1.Regarding the Terms of Use of the Platform: acceptance, modification, and validity
These general conditions govern the use of the service(s) associated with the website https://sellboost.com/ (from now on, the “Platform”), owned by Sellboost Solutions S.L., (“Sellboost”) with a registered address at Calle Triana, 120, 6th floor left – 35002 Las Palmas de Gran Canaria, Spain. VAT: B76348689. Email: legal@sellboost.com, registered in the Commercial Registry of Las Palmas de Gran Canaria, Volume 2219, Folio 169, 1st entry, Sheet GC-55699.
1.1. Platform Users
Browsing and using the Platform grant the user the status of Platform user and implies full and unconditional acceptance of each provision in these General Terms of Use, as published by Sellboost when the user accesses the Platform. The use and/or access to certain services or content on the Platform may be subject to specific conditions (hereinafter, the “Specific Conditions”) and specific contracting conditions for services offered through it, which may replace, complete, and/or modify these general terms of use. In these cases, the user’s prior acceptance of these conditions is a necessary condition for their access to such services or content. In any case, users of the Platform, whether registered or not, must be of legal age, and the use by underage users is prohibited. You assume responsibility for complying with this condition, declaring that you meet the required age to access and use the Platform. Sellboost may, at any time, request any necessary documentation to verify compliance with this condition. In case users violate the terms and policies to which the Platform is subject, Sellboost may prevent user access and suspend the services being provided, without any right to a refund or compensation of any kind.
1.2. Modification of conditions
Therefore, we recommend that the user carefully read these terms of use each time they access the Platform, as they may undergo modifications for legal, technical, corporate, or self-regulation reasons, or by voluntary adherence of Sellboost to existing codes of conduct of interest to its activity and the protection of the rights of its users. Whenever possible, Sellboost will announce through the Platform, in advance of its entry into force, any relevant modification of these conditions for the rights and interests of Platform users. If you do not agree, you may unsubscribe from the respective service(s).
1.3. Validity
The declaration of any of the terms of use as null, invalid, or ineffective will not affect the validity or effectiveness of the remaining terms, which will remain binding between the parties. Likewise, the waiver by either party to demand, at a specific time, compliance with any of these conditions will not imply a general waiver of compliance with any other condition or conditions imposed, nor will it generate an acquired right for the other party.
1.4. Duration
Access to the contents of the Platform is, in principle, of indefinite duration. Sellboost is authorized to terminate or suspend the provision of services or the performance of actions through the Platform at any time, with full respect for the applicable regulations in these cases. When reasonably possible, Sellboost will notify in advance through the Platform of the termination or suspension of the provision of services through it.
General Conditions of Access and Use of the Platform
- Through the Platform, Sellboost provides users with information, requests, access, and/or use of services or content (hereinafter, the “Service” or “Services”), developed or made available by Sellboost under the terms and conditions provided for each case.
2.1. Free nature of access and use of the Platform
Access and/or navigation through the Platform by users is free, notwithstanding the paid nature of the services that may be available through the Platform under the terms and conditions established by Sellboost.
2.2. Navigation, registration, and data forms
In general, initial access or navigation through the Platform does not imply or determine the prior subscription or registration of users. However, Sellboost may condition the provision of certain services or access to the content offered through the Platform to the user’s prior registration on it, as well as the completion by the user of the corresponding data forms. Sellboost reserves the right to unilaterally modify the registration system or data forms provided on the Platform for legal, technical, corporate, or self-regulation reasons or based on the self-regulation processes to which it may be subject.
2.3. Truth, accuracy, and timeliness of user-provided information
The data entered by users in the corresponding registration forms or data forms made available through the Platform must be accurate, current, and truthful at all times and will be processed by Sellboost by Spanish data protection legislation (in the case of personal data). The user (or their legal representative) will be solely responsible for false, inaccurate, or outdated statements made and for any damages caused to Sellboost or third parties due to non-compliance with this duty.
2.4. Obligation to make proper and responsible use of the Platform and Services
The user agrees to use the Platform and Services reasonably following current regulations, these terms of use, the specific conditions of the services, the privacy policy, and other notices, rules of use, and instructions made known to them, morality, generally accepted good customs, and public order. In case of non-compliance with these commitments, Sellboost reserves the right to exclude, prohibit, or deny access to the Platform and its services, without prejudice to the possibility for Sellboost to exercise any legal and/or judicial actions deemed in the interest of its legitimate interests and rights (either its own or third parties).
