Terms of Service
Version 1.1 released on March 7th, 2011
This document includes information on conditions for access and use of this website and must be known by all users (meaning and beyond, both as a mere visitor and users registered on this website).
General information on the site www.youmicro.com
Youmicro, S.L. (hereinafter YouMicro) is an entity whose registered office is located on the street Las Flautas, 48 28054 Madrid Spain and which CIF number is B85279982. Phone 34636 219 950. The e-mail is email@example.com.
This entity is registered with the Mercantile Registry of Madrid with the following data: Entrada 1, Tomo 24,980, Folio 156, Hoja M-449786.
When YouMicro gives you a translation of the Spanish version of the Terms and Conditions, such a translation means provided for the only purposes of convenience because versions of the Terms and Conditions in the Spanish language will govern your relationship with YouMicro. In case of contradiction between what was stated in the Spanish version of the Terms and Conditions and what was said in a translation, the provisions will prevail in the Spanish language version.
However, YouMicro may establish special conditions for the recruitment or use of certain services offered through YOUMICRO.COM. Therefore, before the recruitment or use of specific services, the user should carefully read and understand both these Terms and Conditions as those applicable to the service in question, since such use or recruitment imply the acceptance by the user of the particular conditions to regulate and in effect at the time of use or recruitment. If there is a discrepancy between what is established in Terms and Conditions and specific conditions of each specific service, Terms and Conditions will prevail.
In addition, YouMicro will allow third parties to publish or provide services through YOUMICRO.COM. YouMicro will not be responsible for the general conditions that these individuals or third parties have set for their services.
The use of the Web site, navigating on it and the use and participation in all products, content, information, software and services, including the Player and Uploader Files of YouMicro provided through the Web site, entails the understanding and acceptance of these Terms and Conditions for visitors and users, thus being forced to comply with them.
Access to this site is the sole responsibility of users, as well as veracity of the information provided by them and this means accept and understand the legal warnings, Terms and Conditions contained therein.
You can not use the services or accept the Terms and Conditions if you are not legally qualified to hold a binding contract with YouMicro (under 18), or have banned or legally precluded the receipt or use of the Services, under the laws of your country of residence or from which you access or use the Services.
Through the web Site or the pages inside it, you can play videos, audio files and other data, including any modification, maintenance, modernization, improvement and other documentation to be made available to you.
The user can also upload audio and video files, leaving them available to other users. The site provides a variety of opportunities to the users so that they promote their content. The content of Youser (people who upload audio or video files) should be available for other users at no cost.
YouMicro may change the Terms and Conditions at any time publishing a new copy of them on the web Site and entering into force since then.
You acknowledge and agree that if you use the Services and Content after the date of modification of the Terms and Conditions, YouMicro considered that such use implies the acceptance of the new Terms and Conditions, so we recommend that you regularly check the Terms and Conditions to be informed of possible changes, though we always update the date of the last date version.
- Obligation to correct use of the Web site, Services and the Content.
The User agrees to the proper use of the site Web and utilities provided by YouMicro under the law, this legal document, and the instructions and warnings we communicate to you. You agree that failure to observe these rules is a breach of these Terms and Conditions by you.
The user agrees to the exclusive use of the Web and all its contents for lawful and not prohibited purposes, which does not violate the law and / or may be potentially harmful to the legitimate rights of YouMicro or any third party, and / or potentially likely to cause any damage or injury either directly or indirectly.
To that end, you will refrain from using any of the Services or for illegal purposes, prejudicial to the rights and interests of third parties, or in any manner which could damage, disable, overburden, impair or impede the normal use of the Services, computer equipment or documents, files and all kinds of content stored on any computer (hacking) of the Web site, other users or any Internet user (hardware and software).
