Yoimus

Legal Notice


YOIMUS has been created by BOREAL DREAMS, S.L.U. (hereinafter, “BOREAL DREAMS”) with the aim of offering users an infrastructure which facilitates communication and collaboration between musicians all over the world. Therefore, in accordance with article 10 of the Spanish Law 32/2002, of 11 July, dealing with the Association of Electronic Information and Commerce (LSSICE in Spanish), the relevant company details are specified below:

         - This company appears in the Mercantile Registry as: BOREAL DREAMS, S.L.U.
         - With Spanish VAT number (CIF): ES B90044512
         - Registered Business Address: c/ Alonso Cano, 5 – 41005, Seville (Spain). The same address is used for correspondence.

It is recommended you read this legal notice carefully as access to and use of YOIMUS requires the acceptance of the general terms of use and the privacy policy which is detailed below.

The following email address can be used to contact YOIMUS if you have any queries: info@yoimus.com

1. DESCRIPTION OF THE YOIMUS PLATFORM


1.1 Description of YOIMUS

YOIMUS is a social network about music. Its objective is to allow musicians to contact with each other all over the world.


1.2 Information users provide

To register with YOIMUS, users must provide the following information:

        - Personal information: name, surname(s), age, city, and country of residence.
        - Music-related information: instruments played, style of music and favourite groups.


1.3 How information will be used

The information outlined above will be in the public domain by default.

Users can configure their level of privacy in the settings.

Users are not obliged to complete all the information fields requested.


1.4 Using the service

YOIMUS has a search engine which can be used to locate user profiles.

Registered users can also access their personal profiles to make the following use of the platform:

        -Add links to videos on the following platforms: Youtube, Vimeo and Dailymotion.

        -Upload images to your profile.

        -Make comments and post on your wall.

        -Follow other users.

        -Comment on the contents of other users.

        -Use the messaging service.


1.5 Unsubscribing from YOIMUS

Users can unsubscribe following the steps indicated in the options menu.


2. TERMS AND CONDITIONS OF USE


2.1 Terms and conditions of use of YOIMUS

BOREAL DREAMS, with registered address at c/ Alonso Cano, 5 – 41005, Seville (Spain) is responsible for managing YOIMUS.

Users are recommended to visit this social network and read the terms and conditions of use carefully, as access and use of YOIMUS will be treated as acceptance of the content of the terms and conditions of use.


BBOREAL DREAMS reserves the right to deny or withdraw at any time and without prior notice access to YOIMUS to those users who do not comply with the content of this legal notice.


2.2 Community Guidelines

YOIMUS provides a space where users can publish and share information and content, as well as interact with other users.

BOREAL DREAMS respects the rights of users, and expects users to do the same. Consequently, if you detect any misuse of the service by another user, please report it using the following email address: info@yoimus.com



2.2.1 Acceptable use

Users agree to use this social network in a responsible manner, in accordance with the law, ethics, general good manners, public order and the content of this legal notice.

2.2.2 Prohibited use

It is not permitted in any way to use YOIMUS for illegal or unauthorized means, with or without financial motives. Below is a list, without limitation, of what constitutes prohibited use of the platform:

        - Hosting, storing, disclosing, publishing, distributing or sharing any content which could be considered in any way an infringement of the basic rights of a person's integrity, image or privacy; data protection; and most importantly, the rights of minors.
        - Hosting, storing, disclosing, publishing, distributing or sharing images or photographs which contain personal images or third party data without having obtained the prior consent of those involved.
        - Hosting, storing, disclosing, publishing, distributing or sharing any content which violates the privacy of interaction, the infringement of intellectual and industrial property or the regulatory rules of data protection of personal data.
        - Hosting, storing, disclosing, publishing, distributing or sharing any material or information which is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or goes against ethics and public order in any way.
        - Using YOIMUS to insult, defame, intimidate, violate someone's image or harass other users or third parties.
        - Restricting another YOIMUS user from using or enjoying the social network, as well as encouraging or facilitating violations of the terms of use and privacy policy.
        - Submitting computer viruses, corrupted files, or hosting, storing, distributing or sharing any other material or computer program that may cause damage or alterations to the content, programs or systems of YOIMUS.
        - Impersonating another person for any purpose.

BOREAL DREAMS can inform and collaborate with police, judicial and/or administrative authorities, if they detect any illegal use of YOIMUS.


