Terms of Service
Terms of Service (attendees and web/app users)
2. Purpose and acceptance
21. The purpose of these conditions is to regulate access and navigation of the platform and the use the user makes of it and any of the services and functions available at all times in the same, including registration.
2.2. It is also subject to these regularly Conditions downloading, access, and / or navigation of websites (hereinafter, Web Pages) pages and mobile applications (hereinafter, the Apps) that Xeven® had developed and made available to the promoting an event of a third party who had reached a commercial agreement and license (hereinafter the Organizer).
3. Platform Features
3.1. Xeven® allows any user:
a. Know their activity and the services offered on the Internet and secure means of contact with the company.
b. Access to information of events published on the Platform, Web pages and Apps. This information belongs to the organizers of the events.
c. Where appropriate, access to specific Web pages of Events, responsibility of the organizers.
d. Where appropriate, download Apps, responsibility of the organizers.
e. Where appropriate, hire the services offered by Xeven® to the organizers, which are regulated in the General Terms and Conditions.
3.2. As mentioned before, Xeven® develops Apps and Web pages for event organizers under license. While Xeven® is the owner of such Web pages and Apps, the organizers are considered providers of information society regarding the Web and Apps that are licensees of the pages, because they will manage them and operate under its brand.
3. 4. Organizers can advertise their events on the Platform, as well as hiring Xeven® for creating Web pages and Apps for their specific events in order that users can know and if so ascribed to them.
3.5. Platform as well as the Web pages and Apps ownership by Xeven® can allow the user to access, browse, and view events published by the organizers for free. However, registration to an event may involve a price or cost that will be established by the Organizer, as the provider of services in the information society, through the Web pages or the Apps.
4. Information provided
4.1. Xeven® tries that organizers check and review the information provided before publication; However, Xeven® does not review nor do any prior control, so Xeven® will not be responsible for any damages that such information may cause directly or indirectly to the User.
4.2. Information about the organizers and their events or any other information provided by them or by the users will not be responsibility for Xeven®, as this is a mere provider of services based on a trade agreement with the organizer.
4.3. Furthermore, with respect to the User Xeven® is a mere intermediary of services of the information society in accordance with Article 16 of Law 34/2002, of July 11, of Services Information Society and Electronic Commerce, which assumes no liability with respect to information, content or any kind of comments, links or messages published by users on its platform, web pages or Apps.
5. User Duties
As a user you agree to:
b. Not infringe any right or interest of Xeven®, such as intellectual or industrial property (patents, trademarks, trade secrets, copyright or other rights owned by our property).
c. Do not use the Platform, Web pages or Apps to infringe intellectual property of others.
d. Do not use the platform, Web pages or Apps for information and content for any service that Xeven® criteria will apply or compete with it.
e. Do not use the Platform, Web pages or Apps for economic or commercial purpose without the express permission of Xeven®.
f. Not by any means introduce computer viruses, worms, trojan horses or any other kind of malicious code to interrupt, destroy or limit the functionality of the platform, the Web Sites or Xeven® Apps.
g. Do not use reverse engineering and / or decompile or decrypt or use any other system to meet the platform’s source code, Xeven® web pages or Apps or any item subject to copyright or intellectual property underlying.
h. Do not modify the Platform, Xeven® Web pages or Xeven® Apps in any form or manner.
i. Do not damage, disable, overburden, or impair the service (or the network or networks connected to the service) or interfere with the use and enjoyment of the service by any User.
j. Take no actions or media used to simulate the appearance or function of the Platform, the Xeven® Web pages or Xeven® Apps with any purpose.
6. Terms of Events Registration
These terms of events registration are accepted by Xeven®, and, secondly, by the attendee, understanding this as any Internet user over 14 years old who access the Platform, Xeven® Web Xeven® Pages or Apps by any means and complete all the steps in any of them ahead of their registration at an event, including the acceptance of these terms of registration.
6.2.1. The purpose of the event registration conditions is to regulate the registration of users to events through the Platform or Xeven® Web pages or Apps, subject to any conditions imposed by the organizer, who will be in any case stated as the provider of the services of the information society that constitute the Website or the Apps that allow such registration.
6.2.2. Registration for events can be free or for a fee depending on the conditions that the organizer would have imposed about it. Xeven® is not a party to the relationship arising between you and the organizer as a result of registration thereof to such an event and therefore assumes no responsibility.
6.2.3. By agreeing to these Terms of Registration Events User acquires the status of Attendee and declares to have read, understood and accepted all the provisions in them.
6.3. Integration and interpretation
6.3.1. These Conditions of Registration link the attendees to all the conditions imposed by the organizers and any other applicable conditions.
6.3.2. Xeven® is not involved in the management and organization of the event, or in their preparations, so all this will be the sole responsibility of the organizer, who uses the services that Xeven® provides for the management and promotion of the event.
