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TERMS OF USE

Tuenti's Terms of Use

WELCOME! BY USING TUENTI AND/OR DOWNLOADING ITS APPLICATIONS, YOU EXPRESSLY STATE THAT YOU HAVE READ, COMPLY WITH AND ACCEPT OUR TERMS OF USE AND PRIVACY POLICY.

Please carefully read our Terms of Use and Privacy Policy since they contain all the information regarding your rights and obligations as a user. This will allow you to be informed as to what you are and are not permitted to do in Tuenti, or if you prefer, you may read a summary in our Decalogue.

1. What is Tuenti?

Tuenti Technologies, S.L.U. (“TUENTI”) is a Spanish technology company that has developed the first social mobile virtual network operator on the market with an integrated mobile instant messaging and social communication application (“Tuenti”).

Tuenti is the simplest way of sharing your experiences with people who truly matter: your real friends. Our multi-platform mobile and web applications allow you to create a profile, remain up-to-date on all your friends' news thanks to the bulletin board, as well as chat, make calls or exchange voice and/or multimedia messages in real time with your Tuenti contacts or friends, in the most private and secure manner, regardless of whether they connect using a computer, cell phone or tablet.

Customers of the TUENTI cell phone service and of any carriers that have an agreement with TUENTI may also use Tuenti to benefit from its features and unique management services for their cell phone lines. To do so, they must first register in the TUENTI webpage, the mobile application (app.tuenti.com) or any other method that is established for this purpose.

2. User registration

Access to TUENTI services requires you to first register with Tuenti and to provide a series of basic ID and contact information so you may be identified as a user. You may subsequently access Tuenti to complete the rest of the information that will comprise your profile.

To process your registration, TUENTI may ask you to verify your cell phone number. You must first provide your phone number and then TUENTI will send you a confirmation code that you must enter during registration in order to complete the process.

In general, access to and use of Tuenti is prohibited to users under the age of 14 without the corresponding consent of their parents and/or legal guardians. Therefore, by accepting these Terms, you confirm that you are at least 14 or that, if applicable, you have received the aforementioned authorization and you assume full liability of this statement.
However, TUENTI could contact you at any time to request that you prove your actual age by providing us with an official document and, if applicable, that you have the necessary parental consent. If you do not provide us with this documentation, TUENTI could temporarily deactivate and/or cancel your profile.

In addition, we inform you that you may uninstall Tuenti from your mobile device at any time using the various configuration options, and you may ask TUENTI to cancel you as a user (or do so yourself using the tools we offer).

3. Your obligations

The use of Tuenti's services and features requires your commitment to their correct use, in accordance with these terms and the laws in force, as well as, in general, with the principles of good faith, morality and public order.

In this regard, it is absolutely forbidden to access and/or use Tuenti in a manner that is not in accordance with the previous paragraph, with or without economic gain, for any activities that could be illegal, racist, obscene, pornographic, abusive, defamatory, deceitful, fraudulent or, in general, that could harm the rights of any ownership of TUENTI and/or of third parties.

You are responsible for your use of Tuenti, including the contents you choose to share or post at any time in your profile or in any of the features and services offered by Tuenti, such as the chat, events, etc. TUENTI will do everything reasonably possible to monitor the legality of the images, comments, information and other contents that can be found in Tuenti. TUENTI merely operates as an intermediary that makes its technological platform available to users, assuming only and exclusively the liability derived from the diligence that could be required of it by law.

In terms of the content you publish as a Tuenti user, you guarantee, exempting TUENTI from any related liability, that you are the owner of the necessary rights for your publications in Tuenti and/or that you have the necessary authorization or permission and that, as a result, the publication does not violate the rights of third parties.

Lastly, keep in mind that Tuenti's services and features are offered only for your personal use and therefore you may not use them for economic or commercial purposes without the authorization of TUENTI.

4. Invite your contacts and friends

As a Tuenti user, you may send invitations to others so they may join Tuenti and/or to your network of contacts and friends, which is why you should provide your e-mail address or phone number. TUENTI will not store this information and you will be liable for responding to the individuals you have invited if there are any types of claims against TUENTI.

To facilitate this process, users who wish to do so may search their contacts and friends using a tool that is provided for this purpose in Tuenti. They may also authorize the synchronization of their device's address book in order to find their friends and contacts more easily so they may receive an invitation to join Tuenti, or if they are already registered users, to form part of their network. Specifically, through this synchronization, TUENTI will verify whether the individuals who appear in your address book are already using Tuenti's services.