2.3 Disclaimer

BOREAL DREAMS shall not be liable in the following cases, without limitation:

        - Technical faults due to force majeure or any other circumstances beyond our control, which affect the normal operation of YOIMUS.
        - Unavailability of the YOIMUS service due to maintenance work or similar reasons.
        - Damage as a result of computer viruses or similar, or that which is generated as a consequence of inappropriate use of the social network.
        - Intrusion by third parties.
        - Disputes between users regarding the use or content of YOIMUS. In particular, regarding those disputes concerning the intellectual property rights of content shared on YOIMUS, BOREAL DREAMS is only obliged to apply the policy outlined in its "complaints and withdrawals procedure".


2.4 Updates and/or modifications

BOREAL DREAMS can at any time, and without prior notice, modify the outlook and configuration of YOIMUS, as well as make any amendments to this legal notice. For this reason, the user should access periodically these documents to keep up-to-date.


2.5 Indemnity

A user will be liable for any damages BOREAL DREAMS could suffer due to that user breaching any of the obligations established in the legal notice. Likewise, the user will not hold BOREAL DREAMS liable for any punishment, claim or lawsuit that could be brought by a third party, including public bodies, against BOREAL DREAMS, its administrators, agents or employees, as a consequence of violation of any third party rights or applicable law by the user through using YOIMUS in any way which goes against what has been established in this legal notice.


2.6 Intellectual property, Industrial property and Copyright

The user is informed that included in the content on this social network are text, graphics, images, musical creations, videos, HTML codes, as well as brands, trade names or distinctive signs. This list is without limitation. All of these elements (in addition to any others that could be included) are protected by the laws of intellectual and industrial property. The ownership of rights can belong to either BOREAL DREAMS or to third parties, be they private individuals or legal entities. As a result, it must be emphasised that the publication of the content mentioned above does not imply the concession, relinquishment or transfer (either total or partial) of the ownership of the corresponding intellectual or industrial property rights by BOREAL DREAMS and/or the legitimate third party holders to the user.

Under no circumstances can users make any use of the existing services or content which are not exclusively personal or without prior written authorization from the person who holds the corresponding rights.

It is totally prohibited to manipulate or make changes to this social network without prior written consent from BOREAL DREAMS. Consequently, BOREAL DREAMS does not take any responsibility as a result of, or which may arise from, said manipulation or alteration by third parties.


2.7 Links to third party websites

The inclusion in YOIMUS of links to sites and/or web pages does not imply that BOREAL DREAMS approves of or recommends their content. For this reason, the administrating company of this social network does not accept any liability for the services, information, files, products, material or any other type of content which may appear on these sites and web pages which are accessible through links; and it is not obliged at any time to control this content.

BOREAL DREAMS will not respond in any case to the legality of the contents of such (a) page(s); it being the sole responsibility of the third party whose content appears on the link, especially regarding the law, ethics, good social manners and public order.


2.8 Partial nullity

In any case in which, regardless of the cause or extent, any of the conditions of the terms of use were to be declared null or not applicable, such nullity or inapplicability does not effect or will not lead to the nullification of the rest of the conditions set out in the terms of use.


2.9 Arbitration clause regarding applicable law and jurisdiction

As a general rule, disputes which could arise due to the implementation of these rules will be dealt with under Spanish law, with their resolution corresponding to the Court of Seville (Spain).

Furthermore, as a default rule, arbitration will be applied as an alternative method to resolving disputes, provided that there is a written private agreement, either prior to or subsequent to the emergence of the dispute, between the user and BOREAL DREAMS.


2.10 Violation of the terms of use

The violation of the terms set out in this current document could lead to your YOIMUS account being terminated as a unilateral decision of BOREAL DREAMS. The user will not hold BOREAL DREAMS responsible in any case for content published by users on the social network and the user makes use of this service at their own risk (BOREAL DREAMS does not have any obligation to preselect, monitor, edit or delete any content published by the user).


3. PRIVACY POLICY ON THE YOIMUS SOCIAL NETWORK


3.1 General information

In accordance with the provisions of the Spanish Organic Law 15/1999, of the 13 December, concerning the protection of personal data (referred to as LOPD in Spanish), this section informs you of our policy regarding the handling and protection of personal data of those people who voluntarily access, register with and/or use YOIMUS. It is understood that, by using our service as outlined above, the user expressly accepts this privacy policy and consents to the handling of personal data which will be incorporated into a file belonging to BOREAL DREAMS for the following purposes:

        - To facilitate access to YOIMUS,
        - Manage the services requested in YOIMUS,
        - Analyse the information which arises from this management to improve our services and adapt them to the preferences of our users,
        - As well as inform you of our activities, which can be by telematic means.

