TERMS AND CONDITIONS OF USE

VUNE LAB LIMITED is a company duly incorporated, organised and existing in accordance with the laws of England, with registered office at Vaughan Chambers, Vaughan Road, Arprenden AL5 4EE and Tax Identification Number 08466438, is the ownership of the Vunee Pro application (“Vunee” or “Application”). For contact with us you can send an email: info@vunitylab.com.

Online registration on the Vunee Application will be governed by the provisions of the Terms and Conditions of Use and the Cookies and Privacy Policy that you, as “User”, expressly accept to have read and understood.

ACCESS AND SUBSCRIPTION

Vunee allows you share photos and information of events, leisure activities and/or festivals with friends and/or third parties depending on the level of privacy configured by the user.

In order to use the services and the functionality of Vunee you must download the application and register on the same. To register on the Application you will be required to provide certain personal data, such as the name and your email in accordance with the terms and conditions set forth in the Privacy Policy and Cookies herein.

On signing up, the User will receive a Vunee welcome e-mail in the e-mail account provided by the User to Vunee for notifications.

The User may also register on the Application using its Facebook account. In this case, the User expressly authorizes Vunee to obtain and keep certain information, available in accordance with the configuration of the account, from the User's Facebook account. In addition, the User may, at any time, determine the type of activities to be shared in Facebook.

In any case, the User acknowledges and agrees on the fact that Facebook INC and Vunee are separate and independent companies. Each one is governed by their terms and conditions of use and the cookies and privacy policy.

On signing up and when using the Application, the User will always provide accurate, updated and complete information. Otherwise, that use shall be deemed to be in breach of these terms and conditions of use and Vunee shall be entitled to cancel immediately the User’s account. In any case, the User is prohibited to register other person without an express and prior consent from said person.

The User guarantees the accuracy of the data provided at the time of the registration and all that at a later period he/she updates, changes or provides to Vunee, so that the User shall be personally liable for any possible claim, sanction and/or compensation that may affect Vunee in relation to such information.

For subscribing and using the Application, the User must use the User’s code and password selected on signing up as a User (“Codes”). The User agrees to not disclose the information on their account or their codes to third parties. The User is the solely responsible for the activity that occurs in your account and you agree to immediately notify Vunee of any security breach in your account. Vunee will not be liable for any loss arising from any unauthorized use of your account.

For these purposes, access to the Application and/or the use of the services and contents under the password of a registered User shall be deemed made by the registered User, who will respond in any case such access and use.

MINORS AND LEGAL CAPACITY

The download and use of the Application is addressed to people over eighteen (18) years old, i.e. of legal age and with full legal capacity. Should the legislation of the country where Vunee is in use establish an inferior or superior age as of legal age than the aforementioned, in this case, the User will have to meet those requirements and abstain from installing, executing or use the Application otherwise.

The Application is not addressed to users who are underage people (i.e. under 18 years old). Vunee does not collect information of underage people. Should Vunee have knowledge that a person under 18 years old has provided personal data for the download and use of the Application, will proceed to delete such information as well as the underage User's account.

We encourage parents to take an active interest in their children's use of the Internet. In any case, if you are under 18, you should not provide signing-up the Application.

USE OF THE APPLICATION

Actions allowed by the Application

The installation and execution of the Application is free of charge.

The Application allows the User to carry out different actions, amongst them:

a) Sharing with other Users their identification and publication of the public places or establishments where the User is at any time;

b) Sharing with other Users the User’s information, images, photos, sounds, plans as well as other personal data or information stored in the Application or in the User’s device;

c) Sharing certain information solely with the Users selected by the User owner of the shared content.

d) The synchronization of the Application with other social networks will also allow the User sharing its information and contents with people who are not registered as Users in Vunee.

Vunee, in accordance with the Privacy Policy and Cookies and the terms and conditions of use herein that the User expressly accepts, is entitled to use the contents published by the Users for purposes related to Vunee website, the Application and Vunee business, including but not limited to, showing the content publically, reformatting them, including them in marketing material, publicity and other creations, creating those derived from them, promoting and distributing them, etc.

Notices

The use of Vunee includes the possibility that the Users could send private notices directly through the Application with other users.

Vunee is entitled to provide a notification service that displays the alert received on the lock screen of the device as well as in the section of notifications to inform of the latest news in Vunee or in the Users’ network related to a leisure event. The User accepts the receipt of notifications. However, the User shall be always entitled to unsubscribe this service by means of the options available in the User’s account.

