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LEGAL TERMS


© 2020 Telefónica SA, Gran Via 28, 28013 Madrid, Spain. 

Registro Mercantil de Madrid, al tomo 208 de Sociedades, folio 1, hoja número M-6.164, inscripción 946 ª CIF. A-28/015865, telefonica@openfuture.org

1.- Presentation.

Platform Open Future (the "Platform") is a trademark owned online tool Telefonica SA ( "Telefonica") targeting both entrepreneurs and all those agencies and entities associated with the environment of entrepreneurship, through which are allowed to enter them contact, communicate exchanged ideas, find opportunities and develop business initiatives acceleration.

These Terms of Use govern the access and use of the platform, which Telefónica makes available to users as well as all content to be displayed or made available to users on the platform, as well as the system of "Offers "on our website. When you access or use the Web site or any services platform, acknowledge that you have read and agree to comply with all the provisions of these Terms of Use. 

Telefónica reserves the right, in its sole discretion, to revise these Terms of Use at any time for legal reasons, for technical reasons or changes in the operation of the platform or regulations and changes that might result from codes applicable type or, where appropriate, by strategic corporate decisions. When this happens we will publish it on the website and / or we will notify you through it, and if you continue using the platform, we understand that it has accepted the modifications. If you do not agree with the changes made, you can unsubscribe in the Platform following the procedure enabled for it. 

Telefónica recommends that you periodically review the Terms of Use, as may be modified. You can check whenever you want the current version in section Conditions of Use on the website.

The collection and processing of personal and exercising their rights to such data data shall be governed by these Terms of Use and Privacy Policy and Cookies Platform.

2. Rights and Obligations of the User.

2.1. License and exploitation and guarantee on the contents that the user provides the Platform.

You are the owner of the information to provide the platform and may request removal at any time as set forth in the Privacy Policy and Cookies.

2.2. Requirements to use the platform.

To use the platform must meet the following criteria and represent and warrant that: (1) has the "minimum age" (18) or more years; (2) has not been restricted your use of the Platform, or has been barred otherwise have an account on the platform; (3) use your real name and only provide accurate and truthful information to the Platform; (4) has full power and authority to register on the platform and that in doing so, will not infringe any contract which is part; (7) will not infringe any right of Telefónica or a third party, including intellectual property rights such as copyright or trademark and (8) agrees to bear the cost of all equipment, software and mobile access and Internet necessary to use the platform.

2.3. Register on the Platform.

Usted acuerda: (1) proporcionar información exacta y veraz y mantenerla actualizada, (2) mantener la seguridad y la confidencialidad de su contraseña; (3) no permitir que otras personas usen su cuenta; (4) no usar las cuentas de otras personas; (5) no vender, comercializar ni transferir su cuenta de la Plataforma a un tercero; y (6) no cobrar a nadie por acceder a cualquier parte de la Plataforma, o a cualquier información contenida en el sitio web. Además, es usted responsable de todo lo que suceda en su cuenta hasta que la cierre o demuestre que la seguridad de su cuenta se ha visto comprometida por motivos ajenos a usted.

2.4. Indemnización.

Agree to indemnify us and hold us harmless for any damages, losses and costs (including, without limitation, reasonable attorneys' fees) relating to lawsuits, charges and investigations carried out by third parties due to (1) your breach of these Terms of including use, without limitation, delivery of contents that violate third or applicable law, (2) any content to deliver to the platform and (3) any activity in which part or through the platform.

2.5. Notificaciones y mensajes sobre la Plataforma.

En lo que se refiere a los mensajes y las notificaciones sobre la Plataforma, Telefónica podrá publicar un aviso en forma de banner en sus páginas para avisarle sobre determinados cambios como modificaciones incorporadas a las presentes Condiciones de uso. Manifiesta conocer y acepta que no asumiremos ninguna responsabilidad asociada con o derivada de no mantener sus datos de contacto u otra información actualizada, incluida sin que suponga limitación, la no recepción por su parte de información importante sobre la Plataforma.

2.6. Privacidad.

As set out in the Privacy Policy, your privacy and security of your data is our priority. To contact us for data protection queries I can do in the email, privacidad@openfuture.org.

