These general conditions (the "Legal Conditions") establish the warnings, terms and conditions applicable to the use of the technical means that Next Chance Assets, S.L. provides for its registered and/or unregistered users (the "Users") referred to in (i) the website www.themotion.com or any others who are forwarded to it; and (ii) any applications for mobile devices or by any other devices (the "Mobile Applications"). For the purposes of these Legal Conditions, any references to "TheMotion" shall also be understood to include their Mobile Applications, unless something different is inferred in a given context.
Next Chance (Next Chance Assets, S.L.) is a limited liability company, registered in Spain under the fiscal number NIF B-86079407 of the Mercantile Register of Madrid, in Volume 28271, Sheet 148, Page M-509175, Section 8.
Next Chance’s contact data is as follows: Head Office: Paseo de la Castellana, 259 D, Plant 43 Sur, 28046 – Madrid. Email address: firstname.lastname@example.org.
2. Services available at TheMotion
2.1. What is TheMotion?
TheMotion is an application that "gives life to digital content", including the Website or Mobile Applications with which the application can be used.
Next Chance makes TheMotion available to Users so that, under their own responsibility, they can convert digital content into video files, exploit them and update them.
The existence and extent of any of the functions referred to in this Legal Condition 2 will depend on what the tools provided by TheMotion effectively allow at any given moment, the User being aware that such tools are dynamic and that there is no obligation to guarantee any minimal functionality.
2.2. What sort of contents does TheMotion use to create video files?
The digital contents that can be converted into video by using TheMotion are texts, numbers, images and, in certain cases, other types of files that are suitable for such a conversion, which the User loads into the application. In particular, Users shall load their contents of text, images, numbers or other files into TheMotion in the manner specified at each given moment (which may include, as one determines, URLS, JSON, XML, XLS, CSV or [insert the type of file that matches the template or the soundtracks]) so that they can be automatically converted by TheMotion into video files.Users should note that video files are created automatically by TheMotion according to their algorithms and their programming. This implies that TheMotion can use any content provided by the User, including data, images or any other content that is made available within the contents uploaded or referenced by the Users; for example, the video files might include texts, images or numbers that are available on the web or on servers that correspond to the URLs specified by Users. The User must be aware of this and review the contents provided or referenced by the User when he/she uses TheMotion and, likewise, review the video created to ensure that it conforms to his/her expectations and standards and that it does not include any unwanted data or content. NextChance does not guarantee that the video file created by the User through TheMotion will always fulfill such expectations or standards or that it will not include any unwanted data or content.
2.3. How can the video files created by TheMotion be used?
The video files created by the User can always be used by him/her in the ways that are specified in TheMotion, including: (i) hosting the video files created in NextChance’s servers to allow their viewing from other web pages, using the technology that is available in TheMotion at any given moment (including, for example, through "framming"); (Ii) downloading video files to computers or to servers specified by the User so they can be exploited by the User however he/she decides to do so; and/or (iii) making the video files available to third parties through TheMotion so that they can be viewed from other web pages, as indicated by the User, and under the conditions stipulated by that web page. The way the User might use and exploit video files shall depend, among other factors, on the functions available in the application and on the specific service contracted by the User in relation to the corresponding video file or files.
Both the creation and the exploitation of video files will be carried out under the sole responsibility, initiative and control of the User.
2.4. How are the video files created updated?
If the User wishes to update the contents of a video file, he/she can simply create a one, following the corresponding procedure again.
Furthermore, the User should note that TheMotion can be programed to update video files automatically, incorporating any changes that might have occurred regarding the contents uploaded or referenced by the Users when they first created the videos (i.e., changes in images or data that are now present in the linked URLs) with the frequency that might be available at any given time.
2.5. What are the "User’s Contents"?
For the purposes of these Legal Conditions, the term "User’s Contents" shall mean each item or the set of data items (texts, images, numbers, links, files, videos, etc.) that the Users create or house, store, load, communicate or make public, as the case might be, in TheMotion, using the tools that have been put at their disposal, including any data available in the contents uploaded or referenced by the Users, whether or not it has been specifically identified by the User as being for use (for example, any content that, at any moment, is present in URLs referenced by the Users when they created the video for the first time).
