TOS – Privacy
TERMS AND CONDITIONS OF USE OF CHICISIMO
The use of the website grants you the status of user (hereinafter “the User”) and implies full and unreserved acceptance of each and every one of the regulations contained in these Terms and Conditions published by Chicisimo at the time that the user accesses the web. Consequently, the user is encouraged to read them regularly as they may be subject to modification to comply with new legislation and jurisprudence, which the user will be informed of beforehand.
The User agrees to use the Website, the Services, the Content and these Terms and Conditions in accordance with the law, morals, good customs and public order. It is compulsory to use the Website, the Services and Content in a diligent, proper and lawful way.
1. Description of the service
Chicisimo is a social network for fashion lovers, in which users might upload and share personal style looks, comment on them, vote and interact with them. They may only contribute with fashion related contents.
2. Minimum age for User.
The use of the services offered in Chicisimo requires the User to be at least 14 (fourteen) years old.
Users under 14 years old, shall not, under no circumstances and without exemption, be allowed to participate in any of the services offered by Chicisimo even if they are using the account of a properly registered User (over 14), except with expressed permission of their parents or guardians, which shall be sent, along with a photocopy of their Identity Card.
3. Free nature of the services provided on the web.
The services available to users are free of charge and will have no Premium service that requires a payment from users.
Access to Chicisimo is available via a Facebook user account. If you access Chicisimo through your Facebook account you allow Chicisimo to access basic information provided by you to said social network, your e-mail address and profile information, such as birth date, town/city and location. To access through your Facebook account you must allow Chicisimo to access your information at any moment and, if agreed, to post on your wall on behalf of you. If you don’t agree with these terms, which will be shown through said social network as well, you can access Chicisimo via other means.
Chicisimo can also be accessed through a Twitter account. Upon accessing via Twitter you allow Chicisimo to read Tweets on your chronology, see who you are following and follow new people, update your profile and post tweets on your behalf.
It is also posible to register directly on our website, for which we will require you to provide at least the information displayed on the initial registration page.
The user is solely responsible for the information contained in their personal profile and the veracity of it.
Obviously Chicisimo cannot control the accuracy of information given. However, if Chicisimo becomes aware that the User is breaking the law, such as in identity theft, it will immediately cancel User’s account.
5. Use of the services offered by Chicisimo.
The User agrees to use the services offered by Chicisimo in compliance with current legislation, the General Conditions, the Special Conditions, and other warnings and instructions to his/her knowledge and with morals and generally accepted good customs and public order.
The User is solely responsible for the information contained in his/her personal profile and personal information provided through several ways of communication with other users provided on the website and should be aware of the possibility of being viewed by third parties, or even being published on several forums, websites and social networks throughout the Internet.
The User shall refrain from using any of the services offered by Chicisimo with illegal purposes, or prejudice the rights and interests of the rest of the Users, third parties or Chicisimo.
As part of Chicisimo service, we will keep you informed by e-mail about the better looks, news and information about these on a daily basis or with longer intervals.
In order to receive said newsletters its not necessary to fulfill registration in Chicisimo, you need only provide us with your e-mail adress. Your personal data will only be treated with the purposes foreseen in the present document.
Should the user no longer wish to receive the newsletters, he can follow the procedure provided in the bottom of each one of them, or disable the setting in her personal Chicisimo profile, in applicable.
7. Content provided by users
The User may express opinions or provide content through whatever available ways in order that other Chicisimo Users or visitors can access and use them. This content may be in the form of images, texts, reviews, photos or videos related to fashion.
The User shall be solely responsible for the content they provide to Chicisimo and / or transmit to other Users. In this regard, the User guarantees that he/she owns the rights to of intellectual property necessary to publish and make available to other Users and visitors toof the contents provided to Chicisimo, including photographs. Likewise, the User warrants that he/sheit has the right to grant and does grant a license for free, throughout the time allowed by law, non-exclusive, worldwide, free of charge, to use, copy, perform, display, distribute content through the website or mobile application and make derivative works or incorporate the content into other works, and to grant and authorize sublicenses of the foregoing. In essence, the license in the foregoing sentence authorizes Chicisimo to make the Users ‘looks’ available to fashion lovers all over the world, so they can enjoy these looks. But to be clear: your content is yours! You can delete your pictures, easily and at any time, and we will never sell your pictures.
