The content of the following clause refers to the privacy conditions of the Spanish regulations and that is applied to the web page tivity.es.
1.- GENERAL INFORMATION
Official name: _TIVITY.
Address: Calle El Drago 2, 38280 Tegueste, S/C de Tenerife, España
Registration dates on the official register:
Phone in Spain: +34 603691370
Information on the registration in the official register: I-0003672.1.
The access and use of the web page tivity.es are applied and are subject to the following general conditions.
The access and use of the web page tivity.es implies the full and implicitly acceptation of this general conditions which the user should read carefully.
Only adult persons (older than 18 years) are allowed to use the web page as well as to participate in or organize activities. By using this web page including the organization and participation in activities, the user states responsibly and guarantees that he/she is older than 18 years. The _tivity does not take any responsibility of the users under the age of 18 that access the web page or participate in or organize activities. The _tivity recommends to the parents or legal tutors to supervise or to take adequate precautions when it comes to the navigation of minors in their care.
The _tivity recommends to the user to print out this general conditions and to keep them in his/her possession.
The _TIVITY reserves the right to add, modify and/or remove any of the terms of this contract, at any moment, by publishing a notice on the portal or by sending an e-mail. The change of the conditions enter into force the moment they are published on the portal. Users who continue using the web pages service accept automatically the new changes after having received the modification notice.
Users are legitimated to cancel their account in the portal at any moment by sending an e-mail to firstname.lastname@example.org or email@example.com. Cancellation of the account does not authorize users to withdraw any activities that they may have made to the _TIVITY, given that the intellectual property rights over the same are held by Desaplatánate.
3.-PROCESS OF PUBLISHING AND BOOKING ACTIVITIES
Publications on the portal are free and the organizers can publish as many activities as they wish.
For the publication of activities, users who want to be organizers have to contact the _TIVITY. They are going to receive all the information necessary to publish an event.
In case you want to contact us, here our data:
Phone: +34 655 064 974
Mail: firstname.lastname@example.org o email@example.com.
The _TIVITY shall not publish any activities that do not comply with the rules established in Clause 10, whenever the _TIVITY is aware that these infringe the intellectual property rights or any other rights of third parties, or if Desaplatánate considers so, at its sole discretion, provided that this does not involve an act of discrimination against the organizer
User can book any activity they are interested in. These bookings are subject of the organizer’s approbation. Meanwhile user get not accepted or rejected, they are a member of the waiting list of the event.
4.- TYPES OF ACTIVITIES
On our platform three different kind of activities with different price system can be found:
ACTIVITIES FOR FREE
These are all the activities which have no costs in order to participate and which do not include any kind of service. This means that activities organized by users in order to realize them together with other users.
ACTIVITIES FOR FREE WITH THE OPTION TO MAKE A DONATION
These are all the activities that have no price but which include a quality service. Afterwards, users can make a donation depending on whether they liked the activity or not.
These are all the activities that have fixed costs. In order to participate the payment has to be realized previously and within the payment period.
The whole amount of money that earns the _TIVITY through its activities with payment will be used to support the objectives of the association. None of the NGO members will benefit from the profit.
Depending on the offered activity, prices or the price system vary according to the price setting of the promoter which has been evaluated by _tivity before posting in order to guarantee fair prices.
If a user decides to offer an activity that includes a payment, he/she has to contact with the _TIVITY to establish the contracts and agreements.
You can contact us via phone +34 655 064 974 or via Mail: firstname.lastname@example.org o email@example.com
6.- PAYMENT OPTIONS
There are two ways of payment which are supported by the web page:
- Bank transfer
- Paypal payment
Depending on the activity, payment will be required previous or posterior to the activity
7.- CANCELLATION OF ACTIVITIES BY PARTICIPANTS
The participants of an activity can cancel the booked activity at any moment, according to the following policy:
More than 72 hours before realizing the activity the _TIVITY refunds 100% of the payed amount.
Between 72 and 24 hours before realizing the activity the _TIVITY refunds 50% of the payed amount.
In less then 24 hours before realizing the activity the _TIVITY refunds 0% of the payed amount.
8.- CANCELLATION OF ACTIVITIES BY THE ORGANIZERS
The organizer is authorized to cancel an accepted activity if causes of force-majeure arise or whenever the minimum participation requisites described for the performance of the activity are not reached. If the organizer decides to cancel the activity for what reasons so ever, the NGO Desapltánate refunds the participant a 100% percent of the payed amount.
9.- OPINIONS, QUESTIONS AND COMMENTS ON THE ACTIVITIES
Participants can evaluate the organizer, the event and other participants of the event as well as the organizer is able to evaluate the particiapants who attend his/her event. The evaluation system is explained in “How does _tivity work ?”.
Participants can also ask the organizer questions before the activity, give an opinion on the event, in which he/she assisted, afterwards.
Opinions given on certain activities or on the organizer must be true, clear and useful for the _TIVITY and for the other users. No user may be obliged or coerced to give opinions in a specific sense. If this occurs, the user must report this to the the _TIVITY by sending an e-mail to firstname.lastname@example.org or info@desapltánate.org and providing all evidence that he/she considers to be inappropriate.
