Last revision 06/22/2024
I.- ABOUT
In this space, the user will be able to find all the information related to the legal terms and conditions that define the relationships between users and Chincheto, as responsible for this website.
J.PABLO GIL, with NIF 22146310r (hereinafter “Chincheto”) is the owner of the services offered on the website www.chincheto.com, its subdomains and sections (hereinafter “Website”) .
The use of the services of the Website attributes to the person who uses it the status of user thereof (hereinafter, “User”) and implies full acceptance of these Terms of Use. If not In accordance with all or part of these Terms of Use, the User must refrain from using the Services offered. As a User, it is important that you know these terms before continuing your navigation. As responsible for this website, Chincheto assumes the commitment to process the information of our users and clients with full guarantees and comply with the national and European requirements that regulate the collection and use of the personal data of our users.
See thePrivacy Policy
This website, therefore, strictly complies with the RGPD (REGULATION (EU) 2016/679 on data protection) and the LSSI-CE Law 34/2002, of July 11, on information services information society and electronic commerce.
II.- Object of the service
The User may, through the Services offered, create, save, publish, share, search and consult content, comments and other related information about your own travel experiences or the experiences of third parties. The User may also make evaluations on different aspects that have affected their own travel experiences, as well as give their evaluations on other experiences, advice or recommendations that appear published on the Website. Hereinafter, all of these services are referred to as the “Services”.
III.- Need for Registration
In order to use certain functions of the Services, the user must create an account, creating a username. username and password. The user will be asked to activate it by means of a confirmation email. When creating it, the information provided must be complete, accurate and truthful. The User is solely responsible for the activity that occurs in the created account. You must protect it at all times and keep your contact information updated, assuming any damage or harm that may occur due to improper use of it. The User must not allow access to other users through their account nor must they make use of the account of other users. If the User suspects that any other user is using their account, they must inform Chincheto of this fact. Chincheto may suspend or cancel a User account if it understands that the Terms of Use are breached.
IV.- Terms of Use
These Terms of Use regulate the use (including mere access) of the pages that make up the Website, including the contents and Services made available. disposition in them. Every User who accesses the Website agrees to be bound by the Terms of Use in force at all times of the Website.
The User is authorized to use the Services in accordance with the law, morality, public order and these Terms of Use. Likewise, you are obliged to make appropriate use of the Service and not to use it to carry out illegal activities or activities that constitute a crime, that violate the image, interests and rights of Chincheto or third parties, or that infringe any norm of the legal system. or that could damage, disable or overload the Website (www.chincheto.com) or prevent, in any way, the normal use of the website. The use of the Services by the User for any purpose other than their personal use, such as for example, commercial, lucrative or business purposes.
By way of example and in no way limiting or exclusive, the User is obliged to:
(i) Not to impersonate other Users or disseminate the account access data or password to a third party without the consent of Chincheto
(ii) obtain or attempt to obtain the contents of the Website using means or techniques other than those that involve the usual form of use or those expressly authorized by Chincheto
(iii) Do not transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form
(iv) Regarding the contents of this website, it is prohibited: Its reproduction, distribution or modification, in whole or in part, unless there is authorization from its legitimate owners; Any violation of the rights of the provider or the legitimate owners.
Chincheto reserves the right to block access, either temporarily or permanently, to Users who violate any of the rules established in these Terms of Use, the law or morality. Likewise, a User may be excluded from this when Chincheto considers that said User makes use that may affect the quality or safety of the service of other users.
The User undertakes to hold Chincheto harmless against any possible claim, fine, penalty or sanction that may be required to be borne as a result of non-compliance by the User with any of the aforementioned usage rules, Chincheto also reserving the right to request compensation for corresponding damages.
VI.- Translation service. Terms of Use
The Website offers a translation service to make Experiences and other User Content available in additional languages. This service is offered solely for the convenience of the User and uses Google Translate translation software. They are carried out and reasonable efforts to facilitate a correct translation. However, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to Users of the Website and are provided “as is”. No warranty, express or implied, is made regarding the accuracy, reliability or correctness of any translation. Some content (such as images, videos, Flash, etc.) may not be translated correctly as a result of the limitations of the translation software. The original language of the translated content will be the one in which the User who authored it has published it on the Website. Any discrepancy or difference created in the translation is not binding and has no legal effect for the purposes of compliance or execution of an obligation. If you have any questions regarding the accuracy of the information included in the translation, please go to the original version of the content published by the User who authored it on the Website. THIS SERVICE MAY INCLUDE TRANSLATIONS DONE THROUGH GOOGLE. GOOGLE DISCLAIMS ANY WARRANTIES REGARDING THE TRANSLATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ACCURACY, RELIABILITY OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, VALIDITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Data personal information that we collect and how we do it
See the Privacy Policy
VII.- Third-party content and services linked from the Website
The Services may contain hyperlinks, directories and even search tools that allow the User to access websites managed by third parties other than Chincheto (hereinafter, “Third Party Sites”). These hyperlinks are provided for your reference only and the User acknowledges and accepts that access to the Third Party Sites will be under their exclusive risk and responsibility and exonerates Chincheto from any liability for possible violations of intellectual or industrial property rights of the owners of the Third Party Sites.
