General Conditions of Use
The HISOCIAL platform is an online application which enables third party companies to publish promotions of various types on different websites.
To participate in the promotions offered by these third party companies on the HISOCIAL platform, the user must NOT make any form of payment or monetary contribution.
Any third party companies interested in using the HISOCIAL platform can sign up to it through the Hisocial.com website.
The terms provided below will have the following meaning in these General Conditions of Use (henceforth, "the General Conditions"):
- “HISOCIAL”: Refers to both the HISOCIAL platform and the website Hisocial.com.
- “Promoters”: Refers to the third party companies that use HISOCIAL platform to offer their promotions.
- “Visitors” or “Users”: Refers to the people who visit the Hisocial.com website or who participate in the promotions which are offered through the HISOCIAL platform.
HISOCIAL is owned by CANAL IP NETWORK, S.L. (C.I.F. B-60678760), with its registered offices at unit 1, 41-43 calle Castella, Barcelona, Spain and registered in the Barcelona Commercial Registry, Volume 27697, Folio 83, Page B-120931, Entry 3ª, on 28 October 1994. Tel: +34 93 303 68 70 E-mail:
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These General Conditions govern the access and use, by users and promoters, of HISOCIAL. By accepting these General Conditions, the user or promoter confirms that:
a. They have read and understood what is outlined herein.
b. They are a person with sufficient capacity to sign up.
c. If they are acting in representation of a legal person, they have sufficient and valid powers for this.
d. They assume all the obligations outlined herein.
The use of HISOCIAL implies acceptance of all the terms included in these General Conditions. Users and promoters must read these General Conditions carefully every time they access HISOCIAL, as the site and these General Conditions are subject to modifications.
CANAL IP NETWORK, S.L. reserves the right, at any time and without notice, to make modifications or updates to its content and services; these General Conditions and, in general, all the elements included in the design and configuration of HISOCIAL.
Modification of these General Conditions will not affect any goods or promotions which may have been purchased prior to said modification.
2. Conditions of Use
2.1. Need to Register
As a general rule, to access and browse the content of HISOCIAL prior registration is not necessary. Nonetheless, use of specific services and content may be subject to the prior registration by the user or promoter.
Any information entered by users and promoters must be accurate, valid and truthful. The registered user or promoter will be responsible at all times for the safe-keeping of their password, and shall be responsible for any damages which may result from its improper use, as well as the transfer, disclosure or loss of the same. To this effect, access to restricted areas and/or use of the services and content performed under the password of a registered user or promoter will be considered to have been performed by said registered user or promoter, who will be held responsible in all cases for said access and use.
2.2. Rules for use of the Website
The users and promoters agree to use HISOCIAL and all its content and services in accordance with the provisions of the law, morals, public order and these General Conditions. In addition, they agree to use the services and/or content of HISOCIAL in an appropriate way and not to use them to carry out any illegal activities or those which may constitute a crime, which threaten the rights of third parties and/or violate the regulation on intellectual and industrial property, or any other applicable legal regulations.
The users and promoters agree not to transmit, add, distribute or make available to third parties, any type of material or information (data, content, messages, drawings, sound and image files, photographs, software, etc.) which may be contrary to the law, morals, public order or these General Conditions. By way of example, but by no means limited to or excluding, the users and promoters agree to:
I.- Not add or distribute content or propaganda of a racist, xenophobic or pornographic nature, or which justifies terrorism or threatens human rights.
II.- Not add or distribute on the network any data programs (viruses and harmful software) which may cause damage to the computer systems of the access provider, its providers or third parties which use the Internet network.
III.- Not distribute, transmit or make available to third parties any type of information, element or content which threatens the fundamental rights and public liberties recognised constitutionally and in international treaties.
IV.- Not distribute, transmit or make available to third parties any type of information, element or content which constitutes illicit or illegal publicity.
V.- Not transmit unwarranted or unauthorised publicity, advertising material, "junk mail", "chain letters", "pyramid structures", or any other form of solicitation, except in areas (such as commercial spaces) which have been exclusively designed for this purpose.
VI.- Not add or distribute any false, ambiguous or inaccurate information which may mislead those who receive it.
VII.- Not impersonate other promoters or users by using their registration details for different services and/or content of HISOCIAL.
VIII.- Not distribute, transmit or make available to third parties any type of information, element or content which may be considered a violation of the intellectual and industrial property rights, patents, brands or copyright which correspond to the owners of HISOCIAL or third parties..
IX.- Not distribute, transmit or make available to third parties any type of information, element or content which may be considered a violation of the secrecy of communications and personal data legislation.
X.- Not use any software, script or automated process aimed at fraudulent use of Hisocial.