6.3.3. All content published on the Event Platform and all content published on the Web pages and Apps are published by the organizers or displayed by their order directly, so the organizer will be who assume any responsibility.
6.4. Attendee duties
All Attendees agree to:
a. Refrain from joining an Event providing false or inaccurate data or pretending others.
b. Refrain from using third-party data for registration to an event.
c. Assume any liability arising from its proceedings.
d. Assume any liability for breaching these Conditions of registration to Events or any other applicable thereto.
6.5. On the contents published in the Attendee Platform, in an App or a Web page
6.5.1. Whenever the Attendee use the tools offered on the platform, in an App or a Web page to share any content or comment, you must:
a. Respect the applicable law, morality and generally accepted good customs, public order and these Conditions or any other may be applicable.
b. Refrain from sending content or defamatory, insulting, offensive, abusive, racist, obscene, threatening or discriminatory bonds or violate any law, especially intellectual property; the Attendee must also refrain from sending content or links to such as commercial, promotional or advertising.
c. Issue only lawful and truthful opinions and comments, adjusted to the general theme of the Platform, the Website or App.
d. Xeven® confer license as wide as required in law for the Internet publication of the contents and texts published in the Platform, in an App or a Web page.
e. Refrain from introducing or links to third parties that do not meet the above conditions, or that contain illegal, deceptive or unfair advertising, viruses, trojans or any other material or software that may damage or disrupt the operation of computers or computer systems.
f. The Attendee is in any way responsible for what you post and share as well as the consequences resulting therefrom.
6.5.2. Among the options is the Attendee uploading a profile photo for each event that you sign, it will be visible by the organizers and other participants. By accepting these conditions the Attendee Xeven® agree that the use, on or off the Internet, for the promotion and dissemination of the Platform or commercial or advertising purposes without the right to financial compensation of any kind.
6.6.2. Attendee must consider that his/her data might be kept and used by the organizer of the event he is registering to, according what is established in the legal conditions. Therefore we strongly recommend to read all the information published by the organizer regarding this.
6.7. Exclusion rights
Xeven® will be entitled to temporary or indefinitely block attendee’s Access to the platform or to any website or app if he or she is not compliant with any of the terms and conditions hereby exposed or any other applicable ones.
7. Rights of intellectual and industrial property
7.1. Notwithstanding what is established in the previous 4 stipulation, platform, Web pages and Apps and all the elements that compose them, including programming, design, graphics, code, text or images there are the exclusive property of Xeven® or this owns rights and/or authorizations enough for their exploitation , with the particularity that the websites and Apps licensed are the organizer and much of its contents are the ownership and responsibility of this.
7.2. The trademarks, trade names and, in general, any distinctive sign posted in the platform it is owned by Xeven® or their respective owners, or that has the necessary licenses for their use.
7.3 It is prohibited the reproduction, distribution, communication to the public (including making available), transformation or any other form of exploitation, even quoting the source, without the prior and express written consent of Xeven® or of the holder exclusive rights affected.
7.4. Please if you find any infringement of the intellectual and/or industrial property rights on the platform, in the websites or Apps , inform as soon as possible by e mailing to Xeven@Xeven.net.
8. Third party links
8.1. On the platform, Web pages or Apps there may be links to pages or web sites of third parties, for which Xeven® assumes no responsibility. Xeven® assumes no liability whatsoever about their content or operation, nor the consequences arising for access to them.
8.2. With respect to the links published by Xeven®, the user acknowledges and accepts that they direct to sites external both to the platform as well as the company and that Xeven® does not approve or review the functions, advertising or, in general, the content included on third party pages, even though they are linked from the platform; therefore, this cannot guarantee that there are no threats in the same , virus or malware or that have illegal or inappropriate content or other links which, in turn, lead to sites with one or several of the above characteristics.
8.3 With regard to the links published by the organizers or the users or Attendees, Xeven® is configured as a mere intermediary pursuant to article 17 of the law 34/2002, of 11 July, of services of the information society and electronic commerce, and for not revising them, assumes no liability in this regard.
8.4 Both in Web pages and Apps may exist banners or advertising of third parties over which Xeven® has no control, or check. Under this, Xeven® not liable by advertising that the user can find while browsing Web pages or use of Apps or the consequences resulting from access to the sites or web pages linked from displayed ads.
9. Exclusions of liability
9.1. Xeven® works intending that the services and functionalities offered on the platform, Web pages and Apps are available at all times. However, will be displayed according to their availability and the limitations at every moment.
9.2 Xeven® also intends that the systems and content included in the platform, Web pages and Apps are protected through the use of common safety standards on the Internet. However, it cannot be guaranteed that there will be no intrusion, loss of information, viruses or other harmful elements in the platform or websites linked from this. By accepting these conditions, the user assumes and understand that there may be situations that are beyond the control of Xeven®.
