Terms and Conditions

Before using any service or content provided by Socialphy, you shall fully and carefully read this document.

These General Terms and Conditions are rules and standards set forth by Socialphy, applicable to all currently existing services or those that may eventually be included in the future on the website http://www.socialphy.com (the site). While said services are cost-free, they shall not be freely used in the sense that they are subject to a set of rules governing use thereof. The use of the services included in the Site by any individual shall only be lawful and authorized as long as said use complies with the terms and conditions hereunder, subject to the limitations and scope herein stated, as well as to any complementary or related and/or different national and international legal rules that may be applicable.

Socialphy may change/amend at any time and without any previous notice these General Terms and Conditions. Said changes/amendments shall be effective as soon as they are published on the the website socialphy.com. Users shall keep themselves duly posted on the terms herein contained by periodically entering the Socialphy legal section.

1. Users' Acceptance

Socialphy reserves a right to require that each user accepts and complies with the terms herein stated as a previous and necessary condition to access and use the services and/or contents provided by the Site.

When any user accesses the site and uses any existing service and/or content, it shall be presumed that he/she is aware of these terms and conditions and that he/she has fully accepted all and any provision hereunder.

Any user who does not accept, disagrees or does not comply with the provisions established by Socialphy in these General Terms and Conditions shall not be authorized to use the services and contents currently existing or that may exist in the site, and shall have to leave immediately the site and abstain from entering again.

2. Users' Legal Capacity

Socialphy services and/or contents shall only be accessed and used by those who, by virtue of the laws in force at their place of residence, may lawfully express their consent to enter into contracts. Those who, by virtue of the laws in force, are not capable of validly accessing or undertaking the terms and conditions herein established shall previously be granted, without any excuse, an authorization by their legal representatives, who shall be deemed liable for any action taken by the people legally incapable under their charge.

When lack of legal capacity is due to being underage, the person of age in charge of a person underage shall be liable for determining the services and contents accessed by the person underage; however, under no circumstance shall it be allowed for people under the age of 18 to access the site.

3. Users' Registration

To use the services provided by Socialphy, it is just necessary that you accept these General Terms and Conditions. However, registration as a user may be required in order to use some services and access certain contents. Said registration shall aim at setting users' identity and contact information.

Whenever information is required for user registration purposes, said information shall be reliable and shall be deemed as an affidavit. When the information provided is not true, said user shall be considered to be in breach of these General Terms and Conditions, liable for all damages suffered by Socialphy or any third person as a consequence of that lack of truthfulness or accuracy.

Once registered, a user shall have a user name and a password which shall enable customized, confidential and safe access to his/her personal account in the site. The services subject to registration have been conceived for personal use of the requiring user; therefore, the user name and access password given by Socialphy shall only be used by that user; use by another person is hereby prohibited. A registered user shall undertake to keep and guard his/her access password, shall have to give immediate notice to Socialphy in case said data is no longer confidential, and/or in case said data are used by a third party.

Each user shall be liable to keep his/her registered personal information duly updated as necessary, and shall have to give notice to Socialphy whenever there is any change in that respect.

Socialphy may reject any registration application or cancel a previously accepted registration without a cause, which shall not entitle the user involved to any benefit.

Socialphy shall use the information provided by a user exclusively for the purposes above mentioned, and Socialphy shall reasonably protect users' private and confidential communications at all times. However, considering that Socialphy uses technological systems which, under certain circumstances, may be vulnerable, users are made aware that Socialphy does not ensure system inviolability; thus, this circumstance shall be taken into account at the time of making a decision whether to become a user or not.

In all cases, and according to the Privacy Policy supported by Socialphy, any personal information provided by users shall be adequately treated and protected for privacy purposes. However, Socialphy services were designed, among other purposes, so that users may access certain (non-sensitive) data of other users in order to allow user interaction under a social network scheme. Therefore, by submitting any personal information different from their name, users waive any privacy expectation that they may have with respect to that piece of personal information provided in the site. The users who do not want their photograph or picture, website, messenger, city of residence, nationality or personal description registered in the Site to be submitted to the public shall not register with Socialphy.

4. Notices and Communications

In order for users to contact Socialphy, the communications addressed as follows shall be deemed as valid:

Email: abuse@socialphy.com

Any notices and communications sent by Socialphy to the electronic mail account resulting from the user or sender email address shall be effective and valid. Likewise, the communications consisting of warning messages and other messages entered in the site, or those which are sent during service delivery, which aim at keeping users posted on any certain circumstance, shall be regarded as effective.