XI.- Not carry out any type of promotion related to:
1. Alcohol, smoking or weaponry products.
2. Content which endangers the rights of third parties of any nature.
3. Bets, casinos and similar.
4. Illegal activities, pyramid schemes, content that is fraudulent or misleading to the user.
5. Content which may incite hatred or violence, be threatening, defamatory or pornographic..
6. Promotions aimed at individuals residing in any country or region where there are legal restrictions in this respect.
The users and promoters The users and promoters agree to hold CANAL IP NETWORK, S.L. harmless in the event of any potential claim, fine, penalty or sanction which it may be obliged to incur as a result of failure by the users and promoters to comply with any of the rules relating to use indicated above. In addition, CANAL IP NETWORK, S.L. reserves the right to request compensation for any corresponding damages and losses.
CANAL IP NETWORK, S.L reserves the right to cancel or terminate any account without any previous notice or compensation of any kind, to any user or promoter who does not meet the above standards.
2.3. Exclusion and limitation of Responsibility
CANAL IP NETWORK, S.L. shall not assume any responsibility for potential outdated information, nor shall it guarantee the accurate or complete nature of the information published. Therefore, users and promoters must confirm that the information published is accurate and complete before making any decision related to any service or content described on HISOCIAL.
The access of users and promoters to HISOCIAL does not involve, for CANAL IP NETWORK, S.L., the obligation to control the absence of viruses, worms or any other harmful IT elements. In any case, a range of suitable tools is available to users for detecting and disinfecting harmful computer programs.
CANAL IP NETWORK, S.L. will not be held responsible for any damages which occur to the software and computer equipment of the users and promoters during use of the services provided on HISOCIAL, or for damages or losses of any nature which occur to the users and promoters which may derive from failures or disconnections on the telecommunications networks resulting in the suspension, cancellation or interruption of the HISOCIAL service during the provision of the same or prior to it.
CANAL IP NETWORK, S.L. refuses any responsibility for potential disputes which occur between the users and promoters of HISOCIAL. The users and/or promoters are solely responsible for the opinions and/or information they express on HISOCIAL, expressly excluding CANAL IP NETWORK, S.L. from any potential responsibility in this respect.
CANAL IP NETWORK, S.L. declines any responsibility for the promotions and prizes which the promoters publish on HISOCIAL. In this respect, CANAL IP NETWORK, S.L. acts as an IT support for information provided by third parties, and shall therefore not guarantee or be held responsible in any way for the truthfulness, availability, exhaustiveness, quality, suitability or relevance of said information. CANAL IP NETWORK, S.L. shall not become involved under any circumstances in the relationship that you establish with third parties and expressly declines any responsibility in this respect.
CANAL IP NETWORK, S.L. is not involved in any way in choosing the winners of contests and sweepstakes, nor does it offer an online or offline platform for the selection of winners.
Data storage: CANAL IP NETWORK, S.L. will make every effort to perform periodic backups. However, due to the fact that the success of this process depends on the equipment, software and services over which we have limited control, the promoters and users accept that CANAL IP NETWORK, S.L. shall not take any responsibility for deletions or errors when saving any data or other content or communication related to the promotion and, if this occurs, shall not give them the right to any type of claim or compensation.
Interruption: CANAL IP NETWORK, S.L. may, from time to time, need to interrupt the services for maintenance and other operational reasons, as determined at its sole discretion. The promoter or user shall not receive any compensation or reimbursement for said interruptions, expressly accepting to hold harmless CANAL IP NETWORK, S.L., its employees, distributors or shareholders for any claim, compensation or reimbursement for potential damages or losses which arise in relation to these interruptions.
In the event that the contractual responsibility of CANAL IP NETWORK, S.L. is declared for failure to meets its obligation of care when providing services contracted by a user or promoter through HISOCIAL, the maximum amount of compensation to which CANAL IP NETWORK, S.L. would face would be equivalent to the last service quota satisfied by the affected party. Under no circumstances shall CANAL IP NETWORK, S.L. assume any responsibility with any expectations or future gains, potential loss of profits or consequential damages.
2.4. Content and services linked through the Website
HISOCIAL offers access to other external sites (henceforth, "Linked Sites"). In these cases, CANAL IP NETWORK, S.L. shall only be responsible for content and services provided on the Linked Sites to the extent that it is actually aware of the illegality and has not deactivated the link with due diligence. In the event that users or promoters believe that a Linked Site exists with illicit or unsuitable content they may notify CANAL IP NETWORK, S.L., in any case this communication involves the obligation to remove the corresponding link.
Under no circumstances, should the existence of Linked Sites assume the formalization of agreements with those responsible or who own the same, or recommendation, promotion or identification of CANAL IP NETWORK, S.L. with statements, content or services provided.
