Terms and conditions of the platform

Introduction

Welcome to MediaBank website. Use of https://app.mediabank.tv (hereinafter WEBSITE) is governed by the Terms and Conditions (hereinafter TERMS OF USE) set forth.
By using or accessing this WEBSITE you declare to have read and understood the current TERMS OF USE and agree to be bound by them.

User

Access to this WEBSITE confers USER status upon visitors to the WEBSITE and implies full acceptance without reservation of the TERMS OF USE applicable at any moment on the part of the USER. Those TERMS OF USE will be applicable regardless of the General Contractual Conditions that, if appropriate, are obligatory to fulfil.

Governing law & jurisdiction

These TERMS OF USE are governed by Spanish and European Union Law. USERS agree that any legal dispute resulting from the use of or access to this WEBSITE or from the interpretation of these TERMS OF USE will be submitted to the exclusive jurisdiction of the competent courts in Terrassa.

Identifying Data

In compliance with the reporting obligations contained in Article 10 of the Law 34/2002 of July 11, on Services of Information Society and Electronic Commerce, we inform you:

  • MB MULTIMEDIA PLATFORM S.L (hereinafter “MEDIABANK”) is a company acting as intermediary in trade transactions of rights of audiovisual content carried out through the WEBSITE.
  • MEDIABANK is registered in the mercantile registry of Barcelona, Volume 36449, sheet 18, page 289627, entry 6.
  • MEDIABANK with VAT Number ESB-63461362, is a company with registered address in Parc Audiovisual de Catalunya, Ctra. BV-1274 km.1, 082225 Terrassa (Barcelona), phone number (+34) 93 734 99 70, and email legal@mediabank.tv, and is currently the company responsible for the operation, maintenance and management of the WEBSITE.

Sending of commercial communications

According to Article 21 of the 34/2002 Law of the 11th July on Information Society Services and Electronic Commerce, we inform you that in case you provide your email address through the WEB SITE, MEDIABANK may be sending you commercial communications related to services offered by MEDIABANK unless indicated otherwise.

Use of the WEBSITE by minors

The use of this WEBSITE by minors is prohibited. Hence any USER under 18 years of age shall not attempt to access and/or use the WEBSITE.

Use of the WEBSITE

The WEBSITE provides access on the internet to multiple informations, services, programs or data (hereinafter “CONTENT”) which belong to MEDIABANK or to third parties. The USER assumes full responsibility arising from use of this WEBSITE.
Said responsibility includes any registration that may be necessary to access certain services or content.

The USER shall be responsible for providing truthful and lawful information in the aforementioned registration. Following this registration, USER may be provided a password for which he will be solely responsible, undertaking to use it diligently and confidentially.

MEDIABANK does not assume any liability for the activities, such as: contracting of services or uploading of content to the WEBSITE, that may occur if any USER does not maintain the confidentiality of his/her password or transfer the use of password to any third party.

The USER undertakes to use the content and services offered by MEDIABANK in a suitable, proper and legal manner. In particular, and including but not limited to, the USER agrees not to use them to:

  • Engage in illicit or illegal activities or those contrary to good faith and public order.
  • Disseminate content or propaganda of a racist, xenophobic, pornographic or illegal nature; defend terrorism or undermine human rights.
  • Damage the physical or computer systems of MEDIABANK, its suppliers or third parties; introduce or propagate in the web computer viruses or any other physical or computer systems that are likely to bring about the above-mentioned damage.
  • Attempt to gain access to and subsequently use the accounts of other USERS and modify or manipulate their messages and/or content provided.

MEDIABANK reserves the right to withdraw all comments and contributions that fail to respect the dignity of the individual, which are discriminatory, xenophobic, racist, pornographic, which go against the interests of children and young people, public order and safety or which, in MEDIABANK’s judgment, are not suitable for publication.
In all cases, MEDIABANK will not be held responsible for opinions expressed by USERS on forums, chats or other participatory spaces which may arise.

Intellectual and industrial property

MEDIABANK whether acting on its own behalf or as assignee, owns all the rights of intellectual and industrial property of its WEBSITE, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, text, software, logos, icons, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), property of MEDIABANK or its licensors, with the exception of those provided by third parties not related to MEDIABANK.

All rights reserved. In conformity with the Articles 8 & 32.1, 2nd paragraph of the Spanish Law of Intellectual Property, the reproduction, distribution and public communication, including any means of making available all or part of the content of this WEBSITE for commercial purposes, in any form, or by any technical means, is strictly prohibited without the express prior authorisation of MEDIABANK.

The USER agrees to respect the Intellectual and Industrial Property rights of MEDIABANK and those of third parties. The USER must not remove, alter or manipulate any protection device or security system installed in MEDIABANK’S sites or applications.

Third parties’ links and content

According to the Article 17 of the 34/2002 Law, of the 11th July, on Information Society Services and Electronic Commerce, and to article 4.7 of the 56/2007 Law, of the 28th December, on Measures to promote Information Society , MEDIABANK is not responsible for content and links provided by persons not directly related to MEDIABANK that may appear on the WEBSITE.

MEDIABANK will remove and/or delete, as expeditiously as possible, any content and/or link that may fail to comply with the applicable law, provided MEDIABANK is aware that those links or content are illicit or injure goods or rights of a third party.

Furthermore, MEDIABANK informs that the publication on the WEBSITE of, including but not limited to: hyperlinks, urls, messages, or any other multimedia content provided or published by persons not directly related to MEDIABANK, under no circumstances implies MEDIABANK’s association, merger or involvement with the persons and/or entities responsible for such content.

Generalities

MEDIABANK shall pursue lack of compliance with the TERMS OF USE, as well as any undue use of its WEBSITE, by means of all manner of civil and penal actions that may be applicable under the Law.

Right to Exclude

MEDIABANK reserves the right to refuse or withdraw the access to the WEBSITE to those USERS that do not comply with these “TERMS OF USE”, with the General Contractual Conditions or with any other applicable policy or Code of Conduct. This right can be exercised without prior notice AND at its own initiative or at the request of a third party.

WEBSITE changes

MEDIABANK may make changes to its WEBSITE at any time and without prior notice. Thus, MEDIABANK may change, remove or add both the content and the services provided and the way they are presented or located in the site.

Changes to the TERMS OF USE

MEDIABANK may change the TERMS OF USE at any time and without notice being duly published on the WEBSITE.

Exclusion of warranties and liabilities

MEDIABANK accepts no liability for damage of any kind which may arise from, including but not limited to: errors and omissions in content, lack of site availability or the transmission of viruses or programs that are malicious or harmful in their content, in spite of having adopted all necessary technological measures to avoid it.

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© 2017 MediaBank Multimedia Platform, S.L.