Through the acceptance of these Terms and Conditions, the user expresses:
The validity of contracts concluded electronically is covered by Article 23, paragraphs 1 and 3 of Law 34/2002 of Services of the Information Society and Electronic Commerce, in its Article 23 establishes the validity of contracts concluded electronically, so that every contract made through The Web will be perfected from the moment that The User concurs with these Conditions of Use and special conditions that will apply when The User clicks on the Acceptance and Read button of those conditions and having successfully completed the application form offered from The Web, or by such acceptance by any other electronic or physical offices in Safari.
After such acceptance, The User will receive an automated notification from Safari sent to the email address that was provided at the Registration phase.
As required by Article 28.3 b) of Law 34 /2002 of the Information Society and Electronic Commerce, and the provisions of Royal Decree 1906/1999 on the telephone and electronic contracting with general conditions on the implementation of Article 5.3 of Law 7/1998 of 13 April, general conditions of contract, The User expressly agrees that it will be not necessary to confirm receipt of acceptance of the contract when it was concluded exclusively by exchange of email or other electronic communication, the parties agree to legally equate the signature of the user to the one performed by any passwords, codes or identifying elements of security. Without limiting the foregoing, from time to time Safari may require written confirmation as necessary.
Access to the Web is free, except for the cost of connection through the telecommunications network provided by the service provider contracted by The User and does not require that The User has registered previously. In general, to access to the contents of the Web, User Registration is not required. Nevertheless, it is a condition of use that the use of some services can only be made by subscription or registration of The User (by selecting a password and a user ID) and / or payment of a fee or commission.
For the purposes of these terms and conditions, it is understood that the term “Planner” is who discharged a Project through The Web. The “Investor” will be the one who will make contributions to the projects published by Web Designers.
The data entered by the user, whether it is a Planner or an Investor, should be accurate, current, and complete at all times. Otherwise, it will be deemed as a breach of these Terms and Conditions and may result in immediate termination of the user account. In any case, the User may record another person without permission. The User must not select or use a user name of another person with the intent to replace that person. Do not use a username or password of another person without authorization.
The Registered User shall be responsible at all times for protection of his/her password, thus assuming any damages arising from its misuse, as well as its handover, disclosure or loss thereof. For these purposes, access to restricted areas and/or use of content and services conducted under password of a Registered User shall be deemed to have been made by such Registered User, who shall answer in every case of such access and use.
Access to the Web is exclusively for adults, children who have been legally emancipated, or minors with the permission of their parents, guardians or legal representatives.
Non emancipated minors may only be Designers or Investors if they acquire the permission and consent of their parents, guardians or legal representatives, who will be responsible for all acts performed by children in their care, according to the rules of force and all applicable laws.
The User agrees to use the Web and its contents made available to Users on the Web, in accordance with the Term of Use and as provided by law, morality, public order. This applies text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as its graphic design and source codes (hereinafter, the “Content”).
The User also agrees to make appropriate use of the services offered with the utmost care and ensuring that neither services nor content be used for illegal or criminal purposes, which infringe on the rights of others and/or violate the regulations on intellectual property, or any other applicable legal standards. So as not to use them in any way that ma, damage or deteriorate the normal operation and use of the Web by users or that may harm or cause damage to property and rights of the users or Safari in general or any third party.
Under limited title, and in no case limiting or excluding, the User undertakes to:
Specifically the use of photographic and audio / videos of the site are subject to the following conditions: Use for commercial and / or their subsequent distribution is prohibited. The images and audiovisual resources available here are for the exclusive use of media and information purposes provided the source is acknowledged. It is therefore forbidden to use to illustrate activities, products or events to other companies. Safari reserves the right to withdraw permission to use any of these images or audio / video when it considers that they are being spent by the end somehow damaging their interests.
All information provided by the user through web forms to the above or any other must be true. For these purposes, the User guarantees the authenticity of all data communicated and maintain the information provided to Safari fully updated so that it responds at all times to the actual situation of the user. In any case the User shall be solely responsible for any false or inaccurate statements made and the damage caused to Safari or others for the information provided.
The password chosen by the user to register and validated by Safari will be considered as an ID and enabler for access to services. The password is personal and not transferable. The user is obliged to observe due diligence in preserving the password, assuming otherwise, the consequences arising from the use thereof by another different user people, must indemnify Safari by any unauthorized use password. You are responsible for all transactions with your password. All access and / or use of the Web and sending data made from a User Account shall be deemed made by the user account itself.
The User agrees not to use false identities or impersonate others in the use of the platform, including the use of passwords or access codes to third parties or otherwise.
Notwithstanding the foregoing, the User is obliged to inform Safari without delay any loss, misuse or fraudulent use of his/her identifying information by a third party through this form or by sending an email to [email protected].
The Planner is a user that has been proposed in one or several Web projects for which the Investors can fund.
