In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, regarding Information Society Services and Electronic Commerce, we provide the following details:
The owner of the website www.meetflash.com and the corresponding mobile application is SMART FLASH S.L. with registered office in Avda. Diagonal 419, 5-2ª, 08008, Barcelona, with Tax ID (C.I.F): B-67122168, entered in the Barcelona Business Register, volume 46227, folio 101, sheet 513592, entry 1, contact e-mail firstname.lastname@example.org
SMART FLASH S.L. is the owner of the website and the “MEETFLASH” application relating to the provision of the photography service, by putting users in contact through the “MEETFLASH” Platform who assume the respective roles of “Models” and “Photographers”.
These general conditions of use for “MEETFLASH” are applicable to each person who visits or uses, as a “User”, the “MEETFLASH” mobile application, or the website www.meetflash.com or any other website or mobile application directly or indirectly owned or operated by SMART FLASH S.L. either from a laptop or desktop computer, or from a smartphone, tablet or any other mobile telephony device.
If the User does not wish to accept these general conditions of use, they must refrain from visiting, using or continuing to browse the “MEETFLASH” mobile application or website.
The browsing, visiting or use of the “MEETFLASH” application implies that each user accepts these general conditions of use, establishing a legal agreement between the User and SMART FLASH S.L.
This is the first version of this agreement of the general conditions of use and they enter into force on 11st April 2020.
MEETFLASH is a marketplace platform for plans, photography and video services that acts as a meeting point for members of its community (hereinafter, “Users”).
Through the Platform, people who require a third party to take one or more high quality photographs and/or videos can contact Users who act as photographers.
MEETFLASH is simply a digital meeting site for users who interact as models and/or photographers, and it does not act as an agent, representative, photographer or model. SMART FLASH S.L., through the MEETFLASH platform, does not perform any quality or safety monitoring of the services that users may request, does not check advertisements made through the platform, does not advise or help users to provide a photography service and does not ensure or guarantee the correct provision of the service.
3. Access and use of the platform
To be a User of the Platform, it is essential to meet the following requirements:
- Be aged 18 or older.
Should it be considered that a user is younger than 18, SMART FLASH S.L. reserves the right to require the user to provide the company with evidence of their age or, if they are a minor, the express permission of their parents or legal guardians to accept these Conditions of Use and perform all actions available to them on the Platform.
- Accurately fill in the mandatory fields of the registration form, which asks for personal data such as an e-mail address and/or Facebook account.
- Accept these Conditions of use.
- Accept the Privacy and Data Protection Policy.
- Accept the Cookies Policy.
- Be aged 18 or older.
The User guarantees that all data regarding their identity and legitimacy provided to SMART FLASH S.L., through the MEETFLASH platform in its forms for registering for the platform, are true, accurate and complete. They also undertake to keep their data updated at all times.
In the event that the User provides any false, inaccurate or incomplete data, or if SMART FLASH S.L. believes there are well-founded reasons to doubt their truthfulness, accuracy or integrity, SMART FLASH S.L. may deny access and use, present or future, of the Platform or any of its content and/or services; as well as unsubscribe the User and cancel the account.
Users of the MEETFLASH platform cannot register more than one (1) MEETFLASH account. They cannot assign or in any way transfer their MEETFLASH account to another person.
If the user registers through an account in another social network/Internet service or portal, they accept the validity and effectiveness of all communications sent by SMART FLASH S.L. to this account.
When registering on the Platform, if they do not register through a social network account (Facebook) the User will choose a username and password. Should they register with a social network account, they must allow the Platform access to information from that account and then choose a username on the Platform.
Both the username and the password, as well as the social network account data used to access the Platform (usually the username, password and e-mail address used to access this social network account) are strictly confidential, personal and non-transferable. The User undertakes not to disclose them or make them accessible to third parties. Given that SMART FLASH S.L. cannot guarantee the identity of registered Users, the User will be solely liable should their access passwords be used by third parties, including statements made public on the Platform or through the Platform, or any other action performed using their user account.