In particular, as purely indicative and not exhaustive, the User agrees not to transmit, disseminate or make available to third parties any part of the Web site as information, data, content, messages, graphics, pictures, sound files and / or images, photographs, recordings, software, and generally any kind of material that:
(A) In any way be contrary, disparages or violates fundamental rights, freedoms and guarantees recognized in the Constitution, in international Treaties and other legislation.
(B) Induces, incites or promotes criminal activities, denigrating, defamatory, infamous, violent or, in general, contrary to the law, morality and good manners generally accepted or public order.
(C) Induces, incites or promotes actions, attitudes or thoughts discriminatory on grounds of sex, race, religion, creed, age or condition.
(D) Incorporates, to make available or allow access to products, components, messages and / or criminal services, violent, offensive, harmful, degrading or, in general, contrary to law, to the moral and good customs generally accepted or public.
(E) It is false, ambiguous, inaccurate, exaggerated or untimely, so that causes or to mislead on purpose or on the intentions and purposes of the communicant.
(F) Is protected by any of the intellectual property rights or industrial belonging to third parties, without the user having previously obtained the permission of their owners needed to carry out the use that is doing or that intends to do.
(G) Violates commercial secrets of others.
(H) Be contrary to the right to honor, personal and family privacy or image of individuals.
(I) In any way undermine the credibility of YOUMICRO.COM or third.
(J) Infringes the rules on confidentiality of communications.
(K) Constitutes, in his case, illicit advertising, misleading or unfair and, in general, which constitutes unfair competition.
(L) Incorporates viruses or other physical or electronic elements that may damage or impede the normal functioning of the network, system or computer equipment (hardware and software) of YOUMICRO.COM or third parties or that may damage electronic documents and archives stored on such equipment records.
(M) Causes, by their characteristics (such as format, length, etc.) difficulties in the normal functioning of the Service.
(N) Contain HTML tags other than those specifically authorized by thematic.
In addition, all users are forced to access and use the Web site, the Services and the Content subject to the requirements set out below:
I. Do not distribute any part of the Web site, including but not limited, any user files (under this term defined below) through any means without the prior written approval of YouMicro;
II. Do not alter or modify any part of the Web site or the Services (including but not limited to, the Player of YouMicro and its related technologies);
III. Do not access to the Archives of Users (as that term is defined below) or other content offered through the Web site using any technology or means other than the audio playback pages of the Web site, Player of YouMicro or any other means to be designated explicitly to that effect;
IV. Do not evade, disable or manipulate of any other way (or attempt to circumvent, disable or manipulate) the security functions of the Web site or other functions that prevent or restrict use or copying of files of users or the Content of YouMicro, or to apply the limitations to the use of the Web site or the content being offered through the Web site;
V. If you're using YouMicro Player on your site, you must include a prominent link to access the Web site on pages containing Player YouMicro without being able to change in any way YouMicro Player;
VI. If you use YouMicro to upload files to the Web site, you accept that you can download and install updates automatically from YouMicro at the time, updates designed to improve and develope the system to upload files to YouMicro, and may include the repair of technical errors, new software modules and new versions. So you accept the reception and installation of these updates as part of the use of YouMicro.
VII. Do not use or activate any automated system (including, without limitation, any robot, spider or offline reader to access the Web site so that send more request messages to YouMicro hosts in an interval of time that an individual could reasonably produce in the same interval of time using a web browser publicly available and general (that is, unmodified)
VIII. Do not use the
Website, content and services to offer services in connection with a
commercial activity except by the media expressly permitted by YouMicro.
- YouMicro Accounts
You should immediately notify YouMicro any breach of safety rules or any unauthorized use of your YouMicro account passing to your knowledge.
You agree to be solely responsible (as opposed to YouMicro and other third parties) of all activity that takes place with your YouMicro account as well as the proper custody and confidentiality of any IDs and passwords that you register in YOUMICRO.COM and you will not cede its use to others, either temporarily or permanently or to allow access to outsiders.