In this regard, when adding people to your Tuenti network, you will be able to choose from the following options, depending on your relationship with each person:

• Adding them as a contact: Your contacts can only send you messages and call you through Tuenti, and they only have access to the basic information of your profile (name, surnames and photo).

• Adding them as a friend: Aside from what contacts can view and do, and depending on your privacy configuration, your friends will also have access to the information and contents you choose to publish in your Tuenti profile.

Remember that any operations you perform with the information of third parties when using Tuenti, and especially with its invitations and address book synchronization service, will be exclusively your liability, exempting TUENTI of liability as an intermediary.

5. New features, events and promotional activities

TUENTI offers a notification service via e-mail and using the Tuenti application to inform you of new features in your network of friends. In the case of e-mail notifications, you will always be able to deactivate this service using the preferences available in your profile.

Tuenti users will be able to create all types of personal events, with the option of setting the corresponding dates and times, etc., and sending invitations to their friends in Tuenti so they may attend. TUENTI will also be able to create and invite you to events related to promotional activities arranged by TUENTI and/or the businesses with which it partners at any time.

Participation in events, contests and/or promotions in Tuenti, whether they are organized by TUENTI and/or by third party partners, will always entail the participating user's acceptance of the applicable conditions or specific legal terms.

You understand and accept that there may be advertising content in Tuenti and therefore as a user, you may access ads for products and services of TUENTI and/or of third party businesses and professionals with which we have agreements.

6. Calls between users

Calls between registered Tuenti users consist of an Internet telephone service (Tuenti VoIP) offered by TUENTI, aside from the telephone service available to the public (POTS) and other services that users may have purchased from their carrier.

You should understand that this service for calls between Tuenti users is not interoperable with the traditional telephone service (POTS) and it does not substitute or replace it in any way since it only allows making calls via the Internet with your Tuenti contacts and friends.

It is also different from POTS in that it does not allow making calls to landlines, cell phones, telephone information numbers or emergency services. Calls can only be made between Tuenti users and with the platform in question. Therefore, users must have access to an alternative that guarantees the possibility of making and receiving these types of calls.

This service is only for personal use and it will be available to all Tuenti users with a compatible device and operating system. In this regard, as a user you are responsible for knowing whether the Internet connection services (landline or cell phone) purchased with your carrier and your device are suitable for use with this service. In this regard, remember that if you download our application and/or use this calling service, your cell phone carrier could apply and charge you the rate specified in your contract for Internet data consumption.

In addition, the calling service between users is offered without any type of guarantee since its quality could be affected by multiple factors unrelated to TUENTI, such as the user's geographic location, the type of device being used or even its battery level, among others. As a result, TUENTI cannot guarantee that it will always be free of errors, failures or interruptions, and users do not have the right to submit any complaints for this. In addition, keep in mind that certain carriers could limit or restrict the use of this service in their networks.

TUENTI will not control or monitor the content of conversations since it is merely an intermediary between users. However, we may establish reasonable usage policies for this calling service in order to prevent possible fraud, disproportionate and/or abusive use that could negatively affect service quality and/or other users. Excessive or unreasonable use is understood as a level that is significantly more than the average use of customers.

7. Exclusive services for customers

Tuenti users who are also customers of TUENTI POTS or of a partner carrier may also benefit from the services and unique management features of their cell phone line through Tuenti, as long as their device is compatible with these services and has Internet access.

This is a series of additional, innovative and added-value services that are fully online through Tuenti. Depending on the specific services that are available at any time, these may include credit top-up management, consumption control, customer service, address book, billing queries and communications history for the phone line, virtual voicemail, as well as sending and/or receiving text messages (SMS) and/or digital voice messages through Tuenti. These services may be subject to specific terms.

Regarding the POTS purchased by the user from their carrier, it will always be subject to the specific rates, offers, promotions and legal contract terms that are established by the corresponding carrier, whether it is TUENTI or other carriers it has agreements with in order to offer customers these services or unique features

8. Security

At TUENTI, we are committed to protecting our users, so if you detect any possible violation at Tuenti of these terms and/or the law in force, you may notify us using the report tools we offer.

In addition, TUENTI has implemented robust measures to guarantee the security of its information, but keep in mind that you are singly responsible for protecting your Tuenti access passwords as well as for any damage and/or harm that could be caused by their unauthorized use.

TUENTI may temporarily deactivate or cancel any user profile automatically, without prior notice, and without the user's right to any type of compensation. For example, if we have any indications that you may have impersonated a third party in Tuenti, we will verify your identify and, when applicable, temporarily deactivate and/or cancel the profile.