Users of MEETFLASH acknowledge that their identity on the Platform cannot be anonymous or confidential. Users of MEETFLASH must always remain identified on any publication they make or any use they make of the functionalities of the Platform, according to the account registration data.
SMART FLASH S.L. does not accept any liability for confirming the identity of any Registered User. Notwithstanding the foregoing, for the purposes of transparency and to prevent fraud, and to the extent permitted by law, we may, without being obliged to do so, (i) ask Registered Users to provide an official form of identification or other information, or submit them to additional checks designed to help verify the identity or background information of the Registered Users, (ii) filter Registered Users by cross-checking with third-party databases and other sources, and request reports from service providers, and (iii) when we have sufficient information to identify a Registered User, obtain reports from public archives or criminal conviction archives, criminal records or registers of offenders for crimes against personal freedom and sexual indemnity (if available).
Users must inform SMART FLASH S.L. immediately if they have knowledge, or have reason to suspect, that their credentials have been stolen, lost, subject to misappropriation or are threatened in any way, or if their MEETFLASH Account is being used without their authorisation or they suspect this to have taken place. Users are obliged to immediately notify SMART FLASH S.L. of the theft, disclosure or loss of their account username and/or passwords, communicating this via the e-mail address email@example.com
MEETFLASH Users will be liable for all activities undertaken through their MEETFLASH Account, unless these activities have not been authorised by them and they have not acted negligently (such as not having reported the unauthorised use or loss of their credentials, or not having reported this soon enough).
Once registration is complete, all Users may access their profile and complete and/or edit it as they see fit, provided that they comply with these Conditions of Use.
SMART FLASH S.L. may subject access and use of the Platform, or certain of its areas or functions, to certain conditions or requirements, such as performing a verification process, complying with specific qualities or eligibility criteria, meeting valuation or assessment thresholds or a certain history of services, purchases or cancellations of a Registered User.
SMART FLASH S.L. reserves the right to suspend or cancel the right of users to have a registered account or place content on the MEETFLASH platform, at any time and for any reason.
4. Unsubscription of Users and termination of the contract
To unsubscribe, you can also revoke your consent at any time by sending an e-mail with the subject ‘User Unsubscription’ to firstname.lastname@example.org, including in the body of the e-mail the username and e-mail address, or username in the social network used when registering for the Platform.
SMART FLASH S.L. undertakes to complete the User’s unsubscription within a period of no more than 90 calendar days, during which time any operations pending on the MEETFLASH platform may be completed.
SMART FLASH S.L. may suspend or unsubscribe a User (and therefore choose to suspend or terminate this contractual relationship) by notifying them, (i) immediately in the event that the user breaches any obligation in the Conditions of Use, or (ii) immediately in the event that SMART FLASH S.L. stops providing the services offered through the MEETFLASH Platform, or (iii) if the User is inactive for more than 6 months (in this latter case, they will be notified in writing 15 days before the cancellation), and (iv) at any time and without the need to give any reason (through written notice sent 30 days before the cancellation or suspension).
In the event of contractual termination, the User undertakes to (a) uninstall any copy they may have of the Platform’s application and (b) cease to use the Platform. Likewise, access to the User Account and all its content will be deactivated and the content deleted, unless it is held in backup copies (used exclusively for data recovery or backup tasks and tasks to legally defend the interests of SMART FLASH S.L. through the MEETFLASH platform).
5. User Obligations
SMART FLASH S.L. allows MEETFLASH Users to register/create a profile and/or account, in order to upload, download, publish, exchange, transfer or communicate information on, or through, the MEETFLASH application. Any person or user who interacts with information in the aforementioned manner, through the MEETFLASH platform, accepts that the following terms and conditions will apply to the aforementioned information:
- MEETFLASH Users cannot publish any information on the platform that is: (i) lewd, defamatory, disrespectful, obscene, pornographic, abusive, reprehensible or illegal; (ii) discriminatory on the grounds of race, religion, nationality, sex, gender, age, religion, disability, etc.; (iii) constitutes a personal attack or violates the fundamental rights of any person; (iv) infringes or plagiarises any copyright, trademark or intellectual or industrial property right, or leads to the breach of any confidentiality or other agreement. Users guarantee that no information they publish on the MEETFLASH platform will be contrary to the above prohibitions.
