This agreement was written in english (UK). To the extent any translated version of this agreement conflicts with the english version, the english version controls.
Date of Last Revision: November 9, 2011.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (Statement) governs our relationship with users and others who interact with Idolium.
By using or accessing Idolium, you agree to this Statement.
The main and only limitation imposed by Idolium is that will be completely prohibited to create pages idolizing people who have committed crimes against humanity. Any other type of idol is allowed, including sexual celebrities, but is not allowed to include pornographic material in Idolium, which is punishable by disabling the user's account.
3.- Sharing Your Content and Information
You share all of the content and information you post on Idolium, and you are responsible for your publications.
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Idolium (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information it means that you are allowing everyone, including people off of Idolium, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Idolium, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Idolium safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Idolium.
- You will not collect users' content or information, or otherwise access Idolium, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Idolium.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Idolium.
- You will not use Idolium to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Idolium, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
5.- Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Idolium, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You can use Idolium if you are under 13, but you are not allowed to see the adult section.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
6.- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Idolium that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Idolium if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- You will not use our copyrights or trademarks (including Idolium, the Idolium and I logos), or any confusingly similar marks, without our written permission.
7.- About Advertisements and Other Commercial Content Served or Enhanced by Idolium
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Idolium exclusively in the official court located in the Ourense province, Spain. The spanish laws will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the Ourense province, Spain for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Idolium, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP IDOLIUM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING IDOLIUM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT IDOLIUM WILL BE SAFE OR SECURE. IDOLIUM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR IDOLIUM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR IDOLIUM WILL NOT EXCEED THE GREATER OF ONE EURO (1€) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, IDOLIUM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.