5. Free Access to Socialphy Services

Regardless of the duty to comply with all and any General Terms and Conditions, the services and contents provided by the Site may be freely accessed by the users. Free access includes cost-free services, which shall not be subject to payment of any fee or consideration to Socialphy.

Said cost-free nature shall not be applied to third parties' services provided through the site which may not be cost-free and, likewise, those current and future services and/or contents on which Socialphy may set a fee for users' use.

Free access and cost-free do not mean Internet connection facilities. Under no circumstance Socialphy shall provide users with connectivity, as required to access the Internet. Availability of the technical means required for accessing the Internet shall be under each user's exclusive account, charge and liability.

6. Services and Contents

Socialphy is an Internet site based on a communication tool which allows its users to be in contact so that they may share opinions, comments and, in general, any kind of information that may be of their interest. Socialphy's subject matter is to create a communication and entertainment setting as wide as possible, targeted to the Internet public in general.

6.1. Posts

The main service provided by Socialphy enables users to be aware of the statements made by other users, published in the Site as messages or “posts”. According to the provisions of section 3 under these General Terms and Conditions, in order to view and read posts it is just necessary to accept said General Terms and Conditions; however, creating and entering a post, as well as accessing certain posts and certain functionalities shall only be reserved to registered users.

a) Creating and Entering Posts

Those who are registered in Socialphy may post freely; for that purpose, Socialphy provides registered users with a tool in order to create and edit their posts, along with the necessary means for storage and exhibition in the site.

b) Post Contents

The posts entered by users may only contain text. When a user intends to insert photos, pictures, illustrations, videos, animations or make reference to files or sites outside Socialphy in his/her post, he/she may only do so through links, by means of stating a URL (Uniform Resource Locator) where the file pretended to be associated to his/her post is hosted.

Socialphy makes it known to its users, and third parties in general, that the files related to one post are not a part thereof and are not reproduced in any Site system or platform. Socialphy shall only publish the URL address of an associated file. In some cases, embedded links may be set in order to allow visualization of a link within the Site. Consequently, under no circumstance, may users transfer files to the site so that they may be included in their posts or in general make an "upload" to the site itself, in such a way that said files (or a copy thereof) may be hosted in Socialphy servers. Likewise, there are no files in the site aimed at being downloaded by users.

Socialphy is a site engaged in communication among people through a social network structure.

Socialphy DOES NOT WORK AS A CENTER FOR STORING OR KEEPING FILES.

Socialphy DOES NOT WORK AS A SITE FOR FILE SHARING.

Socialphy DOES NOT WORK AS A tracker.

Socialphy IS NOT A P2P (peer to peer) NETWORK.

c) Post-embedded Links

A link within a webpage (also known as link or hyperlink) makes reference to another resource, for example, another page or web site.

Thus, links to several files which users include in their posts published in Socialphy allow making reference to a certain web page, or a certain web page location; but in all cases, said links make reference to web pages held by third parties beyond Socialphy's control.

Links merely lead to certain information or activate certain contents but, under no circumstance, they reproduce the contents to which they are linked.

d) Link Embedding:

One of the main property right of an author is the right to reproduce his/her work. That right encompasses the power to prohibit any reproduction of his/her work without any previous express authorization. A link does not infringe this right of reproduction. URL addresses are mere facts that are not protected by copyright since they do not imply copying a work. However, if an author or right holder of a work has not published that piece of work, no person may legally publish it without an authorization. Therefore, USERS MAY ASSOCIATE LINKS TO THEIR POSTS WHEN THOSE LINKS REFER TO WORKS THAT HAVE ALREADY BEEN LEGALLY PUBLISHED IN THE INTERNET BY THEIR HOLDER.

e) Rating Posts:

This functionality consists of a possibility given to registered users, after passing the "beginner" phase, to rate or assess the posts entered by other users.

The rate given to each post shall be shown on each post, and the aggregate of rates received by one user based on his/her posts shall set the total rate of a user. Therefore, users may have a general feedback from other users expressed by means of a rate on his/her posts.

6.2. Comments

Another service provided by Socialphy, available only to registered users, is the chance to make comments as a message on a post made by another user, in such a way that feedback and sharing on posts are allowed.

6.3. Contact between Users

Besides, Socialphy enables users to know each other and be in direct contact with other users by establishing a contact system by means of chat sessions or through information provided by each user in his/her profile.