The User’s Contents will be stored and will be publicly available in TheMotion in the same manner and with the same scope as the TheMotion tools used by the User.
2.6. What are the "Contents of Other Companies"?
In addition, Next Chance could allow its Users access, through links or some other means, to offers made or services provided by other companies and different merchants that are independent of Next Chance, which will be valid within the time-spans, the territories and the conditions indicated by them, and to which the conditions laid down by those companies and merchants will apply. Next Chance does not provide any of the services offered, nor is it the manufacturer, the supplier or the distributor of the products offered, and does not assume any responsibility for them. The offers, advertisements and applications published or made available by such independent companies and merchants shall be called the "Contents of Other Companies".
3. Next Chance’s position and responsibility concerning the contents of TheMotion
Next Chance exercises no control or supervision of third party content, including the User’s Contents or the Contents of Other Companies. In this regard, Next Chance merely allows Users to access and use TheMotion, under their sole responsibility and discretion, for the purposes specified in Condition 2 above. This implies that Next Chance merely allows the use of software tools and is just a provider of intermediary services for hosting and for the provision of search engines and links to its Users’ Contents, so that Users might carry out, under their sole responsibility and control, actions that are of their own interest, such as the creation, publication, display, location or use, as may be appropriate, of the User’s Contents or the Contents of Other Companies.
Likewise, according to US regulations on intellectual property rights ("Digital Medium Copyright Act” or “DMCA"), Next Chance acts as a "service provider" in the exploitation of TheMotion (as is defined in the DMCA) and it offers services as an online provider of third-party content and links to third party web pages, which are neither owned nor controlled by Next Chance, and which can be transmitted, stored, accessed or made available in any other way through TheMotion.
The User Content and the Contents of Other Companies are created, hosted, published and shared by users or businesses and agents who participate freely and independently in TheMotion and under their sole responsibility. Next Chance limits itself to merely making the technical means available to the users and participating companies and agents the necessary technical means for them to be able to carry out the corresponding actions.
Therefore, Next Chance assumes no liability in connection with User Content or Content of Other Companies. Notwithstanding the foregoing, our Users can and must report any irregularity or offense detected in connection with User Content to Next Chance through the system stipulated in Legal Condition 14 and for the sole purpose expressed here.
In the case of the Contents of Other Companies, such as offers of products and/or of services, such contracts shall be subject to the User’s acceptance of the general and/or individual conditions established by the corresponding company or agent. Next Chance accepts no responsibility for the offer of services or the shipping of products, thus establishing a direct and exclusive legal relationship between the User and the company or agent. Therefore, the User shall send any claim directly to the company or agent, with no harm in reporting the fact to Next Chance so it can be taken into account, where appropriate.
TheMotion is not directed in any way to children under the age of  years. IF YOU ARE UNDER . DO NOT USE THEMOTION, NOR SHOULD YOU REGISTER, NOR GIVE US ANY DATA ABOUT YOU OR ANY OTHER PERSON (NEITHER FRIENDS NOR RELATIVES, ETC.).
5. Acceptance of the Legal Conditions
The mere use of TheMotion automatically implies the User’s full and unconditional acceptance of each and every one of the Legal Conditions stipulated herein at all times, and in the version published by Next Chance. Consequently, the User must periodically read the Legal Conditions to keep updated with regard to their variations, of which, the Users do not necessarily have to be advised.
In addition to the Legal Conditions, there are other general and/or individual conditions applicable to those Users who subscribe that sign up for the use of certain resources and/or content made available to them in TheMotion.
The set of terms and conditions resulting from the Legal Conditions and from the various general and individual conditions applicable to each User in relation to TheMotion will be called the "Contractual Relationship".
In case of any contradiction between the individual and the general conditions, the terms stipulated in the individual conditions will prevail.