When presenting a Project, The Web is subject to prior approval by Safari.
The Planner shall establish an economic purpose (hereinafter the “Target”), to be filled by within a specified period, (hereinafter the “Term”). The project may receive contributions throughout the Term, even when these exceed the amounts provided in the Goal.
The Planner is committed to providing clear and precise indications for all proposed Project:
The Counterparts that can be selected for a project are: Grant, Rewards and Social Capital (or Equity).
Donation: if the contribution is a donation from an Investor, a non- onerous delivery, which has no associated counterpart except for thanks for the input.
Reward: when in exchange of the contribution, the Investor will receive in return a good that the Planner offers.
Social Capital: When in exchange for the contribution, Investor gets a share of the Company’s Planner, by shares.
Whatever may be the number of people involved in a given Project, a project always has a unique Planner, identified only as the beneficiary of the rights and that has to assume the responsibility for the obligations of the Project.
The Planner is committed to fulfill all his/her obligations.
If the Term of the Project had ended and the project has not reached the target, the contributions of the Investors will not be made and neither the charge. In that case, if any service from the Safari Planner was made, with a Fee or Commission, the amount shall not be returned to the Planner.
When, after the Term, the project equals or exceeds the target, the Investors reaching contributions will be confirmed and the charges carried to effect. In no event, Safari shall be responsible for payment of taxes and fees. The Planner is obliged in that case to complete the project within the time limit established in the terms of the Project and to reward investors with Counterparts that have been described in the Project.
Users are informed of risks associated with all Projects and expressly accepted the risk of uncertainty regarding the realization of the projects. Investors can review the Risk Guide for more information.
The contributions of Investors in projects are carried out by payment service offered by the website and are loaded when the Term project is finished and equals or exceeds the target.
While the limit set by the Planner has not ended, the investor of a project participant may decide to cancel his/her contribution to it.
Once ended, inputs are locked and the charges are granted to the Investors which can override the longer performed. Thereafter, all claims must be sent directly to the Planner.
Safari does not charge any commission to Investors, only the Planner.
The Investor expressly acknowledges and agrees that, from the moment that the project that he supports is funded, Safari Planner will communicate the identity information to the Designer.
In the event that The User send files of any type to the Web, he/she represents, warrants and agrees that he/she is entitled to do so freely, that such information does not infringe any copyright, trademark, patent, trade secret, or any other third party right, that such information is not confidential and that such information is not harmful to others.
The User accepts responsibility and will indemnify Safari or any damage resulting from any communication or personally provide in his/her name, reaching such liability without restriction the accuracy, legality, originality and ownership of it.
Safari has the power to decide the disclosure or publication of any content submitted by the User reserves.
In the event that any content submitted by users contain images, the User represents warrants and agrees:
The User accepts responsibility and will indemnify Safari by previous demonstrations.
The User grants free title to Safari, with non-exclusive basis, the rights of reproduction, distribution, transformation and public communication in all modalities, with respect to any content submitted. This assignment is made for everyone, for the maximum period currently provided for in the law of intellectual property and with the express power of sale to third parties.
Users and, in general, those who want to include links from their own web pages to the Web (“hyperlinks”) shall comply with the following conditions and that without the ignorance of them can avoid any liability under the Act:
The establishment of the hyperlink does not imply or need not necessarily imply in any case the existence of relations between Safari and the owner of the website in which, neither the acceptance and approval of its contents or services is established by Safari.
Safari is not responsible for external links (Linked Sites) which, in any case they could be included in the portal, as it has no control over them, so that The User enters by his own responsibility and under the conditions of use that govern them.
In the event that The Web should have Linked Sites from other Internet sites, Safari Safari cannot exercise any control over such sites and content. In any case, Safariwill assume responsibility for the content of any link belonging to another website and nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness and validity of any material or information contained in any of these hyperlinks or other Internet sites.
Also, Safari is not responsible for damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services of the Linked Websites or for any other damage that is not directly attributable to Safari. Similarly, inclusion of external links does not imply any type of association, merger or partnership with the connected entities, nor will the recommendation, promotion or identification of Safari with demonstrations, contents or services.
In the event that the User or any other Internet user becomes aware that Linked Sites refer to pages whose content or services are unlawful, harmful, degrading, violent or morals, or specifically that violate intellectual property rights (patents, industrial designs, trademarks, trade names, etc.) or other rights shall send a notice to Safari, through this form or by sending an email to [email protected], indicating the following :
Projects are managed in accordance with the following conditions:
Safari reserves the right to remove, edit, modify, reformat, excerpt or translate any materials, content or information filed with any public or private information transmitted through the Web is the sole responsibility of the person who has created such content and that Safari is not responsible for any errors or omissions in any content, and can not guarantee the identity of other users with whom they may interact in the course of using the Services. The Planner expressly agrees to this right.