- Users will not store, host, disclose, publish, distribute or share any content that may involve any illegal interference or violation of the fundamental rights to honour, image and personal and family privacy of third parties and, especially, of minors.
- Users will not collect, compile, transfer, delete, review, display or project any content of MEETFLASH or third parties, obtained through MEETFLASH, except when expressly permitted through that established in these conditions.
- Users guarantee that they are the legitimate owners of the copyrights, trademarks, intellectual property, etc. for the information published through the MEETFLASH platform. The User is responsible for ensuring the legitimacy of these rights in their capacity as author, photographer, model or other related circumstances that may affect the content of the information published.
- SMART FLASH S.L. has no obligation to monitor, verify or review any publications in order to correct or complete them. The User is solely responsible for the content, information and opinions of any publication they make on the MEETFLASH platform. In any case, SMART FLASH S.L. reserves the right to delete, remove, change or edit any publication, for any reason, in order to send information to the competent authorities.
- You will not breach or evade any applicable laws or regulations, agreements with third parties, third-party rights or our Terms, Policies or Standards;
- You will not discriminate or harass people on the grounds of their race, nationality, religion, sex, gender identity, opinion, physical or mental disability, medical situation, marital status, age or sexual orientation, or otherwise adopt violent, harmful, abusive or disruptive behaviour;
- You will not infringe or violate the rights of any other person, nor harm any other person in any other way. You will not annoy, intimidate or harass any user.
- You will not use content that is intimidating, of a pornographic nature, incites violence, contains nudity or graphic/gratuitous violence, nor will you use language that incites hatred.
- You will not use the MEETFLASH platform for acts that are unlawful, fraudulent, malicious, discriminatory, generally criminal, or attack fundamental rights and freedoms.
- You will not publish content related to alcohol consumption or dating, or that is aimed at adult audiences.
- You will not collect information or content on other users, nor will you access MEETFLASH using automated means (such as collection bots, robots, spiders or data extraction tools) without our prior authorisation.
- You will not use the MEETFLASH platform for any commercial purpose or any other reason that is not expressly included in these Terms, or in a manner that falsely implies the endorsement or cooperation of SMART FLASH S.L., through the MEETFLASH platform, or that in any way misleads others regarding the affiliation that you maintain with the MEETFLASH platform;
- You will not use the MEETFLASH Platform to distribute unwanted commercial messages (spam);
- You will not reserve a Photographer if you are not going to make effective use of this Photographer’s Services;
- You will not contact another User for any reason other than to arrange a photo session, including, by way of example, job recruitment or proposals for any User to use the services, applications or websites of third-parties, without our prior written authorisation;
- You will not use the MEETFLASH Platform to request, make or accept a reservation away from the MEETFLASH Platform, in order to evade any Service Fees or for any other reason;
- You will not request, accept or make any fee payment for sets of photos outside the MEETFLASH Platform; If you do so, you accept and agree that: (i) you will be breaching these Terms; (ii) you accept all risks and liability for this payment and (iii) you release SMART FLASH S.L. from any liability for this payment;
- You will not use, display, mirror or frame the MEETFLASH Platform or any individual element of the MEETFLASH platform, the name of SMART FLASH S.L. or MEETFLASH, any trademark of SMART FLASH S.L., logo or other information subject to property rights, or the design and layout of any page or form contained on a page of the MEETFLASH Platform, without the express written consent of SMART FLASH S.L.;
- You may not use our copyrights, our trademarks, or any other mark that resembles ours and whose similarity may lead to confusion.
