Terms of Use

SOLIDARITY APP is a service provided by SOLIDARITY APP SL holder of tax ID code nº B- B66742479 and with registered address at c/ del Carme, 36, 4, 1, Barcelona (08018), Spain, registered in the Barcelona Commercial Registry on 31 March 2016 with nº de inscripción 1, Tomo 45.289, Folio 69 and Hoja 483001.

Contact email: info@solidarityapp.com

The Agreement - The Terms

These Terms of Use (hereinafter, the "Terms") regulate both the use of the SOLIDARITY APP website, application, the simple browsing on the SOLIDARITY APP webpage, and the access and use of the services SOLIDARITY APP provides to all users (hereinafter, the “Site”, “SOLIDARITY APP”and/or "Service(s)").

Certain features of the Services or the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. To the extent such terms, guidelines, and rules conflict with these Terms, these Terms shall govern.

These Terms set forth the legally binding terms for the use of the Services and this Site by any user (hereinafter “Users”) registered or unregistered (any person browsing our Site, as well as the organizations, such as NGO and alike, that wish to use our Services to promote their social projects. As appropriate and convenient, we shall refer to all of them as Users.

By registering for Services, Users accept this Agreement and represent and warrant that have the right, authority, and capacity to enter this Agreement.

You may not access or use the Site or Services if you are not at least 14 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.

SOLIDARITY APP may change these Terms at any time. In such case, SOLIDARITY APP will inform You of any substantial changes in written (i.e. via e-mail).

Our Services, how does SOLIDARITY APP work?

SOLIDARITY APP is an application that promotes the download of games in order to obtain an income which will be donated in a proportion of 90% to the Organization (hereinafter, the "Project").

In this regard, SOLIDARITY APP states:

1) Not related to the manufacture and / or trade of weapons.

2) Respect the fundamental ILO Conventions on forced labor, child labor and the right to organize.

3) Not being involved in the exploitation of individuals or nations (Pornography, fraud, corruption and criminal activities).

4) Respect the environment and not have been previously convicted of environmental crimes.

5) Not be linked to the nuclear industry.

6) Not related to the production and / or marketing of distilled alcohol or tobacco.

Organizations, for their part, are foundations, entities, individuals, associations, legal entities or NGOs whose purpose is to promote solidarity, social, humanitarian, educational or collaborative projects and actions.

SOLIDARITY APP and the Organizations wish to collaborate to obtain funds for the purposes of the Organizations in the terms and conditions established in this section.

PURPOSE OF THE COLLABORATION

The purpose of this Agreement is to establish the legally binding terms and conditions for the use of the trademark and the logo of the Organizations by SOLIDARITY APP, as well as to establish the commitments acquired by SOLIDARITY APP in the framework of this agreement and to regulate the relations Between SOLIDARITY APP and the Organizations in relation to the Project. In case of contradiction between the provisions in this section (Our Agreement with the Organizations that use our services) and the Conditions of Use, the provisions of this Agreement will prevail over the Conditions.

SOLIDARITY APP UNERTAKINGS

SOLIDARITY APP is committed to promoting the application with the aim of attracting both national and international users with the aim of favoring and increasing donations to the Organization. In this way, the advertising campaign will consist of, among others, press releases, social media advertising (for example, Facebook) as well as the application itself. In addition, both the national and international media will be able to disseminate the news of this collaboration between SOLIDARITY APP and the Organization in order to generate and increase the number of users as well as donations to the Organization.

SOLIDARITY APP is committed to donating 90% of the revenue generated by users who download the application to the Organization.

SOLIDARITY APP undertakes to send weekly and monthly reports of the progress of the donations generated to the Organization.

SOLIDARITY APP undertakes to perform accounting audits as well as to present the results of such audits to the Organization in order to credit a minimum donation of 90% of the income obtained.

SOLIDARITY APP is committed to supporting both the Organization and its advertising campaigns as the Organization itself (including but not limited to donations to the Organization and / or specific causes).

SOLIDARITY APP is committed to comply with current national and international legislation and to respect human rights.

SOLIDARITY APP is committed not to promote any app or game that refers to the mistreatment and / or use of animals, promotion of violence, smoking or alcohol consumption.