In particular, and merely indicative and not exhaustive, the User agrees not to transmit, distribute or make available to third party contents that:
- in any way is contrary, disparage or undermines fundamental rights and public freedoms recognized in the Constitution, international treaties and other legislation
- induce, incite or promote criminal, slanderous, libelous or violent actions or, in general, contrary to law, morality and generally accepted principles or public order
- induce, incite or promote actions, attitudes or thoughts on discrimination because of sex, race, religion, creed, age or condition.
- incorporate, make available or provide access to products, components, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted principles or public order.
- lead or may lead to a third party to an unacceptable state of anxiety or fear.
- are protected by any rights of intellectual property belonging to third parties without the User having previously obtained the owner’s permission to carry out their use.
- are contrary to the right to honor, personal and family privacy or image of the people.
- violate the rules set on the secrecy of communications.
- are related to the advertising of sites being the competence of Chicisimo or its advertisers.
- being unlawful advertising, deceptive or unfair.
- contains viruses or other elements that may damage or impede the normal operation of the network, system, or computer equipment of Chicisimo, third parties, or other Users.
- provoke for its characteristics (such as format, length, etc..) difficulties in the operation of services; Chicisimo reserves the right to withdraw from Chicisimo all the contents that are inconsistent with these Terms and Conditions and / or current legislation. In no event Chicisimo shall be required to justify the removal of content from Chicisimo to the User.
The User shall not access the content using programs, facilities or procedures other than the ones at their disposal for this purpose, depending on the case.
Chicisimo is in no case responsible for the content or views expressed by a User on the website or mobile app although undertakes to remove offensive, defamatory or offensive comments once is aware of their existence.
Chicisimo reserves the right to remove any content that may be regarded as a joke, mockery or parody of third parties.
8. Intellectual Property.
All trademarks, trade names, logos, signs of any kind that appear in Chicisimo are property of Chicisimo or third parties and cannot be understood that the use and access to Chicisimo and the use of its services grants the user any right over any trademarks, trade names, logos and logotypes.
Also, content that is intellectual property of third-parties or Chicisimo may not be understood as being granted to User, under the provisions of these General Conditions, any right of exploitation that exist or may exist on this content beyond what is strictly necessary for the proper use of Chicisimo services. The only intellectual property rights that are granted to User are inherent in using the services of Chicisimo, in any case commercial use is prohibited.
9. Disclaimer of warranties and liability
9.1. Disclaimer of warranties and liability for the operation of Chicisimo and its services
Chicisimo does not guarantee the availability and continued operation of Chicisimo and its services. Chicisimo give warnings prior to disruptions that might occur in the operation of Chicisimo and its services, whenever possible. Chicisimo does not guarantee the usefulness of Chicisimo and its services to perform any specific activity, nor its infallibility and, in particular but not exclusively, that Users can effectively use Chicisimo and services.
Chicisimo excludes, with all the extent permitted by law, any liability for damages of any kind that may be due to lack of availability or continued operation of Chicisimo and its services, or the theft of the utility that Users can attribute to Chicisimo and its services, the reliability of Chicisimo and services and, in particular but not exclusively, the failures in access to different web pages that configure Chicisimo.
9.2. Disclaimer of warranties and liability for software operation, in relation to content, possibility of viruses and effectiveness of security measures.
Chicisimo does not guarantee:
The absence of errors or defects in the software and contents offered on Chicisimo.
The absence of viruses and / or any other harmful components.
The total effectiveness of security measures taken by Chicisimo.
Chicisimo excludes, with all the extent permitted by law, any liability for damages of any kind that may be due to software errors, or content, or the presence of viruses that can cause alterations in the computer system, electronic documents or typographical errors.
Chicisimo does not guarantee the legality, reliability and usefulness of its contents. Chicisimo excludes, to the extent permitted by law, any liability for damages of any kind that may result from the transmission, circulation, storage, provision, receipt, acquisition or access to content, particularly but not exclusively, for damages that may result from:
The lack of truthfulness, accuracy, completeness, relevance and / or timeliness of the content.
The unsuitability for any purpose and the disappointment of the expectations generated by the contents.
The failure, delay in performance, defective performance or termination for any reason of the obligations assumed by third parties and contracts with third parties through or in connection with access to the contents.
