Terms and conditions of the service

Service

The Service offers you the ability to discover, view and share videos and other content. It’s a place where users can connect with others, learn about the topics they care about, and inspire people across the globe. In addition, it serves as a distribution platform for both original content creators and advertisers large and small.

Service Provider

The entity that provides the Service in the European Economic Area and Switzerland is Eckium Knowledge S.L., (hereinafter Eckium) an entity established in Spain and governed by the laws of that country, (registration number B76754639), with registered office at Av. Ramón y Cajal 109, Madrid, Spain (hereinafter “HypermdiaLAB”, “we” or “our”). When in these terms reference is made to the “Associated Entities” of HypermediaLAB, it should be understood as a reference to the rest of the entities that are part of the Eckium Group.

Applicable conditions

Your use of the Service is subject to these terms and the Security, and Copyright Policies (collectively, the “Agreement”). Please read this Agreement carefully and make sure you understand it. If this is not the case or you do not accept any of its clauses, you will not be able to use the Service. The mere access to the Service does not imply its registration or the obligation to provide personal data. This obligation will only take place if the interested party wishes to register as a New User to carry out any specific action that does require said contribution. For example, it is understood as a contribution of personal data, the email address. The User will be responsible for providing true and lawful data, at the same time that he will be responsible for the proper use of the Service. Likewise, and with respect to the contents, the User declares to assume responsibility for the contents, opinions or links that he incorporates in the Comments and his exclusive authorship, guaranteeing that they do not violate the rights of intimacy, privacy, image or property. intellectual or industrial that correspond to third parties. In no case Eckium is responsible for the opinions expressed or links published in the Comments or for the consequences derived from them. Eckium reserves the right to withdraw those content, opinions or links that violate the provisions of these conditions. All information that is provided by the User through the Services must be authentic and truthful. In particular, this will be applicable to the email address that the User transmits to Eckium. In any case, the User will be solely responsible for any false or inaccurate statements made and for the damages caused to Eckium or third parties due to the information provided.

Who can use the Service?

Minimum age

You can use the Service if you are over 14 years old; in addition, minors of all ages can use HypermediaLAB (where available) if it has been activated by their father, mother or legal guardian.

Permission of the father, mother or legal guardian

If you are under 18 years of age, you must have permission from your parent or legal guardian to use the Service. Please ask them to read this Agreement with you. If you are the father or mother or legal guardian of a user under the age of 18, by allowing the minor to use the Service, you are binding yourself to comply with the terms of this Agreement and you will be responsible for the minor’s activity on the Service.

Companies

If you use the Service on behalf of a company or organization, you confirm that you have the ability to act on behalf of that entity and that it accepts the Agreement.

Your use of the Service

Content in the Service

The Content on the Service includes templates, videos, audios (for example, music and other sounds), graphics, photos, text (comments and scripts, among others), branding (such as trade names, brands, trademarks of the services or logos), interactive features, software, metrics, and other materials (collectively, the “Content”). Content may be uploaded to the Service and distributed by our users. HypermediaLAB is a provider of hosting services for such Content. The Content is the responsibility of the person or entity that has uploaded it to the Service. If you find Content that you believe violates these terms, either because it violates Community Guidelines or the law, you can report it.

Accounts and HypermediaLAB channels

You do not need a HypermediaLAB account to use certain features of the Service, such as viewing or searching for Content. However, it is to use others. Creating a HypermediaLAB channel will give you access to additional features, such as uploading videos, commenting, or creating playlists. To protect your HypermediaLAB account, keep your password confidential and do not reuse it in third-party applications.

Your information

Our “Privacy Policy” explains how we treat your personal data and how we protect your privacy when you use the Service. We will treat any audio or audiovisual content that you upload to the Service in accordance with the “HypermediaLAB Conditions for Data Processing”, except in cases where you have uploaded such content for personal purposes or for domestic activities.

Permissions and restrictions

You can access the Service and use it, as it is made available to you, as long as you comply with the provisions of this Contract and the law. You can view or listen to Content for personal and non-commercial purposes. You can also display HypermediaLAB videos through the embeddable HypermediaLAB player.