Users may participate in the project by making financial contributions to the Project becoming the Investors of such project. Such contributions shall build the Project throughout the publication period. All contributions made by users to the Project through Safari will be made through the gateway selected by Safari will be made through the gateway selected by Safari, for payment, Safari reserves the right to include any other payment gateway or modify existing ones.
Safari excludes any liability for damages of any kind that may be due to lack of availability or continuity of operation of the payment gateway.
The procedure for performing the input comprises:
In special projects, Safari, usually in non-profit projects or consisting entirely in compensatory grants, and so be it agreed with the Planner, recognizes that these projects can be subject to a Flexible Financing. In Flexible Financing Projects it may be considered that the Project has successfully met the objective, and make charges to investors, although it has not reached 100 % of target. In the event that a project is relying on the Flexible Funding a visible and expressed mention will it be done and displayed on the page in Project Web references, and it will be communicated the percentage of the target to which the project is considered successful and how the partial achievement of the objective will affect the further development of the Project.
The Counterparts you can select for a Project Planner are: Grant, Rewards and Social Capital (or Equity).
Donation: if Investor ́s contribution is a donation, a non- onerous delivery, which has no, associated any counterpart except thanks for the contribution.
Reward: when in exchange of contribution, the Investor will receive a good that offers the Planner.
Social Capital: When in exchange for the contribution, Investor gets a share of the Company ‘s Planner through shares.
If the project reaches the target, the draftsman will contract with the Investors; the obligation to comply with the delivery of Counterparts, while adhering to what it is defined in the Project. The deadline for such delivery shall be marked as provided in the Project description.
The Project Manager may cancel the project at any time during the period of publication, without having to justify its decision. However, the written notice will be required to Safari via email. In this case, Safarivia email. In this case, Safari will cancel the fundraiser, no additional amount will be charged to the Planner, and the Investors will not receive any fee. Safari reserves the right to keep posting until the completion of the project and inform the Term users of the reason for cancellation.
In the case that the Planner decides not to pursue the project and had already received the money raised, he/she shall communicate that fact to Safari (through this form or by sending an email to [email protected]) and the Investor, which has received contributions and return the full amount of such contributions.
The price applicable to the services shall be published in the Fees section of the Web and then published automatically by the recruitment process in the last phase. The applied rates are expressed in the currency Euro (€). The User assumes that in any case the economic value of the services may vary in real time. In any case this will be forever previously communicated to The User.
Also, the Planner will be solely responsible for paying the taxes and fees from the use of the Web as well as the percentages of fees deducted by the payment gateways and / or financial institutions for the transfer of the amounts collected.
Safari does not guarantee that occasional and because failures in credit cards, at the time of payment the indicated amounts receivable are achieved. When a service that has a committee is used, the Planner has the opportunity to review and accept the commission that will be charged according to the fee schedule. Payments will be made in Euros.
The charge made by Safari Planner will lead to the issuance of a bill to the name of the registered user.
Unless otherwise stated, the fees that are determined by a percentage will be calculated on the amount of the target established or, if greater, the amount of funds raised by the project, before deducting fees and expenses charged by PayPal or financial institutions or credit in any of the cases.
It is the responsibility of the Planner complies with tax obligations arising from the amounts that are delivered by Safari after the completion of the project.
The Commission will be charged to the Planner without any financial remuneration by the users perceived by Safari. The amounts paid by the Investors to finance the project will be available to Safari only with purpose of making delivery to the Planner in the event that the project reaches the target.
The period of time between the deadline and that the money raised is delivered to the Planner shall be established by the Payment Gateways.
Safari provides the following exclusions of liability, which the User expressly agrees:
Access to the website does not imply any obligation on the part of Safari o check the truthfulness, accuracy, suitability, completeness and timeliness of the information provided through it. The contents of this page are general in nature and do not constitute, in any way, providing a commercial service, legal or tax advice of any kind, so this information is insufficient for making personal or business decisions by User. The user must confirm that the information published is accurate and complete before taking any decisions related to any service or content described on the Web.
Safari is not responsible for decisions based on the information provided on the Web or damages caused to The User or third parties for actions that are based solely on information obtained from the Web.
Despite making the greatest effort and maximum diligence, Safari does not warrant or assume any responsibility for errors in the content of the Web.
Access to the website does not imply any obligation on the part of Safari to supervise the absence of viruses, worms or any other harmful computer element. The User, in any case, is supposed to have the availability of suitable for the detection and disinfection of harmful computer programs.
Safari is not responsible for the damage to the computers of the users or third parties for the provision of the Web.
Safari excludes any liability for damages of any nature, direct or indirect, and any loss of profit, for example, possibly derived from:
Safari will not be liable for failure to provide service, if it is due to prolonged power outages, telecommunication lines, social conflicts, strikes, rebellion, explosion, flood, acts and omissions of the Government, and in general all cases force majeure or unforeseeable circumstances.
