Nutzungsbedingungen

Preamble

(Terms of use last revised on: 14/05/2018)

Myhuntbook S.L. (hereinafter referred to as "MHB") is an online social network which brings people with a common interest, hunting, into contact.

MHB Users are able to access the social network on the Internet, on their telephones, or with mobile apps. Some features are free of charge, while others are available to the Users for a fee.

MHB is a Social Network provided by Myhuntbook S.L., for hunters all over the world. Its purpose is to provide them with a digital meeting place where they can share their adventures. MHB users are able to share photos and videos, and their friends can comment and share their own experiences. Users choose between a public or private profile where they can upload any type of content into a hunt book, completing a technical data sheet about their hunts with data such as the animal species hunted, type of activity, weapon, calibre, location, upload a photo to attach to the sheet, etc. Users may also create and join groups on the social network and comment on and discuss different topics, which may or may not be on the subject of hunting. Users may create events and publish them on the social network so that other people may participate. Users may also use the messaging service of the social network to communicate with other Users.

We recommend that you take some time to read these terms of use carefully before you take part in MHB as a User, to ensure that you make responsible use of the site and uphold the quality of the Social Network. By registering, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not register on the Social Network. By registering and using the Social Network, you fully accept the Terms of Use. You declare that you are of legal age and that you have read and accept the Terms of Use of MHB. You acknowledge that you are fully aware of and accept the provisions of these Terms of Use. Occasionally, special conditions relating to payments must be validated expressly by the User when entering into an agreement.

These Terms of Use are the property of Myhuntbook S.L. They are regularly reviewed by the Legal Affairs Department. Therefore, and given that the following list is provided for information purposes only and is not exhaustive, all dissemination, exploitation, representation, reproduction or use of any part, on any medium, of these terms of use, for any purpose other than personal and not professional use, requires prior authorisation from Myhuntbook S.L. otherwise, Myhuntbook S.L., may take the civil or criminal actions available against offenders.

Definitions

In these Terms of Use, the words or phrases that begin with capital letters will have the following meanings:

MHB is a Social Network for hunting enthusiasts.

Myhuntbook S.L., is the company responsible for MHB.

Social Network means all Users of MHB, and its features.

User(s) means a user or a set of users of the Social Network and includes those who access the social network but who are not users.

Paid service(s) means the set of Paid Services to which Users have access.

E-commerce is the system made available to Users for purchasing products and services through MHB.

Advertising, means all media other than Users through which they receive marketing information.

Access and registration

2.1 Access procedure and terms and entry into force of the agreement

2.1.1. General terms of access

Users are responsible for the cost of all equipment (computer, software, means of communication, etc.) used to access the services and for all communication costs incurred as a result of this use.

2.1.2. Terms of access and free registration

Registration is free of charge. You must be at least eighteen (18) years of age to register and you must have read and agreed to the Terms of Use, the Cookies policy and Privacy and data protection. You must also have completed all the mandatory fields in the registration form, which are the following personal information fields:

- Name

- User

- Password

- Confirm password

- Email address

- Confirm email address

- Private or public profile

- Language

Users are invited to add optional information to their profiles about their gender, date of birth, place of residence, weapons and hunting preferences, and any other personal information they wish to share with other Users, with the exception of personal information (email address, postal address, telephone number, etc.) whose dissemination is strictly prohibited by MHB. You may edit this information at any time in the “Profile” section. The only information which is always visible is the Name/Username. The privacy settings for all the other information can be set in the “Profile” section and can be classified as public or not by the User.

You vouch that the information you supply is accurate and truthful. You undertake to inform Myhuntbook S.L. immediately of changes to the information that you provide when registering changes and to make the necessary changes to your Profile. Once you have complied with the mandatory registration requirements, you will receive an email (to the address you supplied) and a password, (also provided during the registration process). This information is strictly personal and confidential, and you undertake not to reveal it to anybody or to share it with third parties.

In the absence of error by Myhuntbook S.L. or technical failure of an element of the Social Network, you shall be entirely responsible for your use of identifying features, actions or statements made via your personal User account, whether fraudulent or not. You hold Myhuntbook S.L. harmless of all liability for claims in this regard. Likewise, MyHuntbook S.L. is under no liability to substantiate the identity of persons who register with the Social Network if it lacks the technical means to do so. If you have reason to believe that a person is using your identifying features or your account, you must notify Myhuntbook S.L. immediately.

Use of Services

Once registered, and provided that you have acquired any of the services offered, the Users may access MHB.