TUENTI may also notify the corresponding authorities or collaborate with them in the event of a possible violation of the legislation in force that is detected in Tuenti, especially if the violation could be considered a crime.

Nobody may insert links or hyperlinks, regardless of whether or not they are a Tuenti user, in user profiles and/or in TUENTI content. If we detect a link of this type, TUENTI may take action to eliminate it and, when applicable, adopt the legal measures it considered appropriate.

9. Privacy

TUENTI offers a variety of privacy options to guarantee the security of your information and, if you wish, you may configure these options by accessing the preferences of your Tuenti profile. This will allow you to control and decide at any time who may access your personal information.

Keep in mind that in accordance with our Privacy policy, your default privacy configuration will be set to “Only friends”, which means: (i) that only the people you have confirmed as friends may access your information and the items you share in your Tuenti profile, and (ii) that the people you have added as contacts but are not yet set as friends in Tuenti may only access your identification information (such as your name and surnames and your profile photo).

10. Intellectual and industrial property

TUENTI is the owner of all the rights for Tuenti (including the web platform as well as its applications for mobile devices), except for the contents provided to TUENTI by third party partners and the items published by users (these items will continue to belong to these individuals/entities).

In this regard, the user is only granted a limited, temporary, non-exclusive and revocable license so they may use, download and/or install Tuenti on their devices in accordance with these terms and for the planned uses. TUENTI always reserves the rights that are not expressly granted to the user through these terms.

Although you will maintain the rights over all the content you publish, you grant TUENTI a non-exclusive license that is global and limited to the time your profile is active and/or when you decide to delete them, to reproduce and publicly communicate them, to add information to them and to transform them with the aim of adapting them to Tuenti's technical needs.

11. Liability

TUENTI does not assume the obligation to control the contents that Tuenti users publish, but it will attempt to prevent, to the degree possible, the distribution of content and/or messages that could be defamatory, racist, sexist, xenophobic, homophobic, discriminatory, pornographic or violent, or that go against morality, public order or good customs in any way, or that are clearly illegal.

TUENTI will not be liable for any Tuenti accessibility or availability issues or any resulting damages if they are caused by factors that are beyond its area of control and operation, such as the speed of your Internet connection, the type of device used, your geographic location, etc.

In addition, please keep in mind that you are the only person liable for your interactions with other Tuenti users, so we will not be liable for any conflicts you may have beyond what is stated in these legal terms. TUENTI will not be required but it reserves the right to intervene in these conflicts when necessary if they arise.

We also inform you that TUENTI is not liable for any failures, incompatibilities and/or damages to your devices that, when applicable, could result from downloading and/or using Tuenti.

12. International use and language

Although Tuenti may be accessed outside of Spain, you understand and share the belief that it has been conceived to be used by anyone who complies with these terms, in any country where its use does not go against the local laws or regulations in force. In addition, Tuenti may have certain restrictions, it may not work properly or it may not be available in all countries.

The use of Tuenti by users in a specific country will be their own liability. Only you are liable for complying with the laws of the countries from which you access Tuenti.

Although these terms have been translated into various languages so they may be read and understood by all of our users, those users state to understand and accept that the Spanish version will always have priority if there are any contradictions between the different versions.

13. Modifications

TUENTI reserves the right to review these terms at any time due to legal reasons, technical reasons, changes in the services offered by Tuenti or strategic decisions. If this occurs, we will notify you via a publication in Tuenti, and if you continue using the service and do not request to cancel your user profile, we understand that you accept the modifications.

14. Applicable jurisdiction and law

If the regulations in force do not address the obligation of abiding by a different jurisdiction or legislation, TUENTI and its users waive any other jurisdiction that could apply and agree to abide by the courts of Madrid (Spain).

15. Corporate information

Tuenti is a registered brand of Tuenti Technologies, S.L.U., a company with tax identification number (CIF) B-84675529, registered address at Gran Vía 28, 6ª planta, 28013 - Madrid (Spain), and registered in the Mercantile Registry of Madrid in Volume 23.101, Sheet 10, Section 8, Page M-413964, 1st registration. Contact information: privacidad@tuenti.com, phone +34 91 429 40 39 and fax +34 91 369 22 87.

TUENTI is a member of Confianza Online and abides by the terms of its Code of Ethics, and it is a member of AUTOCONTROL, a non-profit association that manages the self-regulation system for advertising in Spain.

© TUENTI, 2014.

 


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