1. Ownership of Website.
1.1. The website www.uwhisp.com (hereinafter “Website”) is owned by the Company You Whisp Company S.L, domiciled in Avinguda Diagonal 177-183, planta 12, edifici Imagina, 08018, Barcelona. Spanish Tax ID number B-65686065. Registered with Companies Registry in Barcelona, Volume: 42907; Book: 0, Page: 0095; Leaf: B-418443, 1st inscription.
1.2. In order to communicate with You Whisp in a direct way you may address to the following e-mail e-mail address: firstname.lastname@example.org
2.1. This website is intended to make the “uwhisp” application available to the general public, hereinafter the APPLICATION, facilitate the registration of USERS on our platform and detail the terms and use of the APPLICATION.
2.2. The APPLICATION can be downloaded or purchased in different versions and under different models of payment or subscription, which will be detailed in the relevant section.
2.3 Acceptance of these conditions ascribes to the person accepting these, the USER condition of the APPLICATION and implies full and unreserved acceptance of each and every one of the legal requirements in force at the time of the download of the APPLICATION.
3.1. Access to the Website and the contracting of the services offered by http://www.uwhisp.com targets people over FOURTEEN (14) years old.
3.2. To make use of the Services, those under that age must obtain permission from their parents, guardians or legal representatives, who will be responsible for all acts performed by children in their care.
4. Conditions of Use of the Application.
4.1 UWHISP grants the USER a license and establishment of the APPLICATION, whose main characteristics are detailed herein.
4.2 The APPLICATION will have different versions, some of which are detailed below:
4.2.1 In its free version, the APPLICATION allows the non registered USER, i.e. one that does not provide their personal data, audio playback; the registered USER, that is, one who has created an account and provided their personal data to UWHISP may also make recordings for up to twenty (20) seconds.
4.2.2 In the PREMIUM version, the APPLICATION allows the USER to develop other professional functions, subject to contracting of specific contractual conditions other than those provided herein.
4.3 The use of the application in its free form registered or not, requires downloading and installing the APPLICATION in the browser selected by the user. The installation process consists of three phases:
4.3.1. Download: The USER must select, in the corresponding section of the website, the browser for which to get the version of the application. If you do not select any browser, the system will detect the browser and download the version used for the same.
4.3.2. Installation: The installation of the application can be made manually or automatically. Where manual intervention of the USER is required it will be required in the installation process.
4.3.3. Configuration: The application will have a default configuration, determined by UWHISP. In some cases, the USER will be offered the possibility to modify some limited parameters of the settings. The USER can only modify the parameters offered by UWHISP.
4.4. Internet browsers and platforms that are compatible with the application are stated on the website of UWHISP.
4.5. The USER may formalize the membership and registration of the APPLICATION through the Website www.uwhisp.com or through the social networks Facebook and Twitter, of which the user is already a member. To register through the integrated platforms Facebook and Twitter, the user must have a personal account in any of these social networks.
4.7. The characteristic use of the APPLICATION is the recording and/or playback of audio files by users and/or third party providers of the same. Audio files will be stored and managed by UWHISP, who will determine the technical architecture of the platform, counting with collaborators, partners or third parties that are seen fit.
4.8. The text files are associated with a unique public web address or URL, which will be indexed and accessible to all Internet users, except where expressly stated.
4.9. UWHISP may in the future offer the possibility of accommodating private content with restricted access. In this case, that functionality may be subject to contracting a special license.
4.10. The USER accepts that the download of the APPLICATION can change your browsing experience as well as the image and the functionalities of the web sites visited, and UWHISP may incorporate advertising elements or third party content.
4.11 UWHISP may remove content in the APPLICATION that has existed for a period exceeding two years.
5. Rules for Use of the Application.
5.1. The USER undertakes to use the APPLICATION according to good faith and the rules in force in the Spanish legal system.
5.2. The user agrees to NOT include content in the APPLICATION that meet any of these requirements:
5.2.1 Content that is against the laws.
5.2.2 Contents with intellectual property rights that belong to a third party without authorization for publication.
5.2.3 Offensive content, threats or content involving serious abuse.
5.2.4 Contents offending against children or against property specially protected by Spanish law.
5.2.5 Content related to products whose advertising or promotion is governed by the laws or restricted to certain groups.