9.3. On the actions of the users and organizers:
b. Xeven® is not responsible for, and accepts no responsibility for the content uploaded by users or by the information provided by the organizers to the platform, Web pages and Apps.
c. In addition, Xeven® is excluded from liability for the lack of update or improvement of any of the Web pages and Apps developed under license to the organizers.
d. Xeven® is not responsible for the compliance by the organizers of its legal obligations. Without being exhaustive, Xeven® is not responsible for the breach by the organizers of the obligations of these in relation to services of the society of information, data protection, e-commerce and consumers and users. For example, Xeven® will not be liable for the processing, use or purposes that the organizers carried out within the framework of the platform, a Web page or PPP about personal data, privacy and consumer rights.
e. Xeven® does not intervene in the relationship between the user and the organizer of the event that he had entered through the platform, a Web page or an App and, therefore, assumes no liability in this regard, leaving the user linked to the terms, if any, had agreed to sign up to the event which will be the own Organizer. Any claim concerning the Organization and management of the event or registration at the same should be directed directly to the Organizer. Xeven® is a mere intermediary and its task is limited to allow contact between organizers and users.
f. The user who registers in any event through the platform or through any Web site or App will do it under his/her own risk.
g. Xeven® does not guarantee the utility of the platform, Web pages or Apps or the events they published.
9.4. In addition, since the Web pages and Apps organizers granted licenses can be temporary, Xeven®, can delete these sites or Apps at any time pursuant to the license granted to the Organizer, not being responsible for any loss or damage to the user.
9.6 Neither Xeven® nor its contributors will be responsible in case of loss of profits or consequential damages by any question.
10. Reservation of rights
10.2. In addition, Xeven® may terminate access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, including the temporary or definitive termination of service. In this case, Xeven® will not be liable for any damage direct or indirect consequence of such termination.
Any injury, damage, loss or cost (including attorneys and attorneys fees) suffered by Xeven® as a result of a breach of these terms and conditions or any other to be applicable by a user, shall entail the obligation to compensate Xeven®. .If for the same reasons, any third-party claims against Xeven®, Xeven® will be entitled to claim any expenditure, cost, loss or damage arising from their actions.
12. Data protection
12.2. However this, organizers may collect personal data through the Web pages and Apps, and it is their responsibility to inform the user of this and obtain their consent.
13. Safeguarding and interpretation
13.1. If the competent authority declared as illegal, invalid or unenforceable provisions, it must be interpreted in the way that is closer to the original intent of such provision. In any case such declaration with respect to some or some provisions shall not prejudice the validity of the remaining.
13.2. The non-requirement by Xeven®’s of strict compliance with any of the terms of these conditions does not constitute nor shall be interpreted in any case as a waiver for its part to demand in the future.
14. Assignment and delegation
14.2 Xeven® may assign or delegate all or partially and so completely free their rights and obligations contained in these terms without prior notice. Xeven®, may be also replaced by any legal business to this legal relationship by any other licensee.
16.1. Applicable language to these general conditions of use is the Spanish. If versions of this conditions have been offered in other languages, it is a mere courtesy, for your convenience, and you expressly agree that the relation will be governed by its Spanish version.
16.2 If there is any contradiction between the version in Spanish of such conditions and what is indicated in the translation, in all case the Spanish version shall prevail.
17. Law and jurisdiction
Xeven® relation with the user shall be governed by Spanish law and, in case of conflict in their interpretation or enforcement, with renouncement expresses to any other jurisdiction that could correspond to them, the parties consent, except if determined by law imperatively of other jurisdiction, to courts and tribunals of the Villa de Madrid.
General terms and conditions (organizers/customers on the platform)
These general terms and conditions are subscribed, on one hand, by Xeven® Events, S.L., with tax code B87275376 and registered office at Madrid, CL. Marmolina 28, 2 ° E (hereinafter, Xeven®) , owner of the service of the society of the information accessible through the URL http://www.Xeven.net, http://www.Xeven®events.com or any of the domains registered by Xeven® (hereinafter, the platform), and on the other, by the natural or legal person who, in compliance with the requirements in the stipulation of these conditions 3, had followed all the steps included in the platform for the provision of any of the services it offered including the acceptance of the present general terms and conditions (hereinafter, the Organizer).
2.1. The object of the present general terms and conditions is to regulate the relationship between the parties through which Xeven® will provide the Organizer specific services for the management of events, which include the development of web pages or mobile applications for the management and publication of events, as well as its publication online and in the markets of mobile applications that are defined (hereinafter, services), among others:
a. The development of websites accessible by any Internet user (hereinafter, the website).
b. The development of iOS and Android mobile operating systems compatible mobile applications (hereinafter the App).
c. The availability of the necessary functions for the control of content published both on the website and in the App.
d. Publication of the Web pages on the Internet.
e. The publication of Apps in mobile apps of Google and Apple stores.
2.2. the number of Web pages, Apps, its features and capabilities that Xeven® shall make available to the organizer for your control will be those who characterize the hiring plan selected by the Organizer during the registration process (hereinafter the Plan).
2.3 with regard to Web pages and Apps in any case Xeven® will be considered the owner thereof and all intellectual or industrial property rights existing on them, while responsible for the provision of the service through such websites and Apps, pursuant to the license granted by Xeven® Organizer for the exploitation of the same It will be the Organizer, for the purposes of the provisions in the law 34/2002, of 11 July, of services of the information society and electronic commerce.
2.4. Each Plan is assigned a price, which the Organizer must pay in consideration for the services, which will depend on the scope of the same. There may be a free Plan.
2.5. The characteristics of the services according to the Plan and its price, duration, etc. conditions will be considered for the purposes of the provisions of these general terms and conditions, and shall inform the organizer before and during the hiring process on the platform, meaning the conditions accepted along with the general terms and conditions at the end of the recruitment process.
3. The Organizer
3.1. To formalize the registration and being Organizer it is necessary:
a. Previously, meeting the following requirements:
i. Have a valid email account.
ii. Have a Paypal account or a valid credit card linked to a bank account with the necessary permissions for use and sufficient available balance to make payments that correspond in accordance with provision 5 of these conditions (except in the case of having selected the free plan).
The organizer shall maintain compliance with these requirements during all the term of these conditions. Otherwise, Xeven® can resolve them advance in accordance with the stipulation of 13.3. in these conditions, without the Organizer being entitled to the refund of amounts already paid.
b. Once the Organizer certify that it meets all the requirements described in the previous section, to access to the platform and select services, according to the possibilities offered in every moment on the platform, in accordance with the interests of the Organizer.
c. To check that the selection of services and their characteristics responds to the interests of the organizer and click on ‘OK’.
d. Proceed with the payment of contracted services (except in the case of having selected the free plan) pursuant to the provision 5 of these conditions.
3.2. At any time during the process of recruitment before payment it is possible to go back and rectify the data entered.
4. Scope of services
44.1 Services allow the Organizer to add to the platform events organized with the limit specified in the special conditions of the Plan selected as long as these conditions remain in force. Also, these events will be published in the Xeven® app, with the limit specified in the same conditions, depending on the Plan selected.
4.2. The services also include the development and publication of one or more Web pages, according to provisions of the special conditions accepted with these general terms and conditions, with the following characteristics:
a. The Web page will be accessible via a subdomain of the platform, owned by Xeven®, which will match the name of the event.
b. The Web page will be hosted on servers Xeven® or freely contract for this.
c. The Web page will be configurable by the Organizer through the platform according to certain parameters offered therein, however among the allowed functions, website may allow any Internet user to register for the event, whose characteristics and circumstances have been previously defined by the organizer pursuant to stipulation 4.3. following.
d. Depending on the particular conditions accepted by the Organizer, the website may include advertising of any type, at the discretion of Xeven®.
e. Limitations and other features will be those of the Plan selected by the Organizer, and will have been duly specified throughout the recruitment process.
4.3. Services includes (except in Free Plan case) the one or more Apps development and publication , depending on the selected Plan by the Organizer, as provided below:
a. Apps will remain active, unless otherwise indicated, as long as these Terms remain in effect. If the Organizer wants to make modules other than those available, he/she should contact directly to firstname.lastname@example.org, and if necessary, create a Customized Plan if this is enabled in the Platform.
i. In the case of any monthly Plan, the organizer may request the publication of up to two (2) Apps or two (2) versions of an App per month, which will remain active, unless stated otherwise, for as long as these conditions remain in force. If the Organizer want to make more publications must hire one of the plans offered in the platform or, where appropriate, create a personalized Plan if that possibility was enabled on the platform or by contacting Xeven@Xeven.net.
ii. In the case of any six-month Plan, the organizer may request publication of up to six (6) Apps or six (6) versions of an App per semester, which will remain active, unless stated otherwise, for as long as these conditions remain in force. If the Organizer want to make more publications must hire one of the plans offered in the platform or, where appropriate, create a personalized Plan if that possibility was enabled on the platform or by contacting Xeven@Xeven.net.
b. App/s will be incorporated by Xeven® to the Apple App Store and Google Play mobile applications platforms. Due to conditions imposed by Apple Apps release, Xeven® cannot guarantee the publication of an App in the Apple Store in a period of less than 14 business days.
c. The App allows any user, owner of a compatible mobile device that downloads it, to register at the event, whose characteristics and circumstances have been previously defined by the Organizer in accordance with provision 4.4.
d. The App will be configurable by the Organizer according to certain parameters offered in the platform, however among the allowed functions, the App may allow any Internet user to register for the event, whose characteristics and circumstances have been previously defined by the Organizer in accordance with provision 4.4. following.
e. Depending on the particular conditions accepted by the Organizer, the App may include advertising of any type, at the discretion of Xeven®.
f. Limitations and other functionalities will be those of the Plan selected by the Organizer, and will have been duly specified throughout the recruitment process.
4.4. The organizer may control certain features of the website and the App, as well as most of the content that they are published, through their Organizer profile on the platform. Although this will depend on the specific conditions accepted by the General Organizer you can:
a. To define the event basic data: name, logo, location, dates, duration and general data useful for attendees (leisure, accommodation, transport).
b. Define the contents of the event: Agenda, Speakers, Sponsors, and documentation.
c. Information in relation to an event which the organizer has incorporated but not published yet will have the consideration of project for the purposes of the provisions of these general terms and conditions.
d. Limitations and other functionalities will be those of the Plan selected by the Organizer, and will have been duly specified throughout the recruitment process.
4.5. However the above, the scope of the services (including the number of events, the monthly price etc.) depends on contracted plan, from among all those offered on the platform at all times. Before starting the registration process, it will be shown to the Organizer the features and functionality of the selected plan (hereinafter the conditions), that are understood to be accepted by the Organizer together with the present general terms and conditions.
4.6. In any case, the provision of the services will depend on the availability of the network and servers and concurrent Internet connections at any time, so there may be errors or interruptions in its execution, what Xeven® declines because of force majeure which could not be foreseen.
4.7. When the organizer hiresthe free Plan it is assumed that in the website and/or the App generated by virtue of these terms and conditions and the specific conditions of the accepted Plan advertising might be inserted by Xeven® and/or third parties by means of, for example, static, animated, rotating banners drop-down, images, advertising texts, links, animations, etc.
4.8. When it has passed one (1) month after the completion of an event published by the organiser, according to the information he entered, Xeven® notified such circumstance so that you can decide whether that event is deleted or not, and if you opt for their elimination, proceed to delete it from the platform and remove the Web site and/or the App associated with it. If the Organizer does not answer in one sense or another, it means that his preference is to keep the event. Xeven® will repeat this process every six (6) months, recalling the existence of one or more already completed events organizer. Withdrawal of an event does not imply that the project (event data including the profile data with access to the same) relative to it is disposed, which will be stored on the shelf, unless the Organizer to delete it. In the event of termination or cancellation of the contract (websites and Apps) events associated with the contract will be removed and the projects will be stored for 3 months, after which the project data (the data of the event, not the profiles with the same access) will be deleted.
5. Economic conditions
5.1. In consideration of the foregoing, the organizer shall pay the amounts specified in the special conditions that had accepted depending on the Plan selected (except in the case of the free Plan).
5.2. Such amounts are shown in EUROS and include VAT and any other taxes are applicable.
5.3. Eventually, organizer may publish offers, discounts or promotions by prices offered by him/her, aplicable for a specified time or, failing that, by the time that they remain published on the platform without being Xeven® responsible for them.
5.4. Quantities shall be paid in accordance with the deadlines set out in the specific conditions accepted according to the chosen Plan, in advance and by credit card or Paypal payment platform. For this purpose, the organizer who makes the payment through Paypal must previously have a user account in Paypal and authorize Xeven® to charge each month of one of the accounts that the organizer has associated the quantities corresponding according to the contracted Plan. Xeven® shall transmit the corresponding invoice Organizer, who, with the acceptance of these conditions, consent to send e-invoice. Organizer may object at any time to receive electronic billing by writing to Xeven@Xeven.net, in which case Xeven® will send you paper invoice to the address that had provided or facilitated.
5.5. It is possible that Xeven® grants the organizer a trial period, during which he/she must not pay any amount. Only if, after the trial period, the Organizer wanted to continue making use of the service provided by Xeven®, he/she will have to pay. It is not necessary for the Organizer to provide the account number for the trial period.
5.6. The failure to pay on time will produce, with immediate character, that the license on the website and App stop having effect, and may therefore fail to be made available to any Internet user in accordance with the 9.13 stipulation of these conditions.
5.7. At any time the organizer may modify the Plan chosen and, thus, the particular conditions applicable, through its account of Organizer on the platform, which may make the price payable be higher, lower, or that need not to pay any amount. When selected a Plan whose price is lower than the Plan underway, the particular conditions that take effect from the end of the time period of the Plan in course. When you have selected a Plan whose price was higher than the Plan underway, the particular conditions of the new Plan will take effect immediately, making the return of the unexecuted proportional part of the contract with the previous lower plan fee, and to claim from that moment the unexecuted proportional part of the contract with the new higher plan fee until the end of the time period of the plan , and the price of the top plan thereafter.
