her.

7. Confidential Information

In accordance with the purpose of this contract, the term “Confidential Information” should be interpreted as being any document, software, data item, information or file connected with the management of Kilfi and its companies, employees, partners, issuers or holders of licences, or anything expressly defined as confidential.

 

The user understands that the confidential information cannot be disclosed to third parties without specific written permission from Kilfi.

8. Indemnity

The user agrees to pay and indemnify, protect and defend Kilfi (and its managers, employees, shareholders, partners, affiliates, etc.) in case of any claim, liability, loss or expenses (including lawyers’ fees as a client) incurred in the following cases:

  • Casual or intentional use made of the website and/or its files on access by the user, regardless of who has entered the login credentials.
  • Any correspondence sent by the user or download of any file made with the user’s help during access.
  • Any infringement by the user of the clauses of the contract.

 

The user agrees to cooperate with Kilfi’s defence if necessary.

9. Termination of the contract

This user contract shall be effective until the time of its termination. For this purpose, the user may contact the Kilfi platform at any time, providing identification, and confirm their intention to terminate the contract.

At its own discretion, Kilfi reserves the right to suspend, terminate or restrict the user’s right to access all or part of the content and resources of the website as a result of the user’s non-compliance at any time, with no proof or advance notice being required.

The termination of the user contract does not automatically exempt the user from liability. Similarly, Kilfi’s rights, obligations and liabilities shall continue to be valid after termination of the contract.

On cancelling his/her user profile and access to the files on the platform, the user confirms that he/she waives any credit that may remain in his/her account.

10. Jurisdiction and Applicable Law

For all issues arising with regard to the interpretation, application and compliance with these Terms, and in case of any claims deriving from their use, all the intervening parties shall expressly waive any other forum which may correspond to them and expressly submit to the Courts and Tribunals of Madrid.

 

These terms are governed by Spanish law.

11. User Declaration

On accepting the terms and conditions of this contract, the user confirms that he/she has read and understood its content or, if not, that he/she has had the opportunity to be counselled by a professional before accepting it.

The user confirms that in addition to the conditions of this contract, he/she has become familiarised with those of other contracts mentioned and agrees with the restrictions imposed. If the user does not accept any of the conditions of any of Kilfi’s contracts, he/she must cease using the platform.

The user may not transfer these Terms or any other contract and/or transfer his/her rights and obligations, totally or partially, to any third parties. Kilfi may totally or partially transfer and/or convey the user’s rights and obligations to any third party designated at its total discretion.

12. Contact

If you have any queries or suggestions with regard to this document, please email KILFI at the following contact address: info (arroba) gethenews (dot) com