3. Rights and Obligations of Telefónica.

3.1. Platform availability.

As long as Telefónica continue making available to users the platform, Telefónica will provide and seek to upgrade, improve and expand the operation thereof. So, you can access the platform as shown and available at all times and we have no other obligation unless expressly stated in these Terms of Use. We may modify, replace, refuse access, suspend or discontinue the Service Platform, in whole or in part, in our sole discretion. All these changes come into force upon its publication in the Platform, or when we send a notice, unless otherwise indicated. In addition, Telefónica reserves the right to remove, remove and discard any content available in your account, with or without notice.

3.2. Third-party websites and developers.

As it stated in the part of "Offers" Platform includes links to websites of third parties ( "Third Party Sites") on its website. Telefónica also allows third-party developers ( "Platform Developers") create applications ( "Platform Applications") that provide features and functionality using data and developer tools provided through the Platform. You are responsible for assessing whether you want to access or use a third-party site or application platform. Before using a third-party site or application platform or share any information with a third party site or application platform, you should review any terms or applicable privacy policy, because it could authorize the third party to use your information in ways we do not'd use. Telefónica is not responsible and does not support any features, content, advertising, products or other materials on or available from third party sites or applications platforms. Telefónica also checks, audits or endorse Platform Applications. Consequently, if you decide to use third party sites or use applications platform, you do it at your own risk and agree that your use of any application platform will be based on the way it is provided without any guarantee relation to the actions of the platform developers, and that this Agreement does not apply to your use of any third party site or application developer.

3.3. Disclosure of the User.

You acknowledge, consent and agree that we may access, preserve and disclose your registration and any other information provided in accordance with the terms of the Privacy Policy and the specific conditions for the protection of personal data that the user accepts.

3.4. industrial and intellectual property.

Intellectual and industrial property of the Platform, its source code, design, navigation structure, databases and the different elements contained therein (except the exemption contained in section 2.1 for the contents provided by the user) are owned by Telefónica SA which has the exclusive exercise of the rights to exploit them in any form and especially the rights of reproduction, distribution, public communication and transformation.

Telefónica SA owns the industrial property rights relating to their brands, domains, products and services, and specifically those relating to trademarks "telephone", "Movistar", "Live" and "Wayra" and other brands , service marks, graphics and logos used in connection with Telefonica. Regarding the appointments of products and services of third parties Telefónica, SA recognizes in favor of their holders the corresponding industrial and intellectual property, not their mere mention or appearance on the website any rights or responsibilities of Telefónica on them , nor endorsement, sponsorship or recommendation by Telefónica, SA

4. Exclusion of liability.

Telefónica provides the platform and contained in the detailed way. Telefónica does not control or examine whether the content generated by users to verify their legality or representations or express warranties, especially for third party sites. To the extent that applicable law permits Telefónica and its suppliers disclaim any and all implied warranties, including without limitation any warranties of merchantability, fitness for a particular purpose, title, data accuracy and non-infringement. If you are not satisfied or feel hurt by Telefónica or any aspect related to the Platform, you can cancel your participation in the Platform and unsubscribe from it. This is the only course of action which may bring. Telefónica assumes no liability, whether direct or indirect, arising from misuse or fraudulent or illegal use made of the Platform or the website or the content hosted there. Telefonica makes no representations or warranties regarding the delivery of messages sent through the platform to anyone. It also does not warrant or represent that your use of the Platform will not infringe rights of third parties. Any material, service or technology described or used on the website may be subject to intellectual property rights of third parties who have granted us a license to use such material, service or technology. Telefónica is under no obligation to verify the identity of people who subscribe to the Platform, nor it has the obligation to monitor the use made of it other users; Telefónica therefore disclaims all liability for identity theft or other misuse of their identity or information, as long as it is not due to failures attributable to the Platform.

Telefonica does not guarantee that Platform will function without interruption or without errors in operation. In particular, the operation of the platform may be interrupted due to maintenance, upgrades or system failures or network. Telefónica disclaims any liability for damage resulting from any interruption or malfunction. Telefónica also disclaims any responsibility for failure of performance, inability to access or improper handling of the platform due to the use of inadequate equipment, to interruptions related to service providers Internet to network congestion Internet or any other reason.