- Rights that you grant under license
When you load or publish a User file in YOUMICRO.COM, you're granting the following:
A. for Youmicro, a worldwide, non-exclusive, royalty-free and transferable (with the right to sublicense) to use, reproduce, distribute, make derivative works to show and run User files related to the provision of Services and the functioning of the Web site and the activity of YouMicro, including without limitation, for purposes of promotion and redistribution of all or a portion of the Web site (and its derivative works) in any format and through any channel of communication;
B. for each user of the Website, a worldwide, non-exclusive, royalty-free access to your User files through the Web site, and to use, reproduce, distribute, make derivative works to display and perform such User Files to the extent permitted by the functionality of the Web site and under these Terms and Conditions.
C. for YouMicro and exclusive, the income from all advertising contracts with YouMicro to be released through any part of the Web site on which appears or not the User file.
The above licenses granted by you with regard to the contents published and, specifically, music and video files will be canceled when you remove or delete your files or videos on the Web site and then interrupt the distribution in shortest possible and, at the time that was interrupted distribution, was terminated the license. The above licenses granted by you with regard to the contents of each user are perpetual character and irrevocable, without prejudice to their property rights, whose title you will be held at any time.
Regarding the Content you upload to YOUMICRO.COM under those licenses, you accept and warrant that you own the Content posted by yourself on the Web site or through their services, or you have the right, for some other reason to grant the license mentioned to in this section, and you also commit to the publication of your Content in YouMicro services or through them do not violate applicable laws, including privacy rights, publicity rights, intellectual property rights, copyrights, contract rights nor any other right of any person or entity. You agree to pay all royalties, fees and other amounts due to any person or entity because of the content that you publish in YOUMCRO.COM or through their services.
The User recognizes the responsibility and leave for YouMicro free by any communication or opinion provided by himself or his name through the Web site Services, reaching such liability without any restriction to the accuracy, legality, originality and ownership of it. Therefore, YouMicro does not guarantee the lawfulness, reliability, usability, truth or accuracy of the Services or the information provided through the Web site.
After the publication of any Content in YOUMICRO.COM, you still have the rights on it, subject to limited license under these Terms and Conditions of Use. By posting any content on YouMicro Internet Services or through them, you grant YouMicro, a limited license to use, modify, add or delete information, presenting it publicly, publicly display, reproduce and distribute such Content solely on YouMicro Services or through them. This limited license does not grant YouMicro the right to sell or distribute in any other way your Content outside of their services.
- We Reclassify and cancel inappropriate files
OK, this is a matter
more for us than yours. When a music file is flagged as inappropriate,
system will not automatically remove the files marked. If we cancel
your file after hear it, you can take for granted that we have canceled
with determination, and should take seriously our warning notification.
our point of view. If you find any other file on the Web site with the
same offenses, inform us so that we can review it.
Also, you accept and understand that by using the Web site and the Services, can be exposed to Files and Content objectively inaccurate, offensive, indecent or questionable to you. Under this document, you waivers to exercise any legal action that may be against to YouMicro with respect to any File or Content.
- Your User Files
As a YouMicro account holder, you can send audio and video content as well as textual contents of which YouMicro does not guarantee any confidentiality.
You remain the owner of the rights relating to your User Files, although you should give some licensing rights limited in favour of YouMicro and other users of the Web site.
You accept and agree to be solely responsible for your User files and for the consequences of its publication. YouMicro not endorsed any User file nor any opinion, comment, recommendation or advice expressed, excluding expressly any responsibility concerning the activity of each User.
You accept and warrant that you are holder (and will remain so as long as you use the Services) of all licenses and all rights, approvals and permits that are required to upload files to the Web site and to allow YouMicro use your files, communications, comments and any other element created or uploaded through the Web site for the purpose of providing the services and for any other purpose in accordance with the way referred to in the Web site and these Terms and Conditions.
You will not post or upload any file or comments with content whose possession is illegal for you in your country of residence, or whose use or possession is illegal for YouMicro relating to the provision of the Services.