Likewise, the User exonerates Chincheto from any responsibility for the technical availability of the linked web pages, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents. to which the User can access. The User must take the necessary precautions to guarantee that the links are free of harmful elements such as viruses, worms, Trojan horses, among others. In these cases, Chincheto will only be responsible for the contents and services provided. on the Third Party Sites to the extent that you have actual knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Third Party Site with illicit or inappropriate content, they may notify Chincheto, without in any case this communication entailing the obligation to remove the corresponding link. In no case should the existence of Third Party Sites presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of Chincheto with the statements, content or services provided. Chincheto does not know the contents and services of the Third Party Sites and, therefore, is not responsible directly or indirectly for damages caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of Third Party Sites or for any other damage that is not directly attributable to Chincheto.
VIII. Rules on User Content
Through the Services, the User can:
Create, save, host or share content related to their travel experiences, through the Site Web and allow other users to view the aforementioned content. This content may be composed of photos, videos, opinions and comments (hereinafter “User Content”)
The User by publishing the User Content explicitly agrees not to publish, upload, transmit, distribute, store, create or otherwise publish through the Services Content you own that meets any of these criteria: 1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or encourages harassment of another person), intimidating, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
2. Provides instructions for carrying out illegal activities, such as making or purchasing illegal weapons, violating people's privacy, and providing or creating computer viruses.
3. Impersonates another person or entity, or otherwise misrepresents your affiliation with such person or entity, including Chincheto's own company.
4. It is private information of third parties, such as postal addresses, telephone numbers, email addresses, social security numbers or credit card numbers.
5. Includes or is intended to provide viruses, corrupted data and other harmful, disruptive or destructive files.
6. Likewise, it must be relevant, respect at all times the rights of third parties, not be contrary to laws, morality and public order and comply with these Terms of Use.
7.The User declares and guarantees that he is the owner of the published content or that it has the licenses, intellectual property rights, industrial property rights, consents and permissions necessary to publish it and use it in any way as authorized in these Terms of Use.
8. User Content must not include advertising or promotional material, nor be used to disseminate advertising or for profit or personal benefit, unless there is an express agreement to do so.
9. The User Content must comply with the conditions and technical requirements established at all times by Chincheto
Chincheto is limited to hosting the User Content. Consequently, Chincheto does not edit, select, examine, control, guarantee, approve or identify with the User Content in particular and without limitation, Chincheto does not guarantee that the User Content is accurate, current, legal, suitable for a specific purpose or Users or that it does not constitute a breach of any applicable regulations or an infringement of third party rights, and it is the User's responsibility to ensure that Its use does not pose a risk or the performance of an illegal activity. Specifically, in accordance with Law 34/2002 on Information Society Services and Electronic Commerce, Chincheto as a provider of information society services to through the Website nor supervises the User content nor can it judge the content included by the Users.
If you wish to make any query in relation to the User Content or believe that it infringes any right, that does not comply with these Conditions or that it is inappropriate, you can do so as follows:
1.You can directly and at any time select the option 'flag as inappropriate' on the Website
2.Contact Chincheto at the email address indicated at the end of these Conditions.
Although Chincheto has no obligation to examine, edit or monitor User Content, it reserves the right, in its sole discretion , to remove, examine, translate or edit without notice any User Content posted or stored on the Services at any time and for any reason, or to request third parties to perform such actions on your behalf. The User is solely responsible for creating backup copies of the User Content that he or she posts or stores on the Services, and for replacing it, at his or her own risk. Any use of the Services in violation of the above also violates the terms hereof. Agreement and may result, among other consequences, in the termination or suspension of your rights to use the Services generally.
Security Measures
Personal data communicated by the user to Chincheto may be stored in automated databases or not, whose ownership corresponds exclusively to Chincheto, assuming all technical, organizational and security measures that guarantee the confidentiality, integrity and quality of the information contained. in them in accordance with the provisions of current data protection regulations. Communication between users and Chincheto uses a secure channel, and the data transmitted is encrypted thanks to https protocols, therefore, we guarantee the best security conditions. so that the confidentiality of users is guaranteed.
