The present document establishes the General Conditions of Use for the people who enter the internet sites www.visitoons.com, www.visitoonschat.com y www.visitoonsmix.com and sites property of Visitoons, Inc. from this point forward called Visitoons .
All persons that use the services offered by these sites will automatically and unavoidably fit into the user character, and as a consequence will assume all the responsibilities that such character imposes, which are described as follows.
In any case, Visitoons reserves the right to deny access and services at any time and without any previous notice, to those users that do not abide by these general conditions or the particular conditions that apply to them.
» Objective and modification of conditions
The sites run by Visitoons Visitoons have as an objective to provide users with a service that could be free as a chat application. Likewise, one of the sites objectives is to offer the users different products and/or services advertised by Visitoons and third parties.
In any case, Visitoons reserves the right to modify or terminate the content, structure, design, services and conditions of access and/or use of these sites and services offered within this registered sites, at any time and without any prior warning, whenever they find it appropriate.
» Free access
The access to the contents offered by the sites is free. The user should, in some cases, register to enjoy the benefits of the site’s services. This free of charge policy will not extend under any circumstance to the use of other services and/or products of Visitoons and/or third parties, which use is conditioned upon payment of a price by the user. In such cases, subscription to their respective contract, in which each of the parts will establish the commercial terms, will be necessary.
» Acceptable use
The user is required to use the services and contents offered by the sites, in accordance with current and applicable government rules and regulations of use as well as the present Terms and Conditions of Use, instructive and other notices published on the sites and that have as a purpose to offer the user help on how to act and proceed, use the services offered and advertised within, also to the principles of good faith generally accepted and to not violate public order through these sites.
Therefore, it is hereby strictly forbidden to use these sites with illegal intent or in a manner that could damage, prevent, harm or overburden in any way, the use and normal working order of the sites and/or other related sites or become, in any direct or indirect way, a threat against themselves or any third parties.
The user agrees not to communicate, spread or make available, through the sites services and/or other related sites to third parties, any contents that (a) could infringe or cause a threat against the fundamental rights and public liberties within a constitution, international treaties and the law; (b) could lead, encourage or promote criminal, degrading, slandering, vilifying, violent actions or as a rule, against the law, moral codes and norms of good behavior and public order; (c) could lead, urge or promote discriminatory actions, positions or ideas because of gender, race, religion, beliefs, age or condition; (d) could involve, make available or allow access to products, elements, messages and/or criminal, violent, pornographic, degrading or generally unlawful services, against the law, moral codes and rules of conduct and public order; (e) lead or could lead to an unacceptable state of anxiety or fear; (f) could lead or urge to get involved in dangerous, risky practices, or a dang er to health and sanity; (g) if the contents are false, ambiguous, wrong, exaggerated or untimely, in a way that could lead to error about its objective or the intentions or purpose of the engaging party; (h) if they are protected by any copyright or Industrial property rights belonging to third parties without obtaining the necessary authorization previous to the current or future of such content; (i) if a trade secret of a third party is infringed; (j) if they go against the right of honor, personal and family privacy or detrimental to the image of the persons; (k) if they infringe the rules of engagement regarding the privacy of communications; (l) if they are illegal, misleading or unfair advertising, or constitute unfair competition; (m) if they involve a virus or other physical or electronic elements that could damage or impede the normal running of a network, system or computer program and files stored in such telecommunication equipment (hardware and software) belonging to third parties.
Visitoons is under no obligation to control, and does not do so, the contents transmitted, broadcasted or made available to third parties by users through this service. Nevertheless, Visitoons reserves the right to check at any time and without any prior warning, by their own will or at the request of others, contents transmitted, broadcasted or made available by third parties that, in their opinion, go against what is stipulated in this General Conditions.
It is forbidden the recording, distribution, transmition, adaptation or modification, by any means and in any way of the contents of the sites (including without limiting to texts, design, graphics, information, database, sound and/or image files, logos) and other elements from this site, unless previous authorization from their legitimate owners or when thus allowed by law.
It is therefore forbidden in regards to the contents detailed beforehand, any commercial and advertising use, different to the one strictly allowed, and the general infringement of any right stemming from them.
