Terms And Conditions

Last revision: June 11, 2019

We welcome you to Depixs. If you live in the European Union, these Terms of Use are established between you and:

Depixs Worldwide SL. 
Font I Monteros, 14, Balearic Islands. 

 

If you live outside the European Union, these Terms of Use are established between you and:

Depixs Worldwide SL. 
Font I Monteros, 14, Balearic Islands. 

 

The terms “we”, the “Company” or “Depixs” refer to Depixs Worldwide SL, depending on your country of residence.

1. Acceptance of the Terms of Use Agreement.

By creating an account with Depixs, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree that you will be bound by (i) these Terms of Use, (ii) our privacy policy, each of which is incorporated by reference into this Agreement, and (iii) any of the terms that have been disclosed to you and that you have accepted if you purchase the additional features, products or services that we offer in the Service (collectively , this agreement”). If you do not accept or agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and the Services from time to time. We may do this for a variety of reasons, including reflecting changes in legislation or its requirements, new features, or changes in business practices. The latest version of this Agreement will be published on the Services under Settings and also on depixs.com, and you should periodically check for the latest version. The latest version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes in advance using reasonable means, which may include notification through the Services or by email. If you continue to use the Services after the changes take effect,

2. Eligibility.

You must be at least 18 years old to create a Depixs account and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Depixs,
  • You are not a person prohibited from using the Service in accordance with the laws of the United States or any other applicable jurisdiction — which means that you are not and are not on the list of specially designated citizens of the United States Department of the Treasury. subject to any other similar prohibition,
  • You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
  • You have never been convicted of a crime or felony (or a crime of similar severity), a sex crime, or any violent crime, and you are not required to register as a sex offender with any state, federal, or local sex offender registry.

3. Your account.

To use Depixs, you can log in with your Facebook username. By doing so, you authorize us to access and use certain information from your Facebook account, including, without limitation, your public Facebook profile and information about Facebook friends. that you have in common with other Depixs users. For more information regarding the data we collect and how we use it.

You are responsible for maintaining the confidentiality of the access credentials you use to register with Depixs and are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us immediately.

4. Modification of the Services and cancellation.

Depixs always strives to improve the Services and provide you with additional features that are attractive and useful to you. This means that we may add new features or product enhancements from time to time, as well as remove some features, and if these actions do not substantially affect your rights or obligations, we may not inform you of this before adopting them. We may even suspend all of the Services, in which case we will notify you in advance unless extenuating circumstances, such as security issues, prevent us from doing so.

You can cancel your account one month in advance and for any reason, following the instructions that appear in the “Configuration” of the Service. However, if you use a third-party payment account, you will have to manage purchases through that account (eg iTunes, Google Play) to avoid any additional billing. Depixs may terminate your account at any time without notice if it believes that you have violated this Agreement. In the event of such cancellation, you will not be entitled to receive any refund for purchases. Upon termination of your account, this Agreement will terminate, except for the following provisions that will continue to apply to you and Depixs: section 4, section 5, and sections 12 through 19.

5. Security; your interactions with other users.

Although Depixs strives to foster a respectful user experience through features such as double consent (which only allows users to communicate with each other when both have indicated that they have an interest in each other), Depixs is not responsible for the conduct. of any user inside or outside the Service. You agree to act with caution in all interactions with other users, especially if you decide to communicate with them outside the Service or meet them in person. Additionally, you agree to review and follow Depixs Security Tips before using the Service. You agree not to provide your financial information (for example, your credit card or bank account information) or electronically transfer or send money in any other way to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT Depixs DOES NOT VERIFY USERS ‘CRIMINAL RECORDS OR OTHERWISE INVESTIGATE THE BACKGROUNDS OF ITS USERS. DEPIXS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BEHAVIOR OF USERS. DEPIXS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BEHAVIOR OF USERS.