5.2.6 Contents of a professional or business character; use of the APPLICATION for professional purposes or hosting professional content.
5.2.7 Any other content that UWHISP consider harmful.
5.3. The application is offered for download and installation in the way that is available at all times. The USER agrees not to modify the application in any form, and not to circumvent, disable or in any other way interfere with security related features of the APPLICATION.
5.4 UWHISP has the right to delete and/or edit any content that infringes any of the rules and obligations described in these legal terms or that could be deemed inappropriate by UWHISP. The USER account responsible for these behaviours may be suspended or deleted without prior notice, by UWHISP.
5.5. Should the USER or any third party become aware of violations of the regulations described here or other regulations that might damage property, rights or protected interests, they should immediately contact UWHISP through the email address email@example.com indicating the alleged violation. UWHISP, after receiving the communication, will use the utmost care and diligence in the resolution of it.
5.6. USERS who, having downloaded the APPLICATION and not registered through one of the available channels, are subject to the same obligations provided herein, as all other USERS.
6. Data protection.
6.1. The personal data provided by the User will be part of a file owned by the company You Whisp Company, S.L, for the following purposes:
- Respond to your inquiries and requests
- Marketing, maintenance of this relationship and Service management
- Sending of commercial communications, both electronic and paper
- Management of recruitment processes (in the case of the "employment" section of the Website)
- Analysis of profiles and statistics
6.2. Uwhisp informs that it may transfer the data to the following:
- Google Analytics, Facebook, Twitter, with the purpose of analyzing user profiles, measurement of traffic data, content sharing, behavioral advertising, market research and analysis
- Tax Authorities, for the fulfillment of tax obligations, as well as financial institutions for the management of collections and payments.
- Municipal Offices Consumer Information, or any other local government, regional or state with responsibility regarding conflicts with consumers.
- Courts, Security Forces according to the requirements imposed by data protection Legislation
6.3. By submitting your data, you consent to include your data in the previous file according to the above purposes.
6.4. You can exercise your rights of access, rectification, cancellation, opposition, sending a letter and enclosing a photocopy of ID to the following address: You Whisp Company S.L, Avenida Diagonal, 177-183, planta 12, Edificio Imagina, 08018, Barcelona or by sending an e mail to: firstname.lastname@example.org attaching ID.
7.1. "Cookies" are small text files that are stored on the user's computer when you visit websites. The application is very useful for these sites to work more efficiently: for example, if a user selects their preferred language in the "home", the website will remember this preference and the user can continue browsing the website in the language.
7.2. Cookies can be divided into "cookie of origin" and " third party cookie":
• "cookie origin" created by the data controller that operates the Web site, in this case Uwhisp as owner of the website www.uwhisp.com
• "third party cookie": created by data controllers not operating the website visited by the user , ie Uwhisp third companies .
The website uses the following "cookies ":
|Login (Origin cookie)||It is used to identify registered users of Uwhisp. It is necessary to avoid requesting username and password on every website you access in Uwhisp||Expires at the end of the session. However, the user can choose to "remember" your login, then add a persistent cookie. Expires after a month|
|Performance cookies (Third Party cookie)||They are used to store technical data necessary to improve web site performance. It includes information related to the browser and the user device||Expires at end of session|
|Google Analytics (Third Party cookie)||Analysis of user profiles, traffic data measurement||Google controls the expiration date of these cookies. Usually they expire after a month|
|Facebook (Third Party cookie)||Exchange of Uwhisp contents through Facebook, behavioral advertising, market research and analysis||Facebook controls the expiration date of these cookies. Usually they expire after a month|
|Twitter (Third Party cookie)||Exchange of Uwhisp contents through Twitter, behavioral advertising, market research and analysis||Twitter controls the expiration date of these cookies. Usually they expire after a month|
7.3. Uwhisp understands that by the user's navigation through the Web Site he has been informed and consents the previous installation of "cookies" on his computer.