Safari is an intermediary between users and Web Planner. Safari Safari assumes no liability with regard to the legality of the project, its development and implementation. Safari is not required to mediate disputes between Users (Designers and Investors). Safari specifically, among others, assumes no responsibility:
Safari s not responsible for damages of any kind caused to The User as a result of failure or disconnection of telecommunications networks that produce the suspension, cancellation or discontinuance of the Web service while providing of the same or with previous character.
User acknowledges that the guarantees and liability limitations set forth above, take place between the parties a reasonable sharing of risks and responsibilities considering the context and the economic conditions that fall within the provision of the Service.
The User is aware that Safari will not sign this contract without the limitations of liability and warranty set forth below.
Likewise, the Planner warrants and undertakes to indemnify Safari against all damage suffered by the latter or the fact which is charged in connection with a Project, and unlimited guarantee against any action for damages, to put up against Safari, User or any third party due to presentation, the development or implementation of a project presented at The Web.
Safari does not guarantee the availability and continuity of the Web. When it will reasonably possible, Safari will give notice of interruptions in the operation of the Web. Safari will not guarantee the use of the Web to perform any particular activity, nor its infallibility.
Access to the Web is indefinite. However, Safari is empowered to terminate, suspend or terminate unilaterally at any time and without notice, the provision of the Website and / or any of the Services and / or projects, without prejudice of that any provisions will have been set out in the relevant Conditions. When reasonably possible, Safari prior notice of the termination or suspension of the provision of services, so that the users can remove their content.
The Intellectual and Industrial Property shall be governed by the following conditions:
The Service may provide the users the ability to add, create, upload, post, distribute or publish Content. This content can be videos, audio clips, written comments on the forum, data, text, photographs, software, scripts, graphics, or other information on the Site. Recognizing that represent, warrant and can demonstrate that:
The User understand that Safari has the right to remove, edit, modify, reformat, excerpt or translate any materials, content or information submitted, and that all information publicly or privately transmitted through the Web is the sole responsibility of the person from which such content and that Safarican not guarantee the identity of other users with whom he/she may interact in the course of using the Service. Safari does not endorse and has no control over any Submission User. Safari cannot guarantee the authenticity of the data. The User acknowledges that all content that is accessed by the use of the Service is at his/her own risk and its solely responsible for any damage that these entail.
Safari does not grant any license or authorization of use of any kind on its intellectual and industrial property or any other property or right related to Safari, the Services or Content, unless authorized.
Safari, by itself or as an assignee, owns all intellectual and industrial property of the Web, as well as the elements contained therein (including and not limited to (with a limited but no limiting title, images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of materials, computer programs necessary for its operation, access and use, etc.), with ownership or with the use of the rights given by the holders, without being transferred to the User any operation rights recognized by the current legislation on intellectual property, except those that are strictly necessary for the use of The Web.
The trademarks, trade names or logos that are owned by Safari or third parties which can be understood that the access to the Web assign any right to them.
Under the provisions of the Copyright Act, any distribution and public communication are expressly prohibited, including any means of making available of all or part of the contents of the website for commercial purposes, in any form or by any technical means, without the permission of Safari.
The User agrees to respect the rights of ownership of Safari Safari is Intellectual Property, also refrain from removing, altering, evading or manipulating any protection device or security system that was installed on the Web.
Safari reserves the right to cancel user accounts as deemed necessary if it finds a violation of this clause.
Safari reserves the right to exercise all legal action necessary to enforce and respect all intellectual and industrial property of the Web.
SafariSafari has any intellectual property rights on projects that are published and managed through the Web. Safari Safari cannot market or sell these projects and get some of the economic benefits generated by the project, beyond the provisions of these Terms and Conditions specifically as reflected in the published section rates. Safari will not get any benefit from the project after the funding period in the Web.
The Service provides the ability to Project creators to upload own Web content. Safari does not have any ownership rights in such Content..
The Planner accepts and gives Safari a free, transferable, exclusive license to all worldwide scope and the maximum legal period of attachment to this agreement, under which you can:
The Planner stated that the Projects that will be posted on the Web will be only original works created by himself and in no way he/she will try to make copies or reproductions that violate intellectual property rights of third parties. Safari may terminate the accounts of any Users who infringe any intellectual property rights of others. Safari will remove the materials constituting infringement under the rules of intellectual and industrial property if Safari gets to know this cause.
Safari reserves the right to cancel unconfirmed accounts or accounts that are inactive for an extended period of time.
In addition, Safari reserves the right to restrict access to certain sections of the Web to the general public, limiting it only to specific users or group of users through the delivery of an access password which they will be responsible.
IIn the event that The User resides outside of Spain, Safari and The User hereby expressly waive any other jurisdiction, the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain).