Legales de Movibeta Festival

1. DEFINITIONS
1.1 In these legal terms and conditions, the following words have the meanings specified below:

• The data “Files” stored by the clients in Movibeta.com may be files that are online and/or offline;
• "Movibeta.com" is a site property of Movibeta Distribuciones S. L., 40 Fernández de la Hoz Street, 28010 Madrid, Spain;
• "Client" is the individual client of Movibeta.com who uses the Web service;
• "Clients’ data” is all the data property of and controlled by the client and uploaded by or under the name of the Client for the Web Service;
• "Allowed Users” are the people assigned by the client (when uploading or afterwards) who are given access privileges by them in relation with the specific data of the clients;
• "Site", the web site situated in http://www.movibeta.com, can be replaced, either partly or totally, as well as all the services that can be operated by Movibeta.com in relation with the Web Service;
• "Upload" consists of uploading data to Movibeta web service. “Loaded” and “Loading” will be subsequently interpreted;

2. USE OF THE SERVICE
2.1 The Clients and the users to whom the first give admission to the use of the Web Service and access to the site, are subject to the following terms and conditions.

2.2 The access to and the use of all the services included in this Web Service require the register and creation of a user name with Movibeta.com and the use of a password. Each client will be able to use any chosen password and, in order to sign up, the client will have to use a personal e-mail address. The e-mail account must be properly registered under the name of the client, thus becoming a user in this Web Service. Temporary e-mail addresses and accounts in which the data of the client is not registered will not be admitted.
After the creation of an account in Movibeta.com, the client will be able to designate permits to the users who have been assigned via e-mail, and to specify the scope of each permit. The users will have access to the data of the clients loaded in the Web Service. The Client recognizes and accepts exclusive liability for all the expenditures, acts and non-compliance of the users whom they have given a permit to. Each user who possesses a permit will have to assign themselves a password in order to have access to Movibeta.com.
The Client is responsible for using the tool provided by Movibeta.com in case they decide to revoke all or some of the permits previously assigned.
2.3 All the passwords must be confidential and the Client will be the only responsible for keeping such confidentiality and they will ask the users to keep the privacy of theirs.
The Client will immediately inform Movibeta.com if they acknowledge some unauthorized use of any of their passwords or the passwords of the allowed users and also when the client considers that a password may have been revealed to an unauthorized user. Movibeta.com may require (even though it will not be obliged to do so) the Client to confirm that all the Allowed Users should continue having the given access privileges and it can require the passwords to be changed after a certain period of time. 
The Client or any allowed user must immediately notify Movibeta.com of any change of client or allowed user registered in their e-mail addresses.
2.4 After the registration as user of the Web Service, the Client and the allowed users, if any, will have to pay for the volume of megabytes they have chosen to upload in order to start using the service.
2.5 The cost of the loads (calculated in accordance with appendage 1 about the charges of the service) will be paid before the clients upload the Data in the Web Service.
2.6  The data uploaded to the Web Service by the Client will be stored and will be accessed by the Client and the Allowed Users for the period of time contracted and paid an it will be possible to extend the service for another equivalent period of time, paying the corresponding charges. The price of the service Movibeta.com is detailed in appendage 1 named “Price of the service.” The files of the Client will be removed from the Web Service when the period of time expires, unless the file is renewed before the expiry date, without nuisance that the data will be kept in accordance with the precepts adopted from LOPD.
3. PRICES AND CREDIT CONDITIONS
3.1 The prices for the use of the Web Service will be described in appendage 1 dealing with “Price of the Service.”
The prices can be subject to amendment and Movibeta.com may eventually increase or reduce the prices of the Web Service, even the services that could have been previously provided free; though such an issue will have to be informed in advance in the Web Service. All the stated charges exclude VAT or any other kind of tax on added value. If the prices were to be modified, such changes will be described in the web site and appendage 1 will be modified with an addendum. 
3.2 The charges for the use of the Web service must be paid in advance through Paypal (with credit cards like Visa, Mastercard, etc.) and the credit available in the account will correspond to the value the client has assigned to it.
If the client would give back the charge from their card, Movibeta will have the right to cancel the access to the service and get not only the amount due but also the interests corresponding to the amount and the delay in the payment, applying the rate of the Money Interests in Spain plus an additional 4 %. The interest will be applied from the expiry date until the date of the final payment.
3.3 Mobiveta.com reserves the right to stop the access to the Web Service or to remove any data the Client may have uploaded in the site, without restraining the conditions described in item 6, if there is a debt on the part of the client in relation with any contract between the Client and Movibeta Distritutions S.L.

