GENERAL TERMS OF USE OF THE MOBIFRIENDS SERVICE

Definitions and abbreviations

a. MF: MOBIFRIENDS SOLUTIONS, S.L.
b. Platforms: the website www.mobifriends.com and the mobile site m.mobifriends.com
c. Web Platforms: the website www.mobifriends.com
d. Mobile Platform: the mobile site m.mobifriends.com
e. Users: People that access and use the website www.mobifriends.com and the mobile site m.mobifriends.com including registered and unregistered Users.
f. Public area: Those areas of the Platforms that have free access, not requiring any registering or identification processes.
g. Contact email address: Real email address of the registered User given at the beginning of the registering process, and that will only be used for the communications from MF. It will not be given to any third party.
h. Internal email: Messaging system used by registered Users to send messages between them. I can also be used by MF to send communications to registered Users.

1. TITULARITY
a. The website www.mobifriends.com, and the mobile site m.mobifriends.com are owned by MOBIFRIENDS SOLUTIONS, S.L., located in C/ Albigesos 25-27, Bajos exterior, 08024 Barcelona, and registered in the Registro Mercantil de Barcelona in Tomo 38216, folio 171, hoja B 323272, Inscripción 1, with C.I.F. B64032170 (VAT number).

b. You can contact MF by sending an email to mobifriends@mobifriends.com or from the "contact" area of the Platforms.

2. OBJECT
a. The present terms of use apply for the service given by MF from the website in www.mobifriends.com and the mobile site in m.mobifriends.com, as well as the general access to these platforms and all the services they include.

b. The MF includes the following:
  • Search of profiles of Users compatible with the User that performs the search
  • Internal communications between Users registered on the MF platforms: internal messaging, Chat.
  • Statistic about the communications held, searches, etc.
  • User lists management

2.1. Restriction of the recipients of the service
The services given from the MF platforms are directed to people with full legal ability to sign a contract and give consent for the treatment of personal data. Because of that the must be older that 18. This will be verified during the registering process by asking the user to acknowledge this by clicking on a checkbox stating "I am older than 18 and I am able to sign a contract".

3. SERVICE USAGE REGULATIONS
3.1. Service contracting procedure
A User must be registered to be able to contract any MF services. An unregistered User can still user the public areas of the Platforms.

3.2. MF obligations

a. Give the service described in the terms of use.

MF commits to give the MF service according to these terms of use. I could happen though that due to reason beyond MF's control or responsibility, and due to the nature of the Internet, and the participation of other parties in the communications between mobile devices (electronic communications network operators), some of the platforms used to provide the service are unavailable. In this case MF will not be responsible of the inability to give the services. MF commits to use all available means within its reach to have an interrupted service.

b. Controls to ensure a trusted environment

MF has implement a number of mechanisms to ensure a high level of quality in the services provide form their platforms, and the main goal is that Users enjoy a trusted and secure environment. Those are:

- Pre-Control:

• Anonymity: At the registration the following data is gathered: mobile telephone number and email address. We do not store the real name or surname. The data above stated will only be used by MF to communicate with the registered users. They will under no circumstances be given to third parties. Registered Users will be identified in front of other Users by means of an alias. This ensures that the registered User only communicates his identity when he/she feels safe to do so.

• Control of texts: With the aim of avoiding inappropriate contents, mobifriends makes available for its users the possibility of notifying about those contents identified as offensive or out of place. Mobifriends will modify under its own criteria any reported texts. In particular, the texts in the "My description" and "Other interests".

• Photo control: The same control will apply for photos that the registered Users want to publish on their profile.

MF will use no more than a week to review text and photos. If any of those contents do not pass the control, they will not be published or they will be removed from the user's profile. A notification will be send to the user so he can modify the banned content.

- Post-Control

• Aviso a MF: Report to MF: The registered Users can report at any time any time while using MF's services any issue while interacting with other users where he/she may feel harassed or where the terms of use are not respected. In the "my communications" area it can be done by clicking on a button. MF is committed to review all reports and to reply to the User at the contact email address.

• Communications monitoring: In case that the report refers to inadequate behaviour from another user, MF may contact the reported user to inform about the situation and ask for a change of behaviour. If this warning is overlooked, MF is entitled to monitor the content of the communications to conclude whether the situation is still happening and is real, and to decide on further actions. The reported user may be temporarily or permanently suspended, and even to be banned from any of MF's platforms. The suspended or banned user is not entitled to receive any compensation for early termination of the service.