IX.- Intellectual and industrial property rights
By virtue of the provisions of articles 8 and 32.1, second paragraph of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making it available, of all or part of the contents of this website, for commercial purposes, in any way, are expressly prohibited. support and by any technical means, without the authorization of .Chincheto. The user agrees to respect the Intellectual and Industrial Property rights owned by Chincheto.
The User knows and accepts that the entire website, containing without limitation the text, software, contents (including structure, selection , arrangement and presentation thereof) podcast, photographs, audiovisual material and graphics, is protected by trademarks, copyright and other legitimate rights, in accordance with international treaties to which Spain is a party and other property rights and copyright laws. Spain. In the event that a user or a third party considers that a violation of their legitimate intellectual property rights has occurred due to the introduction of certain content on the website, they must notify Chincheto of this circumstance indicating:
1 . Personal data of the interested party holder of the rights allegedly infringed, or indicate the representation with which he acts in the event that the claim is presented by a third party other than the interested party.
2. Indicate the contents protected by intellectual property rights and their location on the web, the accreditation of the intellectual property rights indicated and an express declaration in which the interested party is responsible for the veracity of the information provided in the notification
Chincheto prohibits the extraction and/or reuse of all or a substantial part of the content of the Website. Chincheto also prohibits the extraction and/or reuse of non-substantial parts of the content of the Website when they involve or cause unjustified harm to the legitimate interests of Chincheto. The User is authorized only to access and use the Website, and the Services and to download retain its contents for mere personal and non-commercial or collective use. Except in those cases in which it is expressly authorized, the User is expressly prohibited from reproducing or distributing for other purposes, as well as the transformation, creation of derivative works of any type, public communication, making available, extraction, reuse or any use. of the Website, the Services or any of its parts. The User will remain the owner of the rights to the User Content that it stores or publishes through the Services
When storing or publishing any User Content, the User grants Chincheto, which it accepts, a non-exclusive license , free of charge, with the power to sublicense to any third party, with a worldwide territorial scope, during the entire period of validity recognized by them under the applicable regulations, for:
1. Access, use, host, reproduce, modify, transform, update, translate, publish, distribute, delete, incorporate or make available the User Content, in whole or in part, through the Website, Applications or Services
2. The adaptation and creation of derivative works from the User Content.
3. The use of the User Content in relation to other content.
4. Carrying out the technical or maintenance activities necessary to comply with the above.
The User guarantees that he is the owner of all necessary rights to the User Content for its storage and publication through the Services and for the granting of the above license or that he has obtained all transfers of rights, licenses, permits or consents. Likewise, when this results from the conditions set by the User in the registration procedure or in the management of their account, the User authorizes Chincheto to publish and use in accordance with these Conditions all information related to your account that the User has agreed to publish. The User acknowledges that their username will be public in any case.
X.- Exclusion of guarantees and liability
Chincheto does not grant any guarantee nor is it responsible. , in no case, for damages of any nature that may arise from:
1.The lack of availability, maintenance and effective functioning of the website, or its services and contents for reasons beyond the control of Thumbtack;
2. The existence of viruses, malicious or harmful programs in the contents;
3. Illegal, negligent, fraudulent or contrary use to this Legal Notice;
4. The lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and made available to users on the website.
5. Chincheto is not responsible under any circumstances for any damages that may arise from the illegal or improper or contrary use by the User of these Conditions.
6. The use that the User makes of the Service or due to the state, origin, possible inaccuracy, or possible falsity of the data provided by another User
7.Any other assumption beyond the control of Chincheto
The User accepts that THEY USE THE SERVICES AT THEIR OWN OWN RISK AND that, to the extent permitted by applicable regulations, Chincheto will not be LIABLE IN ANY CASE FOR ANY TYPE OF HARM OR DAMAGE, of any kind, excluding in all cases liability. for lost profits. that is generated by the use of the Website or the Services by the User. The User will be responsible for the damages and losses that arise to Chincheto as a consequence of his use of the Website, and the Services in breach of these Conditions and will be undertakes to hold Chincheto and its administrators, staff, agents and representatives harmless from any liability that they may incur as a result of said breach by the User. The User Content published and stored on the Website and all the information contained therein same (data, texts, sounds, photos, graphics, videos, or other materials included therein) are the exclusive responsibility of the User who stores or publishes it except in the cases expressly provided for in the Law.
XI.- Applicable law and jurisdiction
In general, the relations between Chincheto and the User of the Website and the Services are subject to Spanish legislation, courts and jurisdiction.
XII.- Contact
In the event that any User has any questions about these Legal Conditions or any comments about the Website or the Services, please contact to:
CHINCHETO
Postal address:Avda Reyes Católicos,48,º5. 46460 Silla (Valencia)
Email:soporte@chincheto.com
On behalf of the team we form, we thank you for the time spent reading this Legal Notice