3.4 The payment will have to be done in the currency in which the service is billed (or quoted) to the Client by Movibeta.com in accordance with the pertinent rate applicable in the country from which the Client has access to the Web Service.

3.5 The Client must pay the whole of the invoices due to Movibeta.com and will not be able to exercise any right and pay partially.

4. CANCELLATION

4.1 The payment of the charges corresponding to each user will be required once they have been accepted by a Client or by any Allowed User in the Site.

4.2 The elimination of the “Files” on the part of an “Allowed User” will cause the deprivation of the permits to the access to the Files aforementioned by the Client as well as the rest of the Allowed Users.

5. DATA, RIGHTS AND DATA PROTECTION

5.1 The Client assures they keep a copy (back up) of all the files uploaded to the Web Service. All the copies must have a format that allows the recovery of relevant data of the clients in case of loss.

5.2 The Client accepts and understands that the personnel of Movibeta.com will have access to their Data in terms of maintenance and improvement of the system.

5.3 The Client will be the only responsible for the content of the data uploaded to the Web Service and they are committed to Movibeta.com that none of the data will contain a virus of any sort or contents that would infringe any copyright or any other rights of third parties, or violate any law of any country in the world. Movibeta.com has the right to remove any data of the client that is sensibly considered to contain any virus and/or to be violating any copyright or other rights of third parties, or to be violating any law of any country in the world because of its content.

Movibeta.com reserves the right to eliminate the data of the client at any time, for any reason and without previous notice.

Movibeta.com agrees and undertakes that the personal data belonging to the data file of the CLIENT, to which it will have access in terms of this contract, will be processed in accordance with the stipulations of Article 12 of the Organic Law 15/1999, dating from December 13th, on Personal Data Protection (Ley Orgánica de Protección de Datos, LOPD).

Movibeta.com agrees and undertakes to process the personal data accessed under the present contract:

Exclusively for carrying out the activities under the present contract in accordance with the instructions given by the CLIENT.

Without using or applying them for purposes other than those stated in the present contract, either to communicate, to transmit or to pass them, not even for their conservation, to other physical or legal persons.

According to the provisions in Article 9 of LOPD and the Royal Decree 999/1999 of Spain, dating from 11th June, which approves the Security Measures Regulations for automated files containing personal data (SMR), Movibeta.com will have to implement and adopt the appropriate and adequate security measures of technical and organizational nature, given the state of the technology, the nature of the stored data and the risks which they are exposed to, whether from human activity or from the physical or natural environment, to guarantee the security of the personal data which will be accessed to in terms of the present contract in order to avoid its unauthorized alteration, loss, processing or access. For the purposes of this contract and according to the characteristics of the personal data accessed by the CLIENT, the security measures will be taken on a basic level in accordance with Article 12 of LOPD and Article 4 of SMR.

Having completed the terms of the contract, Movibeta.com must destroy or, when appropriate, according to the instructions given in respect, return the personal data and all the media or documents containing data from the data file of the CLIENT, without retaining any copy of it and without any physical or legal person acknowledging the data.

In the case that Movibeta.com uses the data for other purposes, communicates or uses it in breach of the stipulations and terms of the contract, it will be considered completely responsible, responding to the violations committed, absolving the CLIENT of any responsibility regarding the application of all the rights and obligations imposed by the LOPD and its development regulations, in the activities covered by this contract.

According to Article 10 of LOPD, Movibeta.com agrees and undertakes to keep secret all the personal data that it acknowledges and has access to under the terms of this contract. Likewise, it will have to protect and prevent anyone other than MOVIBETA from having access to personal data.  

