We are very pleased that you have acceded to Blipoint, the largest online community of images and professional multimedia content. We provide you with a comprehensive database of professionals that put, at the user’s disposal, a large database of images, photographs, and multimedia content, that you can acquire in an easy, fast, and inexpensive way.
Since we would like your navigation of our website and the process of acquiring/purchasing images and content through the web to be the safest, most transparent, and hassle free possible, you will find all of the legal information relative to our platform below.
Through the following document, we put at your disposal the relevant information regarding the owner/organization responsible for the online Blipoint platform, accessible from the following domains: www.blipoint.com, www.blipoint.es, www.blipoint.it, www.blipoint.de y www.blipoint.fr
· Company name: Punto y Línea 07 S.L.
· Address: Calle bailen 5, 7a 08010 Barcelona
· Company tax code: B64531767
· Public register: Tomo 39560. Folio 158. Hoja 8 350466. Inscripción 1.
· E-mail: firstname.lastname@example.org
However, we reserve the right that our websites, either fully or in part, can be the property of or managed by and the full responsibility of other companies. In this case, the corresponding identification information will always be indicated.
Blipoint is an online platform specialized in the creation of an online community of professional photographers that put at the disposal of the rest of the users images and photographs that can be used by these for any end related to the world of design, advertising, or the creation of promotional material, in addition to being able to exchange experiences, opinions, critiques, contest participation, and other aspects related to the world of photography with the rest of the users.
It is eminently a collaborative network, in which the content is directly published by the users themselves that make up the platform, leaving in our hands just the task of placing the platform online and housing it.
It is possible that certain services offered through the website, due to their specific characteristics, are regulated by conditions of use, registration, or individual contracts that complement those herein stated. In these types of cases, the user, before starting to use these types of specific services, must expressly accept the aforementioned conditions.
In the reasons stated below we will indicate to you what you can and can’t do while navigating the Blipoint web, fully informing you of the current regulations and ensuring at all times that your navigation of our online community is the most secure and comfortable possible.
The object of the present contract is to establish the conditions of use and registration for all of those users that decide to do their registration by way of the free method and those that accede without registering as a user to the platform with the single purpose of looking at the website and its contents.
In the same way, we will inform you of what the basic and minimum conditions that you must accept as author of the images that you house in Blipoint are, with relation to the rights of the platform itself.
4 INTELLECTUAL AND INDUSTRIAL PROPERTY
We are deeply committed to the respect and protection of the intellectual and industrial property rights of the authors, for which reason we will inform you below of all of the specific conditions that all of those elements and content protected by copyright of the author and industrial property rights that are published in our website are subjected to.
4.1 MATTERS RELATIVE TO THE DEVELOPMENT, DESIGN, AND PROGRAMMING OF BLIPOINT
Our entire platform has been completely developed by us, that being all codes, objects, designs, structures, planning, manuals, data base, outlines, logotypes, and photographs used for the creation of the web site of our full ownership; clearly stating that access to or registry in Blipoint does not suppose any type of relinquishment, transmission, or cession, total or partial, of our property rights.
All of this content is duly protected by the intellectual, and its case, industrial, property regulations, without affecting the right of any person or entity that considers that their rights are being infringed to take legal action if they consider it opportune.
Nevertheless, as owners of the service, as a means for you to be able to accede to, view, and use our website, we have at your disposal as a user of the same a non-exclusive licence of use, of a temporary nature limited to the time that you remain viewing our platform and unlimited space, being able to accede from any point on the planet, completely free, except for the acquiring of images, non-transferable, revocable, and not sub-licenceable.
In any case, any type of reproduction, imitation, transmission, translation, modification, production of derivative work and/or public communication is absolutely prohibited, independent of the media employed for it, the offending user assuming, in the contrary case, all of the responsibilities, direct or indirect, than can take place.
Under no circumstances can the content stored in the platform be downloaded, reproduced, or used, in any other mechanism or place other than our website, without the previous acquisition of the same or except when authorization has been given by us or by the user whom is the owner, when express authorization has been given for the possibility of sharing determined content through social networks like Facebook, Tuenti, and Twitter, assuming, as a user, in all cases, the conditions of use and privacy policies of these types of platforms.
4.2 MATTERS RELATING TO IMAGES, PHOTOGRAPHS, AND AVAILABLE ASSOCIATED CONTENT
As we have already indicated, Blipoint is an online platform through which millions of users put at the disposal of the rest images, photographs, and professional content related to the image, design, and photography world, with the aim that the rest of the users can acquire them and use them according to the specific licence that the owner has established.