The faults and defects of any kind of content transmitted, distributed, stored, made available or otherwise transmitted or made available, received, obtained or which have been accessed through Chicisimo or its services.
9.3. Disclaimer of warranties and liability for the services provided by third parties through Chicisimo
Chicisimo does not control or guarantee the absence of viruses or other elements in the services provided by third parties through Chicisimo that may cause alterations in the User’s computer system.
Chicisimo excludes any liability for damages of any kind that may result from the presence of virus or other harmful elements in the services provided by third parties through Chicisimo that may cause alterations in the User’s computer system.
Chicisimo does not guarantee the legality, reliability and usefulness of services provided by third parties through Chicisimo. Chicisimo excludes any liability for damages of any kind that may result from the services provided by third parties through Chicisimo.
9.4. Disclaimer of warranties and liability for the use of Chicisimo, its services and content by Users
Chicisimo does not guarantee that the users use the services and content in compliance with the General Conditions. Chicisimo does not guarantee the accuracy of the information that users provide about themselves on their profile.
Chicisimo excludes any liability for damages of any kind that may result from the use of services and content by users that may be due to lack of accuracy, validity, or authenticity of the information that users provide to Chicisimo, in particular but not exclusively, for damages of any kind that may be due to the impersonation of a third party by a User in using the services provided through Chicisimo.
10. Complaint to Chicisimo.
In the event that any user, visitor or third party considers that there are facts or circumstances revealing the illegality of any content on Chicisimo or in its use must contact Chicisimo through either firstname.lastname@example.org or through the contact details listed in Chicisimo and in the General Conditions, showing:
the claimant’s personal data (name, address, telephone number and email address)
the unlawful activity carried out in Chicisimo and the grounds there of to reveal the illicit nature.
11. Withdrawal and suspension of the services
Chicisimo is entitled to the withdrawal and suspension of the services with prior notice of one month in advance. Also, and with no prior notice Chicisimo can proceed to cancel the account, of the Users that breach these General Terms and Conditions.
12. Duration and termination
The services provided by Chicisimo through Chicisimo are, in principle, indefinitely. However, Chicisimo is authorized to terminate or suspend its services at any time, without prejudice to any provisions in this regard in the relevant Special Conditions. In any event, if possible, Chicisimo by prior notice will communicate the termination or suspension of any service or all of them.
Chicisimo complies in the processing of personal data from its users with the current legislation in Spain and the European Union, in particular with the Data Protection Act and its implementing regulations. For this, it places the necessary technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access and theft of personal data provided, given the state of technology, the nature of the data and the risks they are exposed to.
Chicisimo has adopted the security levels of protection of personal data required by implementing regulation of Law 15/1999, on protection of personal data (Royal Decree 1720/2007). Also, we try to install any other ways and additional technical measures to prevent the loss, misuse, alteration, unauthorized access and theft of personal data provided.
In the User registration process, you must choose a password. As a User you are responsible for maintaining the confidentiality of your password and all activities that occur in the session started with your username and password. The User agrees to notify Chicisimo as soon as possible with the unauthorized use of his/her username and password or any other breach of security. Chicisimo and its corporate officers shall not be liable for any damages or losses that may result due to non fulfillment of this obligation on their part.
You can register on Chicisimo using your Facebook or Twitter username and password, or directly through the registration page on Chicisimo. When you register on Chicisimo through these social networks, you must be aware that these social networks are providing Chicisimo some of your personal information, as informed in the clause corresponding to the registration. When you use your Facebook or Twitter username and password to access Chicisimo, it is understood that you agree that this personal data mentioned above is provided to Chicisimo.
You can also access Chicisimo giving us just your email. However, you must choose a password to have a complete profile and be able to use the functionalities of Chicisimo.
The data will be stored in a personal data file which is the responsibility of Chicisimo and is duly registered at the Spanish Agency of Data Protection. The communication of personal data implies the acceptance of the User to its inclusion in the automated file.
Chicisimo will use your personal data in order to enable your participation in the social network, keep you informed about the latest looks and send you communication related to the provision, improvement and updating of the services.
Chicisimo will not assign personal data you have provided to any third party, except where such assignment has been expressly consented by you.
Additionally, we can treat you personal data with the purpose of providing you services or managing your participation in activities such as giveaways, sweepstakes or promotions in which you ask for your participation.