Users wishing to establish a link between their website and Visitoons sites must abide to the following conditions.
- Under no circumstances it could be implied that Visitoons Visitoons authorizes such link or has supervised or taken over the services/contents offered by the website where the link originates from.
- Express false, incorrect or otherwise inexact opinions or references about the pages and services of Visitoons .
- Include contents against the rights of third parties or contrary to moral codes and rules of conduct, or contents about illegal information.
- The existence of a link between a website and the sites owned by Visitoons does not imply any type of relationship between the owner of such website and Visitoons or the approval by the latter of any of its contents and services.
The user will be the sole responsible for the use of this site and the compliance to these General Conditions as a whole. As a consequence, the user agrees to keep his/her access code, password or similar data to access the site or any of its services a secret, and should be treated as confidential and reserved information, being him the sole responsible for any damages of any nature derived from any abuse done by himself or any third party, against the user himself, considering this a consequence of his own negligence, as well as the damages that could be suffered by Visitoons as a consequence to the noncompliance to these General Conditions.
The user authorizes Visitoons to offer its information and promotional communication services from its own sites. If the user does not want to receive this type of information, he/she will be able to revoke consent at any time by canceling registration.
In the case of an infringement of these General Conditions it could lead to civil or penal out of court or legal proceedings, against the user.
» Exclusion of guarantees and liability
Visitoons does not guarantee or take responsibility, in any case or circumstance, of the following facts and contents or any damage that could stem from them:
Lack of Web connectivity, continuity, access, maintenance or correct working order and/or its services or upgrading, accuracy, thoroughness, relevance and reliability of its contents, whatever may be the cause of such difficulties or technical problems or their nature.
The spread or existence of a virus, other elements or programs damaging to the computer equipment of the user that could be affected as a consequence of the access, use or testing of the sites and/or their services that could produce alterations in their electronic documents or data base.
The illegal, negligent, fraudulent use, impersonating of a third party or against the content of the general conditions, the principles of good faith, the uses normally allowed or the public order, the Web, its services and contents, by the users.
To the exception of those signs that are part of the link, the web page that establishes the link will not have any brand, commercial name, business title, denomination, logo, slogan or any other distinctive label belonging to Visitoons .
The violation and infraction of the law, customs and usage regarding copyright, Industrial property rights, business or contract confidentiality, privacy, honor, ownership, advertising, competitive image laws affecting a third party, amongst others.
Defects or faults in the contents and/or services accessed through our sites.
The reception, storage, obtainment, broadcasting or transmition by the users of the contents of the sites.
The knowledge of any information that could be owned or used by third parties not authorized or the characteristics or circumstances of the use of the contents and services of the sites by the users.
The failure to comply with the obligations stemmed from or contracted by in relation to the services rendered to third party users through the sites, as well as the lack of quality, reliability , offer suitability, legality, usage and availability of the services rendered by third parties and made available to users of this sites.
The previous listing is of a mere stating nature and in no circumstances exclusive or excluding of any of its points. In all cases, Visitoons is not responsible for the damages of any nature stemmed directly or indirectly from their sites or any other of similar characteristics.
» Links
The sites include within their contents, links to other sites belonging or administered by third parties with the object of providing access to available information through the internet.
Visitoons takes no responsibility for links between their and other sites, or of any mention of contents belonging to other sites. Such links or listings´ only purpose is to inform and in no circumstances imply the support, approval, marketing or relation between Visitoons and the people or entities owners or in charge of such contents or the owners of the sites where they are found.
Users are made responsible for the access and use of contents, services and are obligated to use maximum diligence and caution when accessing or using the contents or services of the sites accessed through the above mentioned links.
» Copyright and Industrial Property
The text, design, images, database, logos structure, brands and other elements of this site are protected by the laws and international treaties of copyright and Industrial property rights. Any reproduction, transmission, adaptation, translation, modification, public broadcast, or any other exploitation of the whole or part of the content of this site, in any way or form or by any means of communication, electronic, mechanic or other, is strictly prohibited except with the previous authorization, in writing, by Visitoons . Any infringement of these rights could lead to relevant, civil or penal, out of court or legal procedures.