In the case that you are the author of the photographs, and you publish them in our platform, you fully accept the following conditions:
· You are the owner or you have the corresponding authorization for the publication, public communication, and reproduction by way of the internet.
· All of the content published in and associated with your profile is legal and completely suitable to the current regulations, specifically with regards to intellectual and industrial property, protection of personal information, and protection of the right to honour, privacy, and one’s own image, independent of whether or not the titleholder of the same is an individual or company.
· Minors cannot appear in the images without the parents’ previous express written consent.
· In the case that faces or identifying signs of 3rd parties appear in the photograph or image, you must have the express authorization of the aforementioned person for having taken the image and, in this case, previously informed them that it will be published through the internet in our web portal.
· In all cases the images must fully comply with the Personal Data Protection and Intellectual and Industrial Property regulations, and the right to Honour, Privacy, personal and family, and one’s own image.
· The images and photographs must comply with public decency standards, and pornographic images cannot appear in them, nor can they be considered obscene with regards to Spain’s current customs, nor can they compromise the fundamental rights of third parties.
· With regards to this content, you must grant us permission for the use, working, distribution, commercialization, reproduction, and public communication of the content through which we can transform, treat, and, in definitive, have it available to guarantee the correct functioning of the platform, commercialize it in an independent way, as well as carry out promotion, marketing, and/or publicity activities of our platform and/or specific services.
· The permission mentioned herein must be of a global nature, without territorial limit, and with the maximum provisionary limitation that the national Spanish law permits, being of a non-exclusive nature, free, transferable, and sub-licenceable to third parties, whether or not your profile is active or not.
· By virtue of the present permission you do not lose the right to continue marketing your photographs and images, independent of the medium, format, place, or time, even in the case that you don’t continue to be a registered user.
· In the case that you deactivate your profile, or we do so in accordance with that set forth in the conditions stated herein, or you voluntarily opt out as a user of the platform, the aforementioned permission will continue on for the maximum time established by Spanish law, with the marketing of said image to continue until then. We will only market the images that have not been previously sold exclusively.
· We reserve the right to immediately eliminate, without previous notification, any image and its associated content that does not comply with the aforementioned requirements or that does not comply with the adequate quality level that we expect to maintain in Blipoint, even leading to the preventive blocking of the associated user’s account, and the notification of the corresponding legal authorities.
In the case that you do not comply with your obligations as a registered user, you fully assume the resulting responsibilities that can occur, be it before our platform or any other third party that considers its rights to have been infringed, assuming any and all types of costs, fees, and damages that can result.
4.2.1 THE SALE OF IMAGES
Only the users registered as Premium users can market their images through the online platform, so if you wish to sell your photographs and images, we advise you to register yourself as a Premium user, fully assuming the fulfillment of the conditions of registration for Premium users.
4.3 NOTIFICATION OF RIGHTS INFRINGEMENT
In the case that while navigating our platform you detect any of the following situations, we advise you to let us know as quickly as possible. Some of the situations that we permanently pursue from Blipoint are the following:
·Unauthorized use of content (text, photographs, videos,...) property of third parties.
·Unauthorized use of information regarding minors.
·Use that can infringe upon the right to honor, privacy, and one’s own image of individuals, whether they are Blipoint users or not.
·Unauthorized use of one’s own personal information, or that of third parties, that infringes on Personal Data Protection regulations.
·Publication of information regarding false brands or illegal imitations of brands.
In any of these cases, or similar ones, the protocol that users must follow in order for us to deal with the cases in the fastest and most effective manner possible is the following:
·Identify the content in question that supposedly infringes on the law or a right.
·Identify oneself as the titleholder of the affected right or, in its case, as their legitimate representative with adequate powers of consent within the current laws.
·Clearly identify the chosen ways for us to be able to get in contact with the person making the claim/complaint.
·Duly accredit their identity by way of an adequate official document (ID Card or Passport).
·Facilitate a sworn statement in which the truthfulness of the information included in the claim/complaint is demonstrated, as well as the legitimate titleholder of the rights, or in its case, the rights of representation is proven.
All of the requests should be directly sent to the following e-mail address email@example.com in paper format to the address indicated in clause 1 relative to the Identification, or in its case a través del siguiente formulario (by way of the following form).
The contract as a registered or nonregistered user has a determined duration until the moment in which the registered user’s membership is cancelled, or the website is left, in the second case.