The Client acknowledges that Movibeta.com may aquire personal data related to the client and/or employees or contractors, and authorised users, in the course of the relationship with Movibeta.com. The Client consents to Movibeta.com, in accordance with the Law, regarding the collection, storage, processing and transfer of personal data. The Client consents to the transfer of such personal data by Movibeta.com in connection with an assignment or transfer of any assets of Movibeta.com and its disclosure to third parties in compliance with any law or order of competent authority.

The Client consents to clause 5 to themselves or possibly on behalf of employees or cantractors and authorized users. Moreover, they guarantee Movibeta.com that the Client has the authority to give such consent on the part of those people.
6. TERMINATION AND VIOLATION

6.1 Movibeta.com may, without limiting the rights and obligations of the Client, terminate in whole or in part, the Client’s (and all the allowed users) access to the Web Service, at any time, sending a previous written notice to the Client provided that:

6.1.1 The Client or any of the allowed users have violated any of the clauses and items of these terms and conditions or any other contract between the Client and Movibeta.com.

6.1.2 The Client is in bankruptcy protection or is deemed unable to pay their debts or have a resolution passed or proceedings commenced for the administration or liquidation (except for a voluntary liquidation for the purpose of reconstruction or merge) of their property, or in the case of having an administrator or liquidator appointed over all or part ot the assets of the company.

6.1.3 The Client has failed in making any payment or amount due to Movibeta.com according to these terms and conditions or in any other way.

6.2 The termination of the Client’s access to the Web Service will enable Movibeta.com to supress some or all the Data of the Client that has been uploaded to the site.

6.3 Movibeta.com reserves the right to stop providing the Web Service (totally or partially) at any time, but it will have to be informed to the client with a prior notice of two weeks. Movibeta.com will cooperate with the client to facilitate the transfer of all the data uploaded to the site during the notice period and will inform the client of any expense arising from the connection with such data trasfer. After the expiry of the notice period, Movibeta.com will have the right to remove any remaining data of the client stored in the Site.

7. SUSPENSION OF THE SERVICE

7.1 Movibeta.com may at any time, without previous notice and without having any responsibility for it to the client or to third parties, suspend any part of the Web Service and/or the access to the Web Service provided that:

7.1.1 Movibeta.com has the right to terminate the Client’s access to the Web Service according to clause 6 of this agreement;

7.1.2 Movibeta.com has to perform the maintenance, upgrading and/or corrections to the Web Service or the Site;

7.1.3 Movibeta.com is required to do so in compliance with a law, instruction or request of any government or other competent administrative authority.

8. RESPONSIBILITY

8.1 The Client, without limiting any other provision in this contract, agrees that:

8.1.1 To the fullest extent permitted by Law, Movibeta.com has no responsibility for breach of any express provision of these terms and conditions, or any of the implicit terms, warranties or conditions in this contract, including the liability for negligence (except that the results of such negligence end up in death or personal injury); 

8.1.2 Movibeta.com will not be responsible for loss of any kind under any circumstances (including damages for loss of profits, business interruption or indirect economic pecuniary loss of any kind);

8.1.3 Movibeta.com total responsability for direct losses suffered by the clients, as a result of a breach of the present contract by Movibeta.com and for which, regardless of any other provision in this contract, shall be liable, is limited to the amount payed by the client in terms of the rate of the use of the Web service during the immediate previous two months.

8.1.4 The amounts payed by the client for the use of the Web Service show the liability limit of Movibeta.com, and this amount is considered reasonable and necessary.

8.2 The Client will have to compensate Movibeta.com due to:

8.2.1 all the claims or legal proceedings iniciated against Movibeta.com arising from the acts and/or omissions by the client, employees or any authorized User, either by negligence or other attitudes;

8.2.2 any loss or damage suffered by Movibeta.com as a result of any action by persons that have unauthorized access to the Web services and/or to any data of the client or allowed user that is used by other people;

8.2.3 any loss or damage suffered by Movibeta.com as a result of any virus introduced by third parties in the site of the client or the computer system of any authorized user;

8.2.4 all the actions, claims, costs, expenses, charges and proceedings arising from any data of the client that may infringe the copyrights or other rights from third parties of any kind, that are defamatory or that violate the laws in any country in the world or any proceeding that may arise as a result of a breach of conditions 5,3 or 5,4.
8.3  However, and without limiting condition 8.1, Movibeta.com will not be responsible and will not have any liability to the client of any third party for:

