This agreement is a translated version from the original version in Spanish. In case of conflict, the Spanish version is the valid one.
The owner of Questionity social network is the company Questionity S.L. whose complete information can be found here.
Hereinafter are specified the general terms governing the access and use of the social network Questionity. The reading and acceptance of these terms is mandatory in order to sign up for the service. The registration of the user implies the acceptance of them.
These terms also apply to the mobile version of Questionity.
Questionity reserves the right to modify at any time and unilaterally the present terms, by previously notification via Questionity social network itself in Questionity’s Microsite.
The latest version of these terms can be found in the following address: http://about.questionity.com/terms-of-use?lang=en.
Subject of Questionity Social Network
Questionity is a social network including an advanced microblogging service that allows users to post any kind of multimedia contents in an intuitive and simple manner while helping them to organize, share, review and recommend what interest them most.
Questionity is now run under a Beta version which means it is in a testing phase. Users accessing Questionity must be aware of this.
Questionity platform refers to the web application that offers the services of the social network.
Microsite is the space of a user in Questionity where he/she becomes known, looks at and organizes his/her Q!grams, receives opinions and answers from the users he/she is following, looks at his/her mentions and organizes his/her users groups.
“User” refers to any person who accedes to and surfs Questionity social network although they have not carried out registration in Questionity. Likewise, they will not have a profile on it.
“Registered user” is any person that has started the registration process and hence can sign in to Questionity.
The registration process is completed when such registration is confirmed by an email that the user replies to when signing up in Questionity.
The terms set out in the present conditions apply to registered users.
Unless otherwise indicated, hereinafter the term user refers to registered user.
User registering in Questionity
Registration with the current version of Questionity will be performed by invitation.
The condition of registered user is reserved for those users that having received an invitation to register in the platform proceed to sign up in it, through the existing form for this purpose.
To acquire the condition of registered user in Questionity social network, it is a requirement to accept:
- The code of conduct of Questionity that can be read in http://about.questionity.com/code-of-conduct?lang=en.
Access to Questionity
Only registered users can log in the platform.
Only the login systems provided by Questionity are valid, being absolutely forbidden any other kind of access.
Once signed up in Questionity, the user will need to go to the following URL: www.questionity.com and introduce his/her username and password in order to sign in to it.
Questionity cannot check if a user is who he/she says to be, so Questionity does not guarantee the real identity of the users.
The user is solely responsible for maintaining the confidentiality of his/her password to access Questionity and
Questionity is not responsible for any misuse of the password in that regard, for example, by giving it to third parties or allowing them to use the user session, etc.
The security recommendations guide is available at the following link: http://about.questionity.com/support-help-security?lang=en.
Sharing content in Questionity
Any content is considered as shared in Questionity when it is reproduced, transformed or communicated through Questionity.
Before sharing any content through Questionity social network, the user must be sure that he/she has sufficient rights to share such content and does not infringe any intellectual, industrial or any third party property rights.
Also, users should ensure the right to honor, privacy and self image of individuals or institutions whose content users share through the social network Questionity.
The user is solely responsible for the content he/she uploads, posts or links in Questionity, Questionity being held harmless from any liability in this regard.
The above conditions in regard to content would also apply to links to other websites made via Questionity.
Questionity makes available to users mechanisms to report and inform Questionity of any activity, information or content that users, or any other third party involved or affected, understand to infringe their rights or the present terms.
The reporting mechanism operates through a form that users fill in and send to Questionity. The reporting procedure is available in the following link: http://about.questionity.com/support-help-reports-report?lang=en.
Questionity reserves the right to block or eliminate those users activities or content involving the violation of the present conditions, violation of law or violation of third party rights, without prejudice to legal liabilities that may arise to the user because of illegal content published in Questionity.
The content shared by users through Questionity social network must adhere to the following conditions:
1. It is forbidden to post content contrary to law, morals, good habits, public order or for illicit purposes that may damage the rights and interests of third parties.
2. It is forbidden to post content that may imply a defamatory treatment, derogatory or hurtful to people and organizations.
3. It is forbidden to publish content that attacks third parties because of discrimination reasons, based on their origin, religion, sex, race or any other personal or social circumstances.
4. It is forbidden to post content that alludes to gambling and/or online betting.
5. It is forbidden to post content related to pornography and prostitution.
6. It is forbidden to post content related to the manufacture, cultivation and/or sale and consumption of drugs, narcotics or psychotropic substances, or pharmaceutical products expressly prohibited by current legislation.
7. It is forbidden to carry out any action to check or exploit the vulnerability of Questionity or the web.
8. It is forbidden to carry out actions aimed to access data not intended for users or to access the platform using an account different from that authorized for the user.
9. It is forbidden to carry out actions aimed at preventing or attempting to prevent access to the platform by other users by any method.
10. It is forbidden to utilize any software or to carry out any action aimed at preventing or attempting to prevent the normal use of Questionity.
11. It is forbidden to impersonate third party identities.
12. Any piracy or exploitation of works without the appropriate intellectual property rights is forbidden.
13. Any action contrary to industrial property, including the use of trade names to which the appropriate rights are not owned is prohibited.
14. The use in bad faith of the reporting mechanisms available to users by Questionity is forbidden.
15. It is forbidden to create a false identity and/or to provide false information in the user profile
16. On a general non-exclusive basis, any kind of illegal content agreed as such under Spanish or European law and any other international legislation that may apply in Spain is prohibited.
Utilization of users’ information shared via Questionity
The use of information and/or content shared by users with the aim of sending commercial information or messages, regardless its purpose, to one person or group of people, not requested or consented by them, it is not allowed.
The elaboration of mailing lists or databases with the aim of carrying out commercial campaigns directly or through third parties is likewise not allowed.
Access and use of Questionity social network is indefinite as long as the conditions of use are fulfilled and while the service is in operation.
However, the user can request the cancellation of his/her account at any time, through the settings menu of his/her account.
The data referring to the user that requests cancellation of his/her account in the social network, as well as all the content shared by him/her, will be blocked and kept by Questionity only for the purpose of addressing potential liabilities until their expiration, if any, arising from the management of the social network, as required under current legislation to that effect. Once that period is completed, data and user information will be deleted.
Intellectual property rights on the technology that supports Questionity social network as well as those technical tools, computer systems and content provided by Questionity such as databases, information, images, design, programming code, etc., are either primarily owned by Questionity, or the appropriate permission and licenses for its use have been granted to Questionity.
The software not the property of Questionity is detailed in Questionity's website, where the packages in use are listed.
The reproduction, transformation, public communication, availability to the public or distribution of such content is forbidden, unless expressly authorized in writing by Questionity or when the license of such content allows it.
The use of Questionity does not involve the transfer of exploitation rights or any modality in regard to the rights held by Questionity.
Regarding the content shared by users, without prejudice that they must abide by the conditions specified in the "Sharing content in Questionity", the user keeps all copyright and any other rights owned with regard to the content posted in Questionity.
By posting such content, the user grants Questionity, free of charge, a non exclusive right to use, modify, reproduce, transform, adapt, publish, translate, publicly display, create derivative services, distribute and display such content to a geographic world, through any support, medium and / or mode of operation, online / offline,to reproduce, transform and openly communicate such content with a worldwide scope, and for the period of time foreseen by law, provided that the user keeps active his/her account.
The transfer of the right is intended to allow Questionity. Questionity to store, show and promote their services and to adapt the content to the technical needs of the service. The User also grants Questionity and its sublicensees the right to use the name that accompanies such content, if any, regarding such content.
The right granted to Questionity will expire when the user deletes the content in Questionity or when the account is cancelled. From that moment, Questionity will cease the communication of its content as soon as possible.
Questionity distinctive signs such as "Questionity", "Q!" and other signs used by Questionity are owned by Questionity or Questionity has the appropriate licenses to make use of them.
Use of them without the expressed written permission from Questionity is prohibited.
Privacy and data processing of personal information
Questionity treats the personal data related to users according to the Spanish and European regulations.
Links and advertising
Questionity provides mechanisms for the integration with third-party websites. The integration can be done with the following mechanisms:
- Publish information stored in Questionity on other social networks and any webpage in general. The posted information may contain links to the Questionity platform that will allow both the access to the platform and the interaction with it.
- Link to a Microsite: by using a link to the user’s Microsite, placed in a third-party website.
In the current version of Questionity, some of the content may be advertised.
It is forbidden to publish or advertise promotional materials not authorized or outside the advertising channels of the platform. Advertising of alcoholic drinks is also prohibited.
Users accept to receive advertising and that the information posted by them could be advertised.
These are the available advertising channels:
- Offer type contents posted by users can be advertised on a Fremium basis.
- Advertising of users. Users can advertise their profile information to other users.
Advertising shown in Questionity may be displayed on third party websites which Questionity platform is integrated with.
Without any other previous formality and without prior notice or communication from Questionity, it may take the following actions:
- Block temporarily or permanently the information and content shared by a user considered suspicious or having actual knowledge of the violation of present conditions or current regulations.
Questionity is not responsible for any damages that may arise:
1. In the equipment, system or user’s programs, including modifications, alterations or loss of information that may occur as a consequence of the transmission of information or communication with such systems or any security breach not attributable to Questionity.
2. By the misuse or negligence in the protection of the Questionity user password, including damages made by any unauthorized use by third parties.
3. By any viruses, telephone faults, interruptions, disconnections of the systems not attributable to Questionity.
4. By delays or blockages in the use of the electronic systems caused by deficiencies or overloads of telephone lines or overloads in the Questionity data center or telecommunications networks, as well as any damage caused by third parties through any illegal intrusion out of the control of Questionity.
5. By force majeure.
6. Questionity is not responsible for any opinion expressed in webpages or forums outside Questionity which, referring to our services and other companies, could discredit or disparage, directly or indirectly, those other companies.
7. Questionity is not responsible for content uploaded by users to the platform that infringes the prohibitions set forth in the present conditions.
9. Questionity is not responsible for links to other web pages through images, image sequences, links or any other buttons which are managed by third-parties.
10. Questionity has no control over the content provided by other web sites linked from Questionity, or further links to other web pages provided by such sites.
11. Questionity is not responsible for the content of websites that could link to Questionity.
Jurisdiction and applicable law
For any dispute arising thereof, the parties submit to the Courts and Tribunals of Madrid.