Shared content

All content, whether it is public or privately shared by the User, is of exclusive responsibility of the User who originated and share such content. Vunee does not guarantee the authenticity of the content or the data shared or published by the Users.

The User hereby accepts being the exclusive responsible and liable for the content published or shared by him/her through the Application. The User shall be solely liable for any damage or loss that may arise out of the content provided by the User in Vunee.

INTELLECTUAL PROPERTY

Vunee’s IP rights

All the contents of the Application, unless otherwise noted, are exclusively owned by Vunee, including but not limited to the following: the graphic designs, source code, logos, text, graphics, illustrations, photographs provided by Vunee, and other elements that appear in the Application. Likewise, Vunee is the title holder of all commercial brands, trade-marks, signs, patents, commercial secrets or other rights of any kind contained in the Application and they are protected by applicable law.

In general, Vunee does not grant any license or authorization to use its IP rights or any other content protected by law related to its Application and the services offered in the same.

Regardless the abovementioned, Vunee grants a license of use solely to install and execute the Application by the Users, and subject to the following conditions:

a) The installation and use of the Application are free.

b) In the event of the Application is used through Facebook, the User accepts that Vunee may collect information and content available on Facebook for the installation and execution of the Application. In some cases, Vunee may require additional permissions from the User to be able to perform some action or develop a functionality of the Application. If any of the permissions or authorizations requested by Vunee is denied by the User, this may lead to the suspension of the services provided by the Application.

c) The User acknowledges that the reproduction, distribution, marketing, processing and, in general, any other form of exploitation by any means, of all or part of the contents and IP rights of this Application without the prior consent from Vunee shall be deemed as an infringement of Vunee’s IP rights or, if any, of the title holder.

Contents provided by Vunee

When the User publishes any content on the website or on the Application, the User grants in favour of Vunee (and their successors and assignees) a worldwide license, non-exclusive, free of royalties, sub-licensable and transferable so that Vunee is entitled to use, copy, edit, change, reproduce and distribute the publications or contents provided by the User for purposes related to Vunee website, the Application or Vunee business. Therefore, and in accordance with the Privacy Policy and Cookies and the legislation in force, Vunee may use such publications or contents in any territory, for the marketing, distribution or advertising of the website, the Application or Vunee business, in any format, including but not limited to, multimedia formats and even through websites of third parties.

By virtue of such publication, the User authorizes Vunee (and their successors and assignees) to use the personal images contained in the publications and belonging to the User or other third parties with the only limitations that those uses that may infringe the right to honor and privacy in accordance with the applicable legislation.

The User represents and warrants that he/she is a legitimate title holder of the relevant rights to gran the license and the authorization herein and that he/she is not infringing any third parties’ rights, including privacy, publicity, copyrights, contractual rights or any other intellectual property right.

The User acknowledges the only person liable for any mistake or error included in the content or the information published by means of the Application, is the User who has shared that information, whether it was published publicly or privately. Vunee is not liable for any mistake or omission in the content neither guarantees de identity of the Users with whom the User may interact while accessing the Application.

USER´S OBLIGATIONS

The User hereby undertakes not using the Application for any purposes prohibited by these terms and conditions of use. The User is responsible and liable for its use of the Application. Furthermore, the User shall comply with any other obligations required by the applicable legislation.

In particular, as an example of prohibited uses of this Application, the User shall not allow any third party to use, upload, download, publish, send the published content or carry out any kind of distribution or any action to facilitate the distribution of the content published in the Application or through itself, if said content:

Vunee is especially strict with those contents that may affect or damage minors and, in particular, shall control and report those contents that may be deemed child pornography. Therefore, Vunee shall not only delete these contents but also report before the relevant authorities the publication or distributing of such material.

Furthermore, the ban includes the use of photographs containing private information.

The User shall not be able to directly or indirectly:

Vunee keeps the right to (i) remove, suspend, edit or modify at any time the content, including among other, User publications, without any previous notice and (ii) to remove, suspend or block other User publications.

Vunee also keeps the right to access, read, preserve and reveal any information that reasonable believes is necessary to (i) comply with the laws, rules or legal processes (ii) to comply with the present Terms and Conditions of Use (iii) to detect and prevent matters related to fraud, safety or technical problems, or (iv) to protect Vunee's rights or safety as well as its Users.