3.1. Obligations of Myhuntbook S.L.

The purpose of MyHuntbook S.L. is not to encourage physical or mental cruelty to animals. MHB does not offer its users the opportunity to encourage the suffering of any animals, nor does it provide public Internet access or electronic communication services. Therefore, Myhuntbook S.L. is under no legal obligation to verify the identity of users when they connect, nor to control the content, information or statements that they publish. Given that MyHuntbook S.L. is unable to guarantee these services from a technical standpoint, it is under no contractual obligation to verify the identity of users nor the accuracy of the contents that they provide at their own risk and responsibility, nor to moderate this content, with the exception of photographs and text appearing in their presentations.

Myhuntbook S.L. reminds you of the importance of taking precautions before creating groups or events. MyHuntbook S.L. accepts no liability for Users’ groups and events. However, when attending a meeting as a result of an event, we recommend that you tell a friend or relative about the meeting you will be attending. Likewise, MyHuntbook S.L. accepts no liability for the actions of Users or visitors during said events.

3.2. User’s obligations

Before using MHB all users must accept certain responsibilities.

When using MHB, you undertake to comply with the law in force and to uphold the rights of third parties and the terms and provisions of these Terms of Use.

3.2.1. General obligations

Generally, as a user, you are bound to:

- Act in good faith regarding the Social Network.

- Respect the intellectual property rights of the contents published on the Social Network.

- Monitor the contents, information or declarations published by other Users, and notify the Social Network of any content, information or declaration which you consider harmful.

- Accept that users are responsible for your own privacy settings and are entirely responsible for notifying the Social Network of personal information whose disclosure you consider harmful.

3.2.2. Conditions precedent

As a user, you are bound by the following conditions precedent:

- You may not use MHB for professional, commercial, lucrative (advertising, sounding out customers, etc.) or non-private purposes.

- You may not send, publish or disseminate false information or contents.

- You may not make statements that infringe third party rights or which are of a defamatory, injurious, offensive, violent nature or which incite public or racial violence, xenophobia or, in general, statements or contents that are contrary to the purposes of MHB, the laws and regulations in force, individual rights and good customs. Specifically, photographs and any other information, data or files provided by Users to the Social Network must be appropriate and must show the user only. If they show a third party, it must be with this party's express permission and under the responsibility of the User in question.

- You may not send, publish or disseminate information or contents whose purpose is to damage, disorganise or impede the normal use of MHB, or interrupt or slow the normal flow of communication among Users, such as software programmes, viruses, bulk email, etc. Myhuntbook S.L. reserves the right to delete bulk email to ensure the normal operation of MHB.

- You may not send, publish or disseminate, by any means information or contents with links to sites which are illegal or contrary to good morals or against the purposes of MHB.

- Your username or password must only be used to log into MHB. You may not, among other actions, communicate, disseminate, share or disclose your user name and password to third parties.

- You may only use MHB for the purposes described in these Terms of Use.

Failure to comply with these conditions precedent will be considered a serious breach of your obligations as a user. Notwithstanding other measures, should a User breach one of more of these conditions precedent, MyHuntbook S.L. reserves the right to permanently cancel the User’s account. Myhuntbook S.L. also reserves the right to be compensated for all third-party claims resulting from a breach of the above obligations by any of its users.

Privacy and user data protection

Responsible Party

MHB applies this privacy policy applies to all its Users’ personal information. For the purposes of the legislation on the protection of personal data in the European Economic Area (“EEA”), the data responsible is Myhuntbook S.L., with Spanish tax code (CIF) B87714564, and registered office in calle Velázquez 69, 28006 in Madrid. The contact person is Adriana Pérez Ullívarri, whose email address is apu@mhb.social.

Purpose

MyHuntbook S.L. requires you to provide personal information when you register with MHB and on your hunt records. You must provide some of this information to gain access and use the Social Network. Mandatory fields are marked with an asterisk or in some other manner.

Authentication

Myhuntbook S.L. hereby informs you that only collects, treats or uses personal data of the Users if it is necessary for the use and improvement of the Social Network, if the Users have given their consent for this purpose and have not opposed it, or if it is necessary or if it is allowed by law or other regulations.

Likewise, while you are registering with our Social Network, MyHuntbook S.L. will expressly ask for your consent to offer you products and services related to the social network and to maintain the client relationship, or merely to send you our newsletter.

Addressees

The information collected about the Users by Myhuntbook S.L. is used to operate the Social Network. Every precaution has been taken by Myhuntbook S.L. to store the information in its databases in a secure environment. A small number of Myhuntbook S.L. employees is able to access Users’ information, and only when necessary and for use of the Social Network.

User Rights

To exercise your rights, you may write to MyHuntbook S.L.’s registered address or send an email to the party responsible for processing: apu@mhb.social. You must attach a photocopy of your identity document or similar to your request to exercise your rights, which are specified below:

- Right to request access to your personal data.

