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TERMS AND CONDITIONS OF USE
The present conditions and terms regulate the use of the Internet Portal "Xamigos.es" (hereinafter, "Portal")
By using the Portal, you agree to this agreement to use the Portal. If you do not agree with the conditions of use, do not access and do not use the Portal. Remember to periodically review these terms since the Portal Operator
reserves the right to modify them. In addition, the operator reserves the right to terminate your use of the site at any time without prior notice.
You must be at least 18 years of age to use this site, or the required age of majority in the jurisdiction in which you are located. The Operator reserves the right to suspend or delete your profile if for some reason you suspect that you are not of legal age.
You accept that you are fully responsible for any of the content loaded by you on this site, including its legality, veracity, originality and copyright. You (hereinafter, User) personally certify that any content posted by you on this site does not infringe the rights of any other person. By uploading content to this site, you are granting the company the rights to use all of this content.
You also agree to:
- Do not collect private information from users of this site and make use of it outside this site.
- Do not use photos or content that are not yours.
- Do not make defamatory, violent statements, threats or incite hatred against a person or group.
- Not disseminate, transmit or make available to third parties any information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Portal or third parties.
- Not to introduce or spread data programs (viruses and harmful software) on the network that could cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
It is prohibited to create or have more than one profile / account in the Portal.
It is totally forbidden to create a new account if any of the options / applications / sections is not available for the current user account.
It is forbidden to create profiles with false data.
It is forbidden to impersonate other people's identities.
It is prohibited to post photos with advertising messages, website addresses, email addresses, logos, telephone numbers etc.
It is prohibited to post comments or messages in the forum / chat / ads to complain about another user / moderator / administrator.
This Portal has sexually explicit content. By using the Portal, you are accepting that you wish to receive or view sexually explicit content that you can find in this Portal, and that by viewing and downloading these contents you are not committing a crime in the jurisdiction in which you are located. You accept that sexual activity between adults is not offensive or obscene and that the individuals who own their profiles are totally responsible for the content they have posted or uploaded to our servers.
The Operator has the right to review all the information uploaded to the database by the users of the Portal.
The Operator reserves the right to review and delete any content, or part of it, that is on its servers, including texts, messages, videos, photos or any other, without justification or necessary notice.
The contents, elements and information to which the user can access through the Portal are subject to industrial and intellectual property rights, trademark patents, copyright of the owner of the Portal or third parties who own them. Consequently, access to these contents or elements does not grant the User the right to alter, modify, exploit, reproduce, distribute or publicly communicate or any other right that corresponds to the owner of the affected right.
The User undertakes to use the contents and / or elements accessed through the Portal Services for their own use and needs, and in no case to perform commercial exploitation, directly or indirectly thereof.
No content is allowed about illegal sex, including images, videos or texts that represent or encourage rape, incest, bestiality, pedophilia or necrophilia.
The Operator does not guarantee the availability, access and / or continuity of the operation of the Portal and its Services. Likewise, the Operator will not be responsible, with the limits established by the Law, for the damages and losses caused to the User as a consequence of the unavailability, access failures and lack of continuity of the Portal and its Services.
The User acknowledges and accepts that the use of the contents and / or services offered by Portal will be at his own risk and / or responsibility. The Portal Operator will not be liable for damages or losses of any kind that may arise from the use of the Portal or from the interruption of the service or its continuity, including, among others, direct and indirect damages.
The Portal is exempt from all kinds of responsibilities in the following cases:
- Incorrect use of username and password.
- Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service.
- Lack of availability of the site for maintenance reasons and others, which prevents the availability of the service.
- Trespassing of third parties in the service. Given the advances of the technique, it is possible for third parties to enter The Portal and cause disturbances. Without prejudice to this, the Operator makes all the technical efforts through the incorporation of the corresponding technological measures, to reduce this type of risk. However, the user is informed that these unlikely intrusions may cause disruptions in respect of which The Operator will not respond.
- Due to lack of accuracy or accuracy in the information.
- For possible claims of third parties for intellectual property rights and / or patents or trademarks, in relation to any type of content that users upload to the Portal. This type of claims will be directly derived to the User, who will be liable in full for the damages, damages and legal expenses that may arise.
- For possible conflicts between users, because of slander, insults or any other causes that motivate a conflict between them.
- For all opinions, comments or recommendations made by users, not guaranteeing their veracity or quality, as they do not necessarily represent the opinion of the Operator.
- Because of the incidental deletion of all or part of the web site material, it is impossible or very expensive to recover it, so that it can not be carried out finely, so users are advised to keep backup copies of their content
Access to the Portal is blocked from non-Spanish IP addresses.
The Operator excludes any liability for damages of any nature that may be due to lack of availability or continuity of the operation of the portal and services, to the fraud of the utility that users may have attributed to the Portal and services , to the fallibility of the Portal and of the services, and in particular, although not exclusively, to failures in accessing the different web pages of the Portal or those from which the services are provided.