Registration in TheMotion is necessary for its use, without any prejudice regarding the functions that are made available to the general public at all times or the viewing by all the Users of the public access sections. Registration may be conditioned to having previously received an invitation.
The collection and processing of personal data is governed by the provisions regarding it in the present Legal Conditions as well as by the Privacy and Cookies Policy, which is available in the Data Protection Policy.
TheMotion may enable, if necessary, several means of registration media, in which case, the Users should be aware of the following:
(I)If the registration is made directly with TheMotion by the means that Next Chance determines at any given moment (i.e., by filling in the form provided in TheMotion or by answering the questions that are asked by phone or by email to this effect), the data will be used for the purposes set out in the Privacy and Cookies Policy, which is available in the Data Protection Policy.
(II) If the registration is done by using the registration data from other social networks that are foreign to Next Chance, in such a case, the User authorizes Next Chance to use, for this purpose, the User’s name, profile picture, email address, list of friends, birthdate, country and language, as well as any other data that is requested in the corresponding registration form. If any of such data is unavailable to Next Chance from those social networks or sites, TheMotion might well allow registration with the available data, or inform the applicant that, for registration, the User must provide additional information. The information obtained upon registration will be used for the purposes set out in the Privacy and Cookies Policy, available in the Data Protection Policy.
7. Price of the services provided by TheMotion
The use of TheMotion by our Users is onerous, without affecting any of the demonstrations or free services that can be specifically enabled.
The remuneration for the use of TheMotion and the payment terms are set out in the specific conditions that the user must accept as part of the registration process.
Unless otherwise explicit in the individual conditions:
7.1. The remuneration will be invoiced and will be charged to a credit card or through an electronic payment system or any other means of payment made available to the User, and with the frequency specified at any given moment.
Should the means of payment chosen be managed by a third party, such as a credit institution (payment gateway, virtual POS, etc.), the User declares that he/she acknowledges and accepts that the person responsible for controlling and executing the User’s payment data will be, exclusively, that third party, without Next Chance having any legal responsibility whatsoever.
7.2. Both the payments and the invoices will be available in that User’s private area of TheMotion.
7.3. Next Chance may offset any credits that the User may have against it for any reason, against credit claims arising in favor of Next Chance, in accordance with this contractual relationship.
7.4. Next Chance may vary or revise the remuneration as well as the terms of payment periodically. The new remuneration and terms shall apply in relation to the following settlement.
8. Responsible Use of TheMotion
The Users will use TheMotion in their own names and for their own affairs, under their full and sole responsibility, whether for personal use or for profit, for promotional or commercial purposes.
9. Licenses for User Content
In general, Next Chance does not "use" either the User Content or the Contents of Other Companies. Next Chance merely provides the technical means so that its Users can create, host, make available, use and access such contents in TheMotion, in the manner and to the extent that, at all times, are applicable.
Notwithstanding the foregoing, it is advisable that the User be warned that in certain circumstances and under certain jurisdictions, it may be necessary or desirable that Next Chance should have a license to provide certain services (hereinafter, the "Use for the Provision of the Service").
To the extent that it may be necessary or appropriate for either the fulfillment of the Contractual Relationship or for the Use for the Provision of the Service, the User authorizes Next Chance to use, for everyone and for the entire duration of their legal existence, all intellectual property rights (including those of reproduction, distribution, public communication or transformation), industrial property, images or any other rights related to the Users’ Contents, in any known media (the "License for the Provision of the Service"). The License for the Provision of the Service will stipulate, if necessary or desirable for the purpose, the faculty Next Chance has to create and exploit, to the same extent as indicated in this paragraph, any works derived from the Users’ Contents.
Apart from the above-mentioned, Next Chance can make use of the Users’ Contents for the sole purpose of demonstrating TheMotion’s scope of operations, both within and outside TheMotion, and on other media and support systems, or to improve the functionality of TheMotion, or to adapt it to the trends and tastes of the Users ("Own Use").
With the necessary or desirable scope to carry out its Own Use, the User authorizes Next Chance to exploit, for everyone and for the entire duration of their legal existence, all intellectual property rights (including reproduction, distribution, public communication or transformation), industrial property, images or any other rights related to Users’ Contents, provided by the user, in any known media (the "License for its own use" and together with the rest of licenses granted under this Legal Condition 9, the "Licenses"). The license for its own use includes the possibility that Next Chance may create and exploit, to the same extent indicated in this paragraph, any works derived works from the Users’ Contents.
For the sake of clarification, the Licenses include the granting to Next Chance of right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, transmit, use and display the Users’ Contents, the Users’ names, their voice and/or preferences, in whole or in part, in any form and worldwide, through any media or technology now known or to be discovered in the future, including for conducting all kinds of promotion, advertising, marketing, commercializing or any accessory use of the above-mentioned, and including the unlimited right to sub-license such rights. This right is granted to Next Chance non-exclusively, irrevocably, free, universal and of a fully sub-licensable nature.
The License for the Provision of the Service expires when the User cancels his/her registration or specifically requires removal of a particular item of User Content of which he/she is the holder. Notwithstanding the foregoing, the License for the Provision of the Service also includes the right (but not the obligation) to keep a backup of such User Content after its removal from TheMotion insofar as it may be necessary or desirable, in order to demonstrate compliance with the legal obligations of Next Chance or of the User, or to collaborate with public authorities for the maximum period that complies with what is legally prescribed. Notwithstanding the aforesaid, the deregistration of a User or of a User’s Content will not affect the License for Own Use, which can be exploited throughout the entire period of the legal duration of the rights related to them, except, as always, the possibility of revoking the authorization in respect of any very personal rights for which the Law provides that possibility (such as the right to use the User’s photograph).
The User guarantees Next Chance that he/she has the required rights to grant the Licenses and that the use of any intellectual property, industrial property or image, in a way that complies with the provisions of this Legal Condition, does not constitute either a legal infringement or a violation of the rights of any sort of third party, or a breach of obligations to third parties, nor constitute unfair competition.
In connection with the User’s Content, the Users declare and warrant in favor of Next Chance that:
9.1. They are legal owners of such User Content, and that if they are owned by others, they have previously obtained the necessary consent for its use in accordance with these Legal Conditions and for the Licenses. This shall imply, by their own expression, that users have the required rights to share, use and change the web pages and the content hosted or published in them, all of which corresponds to the links provided by the user to generate video files. The User must therefore carefully review all User Content uploaded or referenced in TheMotion (i.e., the contents - images, texts, trademarks, etc. of the URLs referenced), as these can be used by TheMotion for both, creating a video file or automatically updating an existing one);
9.2. Any User Content which is not the property of the User and for which he/she has not applied to the owner for permission to use, is content that is subject to a license of Creative Commons use or the like, which can be used in accordance with these Legal Conditions;
9.3. User Content does not violate current legislation on the right to honor, to self-image, to privacy and/or to the protection of the personal data of third parties; And,
9.4. User Content does not violate current legislation on the rights of intellectual property of others.
Users undertake to verify, prior to its publication, that User Content may be lawfully reproduced, published and used in accordance with these Legal Conditions. In the event that there are any doubts about the publication of such User Content, Next Chance advises users of TheMotion to avoid the use of such User Content.
In case of a breach or the risk of a breach, Next Chance reserves the right to take the corresponding appropriate actions, which might include removal or deletion of the User’s Content or the User’s account or any other measures required.
10. Intellectual Property Next Chance
All intellectual and industrial property or any other type of property that exists or might exist with regard to TheMotion and its resources, databases, components and the tools through which it works, including its structure, its management and its configuration, belong exclusively to Next Chance, without infringing on the rights of the User to his/her User’s Content, which will continue of his/her ownership as set out in Legal Condition 9, as well as any content subject to a Creative Commons license or to third parties (such as the Content of Other Companies).
Neither the use of TheMotion nor a subscription to the contractual terms relating to it gives any license or authorization to use any of the rights described in the preceding paragraph, except to the extent that is absolutely necessary for the use of TheMotion in accordance with the Contractual Relationship. Any form of reproduction, public communication, distribution, modification or any act that exploits the Contents, databases, software or similar facets of TheMotion, either in part or in whole, without the prior expressed authorization of Next Chance, is particularly prohibited. The logos included in themotion.com webpage are exclusive property of their respective brands/companies.
11. The User’s Obligations
The Users agree to use TheMotion in accordance with the present Legal Conditions, with full observance and respect for the applicable laws and for the rights of third parties, and also assumes the following obligations:
11.1. They shall create and use just one User account and use just one User´s name, which will identify all their operations. The User account is only manageable by using the passwords or any of the other security resources that are made available in TheMotion. The Users shall create their password and keep it confidential, as well as any other security resources used.
11.2. They shall preserve the confidentiality of their passwords and that of any other elements that could allow the impersonation of their identity and, if at any moment they feel they are threatened, they shall promptly inform Next Chance and proceed to update or immediately replace them to prevent any unauthorized use of their name or their User’s account.
11.3. They shall avoid the use of any data, information or User Content available in TheMotion for any purposes other than their use in TheMotion, as provided for in the contractual relationship
11.4. Refrain from directing any kind of offer or business proposal to other Users through TheMotion (except in the case of a company or a merchant who has the specific contractual authorization from Next Chance).
11.5. Assume full responsibility for any actions and User Content they make in their name or are attributable to their name or User account, except if they have reported in good time to Next Chance an incident that jeopardizes the confidentiality of their password, have adopted the necessary measures to prevent the unauthorized use of it in accordance with these Legal Conditions and there is clear evidence that such action has not been carried out by the User.
11.6. Always provide Next Chance and all the other Users data and information that is true, authentic and legitimate.
11.7. Not use TheMotion to carry out any activities that are against the law, immoral or violate public order. Specifically, and unconditionally, they shall refrain from:
11.7.1. Carrying out actions that are contrary to legislation on money laundering or terrorism;
11.7.2. Performing any activities that contravene or violate fundamental rights and public liberties that are constitutionally recognized in international treaties or other legislations;
11.7.3. Making any statements that are defamatory, false, slanderous, violent, deceptive, pornographic, or contrary to public order, law, morality or moral standards, including those that contain explicit sex, threats, graphic violence and incitement to hatred, violence or self-harm;
11.7.4 Making any statements that could lead to or promote discriminatory actions or attitudes based on race, sex, sexual orientation, religion, creed, age or personal condition;
11.7.5. Making any statements that could constitute unlawful, deceptive or unfair advertising and, in general, unfair competition or violation of the right to honor and self-image; or
11.8. Creating User Content that may infringe on the rights of third parties; in particular, refrain from posting content that may affect the right to privacy, honor, self-image and intellectual property of third parties or may involve the commission of unfair trade practices.
11.9. Creating User Content with false information that directly seeks to distort the image of companies, brands, establishments or third parties in general.
11.10. Using any technical or digital means or instruments that might prevent or hinder the normal functioning of TheMotion or damaging the technical devises integrated in TheMotion or in Next Chance or those of their Users.
11.11. Using any technical or computer tool that allows the automated or substantial extraction of data or content hosted or stored in or accessible through TheMotion.
12. Exclusion of obligations and guarantees
Next Chance assumes no contractual obligations to users other than those derived from these Legal Conditions nor provides any guarant
12.1. the proper, continuous or uninterrupted operation of TheMotion which Next Chance could close at any time at its own discretion, without disregarding its contractual commitments specifically undertaken in exchange for financial contributions and under different specific conditions than these Legal Conditions. Likewise, Next Chance does not guarantee the compatibility of TheMotion with the access devices of the users, whether they be computers, browsers, mobile devices or other devices;
12.2. TheMotion’s adequacy for the Users’ needs or expectations;
12.3. the level of satisfaction, gain or profit or the absence of losses or damage resulting from the User´s use of TheMotion;
12.4. the truthfulness, accuracy and validity of the data provided by the Users;
12.5. the solvency, or the technical, commercial, moral or financial reliability of the Users;
12.6. the legality, accuracy, reliability, and validity of the User Content;
12.7. the accuracy of the information provided by businessmen or merchants regarding the products and/or the services they offer through TheMotion and the Contents of Other Companies;
12.8. the conclusion, good order or regularity of contracts or agreements made between Users and Companies or traders who participate in TheMotion; or
12.9. the proper storage, preservation or loss of the Users’ Contents.
LIMITATIONS ON LIABILITY. Next Chance assumes no obligation, provides no warranty nor will be liable for any damages, nor for viruses that might infect computers, telecommunications equipment or other property owned by the Users, deriving from their access to, use of, search in or downloads of any information or content in TheMotion.
Next Chance, its officers, directors, managers, employees, shareholders, affiliates, agents, successors or concessioners or anyone else involved in the creation, production, operation or transmission of TheMotion will not be liable for any indirect, direct, punitive, incidental or consequential damages (including, among other things, the loss of profits, damages for the loss of data or for the interruption of business) resulting from the use, the inability to use or the results of the use of TheMotion, or of the contents, the information or the services in TheMotion, and are based on guarantees, contractual relationships, extra-contractual responsibilities or any other legal provision, whether or not Users have been informed about the possibility of suffering such damages. The Users know and accept that Next Chance is not responsible for the Users’ Contents or for the communication nor for the defamatory, offensive or illegal conduct of any third party, and they assume the risk of damage from all of the above-mentioned. The foregoing limitations of liability shall not apply when they are prohibited by law.
THE USERS KNOWN AND AGREE THAT IF ANY CONTROVERSY OR PROBLEM SHOULD ARISE FROM THEMOTION OR FROM ANY CONTENT OR SERVICE IN THEMOTION, THE ONLY POSSIBLE SOLUTION IS TO CEASE USING THEMOTION. IN ANY CASE, THE CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY OF THEMOTION FOR ALL DAMAGES OR LOSSES DOES NOT EXCEED AN AMOUNT THAT IS GREATER THAN: (A) ONE DOLLAR ($ 1) OR (B) THE AMOUNT EARNED FROM THE SERVICES CONTRACTED THROUGH THEMOTION IN THE LAST 24 HOURS PRIOR TO THE HARMFUL EVENT.
The Users agree to defend, indemnify and exempt Next Chance, its affiliates and any person connected to it of all responsibility, costs, expenses, damages, including legal fees, arising from or in connection with (i ) the use of TheMotion or Internet, the housing, publication or transmission of any message, content or information by Users of TheMotion; (Ii) the non-compliance by Users of any provisions of the Legal Conditions, including, among other things, a breach of the declarations and warranties contained in these Legal Conditions; (Iii) the Users’ infringement of the rights of any third party, including, among other things, the right to privacy, self-image or intellectual property, or the commission of any unfair trade practices; (Iv) the Users’ infringement of any legal norms of any country; (V) any claim arising from the Users’ Contents; or (vi) the use of or access to TheMotion by any third party using the User’s user-name, password or security code.
In the event of a dispute between one or several Users, they shall hold Next Chance free of any claim, law suit or liability for damages (whether real, consequential, direct or indirect) of any sort, whether they are known or unknown, presumed or not, disclosed or not, that may arise from or be related to the dispute.
13. Next Chance’s possible measures regarding the User’s Contents
13.1. Next Chance does not create, formulate, possess or control the User’s published by the Users under their sole responsibility. Therefore, Next Chance has no obligation to monitor such contents before or after their storage in TheMotion.