In cases of applications with content that there is a reasonable doubt that they could conflict with the commitments listed in the previous sections, SOLIDARITY APP undertakes to request advice and consent before accepting them.

COMMITMENTS OF THE ORGANIZATION

The Organization undertakes to submit to SOLIDARITY APP a video related to the campaign promoted by the Organization as well as a short description (maximum 150 characters) and a long description (maximum 500 characters) of said campaign in order to display such materials in the Application developed by SOLIDARITY APP.

The Organization undertakes to allow SOLIDARITY APP to use both its brand, its content and its advertising campaigns and the use of its logo for commercial purposes. Due to the investment to be made by SOLIDARITY APP, this commitment will last the entire campaign, but at least three (3) months.

The Organization undertakes to allow the display of its trademark and logo both in the application, as well as on the website and in the publicity campaigns that SOLIDARITY APP promotes (including, but not limited to press releases, social networks, media Communication, advertising videos, etc.).

PAYMENT

Every first five days of each month, Solidarity App shall liquidate the payments received the previous month and shall pay the due amounts to the Company, by a bank transfer to the account that has been communicated to SOLIDARITY APP in advance, which is entitled to be modified as often as deemed appropriate.

If SOLIDARITY APP deliberately hide the generated incomes, this shall be bound to pay double this amount to the Company.

DURATION

Either party may terminate this Agreement by giving three (3) months’ notice to the other Party and by any means that proves its effective notification and receipt to the addresses or to the e-mail mail provided in this Agreement.

After the termination of the Agreement:

Shall be enforceable those obligations that may have been accrued up to the date and the confidentiality obligations shall remain in force for five (5) years after the termination of the Agreement and the jurisdiction clause.

In the case of advertising acts or operations that have been concluded after the termination of the Agreement by the Company, the Company will be entitled to receive the payment when the act or operation are due to the activity carried out by the Company during the term of the contract, as long as there were concluded within a period of three months after the termination of the agreement. If the termination of the agreement was by the will of SOLIDARITY APP, the Company shall be entitled to receive the payment anyway.

CONFIDENTIALITY

All information regarding the Parties and their respective businesses and activities provided by one Party to the other Party, whether in writing, verbally or by any other means, and whether before or after signature of this Agreement, and the existence and contents of this Agreement, must be maintained in confidence and refrain from being used to their own advantage, except in the following cases:

When disclosure of the confidential information is required from a Party, their parent company or any entity in the Party’s Group, by Law or by requirement or recommendation of a Governmental Authority, provided that it previously informs the other Parties.

When disclosure of the confidential information is required from a Party, their parent company or any entity in the Party’s Group, by Law or by requirement or recommendation of a Governmental Authority, provided that it previously informs the other Parties.

6.4 When the confidential information is disclosed to directors, managers, shareholders, members, employees, consultants or advisers, amongst others, of a Party, of their parent company or of the Party’s Group, provided that the recipients of such confidential information sign a confidentiality agreement.

6.5 When the confidential information is disclosed to directors, managers, employees, consultants or other advisors to third parties, in relation to transactions of corporate nature in which the relevant Party is involved, provided that the recipients of such confidential information sign a confidentiality agreement.

For the purposes of this Agreement the term "group" has the meaning provided in Article 42 of the Code of Commerce.

NOTIFICATIONS

All communications among the Parties relating to this Agreement shall be in writing and shall be delivered in person or by any other method, with acknowledgement of receipt to the addresses or e-mails included above in respect of each Party.

Unless expressly otherwise established in this Agreement: (i) periods expressed in “days” shall refer to business days in the city of Barcelona, Spain, and (ii) periods expressed in “months” or “years” shall run from date to date from the date of commencement of the computation up to the same day of the final month or year of the period (both inclusive), unless the said date does not exist in the final month or year of the period, in which case the period shall end on the immediately previous day.

MISCELLANEOUS

This Agreement may only be amended if so agreed in writing by the Parties.

Any failure or delay to enforce any of the rights or actions under this Agreement is not to be taken as or deemed to be a waiver of that right or action or a waiver of any other rights or actions. Also, the partial exercise of any right or action under this Agreement shall not preclude the exercise of that right or the exercise of any other right or action.

