1.- Parts, object and acceptance of Conditions of Use
We would like to welcome you to our web site www.ohlalapps.com (hereinafter, the “Site”), an online platform from the company NEOSONO S.L (hereinafter, the “Company”).
In accordance with article 10 of Law no. 34/2002, July 11th, on Information Society and E-commerce Services (“Ley 34/2002, de 11 de Julio, de Servicios de la Sociedad de la Información y Comercio Electrónico”), we provide the user with the identification and contact details of the Company responsible of the Site:
Owner: NEOSONO S.L.
Address: Avinguda Diagonal, 534, Entlo. Izq., 08006 Barcelona
Contact information: firstname.lastname@example.org
Registration Data: Corporate Register of Barcelona, Book 304431, Volume 37577, Page 16.
The access to the Site requires the total unreserved acceptance of these Conditions of Use and the formal registration as a user, by filling in the electronic form available on the Site, and the acceptance of the registration by the Company. We therefore recommend that the terms of these Conditions of Use are read carefully, and that accessing the Site and/or using the services in case of disagreement is avoided.
Acceptance of these Conditions of Use will regulate your relation as a natural person user of the Site (hereinafter the “User”) with the Company, establishing a legal and binding contract.
The Site is an online platform that allows the User, in exchange for payment of a monthly, annual and/or single amount, the possibility to contract an integral service (hereinafter, the “Services”) to create and design his/her own applications for mobile phones and other mobile devices (hereinafter, the “Applications”), and to publish them via different online distribution platforms, such as “Google Play”, “App Store” or others (hereinafter, the “Distribution Platforms”) using the accounts that the Company has with these Distribution Platforms. The User will enjoy a thirty (30) days trial period, to decide upon the contracting of the Services, in accordance with what is stated in the next clause.
2.- Trial Users
After the User has completed the registration procedure than can be found on the Site, and the Company has accepted his/her registration, the User will then be considered a trial user for the following thirty (30) days (hereinafter, the “Trial Period” and the “Trial User”). During the Trial Period, the Trial User will have access to the Site, completely for free, with the primary objective of trying the Services. The Trial User will have full access to all functions of the Services and in no case will be obliged to further contract the Services, or to make any payment. Under no circumstance however will the Trial User be allowed to publish his/her Application via the online Distribution Platforms.
The use of the Services provided as part of the free Trial Period, for commercial or professional use, is explicitly forbidden. During the Trial Period the Trial User can only use the Services with the objective of trying them. The Company reserves the right to delete any Trial User account associated with misuse of the Services.
3.- The User
Any person with access to the Site (either a Trial User or a Client) will be considered a “User” and will be bound by the clauses of these Conditions of Use.
The User states that the information provided during registration is truthful, complete and precise, and that he/she has the necessary legal capacity in accordance with the Law of his/her country.
The User is responsible for each and every activity made under his/her User profile and for keeping the password in a safe and confidential manner. If the User detects any unauthorized use of his/her User profile, he/she must report it immediately to the person in charge of the Site.
In case of any misuse of the Service, the Company reserves the right to suspend as a precautionary measure or to permanently delete any User profile or account.
4.- User obligations and appropriate use of the Services.
The User is required to use the Site in a responsible manner, observing the current legislation of his/her territory and these Conditions of use.
By way of mere exposition but not limited to, the User will not:
Commit any act that breaks the applicable law.
Collect any personal data from other Users.
Use or publish Applications or contents that could be illegal, offensive, discriminatory, sexual, xenophobic, violent or anything else likely to cause harm to others. The User will assume all and exclusive responsibility for all the contents (including without limitation Applications, texts, images, video, links, etc.) sent or published by him/her on the Site.
- Act in bad faith or display abusive or disrespectful behaviour towards other Users or the Company.
- Publish contents that infringe third party’s intellectual property or image rights.
- Alter, modify or transform in any way any part or component of the Site, or introduce or spread contents that may contain computer viruses or that may be likely to cause damages to the Site or to other Users.
- Use automated or any kind of system for the means of sending automatic registration forms.
- Delete, alter, evade or manipulate any safety device or protection mechanism installed on the Site.
The Company is specifically entitled to block or restrict access to certain Users when considered necessary.