Visitoons does not give license or authorization to the use of any kind over their copyrights or Industrial property rights or over any other property or right related to their sites, services or the contents involved.
The legitimacy of the copyright and Industrial property rights are relevant to the contents contributed by third parties is their own responsibility.
» Procedure in the event of copyright infringement
In the event of any user or a third party considering any of the contents used by our sites contribute to an infringement of their copyrights, they must send a notification to Visitoons including the following data: (a) personal data; name, address, telephone number and e-mail address of the claiming part; (b) the genuine signature or equivalent, with the personal data of the copyright holder whose rights are allegedly infringed or of the person authorized to act on behalf of the copyright holder; (c) precise and complete description of the contents protected by the copyright allegedly infringed and their location on the sites (d) An express and clear declaration that the contents have been used without the consent of the copyright holder whose rights are allegedly infringed; (e) express, clear declaration, under the responsibility or the claiming part, that the information provided in the notification is exact ant the introduction of the contents constitutes an infringement of their copyright. These notifications must be sent to the Administration Department through the contact page of the site www.vistoons.com.
» Limited licenses
Visitoons authorizes the users to the use of the copyright and Industrial property rights and the business secrecy related to the script installed in their domain, only to use the sites services according to the established in these General Conditions. Visitoons does not allow any other license or use authorization of any kind over their copyright and Industrial property rights, business secrecy or any other ownership right related to the sites, the services or the contents.
»Refusal and withdrawal of access to site or services
Visitoons reserves the right to refuse or withdrawal access to the site and/or services, at any time and without any previous notice, by their own initiative or at the request of a third party to those users who do not fulfill these General Conditions or the Particular Conditions that stem from their use.
» Duration and termination
The provision of the site’s and other services has an indefinite duration. Nevertheless, Visitoons is allowed to terminate, suspend or interrupt at their own accord, at any time and without any prior warning the provision of the site’s or other services, without detriment to the stipulated in the Particular Conditions.
» Cookies
Visitoons uses cookies when the user surfs the sites and Web pages of their sites or related ones. Our cookies are associated only with anonymous users and their computer equipment and do not offer references that allow the disclosure of the name and last name of the users. The cookies on Visitoons cannot read data from user’s hard disk or the ones created by other providers. Visitoons encrypts the ID data of the user to enhance security. These cookies allow Visitoons to recognize the registered users after they first register without having to register on each visit to access the areas and services reserved exclusively for them. Users have the possibility to configure their navigator in order to be warned on screen about the cookies receipt and to prevent their installation on their hard drive. Please, check your navigator’s instruction m anual to expand on this information. In order to use the sites, there is no need to allow the installation of cookies sent by Visitoons , this will not cause the user to register each time to a service that requires previous registration.
» Confidentiality and data protection
The user commits to supply truthful and accurate personal information on the sites´ registration form.
With the exception of the areas where is otherwise stated, the personal data questionnaire is voluntary and the refusal to answer such questions does not imply a loss of quality or quantity of the services provided.
Any personal data the user provides for the using of certain services and/or contents will be added to an automated data file registry.
Likewise, the user is hereby informed of the automated treatment which his/her data will undergo by Visitoons as a consequence of their application, usage, hiring of any product or service or any transaction or operation undertaken for marketing or service information from Visitoons as well as the maintenance of any connection, contractual or otherwise, with them.
The user is also hereby informed about the possibility to exert the rights of access, modification, cancellation and opposition. Visitoons guaranties that security measures are in place through their installations, systems and filling systems. Likewise, Visitoons guaranties the confidentiality of personal data.
Nevertheless, Visitoons will disclose personal data and any other information in their possession or that could be accessed through their systems if required by the relevant public authorities in accordance with applicable legal regulations. The user consents to his/her data to be accessed to the purpose described in the first paragraph and others with which Visitoons has collaboration agreements with and/or their suppliers. Likewise, the user accepts that Visitoons , their suppliers or other with collaboration agreements, may send information about themselves and/or any of their products, goods or services. Visitoons requires the users express authorization to proceed with the above mentioned. Acceptance can be withdrawn/revoked as before mentioned, without retroactivity effects.