To exercise your rights of access, rectification, opposition or cancellation, please contact Chicísimo, at Calle Henao 14, 4 derecha, 48009 Bilbao, or send an email to email@example.com
It is possible that the data you provide to Chicisimo, including photographs, are indexed in search engines such as Google. Therefore, when registering at Chicisimo, you can choose to use your name (in this case, your photos can be found if someone does a search of your name on Google or other search engines) or a nickname or pseudonym.
In any event, Chicisimo shall not be responsible for the information displayed by the search engines.
Chicisimo participates in some social networks in order to stay in touch with our users and to keep you informed, and its possible for any image to be visible through these social networks using the links to Chicisimo shown in the pictures.
Chicisimo allows users to post pictures. As stated in the department regarding user provided content, you own your content. You can delete your pictures easily, at any moment, and Chicisimo will never sell your pictures. Such pictures have the sole purpose of sharing user’s looks with other users and/or third party through our website or other websites, social networks, blogs or publications. Take into account that pictures uploaded to Chicisimo can be commented upon by third party, Chicisimo not being liable in any case for such comments.
The user will be responsible and owner of the pictures uploaded to Chicisimo, the acceptance of these Terms not entailing a transfer of ownership of said pictures notwithstanding. The user is responsible for said pictures.
The main goal of Chicisimo is the sharing of looks with others, as well as facilitating user’s looks, and the users themselves, being discovered and known by people interested in fashion. Therefore posting images uploaded to Chicisimo and sharing them on other social networks, blogs or websites (national or international) as well as on mobile applications, among other media, is intrinsic to the aim of the website. Therefore, by posting your looks, you consent them being displayed through Chicisimo and through other websites, social networks or published on blogs or fashion publishings, or even mobile applications.
Every time one of your looks is displayed in such media, they must link to the original page containing your look in Chicisimo (or to your profile in Chicisimo), and they must link to your blog as well (only in the event you have one, and you have stated it in the corresponding section in Chicisimo). Currently we don’t have a system that allows us to prevent some looks from being shared in the forementioned media while others are not. In the event that you do not wish your pictures to be shared in other blogs, social networks or third-party webpages or mobile applications, please send us an email to firstname.lastname@example.org in order to give you access to this functionality as soon as we have it, and meanwhile, please restrain from sharing your pictures in Chicisimo. We will never sell your picture to third-party webpages or online/offline applications whatsoever.
With the acceptance of this legal notice you agree for the whole of the images uploaded by you to Chicisimo to be published in said media, to which extent you submit a non-exclusive license to publicly reproduce, distribute and communicate the images uploaded to Chicisimo. Such images can be used in the stated terms in this department as long as they are present in Chicisimo, therefore by unsubscribing or removing a given look from the website will entail the termination of the cession of such rights. As mentioned in others sections, you can remove your pictures easily and at any time.
The pictures posted by users can be removed at any time by the user through your account settings. All the photographs provided by the user on Chicisimo will be removed when the user unsubscribes from the social network.
The publication of photographs showing people other than the user is prohibited, unless it has the approval of people appearing in the picture and can be proved.
In any case, the publication of photos of children under 14 is not permitted.
Chicisimo may use your contact data in order to send you own or third-party advertising that may be of interest if you consent to it.
Chicisimo will send you advertising about the services of other companies in the sectors of entertainment, fashion, computer games, culture, insurance, financial services, home care and consumer goods only in the event that you have requested the sending of advertising by checking the appropriate box.
In order to provide offers, products or services of your interest we will proceed to analyze the information provided by you in your profile to provide information only in accordance with your interests. The agreement to receive such advertising implies your consent for the processing and analysis of the data you provided in your profile.
At any time you can modify the sending of Chicisimo’s commercial communications or cancel or apply, by emailing to email@example.com
This analysis of your profile will not occur if you do not agree to receive advertising.
14. Applicable law
These General Conditions are governed by the laws of the Kingdom of Spain. The interpretation and resolution of any conflicts that may arise from User’s participation in Chicisimo services is subject to the Spanish Courts of Bilbao.
Chicisimo site and mobile apps are owned by Chicisimo S.L. whose professional address is at Calle Henao 14, nº 4, 4ºD Bilbao, Spain and with CIF number B-95617718. Email firstname.lastname@example.org
September 6th, 2012