8.3.1 any loss or damage resulting from any unauthorized person’s access to the Web Service, including the use of any password which has been granted to an unauthorized person by an allowed user;

8.3.2 the use or disclosure of the data of the client by a third party as a consequence of having obtained unauthorized access to the Web services or having intercepted the Data of the client as it is transferred between the client and Movibeta.com or other third party;  

8.3.3 any loss or damage resulting from any malfunction of the product because of the introduction of any virus in the computer of the client or through the software or links to our web services;

8.3.4 the removal of any data of the client while their access to the web service has been suspended or after the termination of the Client’s access to it, including any termination in accordance with condition 6.2.

8.4 The Client acknowledges that the use and the availability of the Web Service involves reliance upon third-party data carriers over which Movibeta.com has no control and, as a consequence (without limiting condition 8.1), Movibeta.com will not be responsible and will not have liability to the client or any third party for:

8.4.1 the loss or corruption of the data transferred to or from Movibeta.com;

8.4.2 the lack of availability of the Web service;

8.4.3 the impossibility of the client or any authorized user to access and use the Web Service;

8.4.4 any delay in the access to the data of the client that has been uploaded to the Web service, regardless of the cause that may have originated it. Moreover, Movibeta.com will not be responsible to the client or any third party for the interruption of the access or use of the Web Service provided a decision of any government, war, industrial action, accident, fire or other cause that is beyond Movibeta.com control.

9. OTHER SERVICES

9.1 These terms and conditions are applied only to the provision and use of the Web service and the independent terms are applied to the provision of all the remaining goods, services and facilities by Movibeta Distribuciones S.L.
10. OVERVIEW 

10.1 These terms and conditions and the contract itself constitute the entire agreement between the Client and Movibeta.com, to the extent that the relationship with the use and access to the Web Service is considered adequate and usual. These terms and conditions should not be used or are intended to avoid any responsibility by Movibeta.com regarding any misrepresentation caused to the Client at any time.

10.2 Movibeta.com reserves the right to modify these terms and conditions at any time. Any variation will be notified to the clients through the Site.

10.3 No failure, delay or indulgence by Movibeta.com in exercising any rights under these terms and conditions, should operate as a waiver and in no way undermines such rights, unless otherwise agreed in writing by a duly authorized representative of Movibeta.com.
10.4 Movibeta.com will have the free right to use the name of the client and the logos that identify them in connection with the advertising of the service, unless the client makes a written request specifying the contrary.

10.5 The Client will not use the name of Movibeta.com or any other trade name without the previous written consent by Movibeta.com.

10.6 The Client acknowledges and accepts that the use of the Web Service may be subject to export controls or regulations that they agree to comply with Movibeta.com.

10.7 If any of the provisions of these terms and conditions that apply to both parties or any other circumstance is tried by a court for being invalid or unenforceable, it will not affect the rest of the provisions of these terms and conditions or the validity or enforceament of these terms and conditions in general.  

10.8 These terms and conditions will not be applied to create an agency, joint venture or partnership between the Client and Movibeta.com.

10.9 Movibeta.com will have the right to appoint one or several sub-contractors to perform all or some of their obligations under these terms and conditions. These terms and conditions do not assure a third party the right to enforce any term of it and to avoid doubts, the Client and Movibeta.com do not intend that these terms and conditions can confer any benefits or be forceable by any third party.

10.11 The Client will not be entitled to assign, novate or dispose of all or part of these terms and conditions or their rights without the prior written consent of Movibeta.com. Movibeta.com will have the right to assign its agreement with the client and all its rights and obligations in accordance with these terms and conditions, either totally or partially.

10.12 The words “include” and “including” must not be interpreted restrictively.

10.13 The present terms and conditions will be governed and interpreted exclusively in accordance with the laws of Spain and will be subject only to the jurisdiction of  Spanish courts.

Appendix 1
With the Movibeta plan choosen, client and autorithed users will be able to upload, delete files till the Gb limit contracted.