7.4. User may customize the use of "cookies" and prevent the collection of "cookies" by modifying the browser settings of the user, among the most common:
• Firefox: Options \ Privacy \ Tracing \ inform the websites not to be tracked
• Chrome: Chrome Menu \ Settings \ Show Advanced Options \ Privacy \ Content Settings \ Cookies \ block cookies by default
• Safari: Preferences \ Privacy \ Block Cookies
• Explorer : Tools \ Internet Options \ Privacy \ Settings \ move the slider to the top to block all cookies or completely down to allow all cookies , and then click OK.
7.5. To completely block "cookies ", can prevent certain websites display correctly.
8. Link Policy.
8.1. The Website makes technical linking devices (links, banners, buttons, etc.), directories and search tools available for Users, thereby allowing them to access websites belonging to or managed by third parties, (hereinafter referred to as "Linked Sites"). The sole purpose of installing these links, directories and search tools is to assist the User in searching for and accessing information, Content and Services available on the Internet.
8.2. Search results are provided directly by third parties and are the result of the automated operation of technical mechanisms, as a result Uwhisp cannot control or supervise these results and, in particular, nor can it control or supervise the appearance of Internet sites whose content may be deemed to be in violation of generally accepted principles of morality or considered inappropriate for whatsoever reason. In the event that a User considers that any site included in search results contains illegal activity or information and is interested in requesting the removal of the link, the User may initiate proceedings by contacting Uwhisp via the following e-mail address: email@example.com
8.3. Uwhisp does not offer or market the information, products or services available in the Linked Sites itself or by way of third parties, nor does it control, supervise, or provide prior approval of the products, services, contents, information, data or any other type of material appearing on these Linked Sites.
8.4. Uwhisp does not warrant or assume any responsibility for any damages of any kind which may be incurred as a result of:
(a) the performance, availability, accessibility and continuity of Linked Sites;
(b) the maintenance of information, content and services available from Linked Sites;
(c) the provision or transmission of information, content and services available from Linked Sites;
(d) the quality, legality, reliability and usefulness of information content and services available from Linked Sites
9. Intellectual Property.
9.1. Uwhisp owns the rights of intellectual property, or has obtained relevant permits or licenses for exploitation, domain name, trademarks and logos, application, or treated information obtained through the Website, computer programs and other works and inventions related to the Website and the technology associated with it, as well as its contents.
9.2. The contents of this web site, including designs, applications, text, images and source code ("Content") are protected by intellectual property and industrial rights.
9.3. Content may not be used, reproduced, copied or transmitted in any form without the prior written and explicit consent by Uwhisp.
9.4. Uwhisp grant Users a site license and non-commercial use of the Application, on a limited and unlimited period , assuming no in any case, to the user, to change or redistribution of the Application. Usage limits, and economic time application may vary depending on the versions of the Application and may be updated regularly by the user.
9.5. The User is solely responsible for the content posted on the Application, stating that it has all necessary consents and authorizations for content publishing, thus exonerating Uwhisp from any responsibility.
9.6. The User grants Uwhisp a free, non-exclusive , universal, without temporal or geographic limitations on the contents recorded or incorporated through the application, use and exploitation for publication, modification, transformation, compilation, publication and exploitation any form .
10. Release of liability.
10.1 Uwhisp is not responsible for the transmission of the negative results of the use, installation or execution of the application caused to your PC, your browser or social networking accounts maintained by the user, which are caused by the act or omission third party or by improper use of the Application by the User.
10.2. Uwhisp shall have no liability whatsoever for the content of other Web sites that are not of ownership , which can be accessed through a link www.uwhisp.com or generated from content created by a user or any third party, not having the ability to monitor the legality of the content of the same at all times.
10.3 Uwhisp is not responsible for the information or content generated by users using the Application or in connection therewith.
10.4 Uwhisp does not guarantee the availability , integrity and enforceability of the application for free, on the User's computer or correct integration with all web sites that allow text input through an own functionality .
10.5 Uwhisp assumes no responsibility regarding the accuracy, completeness or legality of content created by PREMIUM USERS, published in the form of recordings, advertisements, links or promotional messages.
10.6 Uwhisp assumes no liability for changes in user interface, upgrade your browser recommending if you have difficulties.
11. Governing law and Jurisdiction.
11.1. The User contraacts with Uwhisp subject to the regime at all times set by the Spanish regulations applicable to the services provided by Uwhisp under this Disclaimer.
11.2. Uwhisp and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the User for any dispute arising from this legal notice.