- You will not tarnish, taint or otherwise damage the MEETFLASH brand in any way, including, among others, the unauthorised use of content, the registration or use of MEETFLASH or derivative terms in domain names, trade names, trademarks or other source identifiers, or the registration or use of domain names, trade names, trademarks or other source identifiers that closely imitate domains, trademarks, slogans, promotion campaigns or content of MEETFLASH, or that are so similar to these that it may cause confusion;
- You must not avoid, omit, remove, deactivate, impede, decode or in any way try to evade a technological measure implemented by SMART FLASH S.L. or by any of the suppliers of SMART FLASH S.L. or other third parties in order to protect the MEETFLASH Platform;
- You will not try to decipher, decompile or disassemble software used to offer the MEETFLASH Platform or apply reverse engineering techniques to it;
- You must not harm or interfere with the Platform, servers or networks connected to the Platform, including the transmission of viruses or the use of web worms, robots, web spiders, web scrapers, spyware and other automated means or processes to access, gather data and other content from, or interact in any other way with, the MEETFLASH Platform for any destructive or harmful purpose. You may not insert content or code, nor alter or interfere with the way in which any MEETFLASH page is presented or shown on a user’s browser or device;
- You will not carry out any action that could disable or overload MEETFLASH, or affect its correct operation or appearance;
- You will not infringe the intellectual and industrial property rights of other people;
- You will not facilitate or encourage the breach of this Declaration.
The use of MEETFLASH for illegal purposes, specifically to commit criminal offences or to violate the legislation on intellectual and industrial property, will give rise to the existence of liabilities.
The infringement of these Conditions of Use may result in the closure of your MEETFLASH account, which is at the sole discretion of SMART FLASH S.L. You understand and accept that SMART FLASH S.L. cannot and will not be liable for the content published on the Platform and that you use the Platform at your own risk. If you infringe the essence or spirit of these Conditions of Use, or in any other way cause the risk to which we are exposed legally, we may stop providing all or part of the Service.
SMART FLASH S.L. reserves the right to withdraw or suspend the transmission, data hosting, access to the network or the provision of any other equivalent intermediation service when ordered to do so by a competent administrative authority, in compliance with the duty to cooperate with the competent authorities in exercise of their legally established powers.
6. Waiver of guarantees and liability
The User is responsible for having the services and equipment necessary to connect to the Internet and access the Platform. In the event of any incident or difficulty accessing the Platform, the User may notify MEETFLASH through the e-mail address email@example.com and it will analyse the incident and give instructions to the User on how to resolve it in the shortest time possible.
MEETFLASH will not be liable in the event of service interruptions, connection errors, unavailability or deficiencies in the Internet access service, nor if there are any interruptions to the Internet network or for any other reason beyond its control.
MEETFLASH reserves the right to interrupt access to the Platform at any time and without prior notice, whether for reasons of a technical, security, control or maintenance nature, due to power failures or for any other reason.
MEETFLASH has no obligation to control and does not control how Users use the Platform and, consequently, does not guarantee that Users will use the Platform in accordance with that established in these Conditions of Use, or that they will use it diligently and/or prudently. MEETFLASH has no obligation to verify and does not verify the identity of Users, nor the truthfulness, validity, completeness and/or authenticity of the data they provide.
Consequently, MEETFLASH is not liable for the ways in which Users use the Platform’s content that may involve a violation of any type of national or international legislation, intellectual and industrial property rights or any third-party rights. In particular, MEETFLASH will not be considered the editorial manager, and expressly declares that it does not identify with any User Content, the consequences of which are the full responsibility of the issuers.
To the fullest extent permitted by the applicable law, MEETFLASH does not accept any responsibility for damages and losses of any nature that could occur due to the illegal use of the Platform by Users, or that could be due to the lack of truthfulness, validity, completeness and/or authenticity of the information Users provide to other Users about themselves and, particularly but not exclusively, due to damages and losses of any nature that could be due to the impersonation of a third party by a User in any type of communication sent through the Platform.
