Terms and Conditions

TERMS AND CONDITIONS

  1. Guidelines and general terms
  2. Content
  3. Legal
  4. Articles
  5. Copyright
  6. Classifieds
  7. Discussions
  8. Ad-Guidelines

 

GENERAL TERMS AND GUIDELINES

It’s easy to remember our terms of use:  This principle guides every interaction on our site and even though we have to publish the legal terms you’ll find below, Be Respectful is the driving force behind every decision we make. Please be respecful at all times .

We also promise to Be Respectful of your right to air your views!

General Terms and Guidelines and Content Terms and Guidelines apply to all content published on our site. Some areas have special guidelines of their own as well:

  • Blog posts and one-off articles
  • advertisements
  • Discussion Posts
  • classifieds

 

CONTENT TERMS AND GUIDELINES

NowYouSeeMe believes in freedom of expression and open communication. We work hard to create a safe space where you can interact with people from all over the world, sharing knowledge and experiences. We also work hard to maintain the spirit of international community and civilised communications .

 

To support these values, there are some violations that we have a zero-tolerance attitude towards. If you read or see anything on our site that violates our Be Respectful policy, flag it for the attention of nowyouseeme .

The examples below are a non-exhaustive list. NowYouSeeMe reserves the right to remove any content that we feel violates our guiding principles. We also reserve the right to keep content published on our site even if it’s been flagged.

 

Hate violence or speech: Incitement of violence towards a protected group is not supported by NowYouSeeMe. Protected groups include (but are not limited to) those who identify with a particular religion, ethnic origin, gender identity, sexual orientation, age, socio-economic bracket, or political view. It’s fine to debate a political policy – it’s not fine to abuse someone because of who they vote for. Please note that feeling offended by an opinion is not the same as being personally attacked.

Pornography: Images containing gratuitous nudity or sex will be removed immediately .

Safety of children : Anything remotely resembling the promotion of sexual attraction to children will be removed, the author account terminated and the author may be referred to local law enforcement authorities. This includes comments, blog posts, imagery, video or references (including links) to any material that in any way endorses or implies an endorsement of paedophilia.

Harassment or bullying: Online harassment is a serious offence. The account of a serial bully may be permanently suspended and the offender referred to local law enforcement authorities. Please note, disagreement or debate do not qualify as harassment or bullying.

Violation of copyright : If you don’t own it or don’t have permission to use it, don’t publish it. This includes someone else’s imagery, word-for-word copies of text, video content, or general plagiarism. Plagiarism is an indirect kind of stealing in which another person’s ideas are used without the original author being referenced. By using our site nowyouseeme  you declare that you are completely responsible for obtaining all appropriate licenses and permissions. For more information see our Copyright Guidelines.

Spam: We all know what spam looks like but here are a few examples anyway: Repeated commercial postings in non-commercial areas, data scraping for revenue generation, repeatedly posting comments that are not related to the discussion but are designed to drive traffic to a revenue-generating site or for other reasons of personal gain.

Illegal activities: Don’t use our site to try to sell regulated goods like alcohol, tobacco, or weapons. And don’t engage in or promote illegal activities of any kind.

Personal information: It’s not OK to reveal sensitive personal information about any of our members. This includes someone’s address, credit card details, family member’s names or other details that they haven’t publicly shared themselves. If you choose to share your own personal details, please be aware that the Internet is a big place and most information will remain online forever. Don’t share information online that you wouldn’t share on a crowded train.

Creating a new account after termination: If your NowYouSeeMe account is terminated for serious policy breaches you agree not to create a new account.

 

Trolling: This one is tricky as it can be very subjective. It’s often difficult to tell when someone is raising a genuine question, especially when the subject is sensitive or inflammatory, or when they’re just making trouble for the fun of it. After all these years we’re pretty good at spotting trolls and like to quietly dispose of them as attention only makes them worse.

 

THE LEGAL STUFF

Access to and use of this site (“NowYouSeeMe”) is provided by NowYouSeeMe Limited subject to the following terms:

By using NowYouSeeMe you agree to be legally bound by these terms, which shall take effect immediately on your first use of NowYouSeeMe. If you do not agree to be legally bound by all the following terms please do not access and/or use NowYouSeeMe.

NowYouSeeMe Limited may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by NowYouSeeMe Limited. Your continued use of NowYouSeeMe after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Use of NowYouSeeMe

You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use NowYouSeeMe content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any NowYouSeeMe content except for your own personal, non-commercial use in accordance with NowYouSeeMe’s copyright guidelines. Any other use of NowYouSeeMe content requires the prior written permission of NowYouSeeMe Limited.

You may not use any contact information published on NowYouSeeMe for any form of unsolicited contact or approach including the sending of Unsolicited Direct Mail (UDM or spam), promoting a business or service unless that specific business or service has been directly requested by the NowYouSeeMe user you are contacting. Such emails are strictly prohibited both by NowYouSeeMe and by local and international law.