13.2. Notwithstanding the foregoing, Next Chance may:
13.2.1. withdraw, cancel and/or report any User Content or Content of Other Companies to the competent authorities in the event that they happen to be contrary to the Contractual Relationship, the law or to any third party rights, including intellectual property, industrial property, image, privacy or honor, or if they imply the commission of unfair trade practices. This will include the power to disclose the legally protected identification data of any Users who are likely responsible for reported infringements, to the competent authorities and to those third parties who demonstrate that they have a legitimate interest, in accordance with the norms on the protection of personal data.
13.2.2. cancel or suspend the account of any User and/or any User’s Content that has committed acts that are contrary to the Contractual Relationship, the norms or any third party’s rights, including the right to intellectual property, industrial property, image, privacy and honor, or that have committed any unfair trade practices.
13.2.3. adopt, by its sole decision and discretion, the measures it deems necessary for a better functioning of TheMotion and a greater user satisfaction, including the establishing of restrictions, barriers or automatic measures to prevent the execution of any conduct that is contrary to the Legal Conditions.
14. Notification of infractions
In the event that any User considers that there are any deeds or circumstances that reveal the illegal use of TheMotion by another User, by a User’s Content or by the Contents of Other Companies (including the violation of intellectual or industrial property rights, acts of unfair competition or unlawful advertising, acts against the right to honor, privacy or personal image, etc.) he/she should send, under his/her own responsibility and with the assurance that the information provided is accurate and truthful, a notification to Next Chance in which the following data is included: (i) personal data to identify and contact the claimant; and (ii) a description of the alleged illegal activity carried out in TheMotion and a justification thereof, including, in the case of an alleged violation of intellectual or industrial property rights, a specific and precise indication of the rights infringed on, and of the offending deed, as well as its location in TheMotion. Such notifications must be sent to email@example.com headlined: "User’s Report".
Next Chance can make other mechanisms for such notifications available to its Users, if they so desire.
Upon receipt of such a User’s Report, Next Chance will carry out, with due speed, in consideration of the applicable circumstances, the appropriate actions vested in it in accordance with its legal obligations and according to this Contractual Relationship, which might include the removal or the full or partial suspension of the User’s Content, the cancellation or suspension of his/her account or any other necessary measure, such as the disclosure of the facts to the competent authorities.
Regarding the use of TheMotion in the United States, when a User considers that there are contents in TheMotion that infringe on intellectual property rights, he/she must report it to Next Chance through the notification procedures for alleged violations provided for in the DMCA (17 U.S.C. Section 512(c)(2)). Whenever it is appropriate, Next Chance will immediately remove or disable access to the allegedly infringing content and follow the procedure laid down in the DMCA to resolve the claim between the User who reported the infringement and the alleged offender. The agent appointed by Next Chance and, therefore, the person to whom the reports referred to in this paragraph should be addressed, in accordance with the DMCA is firstname.lastname@example.org.
The notification must contain:
(I)The Identification of the contents that are protected by intellectual property rights and are considered to be infringed upon;
(II) The Identification of the allegedly infringing contents in TheMotion, including all the details that would allow them to be found within TheMotion;
(III) A statement from the reporting User, under penalty of perjury, stating that (a) the information given in the report is true, and (b) that he/she is either the holder of the intellectual property rights infringed upon or that he/she has been authorized to act on behalf of the holder such rights;
(IV) The postal address, phone number and email address of the User; and
(v) His/her physical or electronic signature.
Next Chance could either inform the Users about the infraction reported by means of a general notice in TheMotion, an email sent to the Users whose addresses are listed in its databases, or by registered mail to those Users whose addresses are listed in its databases. The User who receives a complaint for an alleged infraction could send a written reply to the appointed agent, which should include the following information:
(I)His/her physical or electronic signature;
(II)The identification of the removed content or to which access has been disabled and its location in TheMotion before it was removed or access to it was disabled;
(III) A declaration, under penalty of perjury, that he/she honestly believes in good faith that the content was removed access to it was disabled as the result of a misidentification of the content that was removed or access to which was disabled; and
(IV) The name, postal address, telephone number and a declaration by the signatory that he/she accepts the jurisdiction of a Federal District Court for the judicial district in which the address given in the reply is located, or, if the address happens to be outside the United States, or any judicial district where Next Chance would be present, and that he/she accepts that he/she be sent the reports from the person who reported the infringement or from an agent of such a person.
15. Data Protection
To access certain resources in TheMotion, Users must first provide Next Chance with certain personal data (the "Personal Data"). Likewise, the use of TheMotion could lead to the publication of personal data in connection with to the use of TheMotion, even through cookies.
Next Chance will treat such Personal Data for the purposes intended and under the conditions defined in its Policy of Privacy and Cookies published at the end of this document.
The data that the User provides to TheMotion is included in file registered with the competent authorities in the area of Data Protection. Next Chance will not share any information provided by the User, including User’s Contents or the Contents of Other Companies, with any third party other than as provided in these Legal Conditions.
16. Duration of the Service
The provision of the service that TheMotion offers is, in principle, indefinite. However, Next Chance is authorized to terminate or suspend all or part of the service at any time, subject to compliance with the contractual commitments specifically undertaken in exchange for financial imbursement and under specific conditions that are different from of these Legal Conditions. Next Chance is not obliged to give prior notice to its Users about the partial or complete termination of the service offered by TheMotion.
17. Termination of the Contract
The User cannot pass on his/her Contractual Relationship, either entirely or partially, nor the rights and obligations arising therefrom, without the prior expressed authorization, in writing, from Next Chance.
Next Chance (or whoever is exploiting TheMotion at any given moment), may assign the contractual relationship, wholly or partially, as well as all or some of the rights or obligations arising from it, to any third party of its choice, without the prior authorization of User or prior notice to him/her, which includes the possibility of furnishing the third party with the corresponding Personal Data for their exploitation of such rights or for compliance of The Contractual Relations to which that third party will be subrogated as a result of such a transfer and to the extent provided in the Policy of Privacy and Cookies published herein.
All communications between the Parties shall be in writing and sent either by mail, fax or email, and in the case of Next Chance, to the addresses indicated in Legal Condition 1. In the case of the User, the communications may be sent to the contact details provided by him/her, and also, through the publication of a notice in the form of a banner or some other form, to advise about certain changes. Communications sent by mail with an acknowledgement of receipt and those sent by telegram, fax or e-mail where their reception can be demonstrated, shall be deemed duly delivered and received. All communications sent to addresses provided by the Users shall be deemed properly sent, unless the User has previously informed Next Chance about a change of address within a minimum of 15 working days’ notice.
19. Amendment of the Contractual Relationship
Users are aware that Next Chance may modify these Legal Conditions and the Contractual Relationship at any time without them about it. Users should, therefore, review the Legal Conditions regularly to know about the version that is applicable at any given moment.
These Legal Conditions are the expressed will of the Parties in relation to their objectives and supersede and any verbal or written agreements made in this regard prior to their acceptance by the User.
In the case of any discrepancy between the different versions of these Legal Conditions, our Policy of Privacy and Cookies or in any other document published by Next Chance in any other language, the version published in Spanish version will prevail, whenever this is legally possible.
The declaration of nullity or invalidity of any clause in these Legal Conditions shall not affect the validity and effectiveness of the rest of the provisions, which shall be interpreted and applied in the nearest legal sense that it arises from the application of the void clause.
The waiver by any party to the compliance of the provisions of these Legal Conditions by the other party shall not constitute a waiver of his/her right to demand the compliance of the other provisions of these Legal Terms or any other obligation. The delay or failure of the parties to the exercise of any rights that correspond by virtue of the legal conditions not constitute a waiver of the corresponding right.
21. Governing Law and Jurisdiction
The Contractual Relationship shall be governed by Spanish law.
Except in cases of consumers and users, who shall fulfill the provisions of the Law, the Users and Next Chance shall be submitted, renouncing any other jurisdiction that may apply, to the Judges and Courts of the City of Madrid (Spain) regarding any dispute over the validity, effectiveness, compliance, performance or any other matter concerning the Contractual Relationship.