This Agreement constitutes the entire agreement between the Parties in relation with the purpose hereof. Nothing in this Agreement shall be deemed waived, modified or altered unless expressly so agreed in writing by the Parties.

If any of the terms and conditions of this Agreement shall be declared unlawful or unenforceable, they may be modified or considered not set, in order to keep all or the remaining part of this Agreement into force. This Agreement supersedes and terminates any other agreement, whether verbal or written, among the Parties, concerning the provisions hereof.

APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed by the laws of Spain.

The Parties wish to submit any dispute, matter or incident, which may arise between them in relation to this Agreement to the Spanish courts of the city of Barcelona, expressly waiving any other competent jurisdiction or court.

Copyright Policy

SOLIDARITY APP respects the copyright and intellectual property rights of the Apps developers, Users and third parties.

The Users of the SOLIDARITY APP Services undertake to respect the copyright and IPR of other Users, Organization, third parties, other individuals or legal entities and SOLIDARITY APP.

Except for those uses, exceptions or limitations legally established, the Users undertake not to broadcast, reproduce, communicate, transform, distribute, disclose or store any App or other contents through the Services, without the express consent of SOLIDARITY APP or the holders of such rights.

Notification of Infringements (REPORT)

SOLIDARITY APP provides Users with an e-mail notification system, reserved and confidential, to inform of those Apps and Contents or other activities performed through the Services involving an infringement of the Terms and the Data Protection Policy.

If Users considered that some Apps or contents infringe the Terms and Privacy Policy for example, for any of the foregoing reasons:

a) Infringes their copyright or intellectual property, or that of third parties.

b) Is of a sexual or pornographic nature.

c) Offends minors.

d) Invades the privacy of others.

e) Is of an offensive, derogatory, racist, homophobic or obscene nature.

f) Other circumstances.

Users should report SOLIDARITY APP by sending an e-mail to info@SOLIDARITY APP.com informing on any unlawful or inappropriate Apps or contents or alleged infringements the Terms or the Privacy policies.

Having received notification of an infringement, SOLIDARITY APP undertakes to examine the Apps or content reported and, at its discretion, provisionally suspends them of the Services until the issue is resolved.

In order to obtain additional information relating to the report and reported Apps, SOLIDARITY APP may contact both the App developer responsible for the Content and the User reporting it.

Such information may consist of certificates and declarations on the ownership and rights of the App, signed statements from Users, and any other information necessary for clarifying and resolving the report.

Users undertake to collaborate with SOLIDARITY APP and provide any information which may be necessary to process and resolve the report.

Once the App has been examined, and any supplementary information received which, where applicable, might have been requested, SOLIDARITY APP shall cancel or keep the App on the Services.

In the event of any abusive or false reports, SOLIDARITY APP reserves the right to suspend the account of the User making the false or abusive report, and even cancel such User account in the case of repeat offenders.

SOLIDARITY APP guarantees the confidentiality of the identity of the reporting party, and under no circumstances will notify any third parties or the reported User of this.

Copyright Complaints

SOLIDARITY APP respects authors’ and content holders’ rights.

SOLIDARITY APP may promptly terminate without notice any User’s access to the Sites and Services if that User is determined by SOLIDARITY APP to have infringed the rights of copyright holders.

If you believe that any material on the Services violates any copyright or similar rights which you own or control, you may send a written notification to info@SOLIDARITY APP.com .

The notification must consist of a written communication that includes the following:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Monitoring of third party Apps and Content

Users acknowledge that SOLIDARITY APP does not actively monitor any third party content or content appearing on the Site or our Services which derives from a third party website and SOLIDARITY APP shall not be responsible or liable for any such content including, without limitation, any third party content:

· which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or

· in which the IPR are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or

· which is prohibited by the applicable Data Protection Law.

If we are informed or if we suspect that any material on the Services or the Site infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Site or Services.

We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If any User has any concerns or queries about material which appears on this Site or the Services (including any content displayed on the Site that has violated any Intellectual Property Rights) please e-mail us a info@SOLIDARITY APP.com

Disclaimer

SOLIDARITY APP makes no warranties regarding the Apps or any other products or Services provided to Users, and each of the foregoing are provided by us “AS IS”.