Disclaimers and Limitation of Liability

NowYouSeeMe content, including the information, names, images, pictures, logos and icons regarding or relating to NowYouSeeMe Limited, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

NowYouSeeMe Limited will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of NowYouSeeMe.

NowYouSeeMe Limited does not warrant that functions contained in NowYouSeeMe content will be uninterrupted or error free, that defects will be corrected, or that NowYouSeeMe or the server that makes it available are free of viruses or bugs.

NowYouSeeMe Limited will not be liable in respect to links or references to third party materials and third party web sites or the contents of such materials or sites. NowYouSeeMe is not a party to, or responsible for, any transaction concerning goods or services available from such third party web sites.

To the fullest extent permitted by law, neither NowYouSeeMe nor any of its directors, employees or agents will be liable for damages arising out of, or in connection with, the material carried on the NowYouSeeMe site(s) for clients. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, and third party claims.

 

Disclaimers and Limitation of Liability

The names, images and logos identifying NowYouSeeMe Limited or third parties and their products and services are subject to copyright, design rights and trademarks of NowYouSeeMe Limited and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of NowYouSeeMe Limited or any other third party.

 

Contributions to NowYouSeeMe

Where you submit any contribution to NowYouSeeMe (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant NowYouSeeMe Limited a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in NowYouSeeMe’s Privacy Policy. If you do not want to grant to NowYouSeeMe Limited the rights set out above, please do not submit your contribution to NowYouSeeMe.

Further to the above, by submitting your contribution to NowYouSeeMe, you warrant that:

Your contribution is your own work or that you have acquired the appropriate permissions for use and that you have the right to make it available to NowYouSeeMe Limited for all the purposes specified above;

is not defamatory; and

does not infringe any law; and

indemnify NowYouSeeMe against all legal fees, damages and other expenses that may be incurred by NowYouSeeMe as a result of your breach of the above warranty; and

waive any moral rights in your contribution for the purposes of its submission to and publication on NowYouSeeMe and the purposes specified above.

When submitting an entry to a competition organised by NowYouSeeMe, the participants agree that, in the event that they win, they will permit their name, location and picture to be published on the websites of NowYouSeeMe and the competition sponsor together with details of the competition and the prize.

General

If there is any conflict between these terms and specific terms appearing elsewhere on NowYouSeeMe (including local or regional rules) then the latter shall prevail.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These terms shall be governed by and interpreted in accordance with the laws of Spain.

NowYouSeeMe

Palma e Mallorca

Spain

 

BLOGGER TERMS & GUIDELINES

These guidelines are in addition to the General Terms & Guidelines

 

All terms apply to single articles AND collections of articles (blogs)

NowYouSeeMe provides a publishing platform only. We do not provide legal advice to bloggers, nor do we moderate posts before they are published. Local laws notwithstanding, NowYouSeeMe denies any moral or legal responsibility for consequences incurred from your posts

When you publish anything on our site you affirm that you either own that content or have the appropriate licenses to use it. If the content (text,videos, images etc.) does not belong to you, then don’t use it without asking permission from the copyright holder. See the section below on Copyright and Attribution to learn more

By publishing on our site you are granting us a non-exclusive, permanent, irrevocable, unlimited license to use, publish, re-publish, or re-purpose your content in any way. You retain copyright over the content

Monitor your own posts

Keep your blog current

Be the first to respond to your own mistakes, and don’t alter previous posts without indicating that you have done so

Approve (provided they are OK) and respond to comments regularly

 

COPYRIGHT AND ATTRIBUTION

Any piece of copyrighted content (whether an image, photo, video, logo or text) which is not properly credited will be removed, so it’s important to understand how to handle other people’s content.

When quoting another blog or any other publication:

Link to the original (if online), or provide details of publication

Always use quotation marks to identify the quotation: “This is how to display quoted text”

Always credit the original author. This is how to display quoted text: Originally published by THE AUTHOR on WEBSITE (add link)

Don’t reproduce full articles; give the link instead: “Visit WEBSITE (add link) to read the full article on how to…”

When using images or video, there are three options for choosing content safely:

Use blogger’s own images or video.

Images or video which belong to the blogger (such as photographs taken or videos shot by the blogger or original sketches drawn by the blogger) do not require permission and are the simplest, copyright-free images to use.

Use copyrighted images or video, with the copyright owner’s permission.

To use a photograph, cartoon, logo or any other type of image or video which you don’t own, you must first:

Obtain permission from the original copyright holder (this may not always be the same as the site displaying the image or video).

Document receipt of permission.

Provide a proper credit, citing the source and photographer/videographer’s name.