The following are considered as inadequate behaviour:

• Act in a harassing, threatening or abusing way towards other users.

• Expose other users to offensive, indecent, violent, racist information, or anything that goes against the law or traditions and social customs.

• Sending spam or big junk mails that may impede or reduce the performance of the systems.

• Sending of programs or files that may harm the MF or users' systems, like virus, logic bombs, trojans, etc.

• Use the means provided by MF to send messages or contents not related to the service offered by MF (politic speeches, commercial promotions, etc.)

MF's access to communications is limited to that information strictly necessary to value the behaviour of a reported user. Under no circumstances will MF access this information if the fault reported is not serious enough, being just a last resort. The information will not be altered or deleted, unless the storing term is surpassed.

• Proactive control by MF: If MF detects that a registered User is breaching the terms of use, it will contact this user asking him to modify this behaviour. If the user disregards the warning and continues to breach the terms of use, MF can suspend this users' profile or ban him from using any of its services. Under no circumstances will this user be entitled for any compensation or reimbursement.

• Unmodifiable data: To avoid having unreliable information, the following basic data entered by Users during the registering process will not be modifiable: alias, gender and age. If the user wants to modify this data, he can send the request to MF's contact email address stated in the "Titularity" chapter. MF will reply to this request, explaining why if the reply is negative.

Despite all this mechanisms, MF will not be responsible of the acts of the users that access its services. Users are advised to be careful and alert when exchanging information with other users, and should follow MF recommendations.


3.3. Users' obligations

a. Follow the terms of use

The user must respect what is stated in these terms of use. If he decides to sign up, he is advised to read carefully "Information before contracting the service" and follow what is stated in "User recommendations". These documents can be found in https://www.mobifriends.com/web/legalext

To these general terms of user, some particular ones can be added referred to some specific services o uses of the Platforms that may be in place temporarily, o that have additional regulations give their special features. In case of conflict with the general terms of use, the particular will have precedence. Despite this, given that the particular terms of use do not replace but complement the general terms of use, the content of the general terms of use that is not in conflict with any of the particular terms of use still applies as to what the parties are committed (the user and MF).

b. Types of users

Depending on the access that they have to the Platforms, the following categories apply:

Registered users: People that have completed the registering process by which they identify and contract the service. They can access all areas in the Platforms where they previously need to identify. They do not pay for using the service offered by MF. Despite this, some of the services that the user can use may need the payment of a fee stated in the particular terms of use.

Unregistered users: People that only access the public areas of the Platforms, where it is not necessary to identify oneself to use the services offered by MF.

c. Public area and registered users:

Users that access to the public areas of the Platforms must follow that stated in the general terms of use or in the particular terms of use that may also apply.

d. Non-commercial use:

MF Platforms have been designed so Users have a meeting point with other people, to look for new friends and help those with affinities to meet each other. Thus, under no circumstances are the Users allowed to use the access to these Platforms to send commercial information of any kind, or to gather data from other Users to use them for other purposes than those stated in the MF terms of use.

e. Confidentiality:

- Password:
The access to MF's service is personal and non-transferable. Only the User must know his password and must store in a safe way. In case the User thinks that this password can be compromised he must change it immediately and tell MF as soon as possible. If the User forgets his password he can use the "Forgotten my password?" link where, upon confirming his identity the password will be sent to the contact email address. It can also be modified in "My Profile > Basic data".

- Alias:
It is recommended to avoid using words or expressions close to the user's name, to preserve his anonymity.

- Treatment of other users' information:
The User must not disclose, store or treat any of the information that belongs to other Users and learnt it through the MF Platforms, even when he stops using the service. This still stands even if the consent of the owners was granted. The User must not disclose, store or treat any of the information related to the service given by MF unless that is necessary to use the service.


3.4. Communications

a. Commercial communications:

- How are communications delivered:

• Any registered Users that have contracted the MF services can receive commercial communications from MF related to services or promotions offered by MF, at their contact email address, internal inbox or mobile phone.
• MF can include commercial information in its replies to queries or requests from unregistered users.

- Requisites of these communications

Respecto a las comunicaciones comerciales que MF haga llegar a los Usuarios:
• They will be identified as publicity or publi.
• MF will be identified as the sender.
• It will include information on how to be removed from distribution lists.

- What to do to stop receiving commercial communications

If the User is not interested in receiving this kind of communications any more, he can use the following options to be removed from MF's distribution lists:

• If the User is logged onto MF at that moment, he can go to "My Profile > My options > Newsletters" in the private area of the Platforms, uncheck the needed checkboxes and click on the save button. He can also send an email message to the MF email address stated in the chapter "Titularity" of these terms of use, adding the subject "I do not want to receive commercial communications from MF".

• If the User is not active in MF, he can also send an email message to the MF email address stated in the chapter "Titularity" of this terms of use, adding the subject "I do not want to receive commercial communications from MF", or that he sends a request from one of the forms in the "Contact" area of the website or the mobile site, with the same subject.

• The User can also stop receiving these messages by following the instructions included in all commercial communications received.

b. Service internal communications:

Due to the development of the service MF may need to contact registered Users. This communications may be delivered to their contact email address, to their internal inbox or to their mobile phones by means of messages. It is important that this contact data are up to date at all times, and the User must notify MF of any changes or update them in the User's profile


3.5. Deletion of profile

a. If the registered User wants to permanently delete his profile, he can go to "delete my profile" in the private area and follow the instructions. This process includes the deletion of the User profile from MF databases, and thus from the options and lists of the rest of users. Messages will be kept for a year and chats for a month accordingly to chapter 4 of the terms of use.

b. Thus if in the future he would like to register with MF again, he would have to fill in all his data again. MF will only keep his email address and mobile phone number to send him information about services and promotions, unless the User explicitly stated his opposition by the one of the means stated in the chapter "Commercial communications" of the terms of use.


3.6. Suspend profile

a. If the registered User wants to suspend his profile but keep its information, he can go to "suspend my profile" in the private area and follow the instructions. Upon suspension of the profile, MF will block all user data, so no other user will be able to access them by doing a search, but all data will be kept in the systems, and in the options of other users he will appear as offline. The suspension can last as long as a year. After this period expires, the profile will be permanently deleted.

b. Neither the suspension of the profile, nor the deletion of it before the contracted period expires, nor the fact that the User does not actively use the service, will entitle the User for the reimbursement.


3.7. Help

The user has an area of help where he can consult any doubts about the usage of the service. If he cannot find the answer he can use the form in "Contact" to ask the MF team.

3.8. Claims

If the user has anything to claim from MF, he can direct his claim to mobifriends@mobifriends.com

4. DATA AND OTHER FUNDAMENTAL RIGHTS PROTECTION POLICY
In accordance to current law and regulations for the protection of personal data MF informs its Users about the following:

The data provided by the User will be added to the file "SERVICIOS MOBIFRIENDS" registered in the Registro General de Protección de Protección de Datos with the inscription code 2081350101. The Responsible for this file is MOBIFRIENDS SOLUTIONS, S.L. whose data appear in the "Titularity" chapter of the terms of use. The personal data contained in this file will be used to manage the access to the MF Platforms, as well as for giving services through them.
a. What are the personal data gathered by MF used for:

Following current data protection law for personal data, MF informs its Users that it will gather data with the following objectives:

- Manage the payment for services.
- Reply to any query for information sent to MF regarding the services received from MF.
- Send information related to the company and the services offered.
- Once registered as User, MF will be entitled to treat his data as long as the User uses the services given by MF through its Platforms. Thus MF is allowed to treat the following categories of personal data:

o Profile data

One of the most important aspects of the MF service is the recollection and treatment of the User profile data. When a User send a search request for other Users, the Users with the most compatible profile will be returned. Thus, the results will be as good as the data entered in the profile. The information provided must be truthful to ensure a successful search. Given that the final purpose of entering the data in the profile, is that other Users see them, it is unavoidable that they get accessed by other Users through the Platforms. Apart from returning this data to registered Users that do search queries, they can be also accessed by unregistered Users, although in this case, only a summary of the profile will be available.

In this category of data are those considered as "specially protected" by current law, like the "ethnic origin" or the "religion". By accepting the terms of use the User grants MF his consent to for the treatment of the data. These data will not be offered in the summary profiles available for unregistered Users.

The profile data will be stored until the User requests their deletion or blocking. The user can do that by accessing "delete profile" or "suspend profile" in the private area, and following the instructions described there.

o Communications data (messaging, chat)

The data will be treated to provide the internal messaging system and chat between registered Users. The data will be stored for a year for internal messages and a month for chats. The data can be accessed in case that a serious breach of the terms of use, or that User reports being harassed or threatened by another. In the case of the chat, the video streaming will not be stored.

The storage periods will be accounted by natural years and months. MF in January will delete all the information from the internal messages stored from the previous year. As for the chats, the information from the previous month will be deleted each month.

o Browsing information

While browsing in MF's Platforms, the following data is gathered:
- During the sign up process, the PC IP address, and if it is from a mobile phone, the identifying code that automatically receives the server when the terminal connects to it and that will then identify the User in future accesses to the Platform.
- MF will access the cookies installed on the User's PC to ease its identification. With the aim of customizing the content for the User when browsing through the MF Platforms, cookies will be stored in the PC. These are text files that store information needed to automatically recognize the User upon starting a new session in MF and thus is navigation. This files are only used when the session is started, and stop being used when it finishes, not representing any danger for the PC. If you want more information about them do not hesitate to contact MF through the "Contact" area of the website.
- The data related to the Internet browser version used from the User's PC to ease the technical process of navigation.


b. Communication of personal data

MF assures that it will not communicate personal data to third parties, except to other Users, unless Users have granted consent for it. Despite this, MF may subcontract tasks and services to third parties that may access these data as part of their activities, always following the limitations established by law.


c. Security measures

MF, following current data protection law, will implement those technical and organizational security measures needed to guarantee that personal data are secure and unaltered, and to prevent them from being lost, treated or accessed without proper authorization, given the current status of technology, the nature of the data stored and the risks to what they are exposed, coming from human action o from the natural and physical environment.

Any MF personnel that may access User personal data will follow any restrictions imposed by law.

In the case that MF subcontracts services to third parties need to provide its services to Users, MF guarantees its Users that any clause needed to ensure the confidentiality of personal data from Users as demanded by law.

MF also warns Users that even all possible measures demanded by law are implemented, security on the Internet and in electronic communications networks is vulnerable. The User is also recommended to maintain high levels of security in the devices used to access MF Platforms. For instance, it is recommended to have an active and updated antivirus program to protect the system from attacks.


d. Exercising the rights for access, modifying, cancellation and opposition

To exercise the rights for access, modifying, cancellation and opposition granted by law, Users are advised to send a letter to C/ Albigesos 25-27, Bajos exterior, 08024 Barcelona attaching a copy of their passport or equivalent identity document.

Users can also modify their data directly by means of the options given in the Platforms to edit his profile.


e. Communications confidentiality and image rights

By accepting the terms of use the User acknowledges and gives MF his consent to:

- Store communications data (internal messaging) between registered Users for a year, to have a history of messages and gather information in case of serious incidents, pursuing any further actions that may derive from the collected data, like in case of harassment or threats, etc.
- Store the data from chats, in both public and private rooms, for a month, to gather information in case of serious incidents, pursuing any further actions that may derive from the collected data, like in case of harassment or threats, etc.
- To publish the photos in the public and private areas from the web and mobile sites.

5. INDUSTRIAL PROPERTY
a. All brands and logos that appear on the MF Platforms and that represent MF services are owned by MF. MOBIFRIENDS is a registered brand in the Registro de la Oficina Española de Patentes y Marcas.

b. MF has requested an international patent for the design of the service.

c. MF has also registered the internet domains mobifriends.com and mobifriends.es.

d. Any use of the signs related to MF are forbidden without previous authorization from the company.

e. In reference to brand, internet domain names, logos, drawings or images belonging to third parties, that may be entitled to protection by means of a patent, etc, and that could be published in the MF Platforms, its use is also forbidden. To use them the titular of the rights will have to be contacted for an authorization.

6. INTELLECTUAL PROPERTY
a. All of the web and mobile sites: text, pictures, buttons, software files, colour combinations, as well as the structure, the programming, the selections, sorting and presentation of their contents is protected by the Spanish and International laws about intellectual property. MF is the only titular of the use rights for intellectual property for anything contained in the web and mobile sites.

b. Under no circumstances does the access to these Platforms imply any kind of renounce, transfer or delegation, in part or in total, of the rights given by Spanish and International law about Intellectual Property.

c. Reproduction (except temporary download from the web site to the User's PC hard drive or proxy servers), copy, use, distribution, reuse, exploit, doing second copies, email, transfer, modification, delegation oar any other act with the totality or part of the information contained in this Platforms, that has been not explicitly authorized by the titular, are forbidden. It implicitly authorize the use and download of files and applications that are purposely offered on the website and the printing or downloading of the content of the information for private use.

7. RESPONSABILITY FOR THE CONTENTS
a. Own contents

MF will not be responsible for the misuse of the contents, and reserves the right to update, delete or limit them in a temporary or permanent way.

As for links form third parties to the mobifriends.com website, they have to meet the following:

- They must link to the MF home page, giving access to the page without reproducing any of its contents
- They must not be done in a way where the MF contents appear as being part of the third party website where the link is placed, and it will not insert borders on the MF website
- The link must open a new browser window
- They will not include statements about the MF website leading other to think that there is a collaboration relationship between the third party and MF
- The third party website that wants to link to MF website must follow current law

In case of doubts please send your queries to MF's contact email address stated in the chapter "Titularity" or send it from the "Contact" area of the website.


b. Other contents

- Contents published by Users

Users authorize MF to use, distribute and modify the contents published in case that technical adjustments are needed to allow MF to give the service.

With the aim of informing Users about the criteria followed by MF to exercise the pre-control prior to publishing of a content, below are detailed the requisites that must be met by the Users' completed texts and photos to be published:

o Requisites to be met by texts:
• They must answer to the questions requested in each particular case
• They must avoid vulgar expressions, insults, threats or expressions not adequate to the objective requested

o Requisites to be met by photos:
• The photos must include only the image of the User, and not from another person, although they can appear on a second term.
• Photos that are not in accordance with the objective of publishing of the User's image of allowing other r Users to know the User physical appearance cannot be included.
• Minimum resolution must be 125x125 pixels.
• Maximum allowed size is 72 pixels/inch.
• Images cannot be vulgar or inadequate, or that may not be in accordance with current law.
• They must be photos taken by the User himself or for which he has the exploitation rights, so it allows MF its publishing and public communication.

- Third party contents

The website mobifriends.com contains and area called "links" where Users can access other organizations' websites. MF does not control or monitor these websites or their contents. If a User detects that any of the contents is against the law o harms rights or goods of a third party, he can direct his comments to mobifriends@mobifriends.com so the link is cancelled or appropriate actions are taken.


8. DURATION Y MODIFICATION
a. To improve the service or adapt to current law, MF may modify the terms of use.

b. These terms of use are valid as long as they are exposed and until they are modified completely or in part by MF.

c. In case of an important modification of the terms of use, MF will inform Users active at the time of modification by a warning on their contact email address or their internal inbox, so they can accept the changes or cease to use the service. In this case, should the User choose to cease using the service, and he still had not enjoyed the totality of the contracted period, he will be entitled to receive the amount that corresponds to the remaining contracted period.

9. TERMINATION
a. The breach of the current terms of use of the MF service entitles can result in the other part communicating the desire of terminating the contract. In case the breaching part is the User, the termination of the contract by MF will include the deletion of the User profile. The breach can result, according to the gravity, the banning of the User from the Platforms, and if it is considered that the User has breached the law, MF will have to communicate it the legal authorities so they can act as corresponds.

b. In case that the termination is desired by the User, he can direct his request to MF's contact email address stated in the chapter "Titularity", including the reason why the User thinks that MF has breached the terms of use, to what MF will reply in the shortest possible term. All this disregarding the right of termination stated in chapter 3.7.c.

10. COMPETENT JURISDICTION AND APPLICABLE LAW
a. The law applicable to this contract is the Spanish law.

b. The competent jurisdiction is that of Barcelona.

INDIVIDUAL TERMS OF USE
To everything that has been stated in the above general terms of use, they can be added other individual terms of use referred to particular services or uses of the Platforms that may appear occasionally or that have an specific regulation given some special features. In case of contradiction between the general and individual terms of use, the individual ones will always prevail. In this sense, the following individual terms of use are established for the following services or areas:


MOBIFRIENDS WORKS

If the User sends his testimony by means of this area the following individual terms apply:

Data Protection
The personal data given by both people will be treated by MF with the objective of publishing their testimony in the public area of the web and mobile sites for the period of one year. Once this period expires the data related to this testimony will be removed from MF's systems.

3G mobile draw
A 3G mobile phone will be drawn among all Users that send their testimony. The phone features will be published on the Mf website.



EMPLOYMENT OFFERS

In case the User gives his data through this area the following additional terms of use will apply:

Data Protection
In case that personal data are sent to MF by means of this form, those will be included in the pool of applicants for jobs in MF. Should a new position appear in MF, MF may contact those who left their data. MF will keep these data unless explicitly indicated by the owner. MF asks applicants to tell MF about any changes on the data so they are kept up to date.


Inicio
© 2019 mobifriends