Mobile App and Website CONDITIONS OF ACCESS AND USE
1. – General Information.
The PORTAL access and use through the address www.be-in-app.com(THE PORTAL) and the MOBILE APP “BeIN Fashion Society” (THE MOBILE APP or BeIN Fashion Society) are offered by Piracon GmbH, Mühlweg 15, 71711 Murr, Germany (Piracon). Piracon GmbH has received a non-exclusive license from BeIn Corp and its affiliates to market the Portal and the Mobile App, brands and domains.
BeIn Fashion Society official address is: BeIN Fashion Society, c/o LIQUIS SL, c/Balmes 297, 08006 Barcelona, Spain.
2. – Acceptance of the General Conditions of Access and Use
2.1 – The access and navigation through the website www.be-in-app.com and the use of its Mobile App “BeIN App Fashion Society” implies automatically the express acceptance of these General Conditions of Access and Use (hereinafter GCAU), so that people who access and browse the PORTAL website on www.be-in-app.com and its Mobile App “BeIN App Fashion Society” agree to be bound and abide under their sole responsibility.
2.2 – In order to obtain the best effectiveness out of the PORTAL and MOBILE APP, PIRACON may deny or restrict access to Users and/or Users who do not respect these GCAU without any need for notice.
2.3 – These GCAU may be modified by PIRACON at any time and without notice, when deemed appropriate or necessary to optimize and/or adapt the regulation of access and use of THE PORTAL and the MOBILE APP . Once introduced that amendment, if the User is accessing and using the various tools of the PORTAL and the MOBILE APP, it will be considered that he has accepted those changes, otherwise he will have to refrain from their use.
2.4 – Moreover, notwithstanding these GCAU, PIRACON may set certain conditions that must be complied with for access and use of some of the services offered by the PORTAL and MOBILE APP.
2.5 – In addition to these GCAU, for access and use of the PORTAL and MOBILE APP, the Privacy and Data Protection Policy indicated in these general terms should be respected.
2.6 – For the purposes of these GCAU, the User will be understood as anyone who browses the PORTAL and MOBILE APP, regardless of the registers by completing the registration forms and/or uses any of the services the PORTAL and MOBILE APP offers, be them free or subject to the paying of a certain amount.
3. – Brief description of the PORTAL and MOBILE APP and purpose of use.
3.1 – THE PORTAL and the MOBILE APP “BeIN Fashionist Society” are a social app / web for fashion fans that rewards creativity and popularity by giving access to different social levels and benefits. The User can use the service to create and share outfits based on given fashion catalogues. BeIn Fashionist Society will from time to time offer contests to the user, that might involve vouchers or other gifts. The conditions of the contests will be defined and published by “BeIN Fashionist Society” and are binding for the user.
3.2 – Users will have access to a wide range of products and services that BeIN Fashion Society decides to offer its Users at any time.
3.3 – Notwithstanding the foregoing, BeIN FASHION SOCIETY is empowered to change at any time without prior notice the look & feel (design, image, presentation and configuration or operation), as well as THE PORTAL and the MOBILE APP content and functionality included in it, deleting, changing, adding new or subjecting it to specified conditions, without involving alteration of the agreements or commercial relationship between BeIN FASHION SOCIETY and the User.
3.4 – To access the service it is required a computer or mobile app, with the programs and settings needed for the proper functioning of THE PORTAL and the MOBILE APP  and Internet connection. The costs of connection are the sole responsibility of the user.
4. – License terms and registry
4.1. – Subject to your compliance with these Terms, BeIN FASHION SOCIETY grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any BeIN App Content solely for your personal and non-commercial purposes. Subject to your compliance with these Terms, BeIN FASHION SOCIETY grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Applications, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BeIN FASHION SOCIETY or its licensors, except for the licenses and rights expressly granted in these Terms.
4.2 – We may permit Members to post, upload, publish, submit or transmit Member Content. BeIN FASHION SOCIETY does not claim any ownership rights in any Member Content and nothing in these Terms restricts any rights that you may have to use and exploit any Member Content. By making available any Member Content through the Site, Applications or Services, you grant PIRACON / BeIN Fashion Society a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Applications or Services.
You are solely responsible for all Member Content that you make available through the Site, Applications and Services. You represent and warrant that you are the sole owner of all Member Content that you make available through the Site, Applications and Services or you have all rights, licenses, consents and releases necessary to grant to BeIN FASHION SOCIETY the rights in such Member Content, as contemplated under these Terms. You also represent and warrant that neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BeIN FASHION SOCIETY use of the Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Members may post comments and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BeIN FASHION SOCIETY reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
4.3 – To proceed with the use of the several functionalities of THE PORTAL and the MOBILE APP, the person must be an adult and must register accordingly to the following instructions included in THE PORTAL and the MOBILE APP , accessible through the option “Register”.
4.4 – The User warrants under their own responsibility the accuracy of the information provided, to be kept current at all times, absolving BeIN FASHION SOCIETY of the consequences and damage that the inaccuracy of it may cause to third parties.
4.5 – Once all the required fields are completed, BeIN FASHION SOCIETY will provide to the User the identification code and password and a key (codes) that will allow the access and use of THE PORTAL and the MOBILE APP under the conditions that have been employed.
4.5 – The User identification code and the password are entirely personal and untransferable, specifically assigned to the User, who takes responsibility before BEIN FASHION SOCIETY and others from the proper use and non-transmission or disclosure to third persons and/or entities other than the User or person expressly authorized by him to contract in its name.
4.7 – In case of any loss or theft of passwords, unauthorized use of THE PORTAL and the MOBILE APP or codes, and any violation of security that the User has become aware of, he is obliged to notify BEIN FASHION SOCIETY immediately. In this case, the User shall be entitled to be given a different identification code and password to access THE PORTAL and the MOBILE APP.
4.8 – THE PORTAL and the MOBILE APP assume no obligation or have no technical means to verify the identity of those who register on it. Therefore THE PORTAL and the MOBILE APP shall not be liable in case of identity theft of the user.
4.9 – BeIN FASHION SOCIETY reserves the right to reject any application for registration whose content does not conform to the purposes of THE PORTAL and the MOBILE APP, without implying any right to indemnification, compensation and/or restitution, or refund of any amount satisfied by the user.
5. – Code of conduct and terms of access and use of THE PORTAL and the MOBILE APP.
The correct behavior of Users is essential for the proper functioning of the service. Below is the code of conduct which they must follow to access and use THE PORTAL and the MOBILE APP, expressly stating that compliance with the condition described below is essential for using THE PORTAL and the MOBILE APP.
5.1. – Code of Conduct for Users.
A) The Users declare under their sole responsibility that they are going to act in compliance with the applicable regulations, in a responsible, respectful, diligent way, with complete good faith.
B) The User is prohibited of the following behaviors that are described below by way of example:
F) The User agrees not to transmit through THE PORTAL and the MOBILE APP any information or material, with products or services of any kind or nature that is unlawful, libelous, defamatory, harmful, vulgar, obscene or otherwise objectionable.
G) In the case that the User has access to confidential information, he agrees to use it only for the purposes for which they were revealed, with due regard to confidentiality.
H) BeIN FASHION SOCIETY, in its sole discretion, may terminate access to THE PORTAL and the MOBILE APP, immediately and without advance notice, if the User’s conduct is not consistent with these GCAU.
5.2 – General Prohibitions
You agree not to do any of the following, either directly or indirectly:
BeIN FASHION SOCIETY reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that BeIN FASHION SOCIETY, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.
6.- Links between Web pages.
6.1 – If BeIN FASHION SOCIETY decides to include in THE PORTAL and the MOBILE APP links to third party websites, the User freely decides on his own responsibility the navigation and access on them with complete indemnity of BeIN FASHION SOCIETY.
6.2 – If the User enters THE PORTAL and the MOBILE APP links to their Web pages or third parties Web pages, he must ensure that they do not contain elements and/or information that is immoral, violent, not complying with existing laws, or in either way, adversely affect the image of THE PORTAL and the MOBILE APP.
6.3 – BeIN FASHION SOCIETY is empowered to withdraw all content posted by the User who contravenes the provisions of these GCAU.
7.- Intellectual Property.
7.1 – The User expressly acknowledges, for all purposes, that information, signs, pictures, designs, logos, animations, video, text and other elements and contents, including services and applications from THE PORTAL and the MOBILE APP, are subject to rights of intellectual property belonging exclusively to the owner, who has granted BeIN FASHION SOCIETY the necessary licenses for exploitation, so they are not grant any rights therein except as expressly recognized.
7.2 – The rights of use granted by BeIN FASHION SOCIETY to the User in relation to the above items are strictly limited to the access and printing on any medium and for strictly private purposes, provided that the registration of the User remains in force.
7.3 – Consistent with the previous paragraph, the User is not entitled to, for example, download, reproduce, change, modify, distribute, copy, exploit commercially, publicly or in any form or medium, as well as having the elements and contents listed above, including computer codes of any of the elements of THE PORTAL and the MOBILE APP.
7.4 – The User is directly responsible for all consequences, damages arising for BeIN FASHION SOCIETY and / or third party of infringement of any obligation under this clause.
7.5 – The User may provide, if appropriate, a blog or diary where he can publish the content he sees fit, always respecting the provisions of these GCAU.
7.6 – Notwithstanding the preceding paragraph, BeIN FASHION SOCIETY is not responsible for any of the arguments heard in it.
7.7 – In any case, BeIN FASHION SOCIETY is empowered to block access to content that is unlawful, libelous, defamatory, harmful, vulgar, obscene or objectionable in any way.
7.8 – The User grants to BeIN FASHION SOCIETY the right to use the content he has entered THE PORTAL and the MOBILE APP to the development of the activity thereof. This right is conferred in a global level throughout the term of his registration on THE PORTAL and the MOBILE APP .
7.9 – The User recognizes to BeIN FASHION SOCIETY the right to modify the contents introduced in order to be suitable and compatible with the technical and aesthetic features of THE PORTAL and the MOBILE APP .
7.10 – BeIN FASHION SOCIETY may, at its sole discretion, which contents should appear prominently on THE PORTAL and the MOBILE APP.
7.11 – The user is not allowed to share outfits (created on its own or by other) that contain visible brand names in its own social media channels.
8.1 – BeIN FASHION SOCIETY assumes no liability or obligation of any kind regarding the User’s expectations or outcomes related to access, use and performance of THE PORTAL and the MOBILE APP.
8.2 – BeIN FASHION SOCIETY does not warrant that the use of THE PORTAL and the MOBILE APP will be uninterrupted, secure, timely or error-free, nor the accuracy and/or reliability of the information obtained through it.
8.3 – BeIN FASHION SOCIETY is not responsible for damages caused by misuse of the service by users. The services offered by THE PORTAL and the MOBILE APP comply with current regulations and the User must refrain from acts of any kind that violate any law, local, national or international, regarding human rights and law in general, declining BeIN FASHION SOCIETY any responsibility otherwise.
8.4 – BeIN FASHION SOCIETY is not obliged to repair any damages, direct or indirect, that are caused by an incomplete or incorrect and untrue information, provided by THE PORTAL and the MOBILE APP Users, nor is responsible for the behavior of Users, their possible failures and/or possible insolvency situations where they can be found.
8.5 – BeIN FASHION SOCIETY is not obliged to repair the damages, direct or indirect, arising from services provided by external providers with which BEIN FASHION SOCIETY has reached agreements or commercial partnership, in which it acts only as a mere intermediary.
8.6 – BeIN FASHION SOCIETY will not be liable for any damages that may result from the inability to access THE PORTAL and the MOBILE APP, or by the unavailability of the network, lack of proper configuration of computer equipment, for acts or omissions of other Users or third parties, or any other cause.