5.- Trademarks and other intellectual property rights
NEOSONO, OHLALAPPS and OHLALAPPS.COM are registered trademarks, owned by the company Neosono S.L. All distinctive signs and logotypes part of these trademarks are own creations of the Company, which holds over them, exclusively, all the intellectual property and trademark rights granted by the current legislation.
Some of the content available in the Site (images, trademarks, logotypes, etc.) may be protected by intellectual property or trademark rights from third parties that collaborate with Neosono S.L. The User is solely responsible for contacting the legitimate owners of such contents that could be legally protected and to avoid its use or reproduction without the proper license or authorizations from the legitimate owners.
The Company, itself or as a licensee, holds all the intellectual property rights for the design and the elements of the Site (including, but not limited to: images, sounds, audio, video, software, texts, trademarks and logotypes, colour combinations, structure and design, selection of utilized materials, computer programming necessary for its correct function, etc.) It remains strictly forbidden to reproduce, distribute, communicate in public, make available to the public and/or transform, on the whole or partly, the contents and other elements of this Site, in any form and through any technical media, without express and written authorization of the Company. The User may visualize and even print the elements of the Site, copy and store them on the hard disk of his/her computer or any other hardware, only for personal and private use.
6.- Exclusion of guarantees
The Company will look after the correct functioning and high quality standards of the Site. However, the guarantees of each User according to the current applicable law regarding damages produced by the Site will not extend in any case further than expressly recognized on these Conditions of Use.
The Company does not assume any responsibility resulting from the functioning of the Site or the contents published in it, further than what is established by the current legislation.
The Company does not assume responsibility, in any case, for the Applications created by the Users, for the content used in these Applications (including, without limitation: images, videos, text, logotype, trademarks etc.), nor for the products or services from the Client that are offered through the Applications.
By way of mere exposition but not limited to, the Company does not assume any responsibility for:
- The infringement of third party’s rights resulting from the publication of the Applications created by the Users. For these purposes, the Company provides a notification service (Report of Abuse) to request the removal of any content deemed illicit and/or offensive.
- The truthfulness of the information contributed by the Users of the Site.
- The interruption or malfunction of the Services offered by the Site.
- The modification or cancellation of the Services.
8.- Report of abuse
The Company makes available to the public a system to notify possible cases of unlawful Applications (or any other content available in the Site). If a person knew of the existence of an unlawful or offensive Application or content, or understood his/her rights to be violated by any of the Applications or content, he/she may contact the Company, using any of the contact details provided above, in order to request the withdrawal of such Application or content.
The notification must be a written request to the Company declaring the specific Application or content he/she wishes to withdraw, clearly stating the rights understood to be violated or the reasons for which the Application or content is considered to be unlawful or offensive.
Once the abuse report has been received, the Company will study and proceed to the withdrawal of the Application or content if indeed rights are being violated or it’s found to be unlawful or offensive. If the Application or the content is withdrawn within a reasonable period of time after receiving the request, the Company will not, in any case, accept responsibility for any possible violation of third party’s rights.
9.- Changes to these Conditions of Use
The Company reserves the right to modify these Conditions of Use at any time, totally or partially, and with no need for justification or advice in advanced. Any modification will be made accessible through the Site, and will be applicable from the date of publishing. It is the User’s obligation to check periodically the Conditions of Use, to observe any modifications made.
The User acknowledges that the Company may include in the Site, now or in the future, advertisements of its own activities or others unconnected to the Company group.
11.- Validity of the Clauses
Should any of the hereto clauses result inapplicable or declared void or with no effect by any Court, it will not affect the validity of the rest of the clauses.
12.- Exercise of legal actions
The Company will pursue the failure to comply with these Conditions of Use and any unlawful use of the Site, keeping the right to exercise the corresponding legal actions.
The User acknowledges and accepts that in the case that the Company does not exercise its rights or legal actions regarded by the current law, it does not constitute a formal relinquishment of its rights.
13.- Applicable law and jurisdiction
This Site and these Conditions of Use are ruled under the applicable Spanish legislation.
Both parties agree to submit for as many disputes that may arise at interpreting and performing these Conditions of Use, as well as those disputes raised from the use of the Services, with express relinquishment to any other legislation that may correspond, to the Courts of the City of Barcelona (Spain), except for questions in which a determined jurisdiction is established by legal requirement.