6.4. General Provisions

a) As detailed in section 7, each user shall be exclusively liable for the posts and comments he/she may make.

b) The above list is just declarative and not limiting. Socialphy may fully or partially add, change, remove the services and contents, without requiring any consent or giving any previous notice of any kind. Unless any provision on the contrary, any new content or extension of the existing ones shall be governed by these General Terms and Conditions.

7. Service Liabilities, Management and Control

7.1. Reserved Powers

Socialphy reserves all powers to control and manage the Site, particularly in reference to the services, contents and communications contained therein. Consequently, Socialphy may introduce all changes and modifications it may deem convenient at its own discretion. Socialphy may add, alter, substitute or remove any service or content at any time.

Socialphy especially reserves the power to control, edit, partially or fully remove any post or comment made by any user. Said power is included in the management powers which Socialphy holds as Site holder; exercise thereof shall not be subject to any reason or cause, and said exercise in all cases shall be reserved to Socialphy's discretion and will. Notwithstanding the above mentioned, and only to provide users with a guide, Socialphy may set a series of recommendations of accepted contents and those which are not acceptable with regard to posts and comments. This guide may be accessed by all users in the Site itself and shall be referred to as "protocol" or under any other similar name.

7.2. Liabilities related to the Services provided

Each user shall be exclusively liable for the statements or actions he/she may make within the Site framework. However, upon receipt, through the report system, of a statement made by a person who has unfairly suffered any damage, Socialphy shall take immediate action as required to avoid a continued damaging situation and shall give notice to the relevant authorities as appropriate.

Without prejudice to these reserved powers, in relation to users' communication privacy and confidentiality, Socialphy shall not directly control the legal nature of users' statements and/or actions. Therefore, Socialphy shall not be liable for any use of the contents and services made by the users in breach of law; neither shall Socialphy ensure that the data submitted by users in relation to identity thereof are true and reliable.

Socialphy is a platform devised for communication and information sharing. The use of the Site made by a user which may imply a damage or a mere breach of a third party's right, particularly Intellectual Property rights, shall exclusively make that user liable for the damages resulting from that conduct against third parties and/or Socialphy.

7.2. Liabilities related to the Services provided

Each user shall be exclusively liable for the statements or actions he/she may make within the Site framework. However, upon receipt, through the report system, of a statement made by a person who has unfairly suffered any damage, Socialphy shall take immediate action as required to avoid a continued damaging situation and shall give notice to the relevant authorities as appropriate.

Without prejudice to these reserved powers, in relation to users' communication privacy and confidentiality, Socialphy shall not directly control the legal nature of users' statements and/or actions. Therefore, Socialphy shall not be liable for any use of the contents and services made by the users in breach of law; neither shall Socialphy ensure that the data submitted by users in relation to identity thereof are true and reliable.

Socialphy is a platform devised for communication and information sharing. The use of the Site made by a user which may imply a damage or a mere breach of a third party's right, particularly Intellectual Property rights, shall exclusively make that user liable for the damages resulting from that conduct against third parties and/or Socialphy.

Socialphy or its members, shall NOT be liable under no circumstance for the content of the statements, comments or information contained in a post or comment.

8. Use of the Services and Contents provided by the Site

Users shall use the site services and access the contents in accordance with the provisions established in these General Terms and Conditions, by virtue of the laws to which they may be subject due to the place, persons or any subject involved, considered in aggregate and according to conduct rules imposed by law and customs and due respect for third parties' rights.

8.1. PROHIBITED USE of Services or Contents

Any use of the services aiming at damaging the rights of a third party, infringe the legal framework or which is an offense to the public shall be considered as PROHIBITED USE of the services and contents in the sense that it breaches the purpose for which said services were made available to the users.

PROHIBITED USE shall mean, among others, posting a message or comment, ad, as well as links to web pages that:

Are offensive to strictly personal rights, particularly in reference to honor, dignity and intimacy rights, not to be subject to any discriminatory treatment, against health and reputation, and freedom of speech, absolutely regardless of the legal set of rules which acknowledges said rights.

Infringe Intellectual Property rights held by third parties.

Have inappropriate content.

Are aimed at damaging the security and/or current operation of Socialphy or third parties' IT systems.

Induce, encourage or urge criminal, unlawful, dysfunctional or morally reproachable acts or which breach any third parties' intellectual property rights.

Include any form of publicity or business purpose that are not allowed by Socialphy.

Are aimed at gathering third parties' information in order to send ads or propaganda of any kind without any previous request for those ads or propaganda.

8.2. Control Actions

Without prejudice to the legal actions entitled to Socialphy or third parties, whenever the use of the services made by a user could be regarded by Socialphy as PROHIBITED USE, Socialphy may take action as convenient and according to its exclusive discretion, and may suspend or deny access to the services or contents to those users involved in such prohibited use without any previous notice.