Your use of the Service is subject to the following restrictions. It’s not allowed:

1. access, reproduce, download, distribute, communicate to the public, transmit, broadcast, display, sell, license, alter, transform, modify or use in any other way, any part of the Service or Content except: (a) as specifically permitted by the Service; (b) with the prior written permission of HypermediaLAB and the holders of the corresponding rights; or (c) as permitted by current legislation;
2. circumvent, disable, fraudulently interact or otherwise interfere with the Service (or attempt to carry out any of these actions), with its security functions or with any other functions that: (a) prevent or restrict copying or other use of the Content; or (b) limit your use of the Service or Content;
3. access the Service through any automated means (such as robots, robots that extract information or networks of robots), except: (a) in the case of public search engines, according to the robots.txt files of HypermediaLAB; (b) with HypermediaLAB’s prior written permission; or (c) as permitted by current legislation;
4. collect or use any information that can identify a person (for example, collect usernames), unless you have the consent of that person or with the permission described in section 3 above;
5. use the Service to distribute unsolicited commercial or promotional content or to send bulk or unwanted offers (spam);
6. cause or encourage any erroneous measurement of the actual interaction of users with the Service, including payment or the offer of incentives to third parties, in exchange for increasing or manipulating the number of views, I like this video and I do not like this video, or increasing subscribers to a channel, or manipulating metrics in any other way;
7. inappropriate use of the complaint, grievance, challenge or appeal processes, for example, through unfounded, abusive or frivolous requests;
8. use the Service to view or listen to the Content for purposes other than for personal, non-commercial use (for example, you are not allowed to publicly play videos or music from the Service); or
9. use the Service to: (a) the sale of advertising, sponsorships or promotions placed on the Service or Content (or around or within it) that does not correspond to what is allowed in the “Advertising policies for advertisers ”(Such as product placements); or (b) the sale of advertisements, sponsorships or promotions on any page of any HypermediaLAB or application that only contains Service Content or where Service Content is the primary source for such sales (for example, the sale of advertisements on a page website where HypermediaLAB videos are the only valuable content).

Reservation

Any right that is not expressly granted in this Agreement belongs only to HypermediaLAB or to the corresponding holders. This means, for example, that by using the Service you do not acquire intellectual or industrial property rights of any kind over the Content you access (including any branding that is used or displayed on the Service).

Changes to the Service

HypermediaLAB continuously adapts and improves the Service. We may need to alter or discontinue the Service, or a portion of it, to improve its performance or security, change certain functions and features, or carry out modifications that are necessary to comply with the law or prevent illegal activities on our systems or the inappropriate use of them. We will always take into account and take stock of the impact that such changes may have on the use of the Service. To the extent reasonably possible, we will report any significant interruption or change to the Service that may adversely affect the use of the Service. However, we will occasionally make changes without notice if, for example, it is necessary to improve the security and operation of the Service, prevent inappropriate use, or comply with legal requirements.

Your Content and conduct

Upload Content

If you have a HypermediaLAB account and / or channel-HUB, you may be able to upload Content to the Service. You can use your Content to promote your company or artistic project. If you choose to upload Content, you must not upload Content that does not comply with the provisions of this Agreement or the law. For example, the Content you upload may not include intellectual or industrial property of third parties (such as material protected by copyright), unless you have the permission of said third party or have the right to do so under applicable law. You are legally responsible for the Content that you upload to the Service. We may use automated systems to analyze your Content to help detect violations or misuse such as spam, malicious software, or illegal content.

Rights you grant

You retain all ownership rights to your Content. In short, what belongs to you is still yours. However, you must grant certain rights to both HypermediaLAB and other users of the Service, as indicated below.

License to HypermediaLAB

By creating and uploading Content to the Service, you grant HypermediaLAB a worldwide, non-exclusive, free and royalty-free, transferable and sublicense right license to store and display such Content (including to reproduce, distribute, modify, transform, display, communicate it to the public and represent it) in order to operate, promote and improve the Service.

License to other users that you authorize

You also grant each user of the Service to whom you authorize a license to access your Content through the Service and to use such Content (including to reproduce, distribute, modify, transform, display, communicate to the public and represent it) to the extent that you agree and what is allowed by the functions of the Service.