You will not upload or post any file or comment that is subject to intellectual property rights of other parties (including exclusive rights or publicity) unless the legal owner of those rights have granted a license to you or formal authorization to publish the material in question and to grant to YouMicro the license explained in section 4 of the Terms and Conditions.
- Copyright Policy
YouMicro always wants to respect the copyright and intellectual property, as the very essence of YouMicro is to serve beginners authors and that each author upload files created by himself or on having the explicit right of publication and dissemination. So set in our Copyright Policy. In this sense YouMicro has set a list of words not allowed because they are related to the use of recognized authors or elements expressly protected by copyright, unless prior permission of the authors or are they who requested the use of the Web site to promote their works.
That is why YouMicro denies access to the Web site of anyone seen as a persistent offender Policy Copyrigth. A repeated offender is a user who has been notified of infringing activities more than twice.
- YouMicro contents on the Web Site
Except for files uploaded by Users, all other content of the Website including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos and interactive features of the Website (the contents of YouMicro) will be owned by YouMicro, or correspond to YouMicro under a license and be subject to copyright, trademark and other intellectual property rights of YouMicro or licensors of YouMicro. All trademarks and service marks of other third parties present at the Contents of YouMicro are trademarks and service marks of their respective owners.
YouMicro contents may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or operated granted for any other purpose without the prior written consent of YouMicro, or licensors of YouMicro. YouMicro reserves all rights not expressly granted with respect to the contents of the Web site.
- Exclusion of responsibility
YouMicro makes every effort to avoid any errors in the contents of the website, but does not guarantee or be liable for any errors in the contents of the website.
YouMicro excludes all liability for damages of any nature eventually resulting from:
- The interruption of Web site or the lack of availability of access to the Web site.
- The privacy and security in the use of the Web site by the User, and / or access not consented to unauthorized third parties.
- The eventual transfer of elements that negatively affect computer systems.
- The accuracy, completeness and timely updating of the contents of your Web page.
- Indirect losses you might incur, including any loss of benefits (regardless of whether they originate from direct or indirect way), loss of business or of corporate prestige, or loss of data suffered by you.
- The loss or damage in that you can incur as a result of the credibility you give to the completeness, accuracy or existence of any advertising material, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Web site; any YouMicro changes introduced in relation to the Services, or any temporary or permanent cessation of the Services (or any of its functions), the deletion or failure to store any file or data or other content maintained or transmitted through Web site; its failure to provide accurate information to YouMicro or their lack of maintenance of security and confidentiality of your password or YouMicro account information.
These limitations to the responsibility of YouMicro with you shall apply regardless of whether YouMicro has warned or should have warned of the possibility of the occurrence of such losses.
Services are provided normally and YouMicro do not give any warranty nor makes any event with respect to them.
In particular, YouMicro does not manifest nor guarantees that:
A. the use of the Services will meet your requirements,
B. the use of the Services will be uninterrupted, timely, secure or error-free,
C. information acquired as a result of your use of the Services will be accurate or reliable, and
D. defects will be corrected with the operation or functionality of any software provided as part of the Services.
It does not apply to Services any condition or warranty except to the extent of the expressly stipulated in the Terms and Conditions.
- Duration of service
YouMicro does not guarantee the availability and continuity of the functioning of the Web site. When this is reasonably possible, YouMicro will notice of interruptions in the operation of the Web site.
Access to the Web site has an indefinite duration (or the same than YouMicro), but YouMicro reserves the right to suspend, unannounced, access to users who, in his view, violate the rules for using the Web site and to exercise appropriate legal action. In addition, has the right to restrict access to certain sections of the Web site to the general public, limiting it only to users or groups of users through the delivery of a password of which will be responsible.
- Protection of personal data
Each User must leave the personal data required in the processes of subscription, contact or high in the services offered by YouMicro.
The data will be automated and incorporated into the relevant databases, owned by YouMicro which is the solely responsible.