The _TIVITY proceeds to eliminate all the commentaries which are spam, if they violate the established prohibitions en Clause 10, or if a judicial or administrative resolution orders to withdraw certain comments.
In order to guarantee the quality service to the users that participate in the platform, the _TIVITY will apply an infraction system based on three levels: minor, serious, very serious.
Minor: Performance of low quality activities, inappropriate behavior, obscene comments…etc. This leads to the loss of points within the platform.
Serious: Repetition of three minor infractions which leads to the temporary disqualification of the platform up to 3 months.
Very serious: Activities or Behaviors that do not comply with the sustainability policy or objectives of the _TIVITY, Actions that threaten the integrity or security of the users, comments or negative actions regarding racism, homophobia, sexual harassment etc…). These actions lead to the indefinite disqualification of the platform and of all the activities promoted on this platform. Besides, the _TIVITY reserve its rights to press criminal charges against the violator.
Limited responsibility policy: Every user is responsible for his/her own actions and the correct undertaking of the activities. The _TIVITY disengages itself from any kind of responsibility.
11.- OBLIGATIONS OF USERS
Users compromise to use the service with the utmost diligence and in conformity with the current legality. In particular, users shall observe the following rules:
– To access the service exclusively through the portal and publish and/or book activities through it, as well as using the mechanisms of communication available on the portal to contact other Users or the _TIVITY.
– To respect other users and, in particular, not to stalk, harass, coerce, or, in any other manner, bother other users.
– To Attend the activities planned.
– Not to impersonate the identity of any other user or of any person participating in an activity
– Not to collect, process or store any personal data of other users or third parties without complying with currently-valid data protection legislation.
In addition, the organizers compromise to the following:
– To comply with administrative, tax, labour and, where applicable, Social Security obligations that may be applicable for the performance of the activities.
-To contract an appropriate insurance policy for the performance of the activity, as well as to be in possession of all permits, licenses and authorizations that may prove to be necessary.
-Not to perform any activities that may destroy or jeopardize the place where the activity is performed, or any inhabitants or visitors, that may prove to be detrimental to the environment, that may be illegal in any other manner, or that do not imply with the sustainability policy of the platform.
-Not to oblige or coerce users to give positive opinions on activities or service offered, and not to make any specific favorable treatment with the objective to obtain positive comments.
The violations of these obligations by users may, under discretion of the _TIVITY, lead to the suspension of the service or the termination of the contract.
12.-INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Users recognize the intellectual and industrial property rights of the _TIVITY on the descriptions, images, videos, sound reproductions, and any other materials that define the activities published on the portal, as well as on the opinions about these activities. For that purpose, users hereby assign to the _TIVITY, without charge, all exploitation rights on the activities for the maximum period of protection legally recognized for such rights, with the right to assign them to third parties, for a worldwide geographical scope and with the purpose of promoting the portal, including the exercise of the rights of reproduction, distribution, public communication and making available to the public, transformation, modification or adaptation and exploitation of the activities.
Users guarantee that the activities shall be performed in accordance with the description provided on the portal.
Users guarantee that the activities are an original creation, that they have not been copied from any other pre-existing work, and that the exercising by the _TIVITY of the rights assigned in this contract shall not infringe the rights of any third parties. the activities should incorporate any creations by third persons (photographs, images, videos, descriptions or any other works protected by intellectual or industrial property rights), the users guarantee that they have obtained the pertinent authorizations and licenses from their legitimate owners for the transmission of rights to the _TIVITY in the terms established in this contract.
Users guarantee that they are the authors or, where appropriate, the owners of the intellectual and industrial property rights of the activities, and that their exploitation by _TIVITY shall not violate any legal provisions, contracts, rights or property of any third parties, and shall not constitute any manner of unfair competition.
Users guarantee that no rights of any nature have been conferred or assigned to any third parties in relation to the activities.
Consequently, users shall assume any expenses, costs, damages and indemnities that may be caused to _TIVITY as a result of legal actions brought by any third parties against _TIVITY, based on alleged infringements or damages caused by the intellectual property rights assigned in this contract over the rights that such third persons may hold.
Organizers are liable for each and every one of the activities that they publish.
Users are exclusively responsible for maintaining a suitable behaviour during the performance of the activity and, in particular, they commit to act in accordance with the current legislation and to not commit any act that may be considered criminal. _TIVITY shall not assume any liability whatsoever as a result of the early finalization of the activity by the organizer due to inappropriate conduct by the particiapnts as a consequence of any of the foregoing.
If organizer or participants cause any damages, they are to reimburse the full cost of the damage caused to the person and/or entity to whom said damage may have been caused. In addition, they are to indemnify the _TIVITY for the full amount of any claims presented against the _TIVITY by any third parties as a consequence of this damage.
If, for whatever reason, the organizer was not able to fulfill the activity booked by the participant, the _TIVITY shall not assume any liability other than that of carrying out the corresponding reimbursement. The organizer shall be solely liable for any damages that may be derived as a consequence of the foregoing.