Accounts

In order to use the Services, potential Users must register for an account with SOLIDARITY APP (“Account”) and provide certain information about yourself as prompted by the Site registration form. All Users represent and warrant that: (a) all required registration information submitted is truthful and accurate; and (b) will maintain the accuracy of such information. Without limiting the generality of the foregoing, agree to provide SOLIDARITY APP with identification documents (including copies of IDs, passports or driver’s licenses) which SOLIDARITY APP requests from Users from time to time for the purposes of verifying your identity.

Users may delete their Account at any time.

User are responsible for maintaining the confidentiality of their Account login information and are fully responsible for all activities that occur under their Account.

Users agree to immediately notify SOLIDARITY APP of any unauthorized use, or suspected unauthorized use of their Account or any other breach of security which is based on their negligence.

SOLIDARITY APP cannot and will not be liable for any loss or damage arising from the Users’ failure to comply with the above requirements.

SOLIDARITY APP reserves its right to cancel any Account that has been inactive for more than 6 months.

Users may not have more than one Account.

Site

License

Subject to these Terms, SOLIDARITY APP grants Users a non- transferable, non-exclusive, license to use the Site and the Services.

Certain Restrictions

The rights granted to Users in these Terms are subject to the following restrictions: (a) shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services; (b) shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.

All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. SOLIDARITY APP reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice.

Users agree that SOLIDARITY APP will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. Users acknowledge and agree that SOLIDARITY APP will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

Disclaimer of warranties

Users expressly agree that if they choose to use the Services they do so at their sole risk.

Users acknowledge that SOLIDARITY APP has no obligation to conduct any background check on any App or content included in the Services.

The Service and all products and services delivered to Users through the Service are (except as expressly stated by SOLIDARITY APP) provided 'AS IS' and 'AS AVAILABLE' for the use of Users, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of liability

Subject to the maximum extent permitted by applicable law, Users agree that SOLIDARITY APP shall not be liable for: (a) any direct loss, claim or damage; or (b) any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Website or its contents which are entered via the Website; (ii) any failure or delay in the use of any component of the Website or any service including, without limitation, any unavailability of the Website or the services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Website, in all cases even if we have been forewarned of the possibility of such loss or damage.

Due to the inherent risks of using the Internet, SOLIDARITY APP cannot be liable for any damage to, or viruses that may infect, Users’ computer equipment or any other property when you are using or browsing the Website and the Service. The downloading or other acquisition of any materials or information through the Website is done at the Users own discretion and risk and with your consent that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.

To the maximum extent permitted by applicable law, Users agree to indemnify SOLIDARITY APP against any claims or legal proceedings that may arise through the Users’ use of the Site and Services or from any breach of these Terms by Users.

We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.

Indemnification

You agree to indemnify, defend and hold harmless SOLIDARITY APP and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, actions, losses, penalties, expenses or damages (including, without limitation, counsel fees) arising out of any breach or alleged breach by You of its representations or warranties under these Terms or your violation of any law or the rights of a third-party.

Termination

We may remove the Site or cease the provision of any of the Services, or terminate Your registration with the Site and the Services at any time in our sole discretion for any reason whatsoever. You will be informed of such operations in a reasonable time period.

Termination of your registration, howsoever caused, shall not affect the accrued rights and liabilities of either You or us as at the time of such termination.

Miscellaneous – Governing Law and Jurisdiction

Any failure or delay by us to enforce any of our rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

These Terms are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms under the applicable laws.

If any clause or part of a clause of these Terms is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

These Terms and the Privacy Policy set out the full extent of our obligations and liabilities concerning the Services SOLIDARITY APP provided via the Site, and replace any previous agreements and understandings between us and You.

You agree that any dispute or claim arising out of the subject matter of these Terms shall be governed by and construed in accordance with the laws of Spain with respect to agreements to be fully performed therein and you agree to submit to the exclusive jurisdiction of the courts of Barcelona, Spain.

The English version of these Terms shall prevail to any other version or translation of these Terms.

 

 

Copyright © 2017, SOLIDARITY APP.

All rights reserved. All copyrighted works, trademarks and logos used, part of or displayed on the Site are SOLIDARITY APP’s property or the property of other third parties. You are not permitted to use them without SOLIDARITY APP’s prior written consent or the consent of such third party which may own them.