Please operate in a professional mannor

 

LISTING TERMS

These guidelines are in addition to the General Terms and Guidelines

Please always be sure to post your thread in the right category. If we think your thread belongs in another category we may move it. Duplicate posts in multiple categories are not permitted

NowYouSeeMe provides a local service to its users. To preserve this, only local members can post free classifieds. If you would like to advertise in multiple regions you will need to upgrade to a Featured Classified

NowYouSeeMe’s free Classifieds should, in most cases, not be used by businesses for the promotion of their commercial business or services. The exception to this is the Domestic Services section which is reserved for small jobs of a temporary nature. If you are acting on behalf of a business or organisation, you can pay to advertise via a Featured Classified

Information from third party sources may not be posted unless the member posting it holds the copyright. Please see our copyright guidelines for more information

By publishing on our site you are granting us a non-exclusive, permanent, irrevocable, unlimited license to use, publish, re-publish, or re-purpose your content in any way. You retain copyright over the content

Postings which defame an individual or organisation are not acceptable and will be removed

Use the My Postings area of MyNowYouSeeMe to modify your Listings

 

DISCUSSIONS TERMS AND GUIDELINES

These guidelines are in addition to the General Terms and Guidelines

Please always be sure to post your thread in the right category. If we think your thread belongs in another category we may move it. In most cases we’ll let you know if this happens

NowYouSeeMe’s language of communication is exclusively English

NowYouSeeMe’s language of communication is exclusively English NowYouSeeMe Discussions must not be used for any form of commercial activity

By publishing on our site you are granting us a non-exclusive, permanent, irrevocable, unlimited license to use, publish, re-publish, or re-purpose your content in any way. You retain copyright over the content

You can view all of your postings in the My Postings area of My NowYouSeeMe

 

ADVERTISING TERMS AND GUIDELINES

GENERAL CONDITIONS OF SALE

Products and services are sold subject to the Terms and Conditions which follow. The client agrees to abide by these terms and conditions.

 

POSITIONING AND PRICING

The positioning and description of NowYouSeeMe core products are as described in NowYouSeeMe’s advertising pages. All prices are quoted per calendar month and exclude tax (unless otherwise specified).

 

TERM

Contracts for all NowYouSeeMe advertising products are fixed term contracts and may not be cancelled within the agreed term specified on the order form and invoice. Unless otherwise specified all contracts are subject to automatic renewal without notice unless cancelled by the client as outlined below. For all products the term will commence on the date agreed.

 

PAYMENT

Payment for all advertising products is due in full in advance of each specified invoicing period. Advertising products will not be displayed if payment is not received.

 

CANCELLATION AND REFUNDS

A contract may be cancelled at the end of the agreed term upon the client giving one calendar month’s advance notice in writing by registered letter to the office of NowYouSeeMe as shown on the invoice. Notice may be given by email to info@NowYouSeeMe.es in the case of direct online purchases, provided always that receipt of the email is confirmed. Online orders may be cancelled at any time within seven days from the time of order, providing always that the advertising term has not yet commenced. Any payment made for periods following a valid cancellation will be reimbursed in full.

 

TECHNICAL DATA

NowYouSeeMe will provide the client with full technical specifications for the promotional material contracted with the client. All material submitted to NowYouSeeMe by the client must comply with these technical specifications. NowYouSeeMe has the right to amend any material submitted by the client as necessary in order to ensure that it meets the required technical specifications.

 

OTHER CONDITIONS

Right of Refusal or Withdrawal of Advertising

NowYouSeeMe reserves the right to refuse to accept, or to withdraw, without having to specify any reason, any message, advertisement or part thereof having in its text or presentation anything that NowYouSeeMe considers to be contrary to NowYouSeeMe’s legal or commercial interests, without any obligation to the client.

 

Limitation of Liability

To the fullest extent permitted by law, neither NowYouSeeMe nor any of its directors, employees or agents will be liable for damages arising out of, or in connection with, the material carried on the NowYouSeeMe site(s) for clients. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, and third party claims.

 

Modification by NowYouSeeMe

NowYouSeeMe as the publisher reserves the right to add to, amend or otherwise modify any aspect of the NowYouSeeMe website, at any time.

 

Intellectual Property

Any advertising design work carried out by NowYouSeeMe may only be used on the NowYouSeeMe site(s) and remains at all times the intellectual property of NowYouSeeMe, and the invoicing and payment for the carrying of such work should not be construed as the transfer of any copyright or intellectual property rights to such work.

 

Acts of God or Force Majeure

NowYouSeeMe shall not be liable for any failure to execute customer orders resulting from Acts of God or by any cause outside the control of NowYouSeeMe (whether or not involving third parties). NowYouSeeMe shall give credit in the form of extended advertising periods equal to the period in which the client’s advertising was not carried in the case of advertising which has been paid for but not provided as a result of such Acts of God or Force Majeure.

 

JURISDICTION

Any disputes relating to the creation, the execution and the suspension of the contractual obligations between the parties that cannot reach an amicable settlement will be subject to the jurisdiction of the Commercial Court of Spain.