CANAL IP NETWORK, S.L. is not familiar with the content and services of the Linked Sites and therefore shall not be held responsible for any damages caused by the illegality, quality, failure to update, unavailability, error and uselessness of the content and/or services of the Linked Sites or for any other damages which are not directly attributable to CANAL IP NETWORK, S.L.
2.5. Intellectual and industrial property
All the content of HISOCIAL, including but not limited to, texts, photographs, diagrams, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of CANAL IP NETWORK, S.L. or of third parties, and none of the operating rights recognized by the current legislation relating to intellectual property over the same may be understood to be transferred to users or promoters.
The trademarks, trade names or distinctive emblems are the property of CANAL IP NETWORK, S.L. or of third parties, and it may not be considered that access to HISOCIAL confers any right over the same.
For all the content published freely by the promoters or users on HISOCIAL, which includes texts, drawings, videos, photographs and any commentary, opinion or description (henceforth "the Content"), these parties freely grant a licence of use to CANAL IP NETWORK, S.L. without any limitations in terms of time or geographical scope. Based on said license, CANAL IP NETWORK, S.L. may freely exploit the rights of reproduction, transformation, distribution and public communication of the Content, solely for the purpose of being able to provide the services requested by the users and promoters, and promote the use of HiSocial.
The promoters or users must only publish Content on HISOCIAL which they have created themselves and/or have the necessary property rights. If this is not the case, they must have obtained the necessary exploitation rights in advance to be able to publish the Content on HISOCIAL.
3. Specific stipulations aimed at promoters
The promoters accept and expressly declare when contracting or using HISOCIAL, that CANAL IP NETWORK S.L. does not sponsor, supervise, guarantee or administrate in any way the promotions and prizes that they carry out, nor is it associated to them or their company and it has no responsibility of any kind for any complaint of any nature about the promotions and prizes performed.
The promoters will be solely responsible for the legality, suitability, truthfulness and accuracy of the promotions and prizes which they carry out and the content associated to them. The promoters agree to hold CANAL IP NETWORK, S.L. harmless for any claim or demand that CANAL IP NETWORK, S.L., its employees, distributors or shareholders receive, related to the promotions carried out by the promoters or content or prizes associated to them.
Promoters undertake to use personal information of the users obtained using Hisocial in accordance with the provisions of this document, and the legislation regarding protection of personal data applicable to them.
Promoters who make promotions through Hisocial expressly allow CANAL IP NETWORK S.L to publish on CANAL IP NETWORK S.L sites, and on any other advertising material that eventually CANAL IP NETWORK S.L makes, the name of the promoters and a brief description of the results obtained.
Promoters authorize CANAL IP NETWORK, S.L SL to publish the promotions they have done, either on Canal IP Network s.l.sites and social accounts, and on third party sites.
4. Specific considerations relating to Facebook
The HISOCIAL platform may be used on Facebook, but the following considerations will be taken into account:
1. CANAL IP NETWORK, S.L. does not have any affiliation or trading relationship of any kind with Facebook.
2. Facebook does not sponsor, guarantee or administrate in any way any type of promotion, nor is it associated to it. Your information is being provided to the promoters and/or Canal IP Network and not to Facebook. The information which you provide will only be used for the purposes specified in this legal notice and in HiSocial's Privacy Policy.
3. When the HISOCIAL platform is used in the Facebook environment, the regulations of Facebook will be taken into account, especially, but not limited to:
http://www.facebook.com/privacy/explanation.php
http://www.facebook.com/terms.php?ref=pf
http://developers.facebook.com/policy/
http://www.facebook.com/promotions_guidelines.php
http://www.facebook.com/ad_guidelines.php
4. The promoters are solely responsible for compliance with the rules of Facebook promotions
5. Signing up to services aimed at promoters
In the current launch phase (beta phase), some of the services offered by Hisocial are free of charge. If in the future a decision is made to charge for these services, the promoters will be notified in advance, in that case that they may continue to use the promotions that they are currently running until they come to an end and then voluntarily decide if they would like to sign up to the payment plans offered for new promotions. In the beta phase, promotions can have a maximum duration of one month.
To sign up to these services for free during the beta phase, the promoter must register by filling in their details on the registration form. A confirmation email will be sent to the email address provided with a link and details for accessing its administration panel.
6. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared fully or partially null or ineffective, said nullity or ineffectiveness shall only affect said provision or the part of the same which is rendered null or ineffective, and these General Conditions shall subsist in all their other clauses, with that provision being considered fully or partially disregarded.
7. Applicable legislation and competent jurisdiction
These General Conditions shall be governed and interpreted in accordance with Spanish legislation. CANAL IP NETWORK, S.L. and the users and promoters agree to submit any controversy which may arise from the provision of the products or services to which these General Conditions apply, to the courts of law of the city of Barcelona, Spain, unless otherwise declared by law.
To view Hisocial's Privacy Policy click on Privacy Policy