6. Rights that Depixs grants you.

Depixs grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license for access to and use of the Services. This license is granted for the sole purpose of allowing you to use and enjoy the benefits of the Services as provided by Depixs and permitted by this Agreement. Therefore, you agree to:

  • use the Service or any content included in the Service for commercial purposes without our written consent.
  • copy, modify, transmit, create derivative works from, make use of, or reproduce in any way any copyrighted material or images, trademarks, trade names, service marks, or other intellectual property, content or reserved information accessible to through the service without the prior written consent of Depixs.
  • expressly or implicitly indicate that none of the statements you make are supported by Depixs.
  • use any robot, bot, spider, crawler, scraper, site search / recovery application, proxy or other device, method or manual or automatic process to access, retrieve, index, “mine data”, or in any way reproduce or avoid the navigation or presentation structure of the Service or its content.
  • not to use the Services in any way that could interfere with, interrupt or negatively affect the Service or the servers or networks connected to the Service.
  • not upload viruses or other malicious code or otherwise endanger the security of the Service.
  • falsify headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Service.
  • “Frame” or “reproduce” any part of the Service, without the prior written authorization of Depixs.
  • use meta tags or code or other devices that contain any reference to Depixs or the Service (or any registered trademark, trade name, service mark, logo or slogan of Depixs) to direct anyone to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile, or otherwise disassemble any part of the Service, or have others do so.
  • not to use or develop third-party applications that interact with the service or the Content or information of other users without our written consent.
  • use, access, or publish the Depixs application programming interface without our written consent.
  • Do not investigate, scan or test the vulnerability of our Services or any system or network.
  • encourage or promote any activity that violates this Agreement.

The Company may investigate and adopt the legal actions that are available to it in response to illegal and / or unauthorized uses of the Service, including the cancellation of your account.

Any software we provide to you can automatically download and install updates, enhancements, or other new features. You may be able to adjust these automatic downloads through your device settings.

7. Rights you grant to Depixs.

By creating an account, you grant Depixs a worldwide, transferable, sub-licenseable, royalty-free license and right to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information to the that you have authorized us to access from Facebook, as well as any information that you publish, upload, display or make available (collectively “publish”) on the Service or transmit to other users (collectively “Content”). The Depixs license regarding its content will not be exclusive, except for the Depixs license regarding derivative works created through the use of the service, which will be exclusive. For example, Depixs would have an exclusive license for screenshots of the Service that include its content. Likewise, In order for Depixs to prevent use of your Content outside of the Service, you authorize Depixs to act on your behalf with respect to infringing uses of your Content removed from the Service by other users or by third parties. The authorization, but not the obligation, to send notifications as stipulated in 17 USC § 512 (c) (3) (that is, DMCA withdrawal notices) on your behalf if your Content is extracted and used is expressly included. by third parties outside the Service. Our license to your Content is subject to your rights under applicable law (for example, personal data protection laws to the extent that any Content contains personal information defined by those laws) and is exercised for the limited purpose of operating, develop, provide and improve the Service, and research and develop new services. You agree that any Content that you post or that you authorize us to post on the Service may be viewed by other users and may be viewed by anyone who visits or participates in the Service (such as people who may receive Shared Content from other Depixs users ).

You agree that all information you provide when creating your account, including information provided from your Facebook account, is accurate and truthful and that you have the right to post the Content on the Service and to grant Depixs the license indicated above.

You understand and agree that we can control or review any Content that you post as part of a Service. We may delete any content, in whole or in part, that we believe violates this Agreement or may damage the reputation of the Service.

When you contact our customer service representatives, you agree to be respectful and friendly. If we believe that your behavior towards any of our customer service representatives or other employees is, at any time, threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for the authorization granted by Depixs to use the Services, you agree that we, as well as our affiliates and external partners, may place advertising on the Services. By submitting suggestions or comments to Depixs regarding our services, you agree that Depixs may use and share such information for any purpose without compensation to you.

We ask that you be aware that Depixs may access the information and Content of your account, in addition to keeping and disclosing it, if required by law or if in good faith Depixs considers that such access, preservation or disclosure serves a legitimate interest. For example, to: (i) comply with legal processes; (ii) comply with this Agreement; (iii) respond to claims that any Content infringes the rights of third parties; (iv) respond to your requests to the customer service department; or (v) protect the rights, property, or personal safety of the Company or any other person.

