*Disclaimer: The English version is a translation of the original in Spanish for information purposes only. In case of a discrepancy, the Spanish original will prevail. Read the original in Spanish
Date updated: Oct. 1, 2020
The purpose of this document is to establish the general conditions of use of the PASSHOLDER application (from now on, the Application), owned by Julián Rocabruna Puig, with CIF/NIF nº: 43200262Y and address for notification purposes at C/ Don Ramón De La Cruz, 95, C.P. 28006 - Madrid (Madrid).
The registration and subsequent use of the Application requires the prior acceptance by the user of the general conditions of use in force. The Owner reserves the right to modify these conditions, at any time, although such changes will be duly informed for the knowledge of the user.
The downloading and use of the application, attributes the condition of user of the same one (in ahead, the User) and implies the reading, understanding and acceptance of all the terms and conditions gathered by the present document.
However, the User must periodically review the publications regarding the changes made to the conditions of use, and if the User continues to use the Application, it will be understood that this implies the acceptance and assumption of such changes.
In accordance with the provisions in force regarding the protection of personal data, and in order to protect the privacy of minors, we inform you that the User must be over fourteen (14) years of age or have express authorization from his/her parents and/or legal guardians, in order to register, access and use this Application.
To this end, the Owner may contact the User at any time to prove his identity and the actual age that would enable him to use the Application, or to prove that he has the authorization of his parents and/or legal guardians.
Among the documents that the Owner may request from the User to prove the above mentioned points, there would be a copy of his ID card, as well as other complementary documents that are necessary for the Owner to verify the User's real age. In case the Owner requests the above mentioned documentation to the User, and the User refuses to provide it, the Owner may cancel the Application to the User.
The Application is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, etc.), whose intellectual property rights, under the provisions of current regulations on the subject, correspond to the Owner, except for those materials obtained under license, authorization or consent of third parties.
The Owner and the third party licensors, will retain at all times the intellectual property rights over the Application, as well as over the different elements that compose it, considered individually, in all the copies that are made (whatever the support to which they are incorporated), granting over them only the right of use.
Any rights not expressly assigned shall be deemed to be reserved in favour of the Owner and the licensors of individual contents or elements.
The Owner has the intellectual property and exploitation rights over the software used for the development and operation of the Application, and will be able to download and install new versions of the Application software, updates and improvements, in order to perfect the functionalities of the service.
The user does not acquire any right or license for the contracted service, on the software necessary for the provision of the service, nor on the technical information for monitoring the service, with the exception of the rights and licenses necessary for the use and correct functioning of the Application.
In addition to the above, the Owner is responsible for the selection, design of the structure and arrangement of the contents of the Application, as well as who has taken the initiative and assumed the risk of making the substantial investments aimed at obtaining, digitizing and presenting the same, corresponding, therefore, to the protection that the Law on Intellectual Property (LPI) may grant on such arrangement and structuring of data.
The Owner is also the only owner of the design and graphic image of the Application, reserving the actions that legally correspond to him against people who might make imitations or unfair uses of it.
Regarding the possible contents generated by the user, during the use of the Application, the user will be the only owner of the intellectual property rights over such contents.
However, when the User shares, disseminates or publishes content on the Application, he is granting a non-exclusive, transferable and free license to store, reproduce, distribute, modify, maintain or publicly communicate (disseminate, publish) User-generated content.
In the event that the User shares or publishes content on the Application, which he has not created or generated himself, he will be solely responsible for having previously obtained the corresponding authorizations from the legitimate authors of such content.
In any case, the Owner informs the User that, although the content can be removed from the Application interface, it can be kept in the Owner's backups for a certain time, and then effectively deleted.
Also, it is worth mentioning that the content may still be visible if it has been shared with other users, and these have come to download or save such content, exceeding these actions of the scope or environment of the Application.
The User agrees to use this Application and all its contents in accordance with the law, morality, public order and these conditions of use. Likewise, he agrees to make appropriate use of the services and/or contents of the application.
In particular, the User agrees to:
The infringement of any of the rules contained in this section, will empower the Owner, to terminate the application to the user immediately, as well as to remove user-generated content, which may violate the rights of others, be inappropriate or contrary to law.
The Owner does not guarantee that, during the use of the Application, there will be no failures or errors that make the use of the service difficult, generate imperfections, problems or delays in the system.
Provided that the Owner has acted with the timely and necessary diligence, it will not assume any responsibility for: losses not caused by the Owner's breach of the provisions of these conditions; losses not reasonably foreseeable by any of the parties; content disseminated or published by other users, when they violate the rights of third parties, or illegal, violent, offensive or inappropriate content.
The Owner reserves the right to make, without prior notice, the modifications it deems appropriate for the proper functioning of the Application, and may change, delete or add both content and services provided through the same, as well as the way in which they are presented or located.
The Owner will try, as far as possible, to keep the information contained in this Application updated and free of errors, although, in any case, access to and use of the same is the sole responsibility of the User.
In the event of non-compliance by the User with the terms included in these conditions of use, the Owner shall be entitled to initiate the legal actions which, in accordance with current legislation, may be appropriate, as well as to request the relevant compensation from the User.
The Owner shall prosecute any misuse of the Application or its contents as well as any infringement of the rights held by him or his licensors, especially with regard to intellectual and industrial property rights.