License duration

Both licenses will remain in effect until your Content is removed, as noted below. At that time, the licenses will be terminated, unless the operation of the Service, the permitted use of your Content before it is removed, or the law requires otherwise. For example, if you remove your Content, HypermediaLAB is not obligated to: (a) retrieve Content used by other users through any limited offline playback features of the Service; or (b) delete any copies that we keep for lawful purposes.

Withdrawal of your Content

You can remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You should remove your Content if you no longer have the necessary rights under these terms.

Removal of Content by HypermediaLAB

If we have reasonable grounds to believe that your Content violates the provisions of this Agreement or that it may cause harm to HypermediaLAB, our users or third parties, we may remove or disable such Content, either in part or in whole. We will inform you of the reason for our action, unless we have reasonable grounds to believe that doing so: (a) would violate the law or the guidelines of a competent authority, or would entail legal liability for HypermediaLAB or our Associated Entities; (b) an investigation or the integrity or operation of the Service would be jeopardized; or (c) damage would be generated to another user, a third party, HypermediaLAB or our Associated Entities.

Copyright protection

We provide information to copyright holders to enable them to manage their intellectual property online at the HypermediaLAB Copyright Center. If you believe your copyright has been infringed on the Service, please notify us. As the HypermediaLAB policies indicate, in certain circumstances, access to the Service will be canceled by users who repeatedly commit violations.

Intellectual and industrial property and image rights

The Service and the different elements and contents that comprise it, such as photographs, graphic designs, trademarks, logos and other distinctive signs, texts, videos or software, as well as any others susceptible to protection, are subject to intellectual and industrial property rights. of which Eckium is the exclusive owner or assignee with the required scope, or a third party, not implying assignment or transmission in favor of the user of any intellectual or industrial property right over the Service or any of its component elements.

The acts of reproduction, distribution, transformation, public communication, making available, extraction, reuse, forwarding or exploitation by any means or procedure of the Service or its integral elements are expressly prohibited, except in cases where it is permitted by law, the licenses of the material or with the express written authorization of Eckium through its Payment Services.

The User may view and obtain a temporary private copy of the contents available through the Service for their exclusive personal and private use in their computer systems, provided that it is not for the purpose of carrying out activities of a commercial or professional nature, except as provided in Payment Services. The User must refrain from circumventing or attempting to circumvent any technological measures adopted by Eckium to restrict acts that do not have their authorization or that of third party holders of rights over trademarks or other distinctive signs, works or protected services accessible through the Service. The user is obliged to respect in any case all the intellectual and industrial property rights over the Service, whether owned by Eckium or by third parties. Eckium will not be responsible for any illegal or unauthorized use that the User may make. From the moment the user makes use of the Service, he transfers his image rights to the product, as well as the intellectual property and exploitation of the audiovisual product, and the data provided in it in the terms described in this Contract.

Links

Links from other websites to HypermediaLAB: Hyperlinks: Any user who intends to establish a hyperlink in HypermediaLAB must comply with the terms established in these conditions of use. The inclusion of a Hyperlink under terms other than those listed below will require the prior written acceptance of Eckium.

Eckium only authorizes the Hyperlink that allows redirection to the Service, but in no case will it imply the total or partial reproduction of HypermediaLAB. The user may not reproduce or imitate all or part of HypermediaLAB on his website, in particular he may not reproduce or imitate the form of presentation or arrangement of the contents of HypermediaLAB in such a way that a risk of association or confusion between HypermediaLAB and the User’s website.

The use of frames, as well as assembled or deep links to HypermediaLAB that generate confusion and that may attribute the ownership of content to an entity other than Eckium, is prohibited, nor is authorization granted to create an environment or navigation bar on the contents of HypermediaLAB.

Links from other websites to HypermediaLAB are authorized in order to disseminate the activities of this project and promote participation in it.

The declaration or direct or indirect suggestion of the existence of a collaboration relationship, joint venture or business association of any kind between the website, company or Hyperlinks that the User integrates with Eckium in HypermediaLAB is prohibited. In this regard, the User will refrain from presenting the content made available on the website where the Hyperlink is incorporated, as content authorized, approved or supervised by Eckium.

The Web page on which the Hyperlink is established may not contain any distinctive sign, including names, logos or slogans, that identify Eckium, except for those names that are part of the link itself.

The Web page on which the Hyperlink is established will not contain information or content that is illegal, contrary to morality, generally accepted good customs and public order, nor will it contain content that is contrary to any third party rights.

In any case, Eckium reserves the right to prohibit or disable, at its discretion, at any time, any Hyperlink to HypermediaLAB. The User will be obliged to immediately modify or remove from his website any Hyperlink, content or distinctive sign owned by Eckium if required to do so.

Third party links

The Service may contain links to third party websites or online services that are not owned or controlled by HypermediaLAB. HypermediaLAB has no control over such websites and online services nor does it assume responsibility for them. Please keep this in mind when you exit the Service. We recommend that you read the privacy policies and conditions of all third-party websites and online services that you visit.

Account suspension and cancellation

Cancellation of the account by the user

You can stop using the Service at any time, which implies closing your account and / or channel-HUB of HypermediaLAB and withdrawing your data, with the option of first downloading a copy of your data.

Cancellations and suspensions by HypermediaLAB for cause

HypermediaLAB may suspend or cancel your access or all functions of the Service if: (a) they flagrantly or repeatedly fail to comply with the obligations described in this Contract; (b) we must do so to comply with a legal requirement or court order; or (c) we have reasonable grounds to believe that there has been conduct that generates liability or harm to a user, a third party, HypermediaLAB or our Associated Entities.

Cancellations by HypermediaLAB due to changes in the Service

HypermediaLAB may cancel your access to the Service (in part or in full), if it reasonably determines that providing the Service is no longer commercially viable.

Notice of cancellation or suspension

We will inform you of the reason for cancellation or suspension by HypermediaLAB, unless we reasonably believe that doing so: (a) would violate the law or the guidelines of a competent authority or entail legal liability for HypermediaLAB or our Associated Entities ; (b) an investigation or the integrity or operation of the Service would be jeopardized; or (c) damage would be generated to another user, a third party, HypermediaLAB or our Associated Entities. In the event that HypermediaLAB cancels your access due to changes to the Service, to the extent possible, you will be granted sufficient time to export your Content from the Service.

Effects of account suspension or cancellation

If your account is terminated or your access to the Service is restricted through it, you may continue to use certain features of the Service that do not require an account (such as viewing videos). In that event, this Agreement will continue in effect and will continue to apply to such use.

Information about our Service software

Downloadable software

In some cases, the Service may need or include downloadable software. On those occasions, you give us permission for such software to automatically update on your device whenever there is a new version or feature, subject to what is specified in your device’s settings. Unless such software is governed by additional terms including a license, HypermediaLAB grants you a worldwide, free, royalty-free, non-transferable, and non-exclusive personal license to use such software as part of the Service. The sole purpose of this license is to allow you to use and enjoy the benefits of the Service offered by HypermediaLAB, as stipulated in this Agreement. It is prohibited to copy, modify, transform, distribute, sell or lease any part of the software, as well as try to apply a reverse engineering procedure or try to extract its source code, unless the law prohibits these restrictions or you have the written permission of HypermediaLAB.

Open source and other software

Some of the software programs used on the Service may be offered under an open source license or some of the provisions of that license expressly override some of these terms. In this case, we will make the open source license available for you to use. Eckium does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system. Any liability of Eckium for damages of any kind that may be due to the presence of viruses or the presence of other elements in the content that may cause alterations in the computer system is excluded, to the full extent permitted by current legislation. , electronic documents or files of the Users.