6. Obligations of the Organizer
6.1. The Organizer is obliged to that information published or sent to publish on the platform, on the website or the App to be true, appropriate, accurate and consistent with reality.
6.2. The Organizer is obliged to include on the website and app the information required by the regulations in the field of Internet and data protection and, where appropriate, electronic commerce and consumers and users. Organizer is solely responsible to comply with this regulation, provided that it is obtained by the application, excluding Xeven® from any responsibility that could claim as a result of the breach of the Organizer in this sense.
6.3. The Organizer is obliged to act in good faith with respect to the website and users of the App, that is configured as service provider of the information society, responsible for the treatment of your data and entrepreneur in his business relations with them.
6.4. the Organizer will pay the amounts owed to Xeven® in accordance with provision 5 of these conditions or, where appropriate, shall not prevent or hinder Xeven® the receipts from. The breach of this obligation in a timely manner may make to the account of the Organizer in the platform remain locked and inaccessible until the payment of the amounts due. Non-payment will cause, immediate, removal of the website and of the App from the internet and the mobile applications platforms, respectively.
6.5. In relation to your organizer account, he/she shall:
a. Register a single account in his/her name and refrain from impersonating others.
b. Be responsible for any activities from his/her account.
c. Provide certain accurate data and to ensure that they are updated at all times.
d. Ensure that the access codes are strictly confidential, assuming any damage and/or detriment arising from the breach of his/her duties of confidentiality with respect to the same.
e. Periodically check the notifications that, where appropriate, be remitted by Xeven®, since they may include important information.
6.6. The Organizer underassumes to comply and meet all the obligations and commitments made in the present general terms and conditions or in any others applicable, in addition to acting in good faith, both in its relations with Xeven® as with users of the website s and the App, and in respect of applications , customs and common standards in the industry.
6.7. The organizer shall abstain from using the platform, Web page or the App to publish abusive, offensive, insulting, racist, obscene, menacing or discriminatory or, in general, inappropriate or infringes any rule. In any case, the Organizer assumes all responsibility for the platform use, the website and the App and, in particular, of the content they publish, compensating Xeven® for any claim may suffer because of this issue.
6.8. The organizer shall abstain from using the platform, the Web page or the App to send advertisements that users had not requested or consented to receive. It is responsibility of the Organizer to inform and correctly obtain the consent of users for the sending of advertising itself or third parties, as the case may be, and to perform any other processing of the data for advertising.
7. Use license
7.1. Xeven® gives the Organizer a non-exclusive license for the use of the App and the Web page generated by virtue of these conditions and the conditions of the Plan selected and hired by the organizer at any time, around the world, for the entire time that the Organizer is aware of their obligations pursuant to the stipulation of the 5 previous and while the present general conditions contract remain in force, a transferable license for the use of the website and the App according to the purposes specified in the present general terms and conditions or the conditions accepted by the Organizer.
7.2. The Organizer will be considered a service provider of the information society through the websites and the Apps referred to in 7.1 stipulation. earlier in accordance with provisions in the law 34/2002, of 11 July, services of the information society and electronic commerce and, under it, it is responsible for fulfilling many obligations include such standard, without prejudice to their obligations as responsible of the treatment of data collected, in accordance with the 11 stipulation of these conditions.
7.3. Failure to pay on time will produce, with immediate character, referred to in the previous stipulation 7.1. that use licenses cease to have effect and, therefore, can fail to be made available to any Internet user in accordance with the 9.13 stipulation of these conditions.
8. Intellectual and industrial property
8.1. Intellectual property rights of the Platform, the website/s and the / App/s s, and of all its elements and content, including the design, graphics and codes, except for material provided by the Organizer himself, are the property of Xeven® or this has a license or transfer of rights fairly to their exploitation. As a result, it is prohibited the reproduction, distribution, public communication and transformation of any of them and all the elements that compose them or integrate, with the exception of the stipulated at the previous provision 7.
8.2. With regard to the information, graphics, photographs, videos and other content published by the Organizer on the platform, in the / / website s or in the App/s about the own Organizer and its events, this grants to Xeven® a non-exclusive assignment of rights, for the world and for the time of duration of the present conditions for their reproduction, making provision, public communication and transformation in accordance with the object of the same.
8.3. The Organizer declares having all necessary intellectual property rights for the publication of texts, photographs, images, videos and, in general, content that brings to the platform, to the website and/or the App/s s and Xeven® guarantees the peaceful use of the same in accordance with the assignment of rights contained in paragraph 8.2 above assuming any liability otherwise and guaranteeing of Xeven® indemnity in this sense. Organizer yield Xeven® the non-exclusive right, for everyone and as long as these conditions are maintained in force, for their reproduction, public communication and transformation.