The Application is made available for its download, installation and execution and the version downloaded will be the one available at that time. The User agrees not to modify the Application under any circumstance, as well as not to elude, deactivate or interfere with the functions related to the Application's safety.

In the case the User or any Third Party has knowledge about any of the before mentioned infringements or other which could cause damage or loss of rights, must immediately communicate Vunee sending an email to support@vunitylab.com describing the supposed infringement. Upon receipt of the email, Vunee shall analyze it and implement a solution to it.

Should there be a case of infringement, the account belonging to the User who engaged in such conduct against the Terms and Conditions of Use or the infringement of any law or rule whether in its own country or not, can be immediately suspended, cancelled or eliminated by Vunee.

LIABILITY LIMITATIONS

Vunee assumes no liability for the transfer of negative or potentially damaging results due to the use, installation or execution of the Application, caused in the User's device or in other private social network accounts.

Vunee assumes no liability or responsibility with regards to the following cases: information or contents generated by the Users directly or arising from the use of the Application, neither by the correct or incorrect use of such contents by the User or by a third Party,

Vunee assumes no liability or responsibility with regards to the authenticity, accuracy, identity or legality of the contents generated by the Users.

In case of any loss, actions, lawsuit, damages, expenses or liability arising from or related to the User's use or incorrect use of the site, the Application, the content or the User's publications; the User shall indemnify Vunee, its board of directors, employees and collaborators for any liability they may result involved.

Vunee is not liable for any breach of its obligations set forth in these terms and conditions of use if such breach is due to a cause that exceeds Vunee's control, including amongst others, mechanic, electronic or communication failures.

SECURITY AND PRIVACY

Personal information or data provided to Vunee through the Application is governed according to Vunee´s Cookies and Privacy Policy.

The User is solely responsible for any and all activities related to its account. You agree to notify Vunee immediately of any unauthorized use of your account or any other breach of security. Vunee will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Vunee or another party due to someone else using your account.

CHANGE OF CONTROL

In the event that Vunee is acquired by or merged with a third party entity, Vunee reserves the right to transfer or assign its contractual position as well as the information collected from the Users as part of such merger, acquisition, sale, or other change of control.

The third entity shall comply with the requirements states by Vunee in the Terms and Conditions of Use and in the Cookies and Privacy Policy.

RIGHT TO CHANGE THE TERMS AND CONDITIONS OF USE

Vunee keeps the right, to amend, change or substitute any of these Terms and Conditions of Use, or to modify, suspend or interrupt the service at any time via the publication of a notice on their website or via a notice sent through the User’s email.

Vunee can also impose, without assuming any liability, the limitation to certain features and services or to restrict the access of the User to any part or full service without the obligation of noticing the User in advance. It is the User's responsibility to periodically review for any changes in the terms and conditions of Use. The User's continued Application use after a publication by Vunee informing of any changes in these terms and conditions of Use will automatically bind the agreement of such changes by the Use.

INTEGRATION AND INDEPENDENCE OF THE TERMS AND CONDITIONS

These terms and conditions of use bind the complete agreement between the User and Vunee with regards to the Application and use of the website and the Application. They also substitute all communications and proposals held beforehand without implying any loss of other rights.

CONDITIONS AGREEMENTS

The agreement of these conditions assigns the agreeing party the condition of User of the Application. Therefore it implies the full agreement on each and every condition legally binding at the moment of Vunee download, without any exception. Vunee keeps the right to amend these terms and conditions of use at any time, being the User therefore obliged to periodically revise the conditions in force and meet the obligations set out on each version in force at any time.

SEVERABILITY

If any of the provisions of these terms and conditions is found by a court with competent jurisdiction to be void or unenforceable, the remainder of the terms will survive and remain in full force and effect and they will not be affected by the said declaration of invalidity.

INTERNATIONAL USE AND LANGUAGE

The use of Vunee by part of the User within a different country to the UK will be under the responsibility of this. The User is solely responsible to comply with the laws of the countries from which access Vunee.

Although the present conditions are translated into several languages to ensure that they can be read and understood by all of our users, these they are aware and accept that always the English version shall prevail in the assumption that might exist contradictions between the different versions and that these conditions are subject to English law.

GOVERNING LAW AND JURISDICTION

In the event of a conflict or a dispute arising from the interpretation or execution of these terms and conditions of use, the parties hereto, renouncing to any other venue they may be subject to, expressly accept to submit themselves to the Courts of the City of Barcelona (Spain) where Spanish law will apply.