- Right to request that your personal data be corrected (if incorrect) or deleted.

- Right to request restrictions on processing or to refuse permission to process your data, in which case you must state which of these actions you wish to take, otherwise this may mean that you will be unable to use MHB.

- Right to withdraw your consent at any time, and if it was given for some specific purpose, without affecting the legal use made of your data based on your consent before this was withdrawn.

You will find forms and other useful information about the rights mentioned above on the official page of the Spanish Data Protection Agency (Agencia Española de Protección de Datos).

For more detailed information about our data privacy and protection policy, please see this link.

Intellectual property

All trademarks, logos, graphics, photographs, animations, videos and texts appearing in the Social Network are the property of Myhuntbook S.L. and may not be reproduced, used or represented without its express permission.

5.1. Content disseminated by Myhuntbook S.L.

The rights of use granted to users by Myhuntbook S.L. are limited to private and personal use during your membership of the Social Network. Any other use made by the user is prohibited without prior authorisation from Myhuntbook S.L.

Users must not modify, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute any content from the Social Network, (pages, photographs, commercial texts, computer codes…) in any way.

5.2. Contents disseminated by users

Users grant Myhuntbook S.L. a user’s license over the intellectual property rights of the contents provided by the user when using the Social Network. This license includes, specifically, the Myhuntbook S.L.'s right to reproduce, represent, adapt, translate, scan, use or assign Users’ contents (information, images, description, etc.) on all or part of the Social Network and, generally, all means of electronic communication (e-mail, SMS, MMS, WAP, Internet) used in connection with the Social Network.

You expressly authorise MyHuntbook S.L.to modify the aforementioned contents in order to respect the graphic identity of the Social Network and/or to make them compatible with their technical features or with media formats involved. These are worldwide rights and, while they are in force, the Conditions of Use agreed to by the user and Myhuntbook S.L. prohibits the user from copying, reproducing or otherwise using content that makes reference to other users outside of strict needs for the use on the Social Network for personal and private purposes.

Liability and guarantee

6.1. Operation of the Social Network

To use the Social Network, you must have a computer and the necessary software programs and the settings for its proper operation. The social network works with Chrome, Firefox, Internet Explorer, and Safari.

You must have the knowledge, materials and software needed to use the Internet or, if applicable, Internet services, and you acknowledge that the characteristics and the limitations of the Internet do not make it possible to ensure the security, availability or integrity of data transmissions over the Internet.

Myhuntbook S.L. does not guarantee that you will be able to use the Social Network with a pop-up blocker, in which case you may need to disable this feature before using the Services.

Myhuntbook S.L. does not guarantee that the Social Network can be used if your Internet access provider is unable to provide its services correctly. Likewise, the use of smartphones applications purchased by users directly through the application vendor presupposes that the user has a smartphone and a working internet connection.

Myhuntbook S.L. accepts no liability for malfunction, inability to access or a poor user experience caused to an inadequate equipment, internal errors of the User’s internet access provider, network overload or to any other aspect outside the control of Myhuntbook S.L., which will be considered as a situation of force majeure under Spanish law.

The functioning of the Social Network may be interrupted momentarily to perform maintenance, update it or to make technical improvements, or to modify the content and/or layout. As far as possible, users will be given advance warning of maintenance and upgrades.

6.2. Information and contents provided by the Users

6.2.1. Information provided by users must be accurate and real. Users are entirely liable for the consequences of disclosing their own or other users’ personal information. Users publish data, texts, contents and images of themselves at their own initiative. Therefore, you waive your right to bring claims against Myhuntbook S.L. on grounds of infringement of your image rights, honour, reputation or the intimacy of your private life, caused by the dissemination or disclosure of information about your person under the conditions laid down in the present conditions of use, and in particular in the section "Privacy and protection of User Data", if the user has previously, voluntarily and explicitly authorised such disclosure by registering with the site under these terms of use.

6.2.2. Myhuntbook S.L. accepts no liability for the accuracy or inaccuracy of information and contents provided by other users, by visitors or by you, nor for the consequences that may ensue. Likewise, Myhuntbook S.L. shall not be held responsible for any content published by users that contravenes the rights of one or more users or third parties when Myhuntbook S.L. can show that it was not informed by a user or other third party and that it had no prior knowledge of the existence of such content and that is has not breached its contractual obligations.

Myhuntbook S.L.’s liability in the sense addressed in this section may only be disputed if there is irrefutable proof that there has been fault on its part and that the breach has caused a real, direct harm to the user. Myhuntbook S.L. will accept no liability for direct or indirect harm suffered by the users if they are the originators or if such damages are derived from a situation of force majeure.