8.7 – BeIN FASHION SOCIETY is not responsible for delays and/or faults produced in access, working and/or operating THE PORTAL and the MOBILE APP, nor for any interruption, suspension or malfunction of the same whenever originated from damage by natural disasters such as earthquakes, floods, and any force majeure or situations of extreme emergency such as war, strikes, lockouts or any other situation of fortuitous cause or force majeure.
8.8 – In no event BeIN FASHION SOCIETY will be liable for any damages the User may suffer in case of non-compliance of these GCAU.
8.9 – The User is the sole responsible for the business he carried out, based on products and services he might offers in the future through THE PORTAL and the MOBILE APP, both in terms of management, and in relation to the compliance of the regulations in force in all that apply to him in response to the type of activity performed, such as obtaining permits, licenses, authorizations, etc. To this end, management means all activities related to the contracted services, and any other activity related to the transaction model to conduct through THE PORTAL and the MOBILE APP.
8.10. – The User is the sole responsible for the damages occasioned to BeIN FASHION SOCIETY, to any User and/or third party, caused by bad faith, illegality, misrepresentation, inaccuracy, lack of diligence, failure of any information, content and/or object of any transactions, commitments or agreements made with another User as a result of using THE PORTAL and the MOBILE APP or arising from it.
8.11 – If BeIN FASHION SOCIETY be held responsible for any loss or damage to cause the above ends in a judicial or extrajudicial lawsuit, by a court, administrative tribunal or competent public entity, it may reclaim all sums paid and had to endure including consequential damages and lost profits from the User, and any costs or charges which would have had to face, including taxes, charges, lawyers, attorneys, experts, arbitration, travel, leisure, and any other.
8.12 – BeIN FASHION SOCIETY reserves the right to communicate confidential information that Users have exchanged when it is imposed by law, rule, regulation, ordinance and/or any other legal or judicial mandate, or under governmental request.
9.- Protection and functionality of the PORTAL.
9.1. – BeIN FASHION SOCIETY reserve itself the right to modify, change or stop it services in total or in part, whenever it is needed for maintenance or if the business requires it without previous information to the user.
9.3. – If the user detects an abnormal behavior of the system, the user is obliged to inform BeIN FASHION SOCIETY to be able to find a technical solution.
10.- Data Protection and operation of THE PORTAL and the MOBILE APP.
10.1 – The User declares that all information provided is true, complete and accurate and that, in accordance with the provisions of Article 5 of Law 15/1999 of December 13, on Protection of Personal Data, he expressly consents and authorizes his data to be incorporated into an automated file, from which BeIN FASHION SOCIETY is responsible, to be used for the following purposes:
- use outfits created by the user in the PORTAL and MOBILE APP and all personal information of the user in its own and partners Social Media channels (for example but not limited to: Facebook, Twitter, Instagram, Pinterest), in its Web and eMails
- The announcement of promotional agreements BeIN FASHION SOCIETY has reached with partner companies to provide to the Users of THE PORTAL and the MOBILE APP certain products and services on attractive terms
10.2 – The information provided which is part of the public profile of the User may be accessed by all Users.
10.3 – The information provided that does not form part of the user’s public profile as well as any other data can be obtained indirectly through billing, business reports or information from other Users, will only be accessed by BeIN FASHION SOCIETY and its service providers/ partners, with whom it will sign the necessary agreements to ensure adequate protection and confidentiality of such information.
10.4 – The User can exercise their rights of access, rectification, cancellation or opposition by sending a e-mail to terms (ad) be-in-app.com or by written communication sent to the following address BeIn Fashion Society, c/o LIQIIS SL, c / Balmes, 297, 1 º, 2 ª, 08006 Barcelona, Spain.
10.5 – If the User exercises the right to cancel or oppose the data necessary for BeIN FASHION SOCIETY to provide THE PORTAL and the MOBILE APP services, it may terminate this agreement, unsubscribing the member who will be not entitled to any claim for the part of this term.
