PLEASE NOTE: ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE CONSTITUTES THE FORMALIZATION AND SUBSCRIPTION TO A CONTRACT THAT IS LEGALLY BINDING FOR BOTH PARTIES.
Service Provider’s Identification Data
The Geonick applications are the creation and property of GEONICK FINDER, SL, a Spanish company whose Fiscal Identification Number is B65702045.
To clarify any points of these General Terms and Conditions or any other aspects, please consult:
Geonick Finder S.L
Parc UPC Campus Nord - Edifici k2m
C/ Jordi Girona, 1 - 3
08034 Barcelona
Preamble: General Terms and Conditions of Use for the Geonick Application
The User shall at all times comply with the provisions of regulations in force; these General Terms and Conditions of Use and any modifications that may be made hereto, with or without prior notice; the Privacy Policy; and the procedures described in the application.
Users are hereby informed that the use of Geonick, as well as all the services, applications and content offered thereby, are governed by these General Terms and Conditions of Use.
The use of Geonick automatically confers the condition of “User”, which constitutes the User’s express, full acceptance of the General Terms and Conditions of Use in force at any time the User accesses the application. The full text of the General Terms and Conditions of Use is available on this website. Consequently, any User who does not agree to the contents hereof should abstain from using the portal and its applications. The User hereby undertakes not to use the portal or its services, applications or content in any way that is contrary to the provisions of legislation in force that may be applicable at any given moment.
Geonick hereby reserves the right to modify at any time these General Terms and Conditions of Use, and any other general or specific terms and conditions, regulations of use or notices that may be applicable. Any modification to these General Terms and Conditions of Use shall enter into force and be applicable from the moment it is published on the portal, there being no requirement to give Users any prior notice. Geonick furthermore reserves the right to modify at any time the presentation, configuration and location of the website, its content and the terms and conditions required for its use.
Some services or conditions offered on the website shall be subject to other general or specific terms and conditions, which shall complement and, in the event of incompatibility, substitute these General Terms and Conditions of Use with respect to the specific service to which they refer.
The User hereby undertakes to regularly peruse the General Terms and Conditions of Use and the Geonick Privacy Policy and to maintain his or her profile up to date at all times. The User also undertakes to peruse all notices sent by Geonick regarding the services it offers and to use in good faith all its services and applications lawfully and within the legal, regulatory and contractual limits established.
The User may access, print, download and store these General Terms and Conditions of Use at any time - even after signing this contract - by clicking the section Terms and Conditions of Use on the Geonick website.
Article 1. Purpose
Geonick is an affinity search engine that enables Users to explore, discover and contact other people with similar interests or hobbies, and to share with them their doubts, knowledge and advertisements.
For this purpose, a website application has been created with the structure of a social network specializing in the world of affinities and hobbies which connects and groups Users together in specific thematic fields freely created by the community as a whole.
It is a source of information, experience and knowledge focusing on the interests and hobbies of all Users, generated and shared by all through a collaborative system of questions, answers and ads.
Geonick is a social application that develops an extensive database specializing in the world of affinities and using Google Maps to geolocate Users.
Geonick is designed to be of great help to people and communities with common interests and hobbies, given that it is a real-time search engine that connects and geolocates all members with similar interests to a specific User. It is furthermore a specialized social application and the doorway to a source of free, collaborative knowledge of people’s affinities.
Article 2. Description of the Service Offered by Geonick and its Use
Geonick is an online social search engine that enables Users to locate other member Users with similar interests, communicate with them and exchange knowledge and experience. Such contacts between Users are generated based on two parameters:
Mutual personal affinities
Geographic location
Any subjects of interest (hobbies, activities, concerns) that Users indicate in their profile enable them to discover and communicate with new circles of contacts based on these interests.
Users are provided with tools that enable them to expand their own hobbies and interests. The main tools available for this purpose include: viewing people with same interests on the map, sending messages, exchanging questions and answers, and posting ads.
All connections and communications between Users are 100% anonymous. Users are only identified by their nicknames, their non-identifying general data (age, sex, city, zip code, country, languages) and, optionally, a free-format image or photo that identifies them. Furthermore, it is the Users themselves who choose whether to send personal data to other Users by means of messages, or through the question-andanswer and ads sections.
The main features of Geonick are as follows:
Social search engine specializing in affinities and hobbies shared by member Users.
Configuration of a personal passport (profile) with up to 10 interests or hobbies and up to 10 preferred places or locations for carrying out their hobbies.
Geolocation on the map of Users sharing affinities.
Internal post box for Users to send and receive messages.
Access and generation of collective information by means of a system of questions and answers.
Bulletin board of personal advertisments to promote more dynamic contacts within the User community as a whole.
Article 3. Registration and Signing the Contract
When a User registers with Geonick or uses the website application, he or she subscribes to and formalizes a legally binding contract with the Spanish company Geonick Finder, SL (with Fiscal Identification Number B65702045 and registered offices at World Trade Center, Edificio Sud - 2ª Planta, 08039 Barcelona) in accordance with the provisions hereof and those of the Privacy Policy, which forms part hereof, in his/her capacity as a Geonick User. When joining by providing the corresponding data in the registration stage (Register), the User expressly confirms that he/she has read and understood the provisions of these General Terms and Conditions of Use and will abide by said provisions.
If someone does not expressly wish to become a Geonick User, he/she should not formalize this contract (i.e. should not register).
Article 4. Right to Desist
The User may desist from registering for both the Tourist Passport and the 30-Day Trial Period Explorer Passport modalities within 24 working hours from the time he/she actually registers, by sending a request to this effect. In such cases, the User shall not need to indicate the reasons for wishing to desist from the requested product and shall not be submitted to any kind of penalty.
Article 5. Deletion from Service and Termination of Contract
All Users may delete themselves from their subscription to Geonick at any time and without giving any reason for it. All they have to do is request the cancellation of their account in the Delete section. Once said deletion has been successfully formalized, the User in question will be deleted immediately and all corresponding content will be erased.
A request for deletion shall in no case entail repayment of any amounts already paid for the Explorer Passport still in force at the time deletion is requested.
Furthermore, Geonick hereby reserves the right to delete an account as a precaution if a User commits a breach as provided for herein and does not remedy said breach within seven calendar days from the date an e-mail is sent to said User requiring him/her to comply with these General Terms and Conditions of Use or those in force at the time such facts occur. In all cases, the User shall be notified by e-mail of said precautionary deletion.
Geonick hereby reserves the right to suspend and deactivate a User’s account without prior notice whenever it so deems appropriate in view of the seriousness of the breach presumably committed by the User.
A User’s effective deletion entails the cancellation, destruction or freezing of all data relating to the User, in accordance with the provisions of regulations in force on the protection of personal data.
Article 6. Content Provided to Geonick
The User owns and is responsible for all information provided to the Geonick application, so he/she shall be exclusively answerable for the ownership and authenticity of said information and may request its elimination at any time, except when the User has shared such information or content with other Users who have not, in turn, eliminated it.
The User may only write text content and may not insert any photos or videos, except for the photo, graphical representation or image used to identify his/her avatar or profile.
The User hereby declares and guarantees that the information and/or content of any kind provided via Geonick is entirely of his/her ownership or, if not, that he/she has the corresponding authorization for dissemination, that said information is true, not confidential and does not breach any third-party contractual restrictions or rights. In the event of non-compliance, the User shall assume all liability that may derive therefrom.
The User hereby undertakes to give true information in his/her profile, and to keep said profile up to date at all times. The User consequently undertakes hereby to regularly update the profile.
For the purposes of notification, the information included in the User’s profile shall in any case be deemed true and in force to all effects.
Any breach or infringement of this clause shall be the User’s exclusive responsibility, and Geonick shall be held exempt from any kind of direct or subsidiary liability that may be derived or required in the event of failure to comply with this clause.
In any case, the obligatory data that the User shall provide when registering on Geonick are as follows:
User name or nickname
Age
Sex (optional)
City
Zip code
Country
Languages
Profile image or photo (optional)
The User has been informed and hereby accepts that any information or idea that he/she publishes or shares via Geonick may be seen or used by other Users and that Geonick may not limit or control the use made thereof. Therefore, if the User wishes to keep certain information confidential, or does not wish it to be used by others, he/she should ensure that it is not published or communicated. Geonick shall in no case be held liable for any use that may be made of such information.
The User is hereby also informed that, if the information provided is subject, or could be subject, to third-party rights, the publication or communication of said information could infringe or breach their respective rights. The User is therefore once more warned that, should said information be shared or published, it shall be under the User’s exclusive responsibility.
Each User’s e-mail address shall be private, and no other Users in the community may have access to said address, which shall be used only by Geonick for the purposes of internal communication with the User.
Geonick shall in no case be held responsible for the improper use of information or content, or for any undue appropriation thereof by Users via any of the applications.
Article 7. Legal Requirements for Using the Geonick Service
In order to register as a Geonick User, the User shall:
Be over 18 years of age.
Have sufficient legal capacity to sign this contract.
Not have had his/her use of Geonick restricted previously.
Not use the Geonick services to compete with Geonick.
Not maintain more than one active account with Geonick.
Not infringe any of Geonick’s rights, including intellectual property rights, copyrights and trademarks.
Not infringe his/her own rights or those of third parties in the use of Geonick or by means of its applications.
The User hereby declares and guarantees, under his/her full responsibility, that he/ she meets all the above requirements. Geonick may at any time require, by e-mail or any other means of notification, that the User suitably provide effective proof of his/her compliance with any or all of the above requirements. Should the User not provide the required accreditation, Geonick may proceed with the precautionary deletion of the User until he/she has presented proof of compliance with the Geonick requirements.
Article 8. Technical Requirements for Using the Geonick Service
For suitable and optimal use of Geonick, the User should have a computer with sufficient speed to access the Internet and install the latest versions of the main navigators.
Geonick shall not be held liable for any loss of data or the suspension of activity caused by problems beyond its control, such as the deficient operation of computer servers or systems, or third-party attacks and external sabotage.
Article 9. Identification and Authentication
To guarantee the confidentiality of the information contained in the application and compliance with data-protection regulations in force, Geonick requires that, upon registering, the User introduce a password of his/her choice for use in association with the User name or nickname. Said password shall:
Consist of between 5 and 16 characters.
Be made up of a recommended combination of letters and numbers.
Be personal and non-transferable.
The User shall also in all cases respect the following obligations for the entire duration of the contract:
Keep the password confidential and safe and in no case cede or transfer it or make it public.
Not allow anyone other than the User to use the account.
Abstain from using the accounts of other Users.
Abstain from selling, ceding or transferring other Users’ accounts to third parties.
Abstain from collecting money from third parties for providing access to Geonick or information on the content.
Not cede, sell, transfer or publicize the information to which he/she has access as a User of Geonick to other Users or third parties.
Failure to comply with these obligations shall constitute the User’s exclusive assumption of all direct and subsidiary liability deriving from said non-compliance, thereby leaving Geonick fully exempt from any responsibility.
The User shall be solely responsible for the use to which the account is put.
Article 10. Service Modalities
Before using any of the Geonick service modalities, the User shall register with Geonick.
Geonick offers registered Users two service modalities:
-Tourist Passport:
The Tourist Passport is free of charge and offers Users the following features:
Registration on the platform.
Access, consultation and generation of content in the sections:
My Map. Viewing people with similar interests on the maps and in complete lists of Users ordered from highest to lowest number of affinities. The possibility of consulting each User’s passport.
Contacts. Invite up to 10 people. Receive unlimited invitations.
Messages. Send up to 10 messages. Receive unlimited number of messages.
Questions and Answers. Put up to 10 questions. Reply to an unlimited number of questions.
Ads. Only consultation. Cannot post ads.
Basic search engine:
Basic search engine: a single empty field into which interests, passions or hobbies can be introduced.
Access to information relating to the search:
Consulting passports.
Maps of Users with similar interests.
- Explorer Passport:
The Explorer Passport is a pay modality that offers Users the following features, in addition to all those provided to holders of the Tourist Passport:
Advanced search engine: A number of screening options allow for a more detailed search:
Interests, causes and hobbies
Age ranges
Sex
Languages
Use and publication of a maximum of 10 personal ads per 365 days.
The subscription prices for this pay service are indicated in the Explorer Passport section. The subscription prices are binding and shall be paid immediately, prior to becoming a User, by means of a debit to a VISA card or a PayPal payment. If said payment cannot be duly collected, all costs involved shall be for the account of the User, especially bank charges for returns of debits. The User may request the corresponding invoice during a period of 365 days from the date of issue; said invoice shall be sent electronically by e-mail.
The duration of a subscription to the Explorer Passport shall be equivalent to the period contracted by the User. At the end of said period, the subscription shall not be renewed automatically for the same length of time and it is up to the User to make the corresponding new payment, if interested in renewing the subscription to said passport.
The User may terminate his/her subscription to Geonick at any time, without giving any reason, by requesting the cancellation of his/her account in the section Delete. The request to delete shall in no case entail repayment of any amounts already paid for the Explorer Passport still in force when deletion is requested.
Article 11. Relations Between Users
Geonick is an affinity search engine that enables people to explore, discover and contact others with whom they share hobbies, interests and places in common, and to exