Introduction and information about TheRanking.com
These general terms ("Terms of Service") set out the applicable warnings, terms and conditions for using the technical media of the websites hosted under the domain names of www.theranking.com and www.rocktherank.com (media collectively known as "TheRanking.com)", that Next Chance Stocks, S.L. ("Next Chance" or "we") makes available for users on the Internet ("Users").
Next Chance (Next Chance Stocks, S.L.) is a Spanish limited liability company with tax identification code B-86079407 and is registered in the Madrid Commercial Register; vol. 28.312, folio 0, sheet 61, section 8.
The contact details for Next Chance are as follows:
Address: Paseo de la Castellana, 259 ?D Planta 43 Sur, 28046 ? Madrid, Spain.
E-mail address: firstname.lastname@example.org
Services available at TheRanking.com. Services and products offered by third parties
2. TheRanking.com is a Web platform designed to facilitate the exchange of opinions and useful or entertaining information, which is always respectful and non-offensive.
The users will carry out this exchange principally by taking part actively and spontaneously in the configuration and communication of classification lists (herein "rankings"), which are created either by Next Chance (official area) or by Users (rest of the areas).
Users take part in that configuration, by means of, (among others):
(i) creating rankings;
(ii) casting votes;
(iii) publishing information and opinions relating to rankings or the opinions and comments of other Users or of TheRanking.com.
Users participate in sharing rankings, opinions and comments by means of the use of devices which allow for these to be shared with other Users, on the website and elsewhere.
For the purposes of these Terms of Service, "User Content" designates each individual and set of data, information, declarations, opinions, content, materials of any kind (graphics, audiovisual, sound, etc.) or similar that Users post, store, communicate or make public on TheRanking.com by means of the tools put at their disposal (for example, their votes, their comments, their files or the items which they create in relation to the rankings, etc.).
TheRanking.com will also make other features available to Users which shall be governed by, in addition to these Terms of Service, by the terms set out for each feature. These features could include, among others, allowing Users to access offers from other companies and traders which are different and independent from Next Chance, which will be valid for the period, territory and terms indicated and which shall be governed by the terms set out by those companies and traders. Next Chance does not provide any of those services offered, and is not the manufacturer, supplier nor distributor of the products offered, and accepts no responsibility for them.
The offers, advertisements and features which are made public or made available by those independent companies and traders shall be referred to as "Third Party Content".
3. Position and responsibility of Next Chance in relation to TheRanking.com to the users on its own initiative and only and exclusively to promote and allow the free and responsible exchange of ideas, opinions and information.
However, with respect to the rest of the Content, including User Content or Third Party Content, Next Chance is solely a supplier of intermediation services for storage and providing search tools and a link to them, so that Users, under their own responsibility and of their own volition, may carry out those activities of interest such as the creation, publication, viewing, search for or use, as appropriate, of User Content or Third Party Content.
Users should be aware that Next Chance does not create, control or determine either User Content or Third Party Content, and does not assume any obligation to supervise them. This content is freely and independently created, stored, published and shared by the Users or the companies or traders that participate in TheRanking.com and under their own responsibility.
Next Chance solely provides the Users and the companies or traders that participate in TheRanking.com with the necessary technical media so that they can carry out these actions.
On the basis of the above, Next Chance assumes no responsibility for the User Content or Third Party Content. However, the Users shall be able to and should report any irregularities or infringements that they detect in the content to Next Chance via the system established in these Terms of Service for this purpose.
In the case of Third Party Content, such as offers of products and/or services, their procurement shall be subject to the acceptance of the general and/or additional terms set out by the corresponding company or trader. Next Chance assumes no responsibility for the provision of the service and/or delivery of the product, as a direct and exclusive legal relationship is established between the User and the company or trader. Therefore, the User shall refer any complaint directly to the company or trader without prejudicing their ability to report the facts to Next Chance for them to be taken into consideration, if appropriate.
TheRanking.com is not directed at minors under the age of 14 years. IF YOU ARE UNDER THE AGE OF 14 YEARS, DO NOT USE THIS WEB PAGE., DO NOT REGISTER OR GIVE US ANY INFORMATION AT ALL ABOUT YOURSELF OR ANY OTHER PERSON (NEITHER FRIENDS, NOR FAMILY, ETC.).
5. Acceptance of the Terms of Service
Using TheRanking.com (even if as a business or a trader under contract with Next Chance) automatically implies the User?s full acceptance, without exception, of all these Terms of Service according to the version currently published by Next Chance. Consequently, the User should periodically read the Terms of Service in order to find out about any modifications which may be made without notifying the users.
In addition to the Terms of Service, the Users shall also be bound by other general and/or additional terms which they subscribe to with respect to the use of certain resources and/or content which is made available to them on TheRanking.com.
The set of terms and conditions which results from the Terms of Service and the various general and additional terms applicable to every User in respect of TheRanking.com will be referred to as the "Contractual Relationship".
In case of any contradiction between the additional terms and the general terms, then the additional terms shall take precedence over the general terms stipulated.
TheRanking.com is freely accessible, and therefore it is not necessary to register in order to view or navigate the website. Registration shall be necessary for Users that wish to use TheRanking.com tools (for example, voting in rankings, creating public or private rankings, accessing certain content, etc.). The collection and processing of personal data will be in accordance with these Terms of Services and also as set out in the Privacy and Data Protection Policy which can be seen by following this link http://www.theranking.com/es/about/privacy.
7. Free of charge
Using www.theranking.com is free of charge except in the case of a specific service or feature according to the applicable additional conditions that the User, company or trader shall accept.
8. Responsible use of www.theranking.com, on own account and for non-commercial purposes.
The Users of TheRanking.com shall do so in their own name and on their own account, entirely at their own risk and for personal use.
The Users shall not use www.theranking.com for lucrative, promotional or commercial purposes, whether by promoting their own establishment or services to the detriment of others. An exception to this condition is the commercial promotion by those companies or traders that have received prior and express authorisation from Next Chance by virtue of the corresponding contract.
9. User Content Licence
In general, Next Chance does not "use" either User Content or Third Party Content. It solely provides the technical media in order that the Users may use and access the content in TheRanking.com ("General Use"). Even so, it may be necessary for Next Chance to hold a licence for use of content in order to provide its intermediation services and, in any event, it is appropriate that the Users be forewarned of this possibility.
However, in exceptional circumstances, Next Chance may see fit to use the User Content and modify, augment, develop and make use of it in http://www.theranking.com in rankings, areas or content aside from where they were initially used by the Users or for the purposes of promoting http://www.theranking.com, including outside the website and in other media and formats ("Own Use"). The result of those modifications to the User Content by Next Chance shall be regarded as Official Content.
For this reason and insofar as it may be necessary to comply with the Contractual Relationship, for General Use or for Own Use, Next Chance shall be able to exercise, all over the world and for the full length of its duration, all the intellectual property rights (including those for reproduction, distribution, public communication or transformation), industrial, image or any others relating to the User Content provided by the User ("Licence").
The Licence for General Use will end when the User terminates his/her account or specifically requests the removal of certain User Content of which they are the owner. However, despite what has been stated previously, the Licence for General Use also allows for a security copy of said User Content to be kept after its removal from www.theranking.com insofar as it is necessary or appropriate in order to prove compliance with legal obligations by Next Chance or by a User or in order to collaborate with public authorities for the maximum period dictated by the legal obligations. In addition, the User?s termination of an account or removal of User Content will not affect the rights of Next Chance to the Official Contents which have been developed under the Own Use Licence, and these contents can be exploited for the full duration of the legal rights over them, except in case of the revocation of authorisation with respect to those personal rights as outlined in the Law.
The User guarantees Next Chance that they have all the necessary rights to grant the Licence and that the use of the intellectual and industrial property rights, image or the corresponding format in accordance with the provision of the Terms of Service does not constitute any infringements of the law, does not violate the rights of any kind of third party, does not constitute the non compliance of obligations to third parties nor does it constitute an act of unfair competition.
The User accepts that the User Content which is stored in www.theranking.com via the tools that are put at its disposal or that, in general he/she uses or facilitates in www.theranking.com will in general be visible, at their own risk, in www.theranking.com so that the rest of the users can interact with them via the tools on the website (making comments, highlighting them, sharing them with others, etc.). And this is without prejudice to any restriction that the User can set by means of a device for this purpose.
In relation to the User Content, the Users accept and guarantee that:
9.1. They are the legal owners of said User Content and that, in case of the ownership being of a third party, they have gained prior express permission for its publication and use in TheRanking.com and for the Licence;
9.2. User Content that is not owned by the User, and for the use of which prior permission has not been gained from the owner, is content which is subject to a Creative Commons licence or similar which can be used in www.theranking.com in accordance with the terms stipulated in its usage licence.
9.3. User Content does not contravene current legislation with regard to rights of honour, own identity and/or the privacy of third parties;
9.4. User Content does not contravene the current legislation with regard to the intellectual and industrial property rights of third parties.
The Users undertake to verify beforehand that the User Content can be legally reproduced, made public and used in www.theranking.com in accordance with the Licence. In case of doubts existing around the diffusion of such User Content, Users of TheRanking.com are recommended by Next Chance to avoid using such User Content.
In case of non-compliance or risk of non-compliance, Next Chance reserves the right to take any necessary actions which shall include suspension or cancellation of the User Content or of the User?s account, or any other necessary actions.
10. Next Chance?s intellectual property
Next Chance has exclusive ownership of the intellectual and industrial property rights, as well as any other existing or potential rights to www.theranking.com and the resources, databases, elements and tools, by which means it operates, including its structure, organisation and configuration (including the Official Content), without prejudicing the rights of the Users to the User Content, which will continue to be under the ownership of the User in accordance with Term of Service 8, and of any content subject to Creative Commons licences or of any third party (like "Third Party Content").
Neither using TheRanking.com nor subscribing to the pertaining contractual terms grants a licence or gives any permission for use of the rights described in the previous paragraph, except as far as strictly necessary for the use of http://www.theranking.com in accordance with the Contractual Relationship. It is especially prohibited to carry out any kind of reproduction, public communication, distribution, modification or any other action for the exploitation of the Content, databases, software or similar of http://www.theranking.com, whether partially or entirely, without the prior express permission of Next Chance.
11. User obligationshttp:// The User is obliged to use TheRanking.com in accordance with these Terms of Service and in strict observance of applicable legislation and respect for the rights of third parties, and shall also assume the following obligations to:
11.1. Only create and use a user account associated with a user name which will be public all over TheRanking.com and will identify for all intents and purposes their operations on the website. The user account shall be managed only by using the password or any other security measures available on TheRanking.com. The User shall create and keep this password or these security elements confidential.
11.2. Keep the password and any other security measures that could result in identity theft confidential, and in case of suspicion of any threat, for this to be reported without delay to Next Chance and shall proceed to update or replace them entirely in order to avoid any unauthorised use of the user name or account.
11.3. Abstain from using any data, information or User Content which is accessible in TheRanking.com for purposes other than those on TheRanking.com, according to the Contractual Relationship.
11.4. Abstain from directing any kind of offers or commercial proposals to the Users (except in the case of a company or trader which has been given express permission by Next Chance under contract).
11.5. Assume full responsibility for any actions and User Content carried out by or attributable to your User name or account, unless Next Chance has been advised with due warning of an incident which puts the confidentiality of your password at risk, that you have taken the necessary measures to prevent any unauthorised use in accordance with these Terms of Service and that there are clear signs that this action has not been carried out by the User.
11.6. Provide Next Chance and the rest of the Users with data and information that are true, authentic and legitimate.
11.7. Not use TheRanking.com to carry out activities which are against the law, immoral or threaten public order. Specifically, the User will abstain from, including and not limited to, the following actions:
11.7.1. Carrying out activities which contravene legislation regarding money laundering or terrorism;
11.7.2. Carrying out any activities which contravene or are an infringement of fundamental rights and public liberties which are recognised constitutionally, in the international treaties that Spain has signed up to or in other legal codes;
11.7.3. Making any declarations that are defamatory, false, denigrating, violent, deceitful, pornographic, or threaten public order, are immoral or go against good practice;
11.7.4. Transmitting any communications which induce or could promote actions or attitudes which are discriminatory based on race, sex, sexual orientation, religion, beliefs, age or personal capacity;
11.7.5. Transmitting any communications which constitute illegal, misleading or unfair advertising and, in general represent unfair competition;
11.7.6. Carrying out any modifications to User Content that could unexpectedly alter the results of the votes, declarations and opinions posted by the User or other Users in respect to original User Content (for example, changing the title of a ranking created by the User, making it look like the votes, declarations and opinions posted in relation to the previous title apply to the modified one, etc.).
11.8. The User shall abstain from using any technical tools or computer applications which may impede or hinder the normal operation of TheRanking.com or damage any of the tools and technical which are devices integrated in TheRanking.com or of any others belonging to Next Chance or to Users.
11.9. The User shall abstain from using any technical tool or computer application which may allow for the mechanised or otherwise extraction of data or content hosted or stored on, or accessible via TheRanking.com.
12. Exclusion of obligations and warranties
Next Chance does not assume any contractual obligation other than the one derived from these Terms of Service and makes no warranty to the User. Next Chance refuses to accept any responsibility for, including and not limited to, the following:
12.1. the correct, continuous and uninterrupted functioning of TheRanking.com, that Next Chance shall, at its own discretion, discontinue at any time without prejudice to the additional contractual commitments which are assumed in return for remuneration and by virtue of additional terms, different from those in these Terms of Service.
12.2. the accuracy of the sponsored content on TheRanking.com, this being the responsibility of the advertiser or sponsor.
12.3. that TheRanking.com shall adequately meet the needs and expectations of the Users.
12.4. the level of satisfaction, earnings or profitability or the lack of losses or damages for the User as a result of using TheRanking.com.
12.5. the truthfulness, accuracy and validity of the data relating to the Users.
12.6. the solvency, and technical, commercial, moral or financial reliability of the Users.
12.7. the appropriateness, accuracy, truthfulness and validity of the User Content.
12.8. the accuracy of the information supplied by companies or traders with respect to the products and/or services that they provide via TheRanking.com and Third Party Content.
12.9. the conclusion, performance or regularity of the contracts or agreements established between the Users or with the companies and traders that participate in TheRanking.com.
12.10. the satisfactory storage, the preservation or not losing the User Content. 13. the neutral, independent and separate stance of Next Chance in relation to the Content and relationships of the Users and possible measures.
13.1. Next Chance does not create, formulate, make their own or control User Content or Third Party Content, which is created, stored, used and/or made public by the Users, companies or traders, at their sole risk. For this reason, Next Chance has no obligation to supervise this content before or after its storage on TheRanking.com.
13.2. Notwithstanding the above, Next Chance shall be able to:
13.2.1. remove, cancel and/or report any User Content or Third Party Content to the relevant authorities should it violate the Contractual Relationship, break the law or infringe on the rights of third parties, including the rights associated with intellectual property, industrial property, image, privacy and honour. This shall also include the possibility of revealing to the relevant authorities and to third parties which demonstrate a legitimate interest, identification data which are legally protected, of Users which are seen to be responsible for reported infringements, in accordance with the legislation for the protection of personal data.
13.2.2. suspend, or cancel the account, including the files and items of any User who has committed acts that violate the Contractual Relationship, break the law or infringe on the rights of third parties, including the rights associated with intellectual property, industrial property, image, privacy and honour.
13.2.3. take the measures, at its own discretion and according to its own criteria, that are considered opportune to ensure the best functioning of TheRanking.com and to achieve maximum User satisfaction, including the setting up of restrictions, barriers or automatic measures to prevent activities which contravene the Terms of Service being carried out.
14.Notification of infringements
In case of a User considering that there are facts or circumstances that demonstrate illegal use of TheRanking.com by another User or of User Content or Third Party Content (including infringement of intellectual and industrial property rights, acts of unfair competition or illegal advertising, acts which contravene the right to honour, privacy or one?s own image, etc.) the User shall notify Next Chance, under his/her own responsibility and commitment that the information provided is accurate and true, of the following information: (i) (ii) personal data in order to be able to identify and contact the claimant; and a specification of the supposedly illegal activity which has been carried out on TheRanking.com and, in case of a suspected infringement of intellectual and industrial property rights, a precise and specific indication of the infringed rights and the facts that constitute the infringement and also their location on TheRanking.com. These notifications shall be sent to email@example.com ("User Report").
Next Chance can make available, if it so decides, other mechanisms for sending these notifications. Once the User Report has been received, Next Chance will carry out, with due haste, and according to the circumstances, the necessary actions in accordance with its legal obligations and according to this Contractual Relationship, that shall include the suspension or cancellation of User Content or of a User account or any other measure deemed necessary such as informing the competent authorities of the facts.
Next Chance reserves the right to maintain or reactivate the User Content or the User account if their legality is demonstrated and to penalise the User whose report was false or abusive by suspending or cancelling their User Content or their User account or by any other means that are deemed opportune.
15. Data Protection
In order to access certain resources in TheRanking.com, Users shall have previously provided Next Chance with certain personal details ("Personal Data"). In addition, using TheRanking.com may imply the use and public communication of Personal Data relating to the use of TheRanking.com.
Duration of the service
The service provided by TheRanking.com is in principle for an indefinite term. However, Next Chance is authorised to cease or suspend all or part of the service provided at any time, without prejudice to the contractual agreements that have been specifically assumed in return for economic remuneration and by virtue of the additional terms aside from these Terms of Service. The partial or total termination of the service by TheRanking.com shall not oblige Next Chance to give Users prior notice.
All Users may suspend their use of TheRanking.com at any time.
16. Termination of Contract
The User shall not be able to partially or entirely relinquish the Contractual Relationship, and the consequent rights or obligations therein except by obtaining prior express permission in writing from Next Chance.
Next Chance shall be able to partially or entirely relinquish the Contractual Relationship and the consequent rights or obligations therein with any third party of its choosing, without obtaining prior permission from the User or giving prior notification to the User.
All communication between the parties shall be made in writing, either by post, fax or e-mail and sent, in the case of Next Chance, to the addresses indicated in Terms of Service 1 and, in the case of the User, to the contact details provided by the User. Communications sent by letter are deemed to have been received with the acknowledgement of receipt, and those sent by telegram, fax or e-mail, once their receipt can be certified. All communications sent to addresses provided by the Users are deemed to have been correctly carried out, unless the User has notified Next Chance of a change of address a minimum of 15 working days beforehand.
18. Changes to the Contractual Relationship
Users acknowledge that Next Chance shall modify these Terms of Service and the Contractual Relationship at any time without giving notice to the Users. The Users shall periodically review the Terms of Service in order to find out about the current applicable version at any time.
These Terms of Service are an express declaration of the will of the parties in relation to its object and they replace all verbal and written agreements made prior to acceptance by the User.
In the event of the nullity or invalidity of any clause contained in these Terms of Service, this shall not affect the validity or efficacy of the other clauses, and they will be interpreted and applied as closely as possible to the legal sense of the null and void clause.
The failure of any of the parties to act before the non-compliance of any of the requirements in these Terms of Service by the other party shall not constitute a relinquishment to act against any such non-compliance or of any other obligations in the future. A delay or omission by the parties in exercising any of their rights according to the Terms of Service does not signify the relinquishment of the right.
20. Applicable Law and Jurisdiction
The Contractual Relationship shall be subject to the laws of Spain.
Except in the case of consumers and users, who shall follow the provision of the law, the Users and Next Chance renounce any other jurisdiction that may correspond to them, and submit to the Judges and Courts of the city of Madrid (Spain) for any dispute about the validity, effectiveness, compliance, interpretation, execution or any other matter regarding the Contractual Relationship.