TERMS OF SERVICE

This document describes the terms under which ESPONTANEAS.COM offers access to its collective creation space and all services offered through its webpage.

Feel free to contac us in case of any inquiries via email: espontaneaslinux.es or via regular mail: C/Toro 43-45 3ro Izq, Salamanca, (37002), Spain.

• About users and type of services

All services provided by ESPONTANEAS.COM belong to an experimantal creative space, which is only available to all people or entities with legal capacity to sign up for an organizational or collaborative commitment, and to contracts in compliance with the Spanish and international Law. As a result, some of our services are not available for children, without an authorization. All services offered by ESPONTANEAS.COM, are provided between independent parties, without any intervention, nor any possibility of creating with the services provided by this website: A society, an employee-employer relationship, franchiser-franchisee, a joint venture, nor agancy contract. The use of the ESPONTANEAS.COM space or any of its contents, attributes the state of "User" contractually. Such condition implies the acceptance, without exceptions, of the current Terms of Service.

ESPONTANEAS.COM is a creation itself, the exportation and importation of graphic material or any multimedia content has been implemented in order to create original and creative content. ESPONTANEAS.COM is a computer technology designed to integrate with contents provided by Users, to generate solutions of distribution of this content, to generate, distribute and provide a creative experience, interactive, memeplexes and a social compromise with free creation and information transmission.

ESPONTANEAS.COM makes available to you a technology platform composed by a software and a website, and the interaction of thousands of multimedia artworks delivered by other users, giving you a chance to cooperate in a dynamic multimedia artwork fed by user contributions. With that purpose, we offer you advise and technical support.

• Intellectual Property

The relation between ESPONTANEAS.COM and the users, in respect to multimedia materials used or uploaded is governed by a free license. This doesn't mean there are no author rights, nor that the author does not exist, nor that the author does not have rights on the art that is made available as public domain. During the period of one year (with the option of extending it), unless the parties state it differently, the user who publishes multimedia content in the platform or webspace of ESPONTANEAS.COM gives away to ESPONTANEAS.COM the following rights:

Reproduction: Copying the multimedia content through any other media that would allow it's distribution and copy.

Distribution: Making available to the public either original or copies of the artwork through sell, rent, or lending in any way.

Rent: Making available original and copies of the artwork for a limited time, with a direct or indirect economic benefit.

Lending: Committing to delivering original and/or copies of the artwork for a limited time without direct or indirect commercial benefit.

Public communication: A plural group of people can obtain access to the artwork, without previous distribution of copies to each one of them.

Transformation: Traduction, adaptation or any other modification of the original artwork which results in a different piece of artwork.

Integration: The possibility of integrating the artwork inside another piece of artwork where it may even loose its identity to become a new piece of artwork.

The author preserves all the moral rights as a creator, which implies that the author must always be mentiones and only gives away the previously described rights with the folllowing objective: The creation of a creative network space to which any user can add his/her artwork, reproduce them, copy them, and transform them. The reproduced, copied, or transformed artowk still belongs to the ESPONTANEAS.COM space, who still makes use of the rights originally granted by the user. Therefore, the artwork derived allow any user its access, reproduction, copy or transformation. Both the author and ESPONTANEAS.COM, or whoever ESPONTANEAS.COM designate, will have the legal capacity, collective or independent, to demand such conditions are fulfilled.

Nobody, including the author of the website nor a third-party will commercially exploite these contents, nor will sell them nor lease them to a third-party.

No DRM manufacturer or provider who restricts the free access or distribution of content, or any provider of content distribution channels, can introduce limitations  nor restrictions to the distribution, access nor distribution of the contents hereby delivered and/or granted.

If the content of any multimedia artwotk of ESPONTANEAS.COM is subject to format restrictions  (such as DRM) or channel restrictions, this will imply that the intellectual property of the art is being breached.

ESPONTANEAS.COM states that the the rights granted are given as per the author's interest of creating a community of free knowledge for which the reciprocity is a fundamental element and is a fundamental element and an essencial condition to this license. None of the functions provided by this website are authorized  to become part of any patent in the United States. In addition, if any beneficiary of this website's contents begins a legal action against any person or entity for patent infringement applicable to software, then whoever grants the rights understands that reciprocity does not exist and that all rights related to this artwork will be terminated on the date in which such legal action took place.

The USER/AUTHOR transmits ESPONTANEAS.COM the right of remuneration for private copy of which its remuneration is reserved and stated as not granted to any existing Entity of Collective Management of User Rights.

• Fraud

Without prejudice of any other measures, ESPONTANEAS.COM may suspend or close the user account in case any justified suspects (due to any sort of recognition) that the user is involved in any fraudulent activity related to this website.

• Lack of warranty and limitation of responsibility:

ESPONTANEAS.COM OFFERS ITS PACKAGE OF SERVICES "AS IS", WITHOUT ANY ADDITIONAL NOR IMPLICIT NOR LEGAL WARRANTIES. ESPONTANEAS.COM WILL NEVER BE RESPONSIBLE FOR LOSSES NOR DAMAGES OF ANY NATURE RELATED WITH THIS WEBSITE.

ESPONTANEAS.COM does not grant a continuous access, uninterrupted nor secured to its services, warning users that the availability of this website can be affected by a number of facts out of the control of ESPONTANEAS.COM.

ESPONTANEAS.COM, with the purpose of helping the dynamic creativiy of the website, does not introduce any previous control on the content of the artwork published, which would constitute censorship, and is not responsible for the illegal content that might be incorporated by any user. However, ESPONTANEAS.COM commits to third party rights by reacting in the shortest time possible, to erase any forbidden content from the website.

• Use limitations

This website follows the Spanish and European norms related to intellectual property and, in general, to public order. The User will never perform any acts nor introduce any content that would:

1) Compromise children's rights and, in general, the dignity of any peron, by promoting discriminatory attitudes toward sex, race, ideology, religion, etc. 

2) Promote violence, respond to the encouragement of any extremist groups, promote illegal or derogatory activities, breach the intellectual or industrial property of third-parties.

3) Compromise privacy rights or any third-party's image.

4) Corresponds to any confidential or privileged information.

• Privacy

In order to access any of the services offered by ESPONTANEAS.COM, the user will have to deliver personal data, which will be processed by ESPONTANEAS.COM with the sole purpose of delivering the services hired by the user. As a result of that, ESPONTANEAS.COM will process such personal data with automated electronic files with the purposes of the activities described in the Legal notes and Privacy Policy, which are available at http://www.espontaneas.com/legal. Such data is subject to the preset Terms of Use, where the mailing address to which any communications is to be directed, related to access, modification and cancellation rights or personal data.

• Communication

Unless otherwise expressed, any communications will be delivered via post mail to our physical address. Any communication by ESPONTANEAS.COM (ASOCIACION LINUX ESPAÑOL) to the user will be delivered to the email address provided by the User during the registration process.

• Applicable Law

The current Terms of Use are governed by the Spanish Law. In case that any of the previously declared clauses become null or unexecutable, the remaining part of the present contract will remain valid. 

However, the parts state that will replace, as long as it is possible, any clause declared invalid by any other clause that would reflect their initial will, in the best objective and loyal way.

The parts hereby express their resignation to the legal grounds that may correspond, and agree to manage any discrepancies to the interpretation or enforcement of its relations to the competent tribunals of Málaga.