8. Community rules.  
By using the Services, you agree to:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • not use the Service for harmful or malicious purposes
  • not use the Service to harm Depixs
  • not violate our Community Guides, which we update from time to time.
  • send spam, request money from or defraud any user.
  • Impersonate another person or entity or publish any image of another person without your permission.
  • not harass, “stalk”, intimidate, assault, harass, mistreat or defame anyone.
  • post any Content that violates or infringes on the rights of any person, including advertising, privacy, copyright, trademark or other intellectual property or contractual rights.
  • post any Content that is hateful, threatening, sexually explicit, or pornographic; incite violence; or that contains nudity or graphic or free violence.
  • Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • request passwords for any purpose, or personally identifiable information from other users for commercial or illegal purposes, or disseminate someone else’s personal information without their permission.
  • use another user’s account, share an account with another user, or maintain more than one account.
  • create another account if we have already canceled your account, unless you have our permission.

Depixs reserves the right to investigate and / or terminate your account without granting you a refund for purchases if you have violated this Agreement, misused the service, or behaved in a way that Depixs deems inappropriate or illegal, including actions or communications that occur within or outside the Service.

9. Content from other users.

Although Depixs reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it and Depixs cannot guarantee that all Content will comply with this Agreement. If you find Content that violates this Agreement in the Service, notify it within the Service itself or through our contact page.

10. Purchases.

Usually. Occasionally, Depixs may offer the purchase of products and services (“in-app purchases”) through iTunes, Google Play, billing to your telephone operator, direct Depixs billing or through other application platforms authorized by Depixs. . If you choose to make an in-app purchase, you will be asked to confirm your purchase through the relevant payment provider; your payment method (whether by credit card or through an external account, such as Google Play or iTunes) (your “Payment method”) will receive a charge for the purchase within the application according to the prices shown for the selected service or services, adding any sales tax or similar that could be applied to your payments; you authorize Depixs or the external account, as appropriate, to make those charges. If you purchase a periodic subscription for automatic renewal through an in-app purchase, the subscription will be billed to your IAP Account continuously until its cancellation. After the initial subscription commitment period (and after any subsequent subscription period), the subscription will automatically continue for an additional equivalent period, at the price agreed upon upon subscription.

Automatic renewal; Automatic card payment

Subscriptions are automatically renewed, until you unsubscribe or cancel. When you purchase a subscription, your Payment Method will continue to receive monthly upfront charges within 24 hours of the date of the initial purchase, with such subscription being paid at the price you agreed upon initially enrolling. The information on your card for payments will be stored and will be used later to carry out automatic collections following the provisions of the Agreement.

After each payment, you will receive a receipt by email. Objections to a payment already made should be directed to customer service if you were billed directly by Depixs, or the appropriate third-party account (such as iTunes). You can also object by contacting your bank or payment provider, who can provide you with more information about your rights, as well as the applicable deadlines.

You can unconditionally withdraw your consent to automatic card payments at any time. For this, you must go to the Settings section in Depixs or in the corresponding external account. However, please note that you will still be required to pay any outstanding amount.

If you want to change or cancel the subscription, you will have to log in to your external account (in the Depixs Settings) and follow the instructions to stop or cancel your subscription, even if you have canceled your account with us or have removed the app Depixs from your device. Deleting your Depixs account or removing the Depixs app from your device does not stop or cancel your subscription; Depixs will retain all funds charged to your payment method until you terminate or cancel your subscription to Depixs or the external account, as the case may be. If you terminate or cancel your subscription, you will be able to continue using said subscription until the current subscription period ends. Once the current subscription period ends, your subscription will not be renewed.

Additional terms that apply if you pay Depixs directly using your payment method. If you pay Depixs directly, Depixs will be able to correct any billing errors even when you have already requested or received payment. If you request a chargeback or attempt to cancel a payment of any other nature made using your Payment Method, Depixs may immediately terminate your account at its sole discretion.

To edit your Payment Method information, go to Depixs and go to “My Profile”. In the event that a payment is not made correctly, due to expiration, lack of funds or any other reason derived from the Payment Method, and you do not modify the information of your Payment Method or cancel your subscription, you will remain responsible for the amounts not collected and authorizes us to continue billing through the Payment Method, which may be updated. This may result in the billing dates of your payments being changed. In addition, you authorize us to obtain the expiration dates and updated or substitute card numbers for your credit or debit cards according to the information provided by the issuer of your credit or debit cards.