Nevertheless, the permission that you give as a registered user regarding the images stored on the web platform will remain in force, in spite of the fact that you proceed to cancel your membership as a registered user, during the maximum amount of time established by law, for which reason from Blipoint we can continue to use the images that you publish on the web for their marketing, distribution, and public communication, except in the case that they have been previously exclusively marketed.
6 CONFIDENTIALITY AND DATA PROTECTION
Blipoint is deeply committed to the defence and protection of the personal data protection rights of our users, in accordance with Law 15/1999 of December 13th, of Data Protection (LOPD) and the Royal Decree 1720/2007, of December 21st, in which the regulations of development of Law 15/1999, of December 13th, of personal data protection (RLOPD) was approved.
While using our platform, for the correct performance of service, we need you to facilitate us with certain personal information for data processing. The aforementioned processing will take place, in all cases, in conformance with current laws, and adopting the security, legal, and technological measures necessary for its protection.
All of the information that you give us is stored and treated in an automated file that is duly registered with the Spanish Agency of Data Protection (AEPD). You can consult all of the files that our entity has available from the following link of the AEPD.
In the case that you decide not to provide us with the solicited information, it will not be possible for you to register as a user, solicit information, or publish content on our website.
The personal information that you provide us with will only be used for:
·Allowing you access as a registered user to the user profile in order to create the community of Blipoint users.
·Forwarding information relative to agreements and initiatives that we have with third parties and that is of interest to the users.
·Sending you the newsletter periodically.
·Informing you regarding current events related to photography, trends, and travel.
·Carrying out statistical analysis with regards to your use of the platform, thereby obtaining general conclusions regarding tastes and major trends and referring to and using them commercially in a completely anonymous way.
·Managing your participation in the contests and promotional events that we organize in Blipoint.
·Using content associated to your profile to carry out promotions and publicity for Blipoint and third parties related to the photography, trend, and travel sectors.
Under no circumstances will we do the following activities:
·Give the personal information to other people or entities, without the previous consent of the titleholder of the information.
·Transfer the information to other States, without the previous consent of the titleholder of the information.
We would like to inform you that you can exercise your rights of Access, Rectification, Cancelation, and/or Opposition in writing, and attaching, in any case, a copy of your ID Card, passport, or official document with which we can prove your identity.
7 STATISTICS AND COOKIES
Our website has Cookies and activity files that allow us to know about the activity that you conduct through our website.
We reserve the right to share this information anonymously and without any type of personal information with other client businesses, suppliers, sponsors, and/or advertisers.
The tool used for the control and analysis of visits received is Google Analytics. It is an analytical web service provided by Google, Inc., a Delaware company whose headquarters are at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”).
Google Analytics uses “cookies”, that are text files located in your computer, to help to anonymously analyze the use of the Website users.
The information that the cookie generates regarding the website use (including your IP address) will be directly transmitted and filed by Google in servers in the USA. Google will use this information on our behalf with the aim of having information regarding the use of the web, compiling reports of the activity, and giving other services related to our activity and the use of the internet. Google can pass on the aforementioned information to third parties when the legislation requires it, or when the aforementioned third parties process the information on Google’s behalf.
8 MINORS AND USE OF THE PLATFORM
In order to be a registered Blipoint user it is imperative that you be 14 years of age or older, in accordance with what is set out in the data protection rules, or in the contrary case with the previous written authorization of parents and/or legal guardians.
For this, it will be necessary that you send us, to the following e-mail address, firstname.lastname@example.org , the written authorization duly signed by your parents or guardians, together with a copy of your ID card, passport, or a similar document; documentation that will be only used by our personnel to carry out this task of identification, and not be used for any other end.
In any case, we reserve the right to contact with all of the registered users to check their identity and age. In the case that the aforementioned communication is ignored or is answered with false or manipulated information, the account will be blocked.
In the case that you detect during your navigation profiles of users that are younger than 14 years of age, we ask you to let us know immediately so that we can proceed with initiating the aforementioned identification protocol.
9 SECURITY AND PHISHING OF USERS
You accept that it is not possible to achieve full availability of the platform. However, we are permanently working on it so that it can be this way, together with the security of all of our users. This task is a shared one, both ours and yours, and should always comply with the following instructions that we set out:
·Providing false information or information of which you are not the title holder on the user registry is not allowed, understanding that in these types of cases we would be before a case of phishing punishable by current legislation.
·All registered users must have a user name and password to identify themselves. The access password must not be less than 8 alphanumeric characters and should be periodically modified at least every 6 months.
