Terms and conditions

Last update: April, 2024.

The access, navigation and use of the website https://bluecreatorsagency.com (hereinafter, the "Website"), implies the express and unreserved acceptance of these Terms and Conditions of Use (hereinafter, "Terms of Use"). Their observance and enforcement shall be enforceable against any person accessing and using the Website in any way. If you do not agree to the above terms, do not access, browse or use the Website.

1.- Identification of the holder

Registered office: Calle Jacometrezo, 16, 6th floor, CP 28013, Madrid.
Tax ID: B13681556
Public Registry: Madrid.
Telephone and Fax: +34 912 91 99 39
E-mail: [email protected]

2.- Purpose

These Terms of Use set out the terms and conditions of access, navigation, and use of the Website for any subject accessing, browsing or using the same (hereinafter "User"), having the same validity and effectiveness as any written contract signed between the Holder and the User. In this regard, the definition of User shall be deemed to include any Advertisers or Publishers who, using the Website, make available any content on the Website to other Users.

3.- Rules of use of the Website

It is not permitted and, therefore, its consequences will be the sole responsibility of the User, access or use of the Website for illegal or unauthorized purposes, with or without profit and for any purpose other than the usual presentation that the Holder offers through the Website. In particular, and without the following list being limiting in nature, it is forbidden to:

4.- Access and Registration

Access to the contents of the Website is completely free, notwithstanding the fact that there may be particular sections or services that require for their use and enjoyment the payment of some economic amount, of which in any case the User will be duly informed, and that the User must expressly accept in order to enjoy them.

5.- Intellectual and Industrial Property Rights

The Holder is the sole owner or, if applicable, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all the contents offered therein, including the Website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.

In no case shall it be understood that access, navigation, and use of the Website by the User implies a waiver, transfer, license or total or partial transfer of such rights by the Holder. The User has a right to use the contents and / or services of the Website within a strictly domestic and solely for the purpose of enjoying the powers recognized in the framework of these Terms of Use.

References to registered trademarks or trade names, or other distinctive signs, whether owned by the Holder or third-party companies, imply a prohibition on their use without the consent of the Holder or their legitimate owners. At no time, unless expressly stated otherwise by the Holder, access, navigation, or use of the Website and / or its contents gives the User any right to distinctive signs included therein.

All intellectual and industrial property rights on the contents and/or elements of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, all or part of the contents included in the Website, for public or commercial purposes, without the prior, express and written authorization of the Holder.

The User or any third party shall be prohibited from performing the following actions: (i) reproduce, modify, prepare derivative works, distribute, license or exploit in any way the Website or the content made available on the Website, when not expressly permitted by the Holder; (ii) decompile, decrypt, disassemble or reverse engineer any of the computer programs that integrate or in any way form part of the Website; (iii) link, mirror or frame any part of the content of the Website; (iv) deploy or launch any type of program to perform any action related to data mining or actions intended to impair the operability and functionality of the Website; or (v) remove, modify or any analogous action intended to alter the Holder's copyright on its trademark, its Website or on any of its intellectual and industrial property rights.

Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents the User finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated to the contents offered on the Website.

In the event that the User sends information of any kind to the Holder through any of the channels provided for this purpose, the User represents, warrants and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User acknowledges that he/she assumes responsibility, leaving the Holder harmless for any communication he/she provides personally or on his/her behalf, reaching such responsibility without any restriction as to the accuracy, legality, originality, legitimacy and ownership of the same.

If the User or any third party becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify the Holder through the e-mail address [email protected] so that the latter can proceed to the adoption of the appropriate measures. This communication must contain, unless justified impossibility of containing such data or information:

6.- Links to other websites

In the event that the Website shows links to other web pages through different buttons, links, banners or embedded content, the Holder informs that these are directly managed by third parties, lacking the Holder of human and technical means to know in advance and / or control and / or approve all information, content, products or services provided by other websites to which links can be established from the Website.