Users accept all responsibility deriving from using the Platform, and are solely responsible for any direct or indirect effect deriving from this Platform, including but not limited to, any adverse economic, technical and/or legal result, as well as any failure to meet the expectations generated by this Platform, Users being obliged to hold MEETFLASH harmless from any claims deriving directly or indirectly from these circumstances.
Notwithstanding the foregoing, MEETFLASH reserves the right to limit, totally or partially, access to the Platform to certain Users, as well as to cancel, suspend, block or delete certain types of content, through the use of technological tools suitable for that purpose, if it has effective knowledge that the activity or information stored is illegal, damages the property or rights of a third party or is fraudulent. In this regard, MEETFLASH may establish the necessary filters to prevent illegal or harmful content from being fed into the Internet through the service.
7. Personal data protection
8. Intellectual property
The Users of MEETFLASH acknowledge that: (i) MEETFLASH is the sole owner of the application, its source code, copyrights, know-how and intellectual property rights related to the MEETFLASH application, with the provision of the photography service through the MEETFLASH platform, the use and promotion of the application; and (ii) these conditions do not imply, under any circumstance, the acknowledgement, in favour of users, of any right over the MEETFLASH platform or the intellectual property rights inherent to it.
MEETFLASH is the owner or licensee of all intellectual and industrial property rights included on the Platform, as well as over the content accessible through it, especially but not limited to the texts, images, photographs, graphic design, browsing structure, information, source code, databases and any other content included on the Platform.
The authorisation given to the User to access and use the Platform and the services it offers does not imply any assignment of its intellectual and industrial property rights, except as stated below.
MEETFLASH grants the User a limited licence to access and personally use the Platform and services it offers, and to download the mobile application. This licence only grants the intellectual property rights that are essential to comply with these Conditions of Use (right of use and single reproduction of the mobile application on one device, plus a single backup copy), is non-exclusive, for everyone and its duration is limited solely to the validity of the contractual relationship between the User and MEETFLASH in accordance with these Conditions of Use (respecting these is a condition of this licence).
Upon notification by any MEETFLASH User, person or company, MEETFLASH reserves the right to act expeditiously, removing from the platform any content that may infringe the intellectual property or copyright of any person. To this end, any complaint regarding the infringement of copyright or intellectual property rights must be sent to firstname.lastname@example.org. The complaint must contain enough information to identify the rights that are considered infringed, the MEETFLASH content violating these rights, the identity of the complainant, the complainant’s ownership of the alleged rights and any other information or circumstances that may be required by MEETFLASH. Any complaints regarding inappropriate content or information will also be reported to the User in question.
Users sharing User Content through the Platform declare (a) that they freely licence, to MEETFLASH and the users of the Platform, the only intellectual property rights necessary for the purpose of the Platform, and also for the purposes of advertising, promoting, disclosing and/or identifying the Platform (public communication rights, reproduction on the Platform and transformation for the sole purposes of adapting/editing the content for the platform) on a non-exclusive basis, for everyone and for the maximum legal duration of the granted rights, (b) that they hold the rights necessary to do so and (c) that they will release MEETFLASH from any responsibility over the content and legality of the information published and will indemnify it should this guarantee be breached.
9. Updating and amendment of the Terms
MEETFLASH reserves the right to amend these Terms at any time in accordance with this provision. Any changes to these Terms will be published on the Platform, updating the “Last updated” date at the top of them. Notification of amendments will also be sent via e-mail at least thirty (30) days before they come into effect. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the notification e-mail. If you do not terminate your Agreement before the date on which the revised Terms enter into force, continuing to access or use the Platform will constitute your acceptance of the revised Terms.
These conditions are drafted in Spanish, which is the language that governs the contractual relationship between MEETFLASH and the Users. If Users do not know or understand the Spanish language, they accept responsibility for obtaining a translation of them in the language that they know and understand.
11. Applicable law and jurisdiction
The validity, execution and interpretation of these Conditions of Use will be governed in all aspects by Spanish law. In the event that any conflict or dispute arises in the interpretation or application of these Conditions of Use of the Platform, it will be submitted to the Courts of Barcelona