11.- Term, Suspension and Resolution.
11.1 – The relationship between the User and BeIN FASHION SOCIETY have a unlimited duration.
11.2 -A user can at any moment resolute his participation in THE PORTAL and the MOBILE APP with a letter signed by the account holder, indicating the desire to terminated the service and his PORTAL user to the following eMail terms (ad) be-in-app.com.
11.3 – The User will receive written confirmation of his request by the sending of an email to the address that has been provided by him or any other manner that is equally effective and ensuring proper evidence thereof.
11.4 – BeIN FASHION SOCIETY also may inform the User of its decision to terminate the contract by sending an e-mail to the address the User has provided in the registration form, which will produce the full effect 5 days after it was received.
11.5 – As an exception to the preceding paragraph, BeIN FASHION SOCIETY shall terminate the contract without prior notification in case of flagrant violations of these GCAU by the user, without given to him any rights of claiming or compensation.
11.6 – At the time of the termination, User’s rights to use THE PORTAL and the MOBILE APP cease immediately.
11.7 – In addition to the reasons for termination expressly indicated in the remaining provisions of these GCAU, the following reasons will motivate the termination of the relationship between the User and BeIN FASHION SOCIETY:
a) In the event of irregularities and misrepresentations by the User.
b) In the event that the User breakes any of the conditions of access and use of THE PORTAL and the MOBILE APP established in these GCAU.
11.8 – In case of disagreement by the User of these GCAU, or any of its amendments, or if he is not satisfied with THE PORTAL and the MOBILE APP, the User must:
a) discontinue the use of THE PORTAL and the MOBILE APP.
b) cancel his subscription.
c) notify BeIN FASHION SOCIETY about the termination in the manner prescribed in these GCAU.
(I) Abrogation: If any term and conditions that make these Terms and Conditions of User Conduct is held invalid or unenforceable, in whole or in part by any court, the remaining provisions shall retain their full force.
(II) Plenitude: The legal relationship between the parties is governed by these GCAU and, where appropriate, by the specific conditions that apply to the services contracted further. These GCAU and, where appropriate, the specific conditions referred to, are the only valid document between the parties and replaces any previous agreement or commitment on the same object, whether written or verbal, and may only be modified by agreement reached by both parties.
(III) No Waiver: The non-exigency from any of the parts of their rights set by these GCAU, will not be considered a renunciation of such rights in the future.
(IV) Relationship between the parties: The access to and use of THE PORTAL and the MOBILE APP and the relationships between the parties do not constitute any partnership, joint venture, agency, job placement or employment contract between the parties.
(V) Headings: The headings of clauses are for information purposes only and do not affect, qualify or extend the interpretation of this Agreement.
(VI) Force Majeure: BeIN FASHION SOCIETY is not responsible for delays or faults produced in access, working and/or operating of THE PORTAL and the MOBILE APP , nor for any interruption, suspension or malfunction of the same whenever it is origined by natural disasters such as earthquakes, floods, and any force majeure or situations of extreme emergency such as war, strikes, lockouts or any other situation of fortuitous cause or force majeure.
13.1 – For any questions or doubts that are related to the access and use of THE PORTAL and the MOBILE APP or these GCAU, one can send an email with its request and contact details to the following address: email@example.com
13.2 – You can also contact us by directing your request and contact information to: BeIN Fashion Society, c/o LIQIIS S.L. C/ Balmes, 297, 1º, 2ª 08006. Barcelona, Spain.
13.3 – Notwithstanding the foregoing, BeIN Fashion Society may transmit notifications via the homepage of THE PORTAL and the MOBILE APP, to inform the User about the changes on it. Notification shall be considered valid and therefore, as notifications to the User.
16.- Law and Jurisdiction.
The access and use of THE PORTAL and the MOBILE APP as well as the interpretation, compliance and enforcement of these GCAU are subject to the provisions of Spanish law. The User and BeIN Fashion Society are subjected, expressly waiving any other jurisdiction, to the courts of Barcelona (Spain).