For our online community, the true identification of the users that exist behind each profile is essential to ensure trust. It is for this reason that in the case that we believe a Blipoint user’s identity or that of a third party that doesn’t belong to the platform has been supplanted, we will automatically proceed to identify you as a registered user, asking for a copy of your ID Card, passport, or a similar official document, proceeding to the automatic elimination of your account in the case that it is fake or that we don’t receive an answer.
As soon as we are aware that any type of situation that implies the phishing of a user is taking place, we will let the appropriate authorities know.
10 ADVERTISING, PROMOTIONS, AND PROMOTIONAL EVENTS
We reserve the right to carry out communications of a commercial/promotional character through the general pages of our platform and the confidential areas of your user profile.
These communications can be by way of the sending of e-mails, the inclusion of publicity banners, and the publication on your wall of sponsored events such as photography exhibitions and the like.
In large part, all of the advertising that we show you will always be related to the photography, nature, and travel sectors.
It is possible that on occasions we will have promotions, contests, and specific advertising that is subject to certain conditions, which we will inform about at the moment of its execution.
11 THE USE OF LINKS WITHIN THE PLATFORM
The use of links in the internet is one of the essences of its operation. It is for this reason that links to third party websites are expressly authorized in the users’ profiles, always if these are legal and don’t have any financial activity, either directly or indirectly.
With respect to the links included by the users, we are not responsible for the content that can be housed in these websites, with the websites themselves being the only ones responsible in this regard. In no case shall these links have as a purpose the obtaining of, by the user, financial benefit, directly or indirectly, for themselves or for third parties.
In the same way, the making of a link to content housed in our platform is expressly authorized, so that you can make a link to the users’ profiles, always when you do it for all of the profile content, and not only an image or specific piece of information, and that the user in question has not limited this possibility in his/her conditions of privacy.
In relation to the links published by us, we are committed to ensuring that their content complies with the current legislation, as well as with the conditions stated herein, also committing ourselves to their immediate removal as soon as we are made aware that the content of the link breaches in any way any of the instructions set forth.
12 GUARANTEES AND RESPONSIBILITIES
Blipoint guarantees you the following:
·The originality of the images and photographs as well as their legality.
·We have all of the necessary authorizations for the use of the images published by our users.
Nevertheless, me must inform you that, in spite of the fact that we make a permanent effort to classify, filter, and select the legal and non-legal content published in the platform, we can’t guarantee you these extremes in a permanent way, thanking you in advance that in the case you detect any kind of infraction, that you let us know as soon as possible.
Since all of the images are directly published in the platform by the users, all of the claims/complaints with respect to the same should go directly to the users, and under no circumstances to Blipoint that, nevertheless, will collaborate in any case with the user that lodges the complaint and, if necessary, with the necessary authorities for the resolution of the conflict.
All of Blipoint’s responsibility will be limited to the total price paid during the year by the affected user, with the money not being returned, except for in the case of a judicial order or legal requirements on the contrary.
In any case, we reserve the right to modify, without prior notice, the conditions of use and registry stated herein, making them public together with the date of publication, by way of the website, making them public by way of the company blog and, in its case, sending a copy of the new text via e-mail, always paying attention to modification criteria that go together with improving service, greater clarity, and better protection of the consumers and users, and always soliciting the express acceptance of the same.
14 SAFEGUARD CLAUSE
All of the clauses or extremes of these conditions of use should be interpreted in an independent, autonomous way, the rest of the stipulations not being affected in the case that one of them has been declared null by a judicial sentence or arbitration resolution. The affected clause or clauses will be substituted by other(s) that protect the effects pursuant to the conditions of use.
Independent of the website through with one accedes, and the user’s nationality, and always when the law allows for it, for all litigious matters or conflicts that involve our website or any that depends on it, Spanish legislation will apply, being competent for the resolution of all of the conflicts derived from or related to the use of the present website, the Courts and Tribunals of Barcelona, Spain and, if necessary, the Arbitration Tribunals of consumption or similar ones to which we find ourselves adhered, at the moment the conflict happens.
To make a claim/complaint regarding the use of our services, you can contact, by mail, the electronic or physical addresses indicated above. We promise to deal with absolutely all of the notifications that we receive in this sense.
Punto y Línea 07 S.L / CIF: B64531767 Inscrita en el Registro Mercantil de Barcelona, Tomo 39560. Folio 158. Hoja 8 350466. Inscripción 1.