Super Likes and other Virtual Items. Occasionally, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, and revocable license to use “virtual items”, including, without limitation, Super Likes (collectively “Virtual Items”). Any Virtual Items balance displayed on your account does not constitute a real world balance or reflect any stored value, but is a measure of the extent of your license. Virtual Items do not incur charges for non-use. However, the license granted to you in Virtual Items will be canceled in accordance with the terms of this Agreement when Depixs finishes providing the Service or your account is closed or otherwise canceled. Depixs, at its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and / or may distribute Virtual Items with or without charge. Depixs can manage, regulate, control, modify or delete Virtual Articles at any time. Depixs will not assume any responsibility with you or with third parties in the event that Depixs exercises any of those rights. Virtual Items can only be redeemed through the Service. ALL PURCHASES AND EXCHANGES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that begins immediately upon acceptance of your purchase of such Virtual Items.

Refunds.  In general, purchase charges are non-refundable and there are no refunds or credits for partially used periods. We may make an exception if a refund is requested for a subscription offer within fourteen days from the date of the transaction, or if the law in your jurisdiction provides for refunds.

Subscribers residing in the EU or the European Economic Area, in accordance with local legislation, are entitled to a full refund without the need to indicate the reason for the 14 days following the start of the subscription. Please note that this 14-day period begins when the subscription starts.

Virtual item purchases are FINAL AND NON-REFUNDABLE.

To request a refund: 
If you subscribed using an Apple ID, refunds will be handled by Apple and not Depixs. To request a refund, go to iTunes, click on the Apple ID, select “Purchase History”, search for the transaction and click on “Report a problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed through your Google Play Store account or directly through Depixs: contact the customer service department and report your Google Play Store order number (the order number is in the mail order confirmation email or Google Wallet) or Depixs (you will find it in the confirmation email). You may also send a message by mail or deliver a signed and dated notice stating that you, the buyer, wish to cancel this agreement, or other words to that effect. Along with the order number, also include the email address or phone number associated with your account.

As an alternative, you can use the standard cancellation form (Annex 1), but this is not a requirement.

Exception to cancellation right:  If you use your cancellation right (except for purchases made using your Apple ID, which is controlled by Apple), we will refund (or ask Google to refund) for all payments we have received from you, without undue delay and in any case within a maximum period of 14 days after the date of receipt of your notification indicating your decision to cancel the Agreement. The refund will be made using the same payment method that was used in the initial transaction. In no event will you be charged any fees as a result of the refund.

Consequences of cancellation:  You will not be able to cancel an order for the delivery of digital content that is not delivered by physical means if the order has already begun to be processed with your consent and prior and explicit acknowledgment that you will lose your right in this case. of cancellation. This is applicable to, eg. eg, purchases of virtual Items. This means that such purchases are FINAL AND NON-REFUNDABLE.

11. Notification and procedure for claims for copyright infringement.

If you believe that your work has been copied and published on the Service in a manner that constitutes copyright infringement, please provide the following information to our Copyright Agent:

  • an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of the location within the Service of the material that you claim infringes your copyright (and such description must be reasonable enough to allow us to find the alleged infringing material);
  • your contact information, including address, telephone number, and email address;
  • a written statement by you stating that you have a good faith belief that the use in question is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, stating that the information stated above and mentioned in your notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the copyright owner.

Notifications of claims for copyright infringement must be submitted to the Company’s Copyright Agent by email at  info@depixs.com .

Depixs will cancel the accounts of repeat offenders.

12. Disclaimers.

DEPIXS PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY APPLICABLE LEGISLATION, MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, LEGAL OR OTHERWISE WITH REGARD TO THE SERVICE THEREOF), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DEPIXS DOES NOT REPRESENT OR GUARANTEE (A) THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER, (B) THAT ANY DEFECT OR ERROR IN THE SERVICE WILL BE CORRECTED, NOR (C) WHAT ANY CONTENT OR INFORMATION IT OBTAINS IN OR THROUGH THE SERVICES, BE EXACT.