Consequently, the Holder may not assume any responsibility for any aspect or content of the Website or web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if the User has actual knowledge that the activities carried out through these third-party web pages are illegal or contravene morality and/or public order, he/she must immediately inform the Holder in order to proceed to disable the access link to them, an action that will be carried out seeking the best solution for the interests involved.

In any case, the establishment of any type of link from the Website to another external web page does not imply that there is any type of relationship, collaboration, or dependence between the Holder and the responsible of such external web page.

The sites made available through these links must in any case guarantee that they:

The site owner shall be fully responsible for all campaigns and shall ensure that all content and advertising material used in each campaign is in accordance with the classification established by each country and operator. Ignorance of the appropriate adult content classification policy is not an excuse to be exempt from its compliance. This Holder will be fully responsible for the payment of all sanctions, settlements, fines, penalties that may be imposed for non-compliance with applicable laws and regulations related to any marketing campaign, or the generation of mobile web traffic under the scope of these terms and conditions.

7.- Liabilities and warranties

The elements and contents of the Website are provided "as is" and "according to availability and technical requirements", without warranty of any kind, whether express or implied, legal, or otherwise, as to their correctness, legality, or relevance. In no event shall the Holder be assumed to have any obligation of performance or validation or corroboration of the information on the Website, by any means or person.

Consequently, the Holder does not guarantee and is not responsible for:

  1. the continuity of the contents of the Website;
  2. the absence of errors in such contents;
  3. the absence of viruses and/or other harmful components in the Website or in the server that supplies it;
  4. the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein;
  5. the lack of usefulness or performance of the contents of the Website; and
  6. the damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that the Holder establishes on the Website or through the violation of the security systems of the Website.

However, the Holder declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimize system errors, both from a technical point of view and in terms of the content published on the Website.

The Holder does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could infringe the rights of third parties, he/she must immediately notify the Holder through the email address [email protected] so that it can proceed to the adoption of appropriate measures.

The Holder shall not be responsible for the accuracy, completeness or updating of the information published on the Website from sources outside the same, nor for those contained in other Websites that are linked from the Website. The Holder shall not be liable for hypothetical damages that may arise from the use of such information.

All content, links to web pages, products and services made available through the Website are legally distributed, are the property of the Holder or third parties and they have the legal right to use them, and such third parties undertake that such content or links and/or web pages will not infringe any intellectual property rights, trademarks, patents, or other proprietary rights.

The web pages made available on the Website do not contain and will not contain during the term of these Terms of Use, any of the material described in section 6 of these Terms of Use. In consideration of the foregoing, the holders of such content and/or web pages shall at all times guarantee that:

8.- Indemnity

The User agrees to indemnify, defend and hold harmless the Holder and its directors, shareholders, successors, affiliates, employees, agents and representatives from and against any and all costs, claims, demands, liabilities, expenses, losses, damages and attorneys' fees arising from claims and demands or proceedings for defamation, fraud, libel, slander, copyright and trademark infringement, as well as all other claims arising from (i) participation in the Website (ii) the operation of third party website(s) made available through links on the Website; or (iii) any other reason arising from its relationship with the Holder. The User also agrees to indemnify the Holder for any legal fees incurred by the Holder acting reasonably in investigating or enforcing its rights under these Terms of Use.

Notwithstanding anything to the contrary herein, in no event shall the Holder be liable to the User or any third party for any special, incidental, indirect or consequential damages, damages for loss of use, data or profits, or the cost of procurement of substitute goods or services, arising out of or in connection with these Terms of Use or any agreement between the parties.

9.- Suspension of the Website

The Holder reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, use, hosting and/or downloading of content and/or use of services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the User to claim any compensation for this cause.

10.- Confidentiality

The Website Holder is the sole owner of confidential information and trade secrets relating to its products and activities.