The user accepts and understands that advertisers of the Web site can include and read cookies on your browser and use web beacons to obtain information. The user can freely delete these cookies after browsing through the Web site.
The data are used to personalize services and to provide a service more appropriate. All the information that you provide us will be reserved exclusively for internal use of the Web site. No stranger to YouMicro may have access to personal data of users of the services affiliated to the Web site.
YouMicro also does not use the personal information of Users in mailings, advertising and marketing campaigns and e-commerce sites from third parties.
The same is stored in the database's internal Web site in a confidential manner.
The personal identification information of each User as his full name, address, phone number, your birth date, your credit card and / or your e-mail may not be collected by us without having received prior consent. We accept your consent is given by creating a YouMicro Account.
- Links on the Web site
On the Web site, you can find links to other web sites through different buttons, links, banners, etc.., which are managed by third parties. YouMicro has no power or human or technical means to know, control and approve all the information, content, goods or services provided by other websites that are established links from YOUMICRO.COM. Accordingly, YouMicro can not assume any responsibility for any aspect of a website which provides a link from YOUMICRO.COM, with respect to any of its contents, in general.
The establishment of any type of link from YOUMICRO.COM to another site outside does not mean that there is some kind of relationship, partnership or dependency between YouMicro and the responsible for the website.
- Links with destination the Web site
If any user, entity or website wish to establish some kind of link with destination YOUMICRO.COM must adhere to the following stipulations:
• The link may be directed to the home page or any other of the integrated in YOUMICRO.COM.
• The connection must be absolute and complete, that is, should lead the user through a click, to the URL of YouMicro http://www.youmicro.com or relevant urls to the pages you want to link to, and should completely cover the entire length of the screen YOUMICRO.COM. In any case, unless authorized by YouMicro explicitly and in writing, the website which makes the link can´t play YOUMICRO.COM, include it as part of its website or within one of its "frames" or create a browser on any of the pages of YOUMICRO.COM.
• YouMicro does not authorize the establishment of a link to YOUMICRO.COM from those websites containing material, information or illegal, illegal, degrading, obscene and, in general, which contravene the moral, public order or social standards generally accepted.
• The page that provides
the link to YOUMICRO.COM may not have declared in any way that YouMicro
has permitted such link, except that YouMicro has done so expressly
and in writing. If the entity that makes the link from his page correctly
to YOUMICRO.COM wish to include in its website the mark, name, trade
name, label, logo, slogan or any other element identifying YouMicro
or YOUMICRO.COM, should have the prior express permission in writing.
- General Provisions
Terms and Conditions constitute the legal agreement between you and YouMicro, govern your use of the Services and supersedes all prior agreements between you and YouMicro in relation to the Services.
You agree YouMicro may send to you all kinds of notices, including those relating to changes in the Terms and Conditions by e-mail, regular mail or by publishing such changes on the Web site.
Likewise, you accept that YouMicro reserves the right to charge a fee for any part of the services offered on the Web site and to change that fee (if any) on a regular basis, at its discretion. If YouMicro eliminates you as a registered User because you have violated the agreement, you will not be entitled to a refund of any portion of the fees or payments (if applicable) that you have not used.
You agree that in the event that YouMicro does not exercise any right or legal action in the Terms and Conditions (or that are appropriate under the applicable law), this would not constitute a formal renunciation of the rights that YouMicro might have, those rights and legal actions will remain in full force for YouMicro.
If a court of competent jurisdiction on the matter determines that any of the provisions of these Terms and Conditions is invalid, that provision will be removed from the Terms and Conditions without affecting the rest of the other provisions remaining in full force at all its aspects.
- Law and jurisdiction
The provision of the Web site Service and any other matter regarding YouMicro and YOUMICRO.COM is governed by Spanish law, the courts retain jurisdiction of Madrid, to which the user is submitted expressly.
YOUMICRO S.L. ALL RIGHTS RESERVED