9. Intellectual Property Provisions

9.1. Third Parties' Contents

By using the services provided by the Site, users may access contents provided by other users or third parties. Socialphy makes its best efforts to control the material with which it is provided; however, users accept that they may be eventually exposed to third parties' content which may be false, offensive, indecent or unacceptable in any manner. Under no circumstance shall Socialphy be liable for such circumstance.

9.2. Material held by Socialphy

Any material existing in the site which does not belong to a user or a third party shall be exclusively held by Socialphy. Only for declarative purposes, said material shall include images, photographs, designs, graphs, sounds, data compilations, trademarks, names, titles, designations, distinctive signs and any other material that may be accessed through the site.

Title over the aggregate or selection of links included by users in the Site shall be held by Socialphy as intellectual property as a classification and compilation work. Said property shall not be composed of the links taken individually but of the selection of the set of links. In that sense, users irrevocably assign and transfer in favor of Socialphy all rights to which they may be entitled in relation to the selection of links that each of them may have individually made.

Socialphy reserves all rights over said material, does not assign or transfer in favor of users any right over its intellectual property or that of any third party. Consequently, reproduction, distribution and/or modification thereof shall be expressly authorized by Socialphy, under the penalty of being it considered as an infringing illegal activity against Socialphy's intellectual property.

Site users shall only be authorized to use Socialphy's property when the purpose of said use is as specifically provided by Socialphy.

For information purposes, site users and visitors are informed that Socialphy's intellectual property rights are internationally protected under the Berne Convention, the WIPO (World Intellectual Property Organization) Copyright Treaty and other related provisions, the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement, which in aggregate ensure the international force of Socialphy's rights.

10. Site Operation

According to the cost-free nature of the services provided, Socialphy does not ensure full operation of the site and access to the site services and contents. Under no circumstance shall Socialphy be liable for the operation, efficacy and security of the services and contents made available to the users.

Socialphy does not ensure the preservation, integrity or indemnity of the posts, messages or comments made by the users.

11. LINKS to Socialphy

Setting any link or hyperlink between any other web page and site “http://www.socialphy.com” or any page within Socialphy may only be made with express authorization given by Socialphy.

Under no circumstance shall Socialphy be responsible for the contents or statements existing in the web pages where hyperlinks to site Socialphy are set. The fact that there is a link between a web page and site Socialphy does not imply that Socialphy has any relation with the holders of such web page where such a link is set.

Socialphy reserves the right to require that said link from a web page outside the Site be removed or deleted at any time without a cause and any previous notice. The person who is liable for the web page from which there is such a link will be granted a 48-hour term as from Socialphy's request to complete the link removal or deletion.

12. LINKS from Socialphy

12.1. Links provided by Socialphy

The hyperlinks or links to web pages belonging to third parties provided by Socialphy are aimed at improving the user browsing experience within site Socialphy making available access channels to other sites.

12.2 Links provided by Users

According to the provisions in section 6, users may embed links in their posts leading to resources hosted outside Socialphy. The purpose of these links is to increase the user communication chances, thus enabling the possibility to make reference to any element in the Internet.

12.3. Liability derived from the Links

In any of the above mentioned cases, Socialphy controls, supports or ensures the security, quality, legal status, accuracy and reliability of the services and contents accessed through a hyperlink. Embedding a link does not mean that Socialphy is in any way related to the linked site; neither shall it mean that Socialphy supports or agrees, facilitates or collaborates with the activities developed in such a site.

Liability for the services or contents in the sites linked shall exclusively correspond to those sites' holders. In no event Socialphy shall be liable for any irregularity, illegality or infringement reported for those sites, and Socialphy shall not be liable in that sense for the damages that the users or third parties may experience for the contents thereat published.

Users shall be exclusively liable for the access and use of the web pages linked to site Socialphy, and users shall take preventive measures as necessary according to the service or content kind accessed.

Any user that considers inadequate a page linked from the Site may report it or make a recommendation through the report system which is available for users by Socialphy.

13. End of Service

Socialphy, at its own discretion, may temporarily suspend or definitely deactivate a user's account without any previous notice and without a cause, in which case all information related to that account shall be deleted.

14. Applicable Law and Jurisdiction

For all legal effects in relation to the services and contents provided or that may be provided in the Site, the laws in force in the United States of America shall be applicable and the ordinary courts of the United States of America shall have jurisdiction.