3. Prohibited Uses
Users of the Platform are prohibited from:
- Using any of the services or content provided through the Platform for illegal or prohibited purposes in these conditions is harmful to the rights and interests of Sellboost, or third parties. Illicit purposes include, among others, the use by users of services or content provided for profit, commercial, theft of business secrets or know-how, promotional, advertising, encouraging participation in all kinds of games of chance, luck, draws or bingo, and data capture from third parties. The use of services and content on the Platform has a purely corporate or personal nature as provided in these same Terms and is exclusively directed to users authorized by Sellboost for these purposes.
- Damaging, disabling, overloading, deteriorating, or preventing the normal use of services through the Platform, as well as cyber-attacking the Platform, systems, or associated processes.
- Transmitting, communicating, or making available to third parties information, data, content, messages, and, in general, any kind of content that:
- is contrary to, belittles or attacks fundamental rights and public freedoms constitutionally recognized, in international treaties and the rest of the applicable legislation, in particular, regarding disabled people and other especially vulnerable groups such as minors or the elderly.
- Particularly violates the right to honour, personal and family privacy, or the image of individuals.
- Contradicts or infringes the fundamental right to privacy and the protection of personal data.
- Induces, incites, or promotes illegal, criminal, denigratory, defamatory, infamous, violent actions, or, in general, actions contrary to the law, morality, and generally accepted good customs or public order.
- Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
- Incorporates, makes available or allows access to illegal, pornographic, criminal, violent, offensive, harmful, degrading, or, in general, content contrary to the law, morality, and generally accepted good customs or public order.
- Induces or may induce an unacceptable state of anxiety or fear.
- Induces or incites involvement in dangerous, risky, or harmful practices for the health and physical or mental balance of individuals;
- Is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained the necessary authorization from the owners for the use they make or intend to make.
- Violates Sellboost’s secrets or those of any other third party.
- Is false, ambiguous, inaccurate, exaggerated, or untimely, inducing or may induce an error about its object or the intentions or purposes of the communicator; (l) in any way undermines the credit of Sellboost or third parties; (ll) constitutes, where appropriate, illegal, misleading, or unfair advertising, and, in general, constitutes unfair competition.
- Incorporating viruses or other physical or electronic elements that may damage or prevent the normal operation of the social network, the system, or computer equipment (hardware and software) of Sellboost or third parties, or that may damage electronic documents, digital content, and files stored on such computer systems or equipment.
- Causing, due to its characteristics (such as format, extension, etc.), difficulties in the normal operation of services or access to the Platform or its contents.
In case of violation of these prohibitions by the users concerned, and from the moment Sellboost becomes aware of the facts, this entity may make to them any necessary warnings for the immediate cessation of such activities/actions; promote their immediate withdrawal or rectification; as well as not transmit or, simply, not take into account, where appropriate, possible assessments, opinions, or comments made within the framework of the Platform.
If the user concerned does not respond to Sellboost’s requests, by the mere legal or judicial mandate, or simply in response to their own or third-party legitimate interests, Sellboost may block and remove from the Platform, at any time, the above elements, information, assessments, and contents if it becomes aware of their illegitimacy without the need for prior notice to users. It may also suspend, deactivate, or delete the user’s account, if any, without generating any right or monetary compensation in favour of the user.
4. Intellectual and Industrial Property
The user agrees to use the contents and services made available to them on the Platform, understanding by these, without this enumeration being limiting, the texts, graphics, images, icons, technology, software, links, and other digital, audiovisual, or sound content, as well as their graphic design and source codes (hereinafter, the “Contents”), following the law, these terms of use, the specific conditions of the services, and other notices, rules of use, and instructions made known to them, as well as with generally accepted morality and good customs and public order. In particular, they undertake to refrain from:
- Reproducing, copying, distributing, making available or otherwise publicly communicating, transforming, or modifying the services and contents unless authorized by the holder of the corresponding rights or it is legally permitted.
- Deleting, manipulating, or in any way altering the “copyright” and other identifying data of Sellboost’s rights or third parties.
- Exercising or abusing the exercise of exploitation rights associated with such content unless expressly authorized for this purpose by its legitimate owner and, where appropriate, under the conditions expressly agreed in this regard.
All trademarks, names, distinctive signs, content architecture (design, navigation, ordering, and taxonomy of the Platform and its content, etc.), and content or software of any kind incorporated into the Platform are the property of Sellboost or third parties, and it cannot be understood that the use or access to the Platform and/or the contents or services attributes to the user any right over said trademarks, trade names, and/or distinctive signs, as well as over any other elements made available through it.