The user guarantees that the information provided is true, accurate and complete and is responsible for notifying of any changes. Consequently, the user is responsible for any damage that may occur to BOREAL DREAMS or third parties as a result of non-fulfilment of this obligation.

At the same time, BOREAL DREAMS promises to guarantee the confidentiality of your personal data and use them only for the purposes mentioned above. Furthermore, we will take any measures necessary to avoid any alteration, loss, unauthorized handling or access to this data, in accordance with the Spanish Royal Decree 1720/2007, of 21 December, which approved the development of the Spanish Data Protection Act.

BOREAL DREAMS has the right to remove from the social network YOIMUS (unilaterally and without prior notice or authorization on the part of the user) any content published by the user which infringes or violates the existing law, ethics, generally accepted good manners, public order, or the rules established in the terms of use and/or the privacy policy.

However, security on a platform such as the internet is not impregnable and information could be leaked due to misconduct on the part of third parties.


3.2 Data of minors or the incapacitated

To register with YOIMUS it is necessary for the interested party to be a minimum age of 18. Minors who are between 14 and 18 can become users on the condition that they are emancipated or that they have the necessary authorization granted by their legal guardian.

In those cases in which the user is above the minimum age but is legally incapacitated, permission to access YOIMUS is required from a legal representative.

BOREAL DREAMS is totally exempt from any liability that can arise from the use of YOIMUS by minors of incapacitated persons; with the corresponding legal representatives or guardians being responsible in each case.


3.3 Exercising data protection rights

In accordance with the legislation for the Protection of Personal Data, the user is able to exercise their rights of Access, Rectification, Cancellation and Objection (ARCO in Spanish). These rights allow the user to:

        - Know what personal data is held on our records. Request rectification if they are incomplete or incorrect.
        - Have this data deleted by revoking consent to its handling.
        - Oppose that your personal data, whether taken from the public domain or given by you, is used for advertising purposes or marketing; this can be done by deleting the data.

You can exercise your rights of Access, Rectification, Cancellation and Objection by sending an email, along with a copy of your Spanish ID card/passport to the address: info@yoimus.com, or by post to the address: c/ Alonso Cano número 5 – 41005, Sevilla (España).


4. COMPLAINTS AND WITHDRAWALS PROCEDURE


The policy of BOREAL DREAMS is to respond to reports of copyright infringement and take measures to withdraw the material in question if it is true that it is protected by copyright, in accordance with the applicable laws on intellectual property.

If any content protected by copyright has been published on YOIMUS and a user wishes this material to be removed, the owner of that copyright or an authorized person acting on their behalf, should inform in writing with verifiable documentation, BOREAL DREAMS, S.L.U., c/ Alonso Cano número 5 – 41005, Sevilla (España). The following information must be included:

        1. Request for the removal of content subject to copyright which is considered to have been infringed.
        2. Give evidence that the authorized person is acting on behalf of the owner of the copyright which has allegedly been infringed. These requests can only be sent by the owner of the copyright or by a person authorized to act on their behalf.
        3. To provide enough contact information so that we can contact the person who is taking action. You should also include a valid email address.
        4. Identify in enough detail the work on which the copyright has been infringed.
        5. Include a declaration made in good faith by the person taking action that the use of the material described in question is not authorized by the person who holds the copyright, their agent or the law.
        6. A statement that the information in the notification is correct and under the penalty of perjury, the person who is taking action is authorized to act on behalf of the owner of the exclusive copyright which has allegedly been infringed.
        7. It should be signed by the person who is authorized to act.
        8. Send a copy by email to: info@yoimus.com

Please note that the person carrying out the correspondence will be responsible for any fees (including expenses and legal fees) if it is confirmed that the information on YOIMUS is infringing their copyright.

Once adequate notice of the infringement has been received by an agent designated by BOREAL DREAMS, it is company policy to carry out the following action:

        1. Remove or deactivate access to the allegedly infringing material.
        2. Notify the user of the content which has been reported.
        3. Notify the person taking action that the material concerned has been removed or disabled.

The users who have been notified about copyright infringement on more than two occasions will have their accounts deleted. BOREAL DREAMS will remove their content and terminate access to YOIMUS for these users.


Privacy Policy - info@yoimus.com
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