The obligation of confidentiality extends to all confidential information and processes, documents, business, clients, operations, operations, facilities, accounts, finances, transactions, "know how", or any other aspect related to the activity of the Holder, with the collaboration, and any other that has come to their knowledge on the occasion of the access, navigation or use of the Website or with the formalization of these Terms of Use (hereinafter, "Confidential Information"). Likewise, they undertake not to communicate this Confidential Information to any other person or entity, and may not reproduce, use, sell, license, exhibit, publish or disclose it in any way without the express authorization of the Holder.

The User acknowledges and agrees that such Confidential Information shall at all times remain the property of the Holder and that, to the extent that the User is granted access to use the Confidential Information limited to the framework of the fulfillment and execution of these Terms of Use, and for the purposes therein provided.

Without the prior written authorization of the Holder and unless authorized to do so by any express term of these Terms of Use, the User may not transmit or disclose Confidential Information to any third party.

11.- Data protection

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and any other data protection regulations in force, all personal data provided during the use of the Website and use and benefit of the Provision will be processed in accordance with the provisions below.

The personal data provided on the Website or provided through the use of the Website both by YOU and by the Publisher or the Advertiser or by the End Users will be processed by the Holder following at all times and scrupulously the instructions that YOU, the Publisher or the Advertiser indicate to the Holder. In this sense, the Website Holder shall act as a sub-processor of the Publisher or Advertiser, which shall imply that the personal data of the Website shall not be processed by the Holder for any purpose of its own.

Through the Website, the Holder shall provide the Services described in these Terms and Conditions, which may involve the processing of End Users' personal data in which the Holder shall act as a sub-processor, with the Advertiser or Publisher entity being responsible. This relationship will be regulated by means of the document attached to these Terms and Conditions and which includes the corresponding data access agreement, in compliance with the provisions of Article 28 of the GDPR.

Notwithstanding the foregoing, each Party is informed that the personal data of its legal representatives or employees included in these Terms and Conditions, or any other data exchanged between the Parties to enable the provision of the Services, will be processed by the other Party for the purpose of enabling the development, performance, and control of the contractual relationship.

The basis of legitimacy of the treatment is the execution of the contractual relationship (because, without this treatment, it would not be possible to carry it out). The data will be kept by the Parties for the duration of this agreement. Once this purpose has been achieved, the data will be blocked for the legal limitation periods. Once these periods have elapsed, the data will be destroyed.

The personal data may be communicated by the Parties to the competent Public Administrations and Bodies, for the purpose of complying with their respective legal obligations, in accordance with the regulations in force, as well as, when necessary, to third parties involved in the management of the activities carried out.

The representatives, contact persons and/or employees of the Parties may exercise their rights of access, rectification, deletion, opposition, limitation of processing and portability, by writing to the addresses in the heading.

Likewise, if the representatives, contact persons and/or employees of the Parties consider that their personal data have not been processed in accordance with the data protection regulations, they may file a complaint with the Spanish Data Protection Agency at its website www.aepd.es or at the address C/ Jorge Juan 6, 28001, Madrid.

12.- Miscellaneous

The headings of the various clauses are for information purposes only, and shall not affect, qualify, or expand the interpretation of these Terms of Use. Likewise, the Holder may modify the terms and conditions in these Terms of Use, in whole or in part, by publishing any changes in the same form in which these Terms of Use are provided or through any type of communication addressed to the User.

The temporary validity of these Terms of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified terms and conditions of use will become effective.

The Holder is authorized to assign, sublicense, delegate or otherwise transfer any of its rights or obligations under these Terms of Use without the prior written consent of the User.

In the event that any provision of the Terms of Use is declared invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions of the Terms of Use.

The failure of the Holder to exercise or enforce any right or provision contained in the Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Holder.

13.- Applicable law and competent jurisdiction

Provided that the current regulations foresee the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Website, the Spanish legislation in force at the time of the dispute shall apply, and the User and the Holder shall submit to the Courts and Tribunals of the City of Madrid.

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