5. Low Platform.

You may cancel the Platform for any reason or no reason, at any time, upon notification to Telefonica through the mechanisms established by the Platform for this purpose. This notice shall be effective when Telefonica processed. Telefónica also may disenroll Platform and close your account for any reason or no reason, at any time, with or without notice. Such low immediate effect or as specified in the notification and involves the inability to access the platform.

6. Abuse using the platform.

Phone may restrict, suspend or terminate the account of any member who abuses or wrongly use the Platform. misuse of a Platform invite other users who do not know to connect with you will be considered; create multiple profiles or false; use the platform for commercial purposes without authorization of Telefónica; infringe any industrial or intellectual or any property of the items listed in the list of what you can and can not do in paragraph or any other behavior that Telefónica, in its sole discretion, considers contrary to its purpose. Furthermore, without prejudice to the foregoing, Telefónica has adopted a policy resolution accounts of members who, in its sole discretion.

7. Conflict Resolution.

The law applicable to these Terms of Use shall be Spanish law. Telefónica and the User, expressly waiving any other jurisdiction that may correspond I, submit to the Courts of Madrid (Spain).

8. Modifications of these conditions of use.

We reserve the right to modify, supplement or replace these Terms of Use, which shall enter into force upon its publication in the Platform or that we notify you otherwise. For example, Telefonica may have a form of banner ad on the platform when we amend the Terms of Use or Privacy Policy so you can access and review the changes before continuing to use the website. If you do not want to accept the modifications thereof, you can unsubscribe from the Platform at any time as provided in paragraph 5 above.

9. Uses not permitted.

It IS STRICTLY PROHIBITED and therefore, its consequences will be your sole responsibility, access or use of the Platform for illegal or unauthorized, with or without economic purpose, and more specifically, and without the following list have absolute , It's forbidden:

  1. Host, store, disclose, publish, distribute or share any content that could be considered a breach in any form of fundamental rights to honor, image and personal and family privacy of others and, especially, of minors.
  2.  ‍Host, store, disclose, publish, distribute or share pictures or images or photographs to collect personal data of third parties without obtaining appropriate consent of the owners. ‍
  3. Host, store, disclose, publish, distribute or share any content that violates the secrecy of communications, the infringement of intellectual or the rules governing the protection of personal data property. ‍
  4. Reproduce, distribute, make available or otherwise shared within or outside the platform, photographs or images that have been made available for other users. ‍
  5. Host, store, disclose, publish, distribute or share any material or information that is illegal, racist, obscene, pornographic, abusive, libelous, deceptive, fraudulent or in any way contrary to morality or public order. ‍
  6. Use the platform to injure, defame, intimidate, threaten, abuse or harass the image itself to other users. ‍
  7. Make use of the website or any of the services of the Platform illegally, or in any other way by which could damage, overburden, or impair the platform or website.
  8. ‍Introducing viruses, corrupted files or host, store, distribute or share any other material or software that may cause damage or alterations to the contents, programs or systems of the Platform. ‍
  9. Using the Platform for sending advertising or commercial communications, to issue messages for advertising purposes or to capture data for the same purpose.
  10. ‍Using the platform, regardless of their purpose, to send emails with massive and / or repetitive to a plurality of persons, or use email addresses to third parties without your consent.
  11. Capture or collect email addresses or other contact information of other users through the Platform gives order to send emails or other unsolicited communications.
  12. Host, store, disclose, publish, distribute or facilitate unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters" or similar communications.
  13. Create a false identity, supply and / or use false information in the profile, making false statements, providing false information about yourself and about other people and / or their relationship with them.
  14. Register a profile on behalf of another person or any other means of using identities of others and in particular spoofing personalities. 

For Telefonica detect any performance described above may suspend or terminate your profile on the platform automatically without notice and, in any case, such suspension or cancellation would entitle him to compensation. For all these purposes, we inform you that Telefónica may give notice and timely cooperate with the competent police and judicial authorities if detected any violation of the law or if it had suspected crime or misdemeanor.