The Operator excludes any liability for damages of any nature that could be due to the knowledge that may have unauthorized third parties of the kind, conditions, characteristics and circumstances of the use made by the users of the portal and the services.
CONFLICTS BETWEEN USERS
It is forbidden to provoke, insult, offend another user or create conflicts in the portal.
The User is solely responsible for the interactions with other users of the Portal. The Portal operator reserves the right, but not the obligation, to mediate between user disputes.
Although we establish rules regarding the conduct of users and publications, we do not control what users post, transmit or share on the Portal, and we are not therefore responsible for it or any content that is offensive, inappropriate, obscene, illegal or questionable that you can find in the Portal or in your private messages. The Operator is not responsible for the conduct, online or offline, of any user of the Portal.
All commercial activity is prohibited in the Portal.
It is prohibited to offer paid sex in the Portal.
It is prohibited to transmit unsolicited or authorized advertising, advertising material, "junk mail", "chain letters", "pyramidal structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.
It is strictly forbidden to advertise and promote other web pages (products, services) on the Portal and in communications between users.
The Operator has the right to create filters to avoid spam.
Comments that intentionally seek to provoke users or administrators / moderators creating controversy and controversy is considered trolling and is prohibited.
False complaints against other Portal Users, which will be considered serious misconduct and will be considered a troll activity, are not allowed.
Comments or absurd messages posted with the intention of creating controversy to damage the Portal, may be deleted without notice and their authors suspended if they persist in their attitude.
It is forbidden to attack the integrity and good name of the Portal.
Comments or messages that contain criticism of the moderation policy are not allowed. The moderation policy is discussed with administrators and moderators only by private messages.
It is forbidden for users to try to solve their differences through public messages. Any behavior in this line will be eliminated.
LINKS TO OTHER WEBSITES AND SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL
In the Portal, the User may find links to other web pages through different buttons, links, banners, etc., which are managed by third parties. The Operator does not assume any responsibility for any aspect related to the linked website.
The Operator does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Portal or over which the Operator only acts as a means of advertising or intermediary service provider. The Operator will not be responsible for damages of any kind caused by the services provided by third parties through the Portal.
The Operator does not control previously and does not guarantee the absence of viruses and other elements in the contents and services provided by third parties through the Portal.
RIGHT OF EXCLUSION
The Operator may deny or terminate your service and adopt technical and legal measures to keep users away from the Portal if we believe they are creating problems or acting contrary to the spirit or form of our rules and conditions of use, all of which regardless of any payment made for the use of the Portal or complementary services.
The Operator reserves the right to delete User profiles without prior notice, if the rules are not met. The Operator reserves the right to eliminate profiles that it considers suspicious and / or cancel double participations.
In addition, the Operator reserves the right to block access to the Portal to Users with inappropriate behavior.
The Operator reserves the right to suspend or block access to the Portal and its Services to those users who have previously infringed
the present Terms and Conditions of Use.
The Portal is the property of the Operator. All rights reserved. None of the materials in the Portal may be used, reproduced or transmitted, in whole or in part, in any form or by any means, electronic or mechanical, including projects, studies, photocopies, recording or the use of any storage system. and recovery, without written permission from the Operator.
RATES AND PAYMENTS
In the Portal there are free services and others for payment. If the User uses a service that implies a cost, he must review and accept the conditions of the same. The rates are set in euros and can be modified from time to time. Any change in said rates will be communicated through its publication in the Portal.
The VIP account does not guarantee the right to publish photos, announcements or public messages in the wall / forum / chat of the Portal.
Providing personal data is a prerequisite for creating a profile and receiving services on the Portal. By registering on the Portal, the User agrees that the Operator processes his / her personal data both in the Web version and in mobile applications.
In the "Settings" section of the portal, the User has the right to manage, edit, delete information provided to himself. To use Portal, some details must be specified, such as an e-mail address, date of birth. However, the User has the right to delete this data by deleting his profile and terminating the use of the Portal.
The user is entitled to receive a copy of his / her personal data by requesting it under the "Help" section. A copy of the data will be prepared within 7 days.
What information do we handle
By registering on the sites, the User must provide various types of information that will be used for the following purposes:
1) Creating a user session on the Portal (e-mail address, phone number, password), access to restore if a password has been forgotten. This data will not be visible to other Site users.
2) Data to be published in the User Profile - for example, place of residence, age, height, weight and other physical characteristics, interests, marital status, sexual selection, photos, video, location (only if used in the "Map" section), language knowledge This data will be visible to any Site Visitor.
We process all this information as well as your published content on Web sites such as blogs, ads, photos, videos, events, discussions, comments, and groups.