8.4. The trademarks, trade names, distinctive signs present on the platform, on the website or in the App are owned by Xeven® and this has a license or authorization enough to use. The use of any brand, trade name or distinctive sign that is contrary to the applicable legislation in this area is prohibited.
8.5. With regard to trademarks, commercial names or distinctive signs that identify in the market the organizer or its events, goods or services, the organizer grants Xeven® a license on them for use on the Internet.
9. Warranties and exclusion of liability
9.1. The organizer guarantees that it will act in respect of the provisions of these conditions, in accordance with applicable law and to the uses and customs of the sector, and with loyalty to Xeven® and with users.
9.2. By virtue of the foregoing, the Organizer assumes any liability for non-compliance for its part of the present general terms and conditions or the rules applicable to him/her. As, but not limited to, the Organizer will be responsible for:
a. The veracity, topicality, adequacy and legality of any information or content provided or posted through the platform on the website and/or the / App/s
b. Any infringement of rights who commits via his account of Organizer on the platform, in particular rights of industrial or intellectual property and personal data protection.
c. The publication on the platform, in the website and/or in the / App/s of inappropriate, obscene, grotesque, insulting, discriminatory or offensive content or that any average Internet user may be unpleasant.
d. The publication of content on which holds no appropriate rights of intellectual and industrial property, image, etc.
9.3. With the acceptance of the present general terms and conditions, the Organizer declares to meet all requirements demanded by those or regulations that may apply on the basis of its activity and undertakes to keep them during the term of these conditions. Otherwise, he/she may lose its status as organizer in accordance with the stipulations 5.1. to) and 13.3. of these conditions.
9.4. The Organizer assumes any liability for events published on the platform or in the Web page (s) or the / App/s and relative to itself, the event information or any content posted or share through such tools.
9.5. The organizer undertakes to comply with the legislation in the field of Internet, advertising, e-commerce, consumers and users and data protection, where applicable, through the website and/or the / App/s s, and assume any liability arising from your failure to comply with.
9.6. Xeven® intends that the platform, the website s and the App/s , depending on the case, are available and functional at all times, even though it makes no warranties regarding this. It is possible that, for reasons beyond his control, there are temporarily falls or not functioning properly. The Organizer accepts that Xeven® is not liable whatsoever for any loss or damage suffered during the suspension of services so if they are notified previously by Xeven® for maintenance reasons, and for reasons beyond that.
9.7. Xeven® does not guarantee the usefulness of the platform, from the website s or the App/s or registration for events or traffic of customers or business into the Organizer.
9.8. Xeven® is not part of the relationship that, under the registration on an organizer’s event, arises between an Attendee and organizer, so it assumes no responsibility for the actions of any of the parties.
9.9. in accordance with article 16 of the law 34/2002, of 11 July, of services of the information society and electronic commerce, Xeven® assumes no liability with respect to the information or content that users could publish on the platform or in the website s and/or the App/s, as they are published automatically and not are subjected to review.
9.10. In general, Xeven® assumes no responsibility for the actions of users on the platform, in the website s and/or in the App/s.
9.11. Xeven® assumes no liability when, by the performance of the Organizer, the people responsible of mobile applications Apple Store or Google Play platforms removed or blocked, totally or partially, the App/s s, or any body or authority with sufficient capacity block or remove or make Xeven® block or remove the Web page from the Internet.
9.12. The responsibility assumed by Xeven® against the Organizer in any case includes loss ofvprofits and shall be limited, in any case, maximum and for any reason, to the total amount received by Xeven® pursuant to the stipulation on economic conditions of the present conditions.
9.13. Xeven® reserves the right to suspend, temporarily or indefinitely, the organizing access to the platform, to the Web page (s) and the App/s, or limit the availability of any of the Web page (s) or the App/s or remove them, if the Organizer breach any of its obligations pursuant to these general terms and conditions or any others applicable , or there are signs of such non-compliance. The suspension, temporary or indefinite, does not imply the refund of amounts already paid by the Organizer to Xeven®.
10.1. The Organizer will waive Xeven®’s responsibility from damages, expenses, losses or costs that it suffered as a result of complaints directed against the company as a result of the actions of the Organizer. For example, the Organizer will reimburse for claims that Apple Inc., Google Inc. or any third party, including the public administration or the competent bodies directed against Xeven® as a result of the performance of the Organizer.
10.2. In this sense, the organizer shall reimburse any amounts that had been paid by Xeven® as a consequence, direct or indirect, of complaints directed against the company by a registered user or a third party as a result of action by him, including expenses for defence and Attorney, notaries, experts, etc.