In short, the contents and other services are under the intellectual or industrial property of Sellboost or third parties, and the user cannot be understood to be assigned, under these conditions of use or services, any of the rights that fall or may fall on them, beyond what is strictly necessary for the correct use or access to the Platform and the services and contents (non-sublicensable use to third parties due to the specific characteristics of the service and other legal requirements associated) that, through it, are provided or may be provided to the user.
5. Hyperlinks
Users and, in general, those who intend to establish a hyperlink between their website and the Platform (hereinafter, the “Hyperlink”) must comply with the following conditions:
- The hyperlink will only allow access to the home page or main page of the Platform but may not reproduce them in any way, including the prohibition of reproducing or linking to specific content or services of the Platform without the express and written authorization of Sellboost.
- A frame will not be created on the Platform’s web pages.
- False, inaccurate, or incorrect statements or indications will not be made about Sellboost, its members, its employees or collaborators, or regarding the contents or services supplied, either directly or indirectly.
- It will not be stated or implied that Sellboost or any other third party present on the Platform has authorized the hyperlink or has supervised or assumed in any way the services offered or made available on the website where the hyperlink is established. Except for those signs that are part of the same hyperlink, the website where the hyperlink is established will not contain any trademark, name, label, denomination, logo, slogan, or other distinctive signs belonging to Sellboost or third parties related to it, especially those visible through the Platform.
- The website where the hyperlink is established will not contain illegal information or content, contrary to generally accepted morality and good customs and public order, especially regarding disabled or especially vulnerable people such as minors or the elderly, nor will it contain content that infringes on any rights of Sellboost or third parties.
The establishment of the hyperlink does not imply, in any case, the existence of relations between Sellboost and any third party included or existing on the Platform, on the one hand, and the owner of the website where it is established, on the other hand, nor acceptance and approval by Sellboost or such third parties, of their contents or services.
In any case, Sellboost may, at any time, request the people who have established a hyperlink between their website and the Platform to remove it, with the reservation of any legal and/or judicial actions that may correspond.
6. Exclusion of Guarantees and Liability
Sellboost does not guarantee the availability and continuity of the operation of the Platform and the services provided through it, whether its own or those of third parties. When reasonably possible, it will give prior notice of interruptions in the operation of the Platform, access to its contents, or the provision of the corresponding services.
Sellboost also does not guarantee the usefulness of the Platform and the contents and services provided through it for the performance of any specific activity or purpose intended by the user.
Sellboost does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations to your computer system (software and hardware) or the electronic documents and files stored on your computer system, although it will adopt the necessary preventive and corrective measures in this area.
Sellboost does not guarantee the truthfulness, accuracy, completeness, legality, reliability, and usefulness of the contents and services of the Platform, in particular, those provided, offered, advertised, or assigned by third parties unrelated to this entity.
Sellboost may provide users with technical link devices through the Platform (such as among others, links, banners, and buttons), directories, and search tools that allow users to access websites owned and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links, directories, and search tools on the Platform is for the sole purpose of facilitating users’ search and access to information, content, and services available on the Internet. The results of search tools are provided directly by third parties and are a consequence of the automatic operation of technical mechanisms, so Sellboost cannot control or control these results, and, in particular, that among them there may be Internet sites whose contents may be illegal, contrary to morality or good customs, or considered inappropriate for other reasons.
Sellboost, as a mere provider of information society services, does not assume, direct, control, or in any way identify with the opinions, comments, or actions associated with users, nor does it have any editorial activity in this area. The user (and, where appropriate, their respective legal representatives) will be solely responsible for such opinions, comments, or actions through the Platform.
Sellboost also does not assume, share, or cooperate in any way with the intended purpose of the Linked Sites or with the contents or services they provide or offer to the public, and, therefore, does not guarantee the absence of virus or other elements in them that may cause alterations in the user’s computer system (software and hardware), documents, or files, excluding any responsibility for damages of any kind caused to the user for this reason.
Any claims or legal actions about the quality, legitimacy, reliability, usefulness, availability, or contents and/or services of the Linked Sites must be addressed directly to the third-party owners of the Linked Sites.
7. Suspension and Termination of Services
Sellboost may terminate or suspend the provision of services through the Platform at any time and without the need for prior notice. When reasonably possible, Sellboost will notify in advance through the Platform of the termination or suspension of the provision of services through it.
8. Applicable Legislation and Jurisdiction
These terms of use are governed by Spanish law. The parties submit, at their option, to resolve conflicts and renounce any other jurisdiction, to the courts and tribunals of the user’s domicile. The language used will be Spanish.
Updated on January 1, 2024.