CONDITIONS OF ACCESS AND USE OF BMLD SOCIAL NETWORKS
1. Who manages the account of the Company in the Social Networks?
The company BM LIGHTING S.L. VAT number B-62679659, registered office at Calle Casp 12, 1 DEF, 08010, Barcelona, e-mail: email@example.com, a company registered in the Trade Registry of Barcelona, V. 33987, page 27, Sheet B 237903, First entry (thereafter BMLD or the Company).
BMLD is present in the main social networks, Facebook, Instagram because it has accounts open at its name which have the purpose of advertising its products and services and where the user can interact uploading contents either files of sound and/or images, comments, opinions, experiences, records, information and/or multimedia contents, graphs (thereafter the User Contents).
These conditions regulate the access and se of the accounts of the company in the social networks Facebook, Instagram (thereafter Accounts of the Company in Social networks).
The access to the Accounts of the Company in the Social Networks and their use grants the condition of User to the visitor and means the ACCEPTANCE FULLY AND WITHOUT RESERVES of all the Conditions of Use. These Conditions are subject to a continuous updating therefore we recommend that you carefully read the legal notices every time you wish to access in case they sustained modifications BMLD reserving the right to modify them at any moment. If you disagree, we recommend that you do not continue using them.
The access and display of the Contents in the accounts of the Company in social networks is free of charge and to access to the whole of the contents it is required to have an account open in the said social network and joining the profile of the account of our Company in the said networks, showing this way an interest for the information that is published in the accounts of the Company in social networks.
2. Which are the compromises of the User when he has access to the accounts of the company in the social networks?
The User undertakes to have access and use the Account of the Company in the Social Networks in accordance with the law, the moral and the public order and in accordance with these Conditions, correctly and diligently, its use for commercial or illegal purposes being forbidden.
The User acknowledges and accepts that the access, display and, if the case arises, the download of contents shall always be carried out with strictly personal purpose, i.e., private and never commercial.
The User shall not use the brand, distinctive sign and name BMLD and/or any other similar and that includes looking alike, in any written and/or electronic support including the registration of domains, without the prior and written authorization of BMLD.
The User undertakes not to incur in any unfair behaviour that would result suitable to create confusion with the activities, provisions or premises of BMLD and generating a high risk of association among the consumers with respect to the origin and source of BMLD.
3. Are the materials published in the account of the Company in the Social Networks protected?
The whole of the contents published in the Account of the Company in Social Networks are protected by the rights of industrial and intellectual property either because BMLD is the holder or because it is duly authorized for their use. To that effect, are understood as contents the texts, the creative and original elements, the files of sound, the files of animation, the files of video, including the photographic works, the simple photographs, the images, software, trademarks, logos, distinctive signs, the brands the advertising materials, if the case arises, the audio-visual works, inter alias (thereafter the Contents of the Company). All of this without prejudice of the full title the collaborating entities, customers, hold on their own contents, logos and trademarks, photographs, warning you that the Account of the Company in the Social Networks could contain images subject to rights of industrial and intellectual property of third parties.
4. Which parameters the publications of the User in the account of the Company in the social networks have to meet?
The User has to have the legitimacy to be able to upload the publications, comments, images, information and/or contents either multimedia or otherwise that allows to upload the social networks in the Account of the Company in the Social Networks either because he holds their title as author or because he possesses the relative authorizations.
The Contents of the User cannot be contrary to the law, the moral, the public order, contrary to the rights of third parties without their consent, that they induce to a serious error or that for any reason he is not entitled to publish as they have legal protection; inappropriate, vulgar and/or having an obscene contents for the minors; of advocacy of the delinquency, having a pornographic nature; insulting, slanderous, contrary to the honour and/or the image of the Company and/or of third parties, issuing pejorative assessments that mean to go beyond the right of criticism on the behaviour of the other; infringe the rights of intellectual or industrial property of BMLD or of third parties; including advertisement any trademark not pertaining to BMLD; that prevent the regular use of the account of the Company in the social networks by other Users; that allow the collection and storage of data of third parties without authorization; bother, upset, harass , embarrass, threaten or insult another individual; impersonate another person, in the sense of impersonating him with the purpose of putting down to him comments and/or misrepresentations he never did; not be related with the purpose of the account.
The Company assumes no liability associated to the Contents published by the User in the Account of the Company in Social Networks, however, it may withdraw them at any moment if they fail to meet the rules of publication of contents previously set out and, if the case arises, apply for blocking the user by means of the mechanisms enabled by the social network.
When the Users voluntarily publish their comments and/or opinions in the account of the Company in social networks, they grant a licence free of charge in favour of the Company, nonexclusive, transferable, for everybody, for the maximum time the law sets out and for all the mass media existing on that date in order that they are disseminated, published, reproduced, distributed, housed, publicly communicated , edited, transformed , made available for the rest of the Users and replicated by BMLD and/or by the rest of the Users.
When the User voluntarily publishes an image in the account of the Company in social networks that means the assignment of the rights to the image, with the unique and sole purpose of the publication, dissemination, reproduction and storage of the image, free of charge and without the right to any consideration in the account
of the Company in the social network and for the time during which such account remains active. In the event that the User is accompanied in the image by friends, family or any other person of his known environment, he warranties that he has informed and obtained the prior consent of his companions for publishing their images.
The User can, at any time configure his profile for a best privacy, limiting its connexions and restraining with whom he shares them, as well as delete contents that are no longer interesting in accordance with the Policy of Privacy of the Social Network https://www.facebook.com/privacy/explanation and https://help.instagram.com/155833707900388;
5. When BMLD is not liable?
BMLD in no case shall be liable for the direct or indirect, incidental damages, fines, penalties, losses, expenses and claims produced by the Contents published by the User in the Account of the Company in the Social Network because: he is not the author or does not possess the relevant authorizations for their publication; the identity theft and/or impersonation of somebody else in the social network; inappropriate or fraudulent access or and/or use of the account of the Company in the Social Networks; the availability, continuity and correct operation of the Account of the Company in the social networks ; the uninterrupted and free of error access, to the extent that the access requires the collaboration of other providers of services of the company of the information that are beyond its control; the failures or anomalies the liability of which are
solely of the User due to the inadequacy of the configuration of the hardware and/or software; the errors of security that can occur or of the damages that can be caused to the computer system of the User or the mobile device of the User or of third parties (hardware, software), to the files or documents and/or information that is stored in the computers of the Users consequently to a virus in the computer of the User during his access to the Web.
6. To how many data the Company has access that are published in its public profile?
When the User decides to follow the Company in the Accounts of the Company in the Social Networks, using the plugin of Facebook / Instagram (I LIKE/SHARING/FOLLOWING) and navigating on them, authorize in an unequivocal and implicit way the access by the Company to the personal data published in its public profile, as well as to the name and surnames of the individuals that voluntarily use the plugin with the purpose of interacting with the user.