6.2.3. Myhuntbook S.L. requires you uphold certain ethical standards in terms of your expression and behaviour, and that you respect the rights of third parties and comply with the laws and regulations. As part of this quality requirement and individual responsibility and ethical requirement, Myhuntbook S.L. expects all Users to report all information (photos, text, videos), behaviour or statements of other users which, in their opinion, infringes the applicable laws and regulations, is contrary to the image or the purpose of the Social Network, the rights of third parties and/or against moral rights.

Users therefore recognise and agree that the information that they provide, and their behaviour and statements in the framework of the Social Network, may be reported by other Users and be subject to moderation or control by Myhuntbook S.L., in accordance with objective criteria. If the complaint or control procedure reveals an infringement of the laws and regulations binding upon Users or breach of the contractual obligations, the provisions of these Terms of Use may be applied. Based on the User’s behaviour or statements, the supervisory team may take the decision to block any new registrations.

6.2.4. If an investigation finds that Myhuntbook S.L. is liable due to a User’s breach of the law or these Terms of Use, the latter undertakes to indemnify Myhuntbook S.L. for any claims in connection with such a breach.

6.3. Links

Myhuntbook S.L. accepts no liability for links pointing to sources or third party sites it may include and over which it does not exercise any control (third-party websites or mobile apps, social networks, etc.).

All problems caused by links must be reported to the administrator or to the webmaster of the website to which the link points. You are also reminded that your use of these external sources and links is governed by their own terms of use.

If the result of a search performed in a link or external source leads the User to sites, pages or forums whose ownership and/or content constitute a violation of the law, you are asked to leave the site to protect your liability and to exonerate Myhuntbook S.L.

Cancellation

You may cancel your registration by asking Myhuntbook S.L. to close your account using the contact section provided for the purpose or by using the means described in this section, without needing to give a reason. This request will be taken as submitted on the business day following receipt of the request to close the account in question by Myhuntbook S.L.

Notwithstanding the other provisions of these terms of use, in the event of a serious breach by a user, Myhuntbook S.L. may cancel the user’s account immediately and without notice. Such cancellation has the same effect as cancellation by the user. Likewise, Myhuntbook S.L. may cancel and ban any user who does not strictly comply with any of the conditions precedent of these conditions of use.

Notwithstanding the other provisions of these Terms of Use, if you breach these terms and do not rectify the situation after you have been sent an email requiring you to comply with the Terms of Use, Myhuntbook S.L. will cancel your account 7 (seven) days after sending the email.

This account will be cancelled as of right, notwithstanding damages which may be claimed from the User by Myhuntbook S.L., its successors or legal representatives, in compensation for damages incurred by Myhuntbook S.L.

You will be notified of the cancellation or confirmation of the cancellation of your account by email. Your information will be destroyed at your request or on expiry of the legal term after cancellation of the account.

Agreement between the User and Myhuntbook S.L.

These Terms of Use constitute a contract which governs the relations between you, the User, and Myhuntbook S.L. which overrides and replaces any other earlier provisions which have not been expressly referenced or annexed and constitute all the rights and obligations of Myhuntbook S.L. and the User in relation with its purpose.

If one or more provisions of these terms of use are declared null and void by application of a law or regulation, or as a result of a final judgement of a competent court, the other provisions will remain in force to the extent permitted. Additionally, the fact that one of the parties does not bring legal action in relation to breach of any provision of these Terms of Use committed by the other party does not constitute a waiver of the right to bring a future legal action in connection with such a breach.

Modifications to the Service or to the Terms of the Contract

Myhuntbook S.L. may modify the conditions of use at any time. Users will be informed of the nature of these changes as soon as they are applied. Changes will take effect on the day after they are made. In the case of users who register subsequent to the publication online of the modifications, these will become applicable immediately, since they will have been expressly accepted when they became Users.

Applicable law and competent courts

These Terms of Use shall be governed, interpreted and applied in accordance with Spanish law and the Member State which is the User’s main place of residence, and the result of harmonised European regulations that govern distance selling services. The language in which the agreement will be interpreted will be Spanish.

In the event of a dispute over the meaning of any the terms and conditions of these Terms of Use, please contact Myhuntbook S.L. by sending a letter to C/ Poniente 9, Urbanization Monte Alina, 28223 Madrid, Spain, or complete the contact form, specifying your personal identification data.

Myhuntbook S.L.

Myhuntbook S.L. is a Spanish limited company, with equity capital of 3.000 euros, registered in the Companies’ Registry of Madrid, represented by Luis Miguel Pérez-Ullivarri (email: info@mhb.social).