Legal notice

IDENTIFICATION DATA OF THE PLATFORM OWNER

This portal, whose owner is RED COLLECTOR, SL with NIF B-87922951, domiciled at C/ Núñez de Balboa, 120 bajo - 28006 Madrid, and telephone number 915 91 98 85, is made up of the websites associated with the domain “redcollectors.com”.

OBJECT

This LEGAL NOTICE (hereinafter, “NOTICE”) aims to define the terms of access and use of the web and mobile application (hereinafter, the “Platform”) as well as the responsibilities arising from the use of its contents (hereinafter, “Contents” shall be understood to mean texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions, personal data (own or third party), professional contacts and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property).

It shall be understood that access to or mere use of the Platform implies express and unreserved acceptance of all the terms of this NOTICE that are published at any given time. If the User does not agree with the terms set forth, he/she should not access or use the Platform.

In this sense, “User” shall be understood as any person who accesses, browses, uses or participates in the services and activities, free or paid, developed on the Platform.

The user must prove that he or she is over 18 years of age to contract the services offered by the Platform.

CONTENT PUBLISHED BY USERS

The USER will be the owner (or must have the authorization of the owner) of all the Content or any information that he/she uploads to the PLATFORM and will be able to control how said Content is shared/managed through the PLATFORM. By uploading Content, the User acknowledges that he/she is the owner or is duly authorized to use it and will be the sole party responsible for the veracity of the data and the Content, and will therefore be exclusively liable for any liability or damage that may arise in this regard. The User acknowledges that RED COLLECTOR, SL reserves the right to cancel the Users who do not comply with the general conditions of use.

When the User deletes Content from the PLATFORM or unsubscribes from the service, such Content will be deleted in a similar way to emptying the recycle bin on a computer. However, deleted Content may remain in backup copies for a reasonable period of time (although it will not be available).

In order for the PLATFORM to be a safe environment and to protect our Users, it is strictly prohibited to publish Content:

1) That they may be considered as a violation in any form of the fundamental rights to honor, personal and family privacy or the image of third parties and, very especially, of minors;

2) That include photographs that contain images or personal data of third parties without having obtained the appropriate consent of their owners;

3) That violate the confidentiality of communications or that constitute an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data;

Any User who breaches these prohibitions will be liable for any claim arising as a result. Even if no claim is made by a third party, RED COLLECTOR, SL reserves the right to prevent access to the PLATFORM or the possibility of participating in the spaces enabled therein to Users who breach these conditions.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

RED COLLECTOR, SL is the owner or, where applicable, has the corresponding licenses for the intellectual and industrial property exploitation rights of the PLATFORM, as well as all the content offered by it, including the platform itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.

In no case shall it be understood that the access and use of the PLATFORM by the User or the use implies a waiver, transmission, license or total or partial transfer of said rights by RED COLLECTOR, SL. The User will have, where applicable, a right to use the Intellectual Property of the PLATFORM by means of his/her license of use.

All intellectual and industrial property rights over the contents and/or services of the PLATFORM are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the PLATFORM, for public or commercial purposes, without the prior, express and written authorization of RED COLLECTOR, SL or, where applicable, the owner of the corresponding rights.

LINKS TO THIRD PARTY CONTENT

Within the framework of services provided to the PLATFORM USER, RED COLLECTOR, SL has signed agreements with third parties so that the USER has access to the information, and can benefit from the advantages offered by the company.

To this end, the PLATFORM makes its own and third-party tools available to the USER through hyperlinks.

RED COLLECTOR, SL will only be responsible for the content of its own tools as well as the services offered.

RED COLLECTOR, SL, on the other hand, will not be responsible for the information referenced in the links that are beyond its control, nor for the content of third-party tools, since it makes these links available to the USER for informational purposes only, which does not imply that RED COLLECTOR, SL recommends said web pages or services, or that it is associated with them.

RED COLLECTOR, SL cannot guarantee that the USER will be satisfied with the products, services or information contained in a source external to the PLATFORM, nor is it responsible for the actions of third parties to the content of which it links.

SECURITY

RED COLLECTOR, SL ensures the security of the Contents or other information uploaded by Users to the PLATFORM and has provided all the means and tools to help keep the Users' accounts secure and their privacy protected.

The PLATFORM managers will only access the uploaded Content for computer maintenance purposes, if the User expressly requests it or for the performance of statistics or data analysis (e.g. to find out the number of images uploaded or their style). The Content may be analyzed to carry out statistical studies and reports relating to art. This information may be used even after the respective Content has been removed from the PLATFORM.

Since RED COLLECTOR, SL does not have the right to access or monitor the Content published by Users in the spaces enabled on the PLATFORM, it does not assume any responsibility for said Content.

AVAILABILITY AND MODIFICATIONS OF DIGITAL SERVICES

RED COLLECTOR, SL does not guarantee in any case the availability and continuity of the operation of the PLATFORM, which may be interrupted for reasons beyond the control of RED COLLECTOR, SL, due to format incompatibilities, as well as the interruption of Users' access to the service for security reasons or due to the service being permanently interrupted. To the extent possible, advance notice will be given of any type of interruption or cessation of operation that the digital services may suffer. RED COLLECTOR, SL is exempt from any liability for damages that the lack of availability of the digital services for reasons beyond its control may cause to its Users.

Likewise, RED COLLECTOR, SL reserves the right to make, at any time, modifications, inclusion of new services and updates to the information contained in the digital services, its configuration and presentation.

LIMITATION OF WARRANTIES AND LIABILITIES

RED COLLECTOR, SL cannot guarantee the reliability, usefulness or veracity of the Contents uploaded by Users, nor their usefulness or veracity. RED COLLECTOR, SL, being only a tool, cannot be linked except in the manner described in these General Conditions and, as such, the Contents and information uploaded by each User will be their exclusive responsibility.

Furthermore, RED COLLECTOR, SL cannot guarantee the continuity of the services and consequently RED COLLECTOR, SL is exempt from any type of liability for damages of any kind in the following cases:

  • Due to the impossibility or difficulties in connecting to the communications network through which this PLATFORM is accessible, regardless of the type of connection used by the user.

  • Due to interruption, suspension or cancellation of access to the PLATFORM, as well as due to availability and continuity of the operation of the PLATFORM or the services and/or contents therein, when this is due to a cause beyond the scope of control of RED COLLECTOR, SL, whether directly or indirectly arising from it.

  • RED COLLECTOR, SL does not assume any responsibility for the services and content of third parties or for the availability and conditions, whether technical or not, of access to them, which are offered by third party service providers, especially with respect to information society service providers.

  • Of the quality and speed of the PLATFORM and the technical conditions that the user must meet in order to access the PLATFORM and its services and/or contents.

VALIDITY OF THE CONDITIONS OF USE

RED COLLECTOR, SL may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same manner in which these NOTICES appear or through any type of communication directed to Users.

JURISDICTION

Any question that may arise in relation to the conditions contained in this legal notice will be subject to SPANISH LAW, excluding any other state legislation unless applicable by legal imperative.

All matters relating to the services and content provided or related to the Platform, including the interpretation, validity, effectiveness, compliance, execution, precautionary or provisional protection of these NOTICE or the corresponding Specific Conditions, of the privacy policy will be subject to the knowledge of the Courts and Tribunals of the city of Madrid.