We process information about your friends, favorites, people on your Black List, people in your "Want to meet you" list, about the events you are logged into.
We process information about the devices you use to access Ports (type of device, operating system, Internet browser, Internet communications operator, IP address, device location, connection time, activities on the Web site.)
If you make payments to the Portal, we process information related to your payments.
Users should provide true information in their profiles. If the User changes the information in the "gender" section more than 3 times during the 6-month period, his account from the portal is deleted. Each time the user changes the information in the "gender" column, the action performed will be visible on his profile and this information will not be deleted as long as the user profile exists.
If the User profile contains obviously incorrect information (for example, gender - woman, age: 90 years, height: 150cm, weight: 50kg, want to get acquainted with a man from 18 to 19 years old) The user profile is deleted.
If the Operator receives a complaint that a User submits to the User in the communication with other Users what is not (for example, the man claims to be a woman), the Operator has the right to request that the User upload (subir) two of his photographs in which he has a paper sheet in his hand with your nickname or ID number in the Portal. The operator can mark the photos of the User with the logo of the Portal.
What goals do we handle?
We process the information to ensure the functioning of the Portal, provide services and provide the opportunity for Users to find other Portal Users according to different criteria - age, physical data, interests.
We process the information to verify your identity and prevent the unauthorized use of the Portal, protect the interests of the Operator and other Users.
What information should not be published on sites
When registering on the Portal, it is forbidden to use a user name (nickname) that could identify a person, for example
jose-gonzalez-fernandez (name and surnames)
cristina1975-radazul (name, year of birth, place of residence)
Profiles with the following user words from Portal will be deleted.
It is forbidden to publish personal data of other people, photographs of other people. If you see the User and other people in the photo, everyone should get permission to publish the photo on the Portal. Such a photograph must be marked as "private".
It is prohibited to publish any type of private correspondence between Users, even if the names of the persons involved in the correspondence are not published.
How can other people have access to your information?
Information published on your profile (such as age, gender, place of residence, physical data, interests, activities, friends, groups, photos, videos, etc.) is available to all Portal Users, as well as to a limited number of unregistered Site Visitors and search engine robots.
Portal Users and unregistered Portal visitors, including search engine crawlers, can see your published content, such as comments, blogs, discussions, events, participation in events, and more.
Other Users will be able to see that you have viewed their profiles or photos.
You can use the "Private Photos and Video" option on our websites. Photos marked as private can only be seen by people who have received your permission ("Permissions (photos)" section.) Be very careful with this option because it only hides the location of your private photos. Anyone who knows the address of your private photographs will be able to view and copy them.
Transfer of data to third parties
Unless specifically agreed with the User, his data may be transferred to the following third parties:
- Spanish and foreign payment processing systems, legal services and financial accounting companies,
- Spanish and foreign tax administration institutions,
- Spanish and foreign competent law enforcement agencies.
Such third parties may only transfer data to the minimum and necessary extent, and only if they have entered into appropriate confidentiality obligations.
The following third-party services are used by the portal:
- to send e-mails to User´s e-mail addresses (the third party has access to the User’s e-mail address and the content of the e-mail sent);
- send SMS messages to the User’s mobile phones (the third party has access to the User’s telephone number and sent SMS content);
- To receive the content delivery network (CDN) and reverse proxy server services (this is necessary to ensure faster and safer operation of the Portal).
Communicate with Users by email and phone
Data deletion from Portal
If the Portal User deactivates his account, other users can no longer view his profile. Within 10 days the User has the right to reactivate his account. To do this, you need to create a new session with your user name and password. If this is not done, after 10 days, the User account and profile will be deleted altogether.
If the User wishes to delete his profile immediately after the deactivation of the account, it can be done by writing to the e-mail address: ... The request must come from the e-mail address located in the User’s account.
In order to avoid fraudulent activities and unlawful actions (for example, a third party has in some way stolen the User’s password and erases his account), the Operator may keep the following information for the User within 90 days after deleting an account:
- E-mail address,
- Phone number,
- IP addresses
- Activities on the Portal.
90 days after deleting an account / profile, the User will not be able to create a new account with the same telephone number.
After deleting an account / profile, messages that the User has sent to other Users, his comments in other User galleries, blogs, discussions, and other places may not be deleted.
After deleting an account / profile, personal data may be processed if the law in force so provides.
Because Portal use CDN services, user photos and videos can be stored on multiple servers in different parts of the world, so after deleting these files, they may still be available to Users for some time until they are deleted from all servers.
The operator may change these terms at any time. In case of significant changes, the User will be informed.
Who handles data and where is it stored?
The data is processed by Operator
. The primary location of the data is the company’s OVH servers in France, but data copies can be stored in other countries in order to ensure faster operation of the site.
The operator may change these terms at any time. In case of significant changes, the User will be informed.