DEPIXS IS NOT RESPONSIBLE FOR THE CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY PUBLISHES, SENDS OR RECEIVES THROUGH THE SERVICES. YOU ACCESS ANY MATERIAL DOWNLOADED OR OBTAINED IN ANY OTHER WAY THROUGH YOUR USE OF THE SERVICE AT YOUR SOLE RISK.

13. Third party services.

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Depixs is not responsible for the availability (or unavailability) of such external websites or resources. If you choose to interact with third parties that are made available to you through our Service, the terms of such third parties will govern your relationship with you. Depixs is not responsible for the terms or actions of such third parties.

14. Limitation of liability.

UNTIL APPLICABLE LAW ALLOWS, NEITHER DEPIXS NOR ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS SHALL IN ANY EVENT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, LIABLE, INCIDENTAL, SPECIAL, OR PAYABLE WHETHER DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, WHICH RESULT FROM: (I) YOUR ACCESS TO OR USE OF, OR IMPOSSIBILITY OF ACCESS TO OR USE OF, THE SERVICES ) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES IN, THROUGH, OR AFTER THE USE OF THE SERVICES; OR (III) THE UNAUTHORIZED ACCESS, USE OR ALTERATION OF ITS CONTENT, EVEN IF DEPIXS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

15. Arbitration, waiver of class action and resignation of jury.

Except for users residing in the EU or the European Economic Area and other places where it is prohibited by applicable law:

  1. The only method available for the resolution of any conflict or claim arising from or related to this Agreement (including any alleged violation thereof) or the Service will be BINDING ARBITRATION managed by the American Arbitration Association in accordance with the Arbitration Rules. of consumption. There is only one exception to the exclusivity of arbitration, when you have the right to file an individual claim against the Company in a court for small claims with competent jurisdiction. However, regardless of whether you choose arbitration or a small claims court, in no event may you initiate or maintain any class action, class arbitration, or other class action or proceeding against the Company.
  2. By using the service in any way, you agree to the above arbitration agreement. By doing so, YOU WAIVE YOUR RIGHT TO GO TO COURT to assert or defend any claim between you and the Company (except for those matters that may be brought in court for small claims). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS ACTION. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator will determine all issues related to the resolution of the dispute through arbitration. You have the right to a fair hearing before the arbitrator. The arbitrator may grant all remedies that a court may grant, But you should keep in mind that arbitration proceedings are usually simpler and more expeditious than trials and other judicial proceedings. The arbitrator’s decisions are enforceable in court and can be overturned by a court only for very limited reasons. For more details on the arbitration process, see our Arbitration Procedures.
  3. Any procedure to enforce this arbitration agreement, including any procedure to confirm, modify or annul an arbitration award, may be initiated in any court of competent jurisdiction.
  4. This Agreement, and any conflict between you and the Company, will be governed by the laws of Spain regardless of the principles of conflict of laws, provided that this arbitration agreement is governed by the Federal Law of Arbitration.

16. Applicable legislation.

For users residing in the European Union or the European Economic Area or in other places where our arbitration agreement is prohibited by law, any conflict arising from or related to this Agreement or the Services will be subject to the laws of Spain. , excluding the rules on conflict of laws in Spain. Notwithstanding the foregoing, the Arbitration Agreement of Section 16 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of applicable Spanish law will not take precedence over mandatory consumer protection legislation in such jurisdictions.

18. Indemnification on your part.

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Depixs, our affiliates, and their / our respective officers, directors, agents and employees from all complaints, demands, claims, damages, losses, cost, liability and expense, including attorney’s fees, caused by, arising out of, or related in any way to your access to or use of the Service, its Content, or your breach of this Agreement.

19. Entire Agreement and Others.

This Agreement, along with the Privacy Policy, Security Tips and any of the terms that have been disclosed and that you have accepted when purchasing any of the additional features, products or services that we offer on the Service, contains the complete agreement between you and Depixs regarding the use of the Service. If any provision of this Agreement is declared invalid, the remainder of this Agreement will continue in full force and effect. Failure of the Company to exercise or enforce a right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Depixs account is not transferable and that all your rights to your account and its Content terminate at the time of your death. This Agreement does not create any agent, association,