11. Data protection
11.1 Xeven® and the Organizer are configured as responsible for the treatment of the personal data of the Attendees, and must both comply with obligations required by the legislation on data protection, especially in the information and consent and the implementation of appropriate security measures to ensure that the information cannot be accessed improperly lost or destroyed.
Both parties will use as preferred notification’s means the email, being the Xeven® Xeven@Xeven.net and the organizer’s that provided when registering and subscribing to these conditions.
13. Duration, resolution and withdrawal
13.1. The contracting is established for the period indicated in the specific conditions accepted depending on the Plan selected by the Organizer, can be extended automatically for identical periods, except upon cancellation. Non-payment will be direct cause for resolution.
13.2. The organizer may cancel the automatic renewal of these conditions freely before the end of the initial period of validity or any of its extensions through the configuration options of your account’s organizer on the platform. Otherwise, the payment shall be made in accordance with in the previous provision 5.
13.3. In the same way, Xeven® may cancel the automatic renewal of these terms freely before the end of the monthly period. Notwithstanding this, Xeven® can arrange dropping organizer’s subscription immediately if he/she breach repeatedly or severe provisions of these terms and conditions or if Xeven® received Organizer complaints, comments or negative appraisals and gravity. Also if the Organizer ceased to meet the requirements that are required to be configured as such pursuant to these terms and conditions.
13.4. The termination of these terms for any reason will mean that both the Web page (s) and the App/s are removed Internet or any mobile app store, although the events and projects of the Organizer will be stored on the platform during the three (3) months following such termination.
13.5. The organizers who have the status of user in accordance with the applicable regulations and consumer may withdraw from the contract, provided they had not started the execution of the services, within fourteen (14) calendar days following the conclusion of the contract. To do so, must simply send an email indicating that a Xeven@Xeven.net or a postal letter to Xeven® Events, S.L., CL. Marmolina 28, 2 ° E, 28032 – Madrid. In the annex to these terms is provided a model of communication of withdrawal that the Organizer, if wished, can use. Once executed services, by virtue of article 103 of the revised text of the General Law of consumers and users, not it may withdraw the services. When Xeven® had granted a trial period of the services to the Organizer, this means as an equivalent to the right to withdraw from the Organizer.
13.6. The organizers who do not have the status of consumer and user may not cancel the contract once formalized, safe, as specified on probation in the stipulation 5.5. of these conditions.
14. Safeguarding and interpretation
14.1. The present conditions, the special conditions accepted at all times and any other terms and conditions applicable to the Organizer are an agreement between the organizer and Xeven®.
14.2. In case of contradiction between the provisions of these terms and conditions and any other terms and conditions agreements signed between the parties, the terms and conditions of these terms and conditions shall prevail over provisions in those, unless the provisions listed therein expressly state otherwise.
14.3. The fact that any of the parties, by inability or convenience, not demanded strict compliance with any of the terms of these terms and conditions at a certain point, does not imply nor can be interpreted as a modification, total or partial, of them, nor as a waiver for its part to enforce in its stringent terms in the future.
14.4. The Declaration of invalidity of one or more of the provisions of these terms and conditions by the competent authority shall not prejudice the validity of the remaining. In this case, the Contracting Parties undertake to negotiate a new stipulation in lieu of the void with the greater possible identity with it. If the replacement was impossible and the provision was essential for these conditions, according to the part affected by its removal, this may opt for the resolution of the conditions.
14.5. Any reference in these conditions to an article or regulatory body that is repealed means performed the equivalent provision substituted.
15. Independence of the parties
Xeven® and the Organizer, in all case, are independent contract parts. In No case these conditions pose the creation of link between the parts more that the derivative of the strict content of these terms. In virtue of these provisions no relationship of Agency, of franchise, joint venture, society or legal representation to a part for Act on behalf of the another is set .
16.1. Language applicable to these conditions is Spanish. If versions of these conditions in other languages is offered is for the convenience of the Organizer, and it accepts that they are always governed by the version in Spanish.
16.2. In case of contradiction between what it says the version in Spanish of these conditions and what any of its translations, the version in Spanish shall prevail anyway.
17. Legislation and applicable jurisdiction
17.1. The relations between Xeven® and the Organizer arising as a result of the acceptance of these terms and conditions are governed by Spanish legislation and jurisdiction.
17.2. To solve arguments or conflicts occurring between Xeven® and organizer which has consideration of consumer and user in accordance with the applicable regulations, both shall be subjected, expressly waiving any other jurisdiction that could correspond to them, to the courts of the domicile of the Organizer.
17.3. Where the Organizer does not have consideration of consumer and user in accordance with the applicable regulations, the Parties shall be subjected, expressly waiving any other jurisdiction that could correspond to them, to the courts and tribunals of the city of Madrid.