Online Code of Conduct and Code of Honor

The User accepts the use of the Service, in accordance with all the rules of current legislation and not to use it for sending emails or publishing prohibited content, which is defined below:

Defamatory or threatening content
Content that includes illegal activities or that incites others to undertake such activities.
Content that infringes the intellectual property rights of others, including, but not limited to, copyrights, trademarks, or trade secrets.
Content for which there is no right of disclosure under contractual confidentiality obligations or fiduciary duties.
Material containing obscene language or audiovisual content (for example, pornography).
Ads, promotional materials, or any type of commercial request.
Content that in any way harms other users or visitors.
Content that is illegal or that violates in any way the current legislation of local, regional, national or international application.
Content that attacks the vulnerability of any system or network.
Content that breaks or circumvents security measures.
Content that interferes with or affects any user, server or network, for example, via sending a virus, spam, mass messaging to any other user, to the site, services, or spaces of the courses.
Content that includes malware or that uses the site, services, or course spaces to distribute malware.
Although HypermediaLAB does not routinely monitor content posted by users, it reserves the right to remove prohibited content that it becomes aware of, even if it is under no obligation to do so.

Copyrighted material, including graphics, text, photographs, audio, video, and music recordings may not be published on HypermediaLAB without the express consent of the copyright owner of the material, or without any other legal right to use the material.

Furthermore, you agree not to access or attempt to access the account of any other user, or impersonate your own identity or attempt to do so while you are using these spaces.

Disclaimer of liability

By law, consumers have certain rights that a contract cannot modify or exclude. What is stipulated in this Contract does not affect your rights as a consumer. Except as expressly established in this Agreement or as required by law, HypermediaLAB does not offer specific guarantees on the Service. For example, we make no guarantees about: the Content made available through the Service; the specific functions of the Service (nor its accuracy, reliability, availability or ability to satisfy your needs); nor that any Content you upload will be available on or stored on the Service.

Limitation of liability

All users: The provisions of this Agreement are not intended to exclude or limit the liability of the parties for: personal injury or death; fraud; false and fraudulent information; or those responsibilities that cannot be excluded or limited by law.

To the extent permitted by applicable law, neither HypermediaLAB nor its Associated Entities will be responsible for the following:

Any loss caused by a reason other than the breach of HypermediaLAB or its Associated Entities of this Contract.
Any loss or damage that did not constitute, at the time of formalizing this Contract between you and HypermediaLAB, a reasonably foreseeable consequence of its breach by HypermediaLAB and its Associated Entities.
Content uploaded by users, or their defamatory, offensive or illegal conduct.
Only for User Companies: If you use the Service for business, company, activity or profession purposes (a “User Company”), the limitation of liability described below will also apply to you, insofar as applicable law allow:

Neither HypermediaLAB nor its Associated Entities will be liable for the loss of profits, income, data, opportunities or anticipated savings, nor for indirect or consequential losses, nor for punitive damages (in all cases, regardless of whether it was foreseeable losses or not).
The total liability of HypermediaLAB and its Associated Entities against claims originated in, or related to, the Service, is limited to the higher of the following amounts: (a) the amount of income paid for your use of the Service in the 12 months prior to default; or (b) €100.

Information about this Agreement

Modifications to the Contract

We may modify this Agreement, for example, to reflect any changes to the Service for legal, regulatory or security reasons. HypermediaLAB will inform you of any important changes to the Agreement with reasonable notice and will give you the opportunity to review such changes. However, changes related to features recently added to the Service or made for legal reasons may take immediate effect. Changes will not be retroactively valid. If you do not agree to the changes to the terms, you must remove the Content you have uploaded and stop using the Service.

Validity of this Contract

Even if you stop using the Service, the following clauses of this Agreement will remain in force: “Other legal terms”, “Information about this Agreement”. The licenses you have granted will continue in force in the specific cases described in “Duration of the license”.

Independence of the clauses

If any clause of this Contract is invalid, for whatever reason, the rest of the clauses will not be affected.

Assignment

HypermediaLAB may assign this Agreement (in whole or in part) to an Associated Entity or, if HypermediaLAB is sold, to a third party.

Absence of Waiver

If you do not comply with the provisions of this Agreement and we do not take immediate action, it does not mean that we have waived any rights that we may have (for example, taking action in the future).

Applicable legislation

If you live in the European Economic Area or Switzerland, this Agreement and your relationship with Hypermedia LAB under this Contract will be governed by the legislation in force in your country of residence. Any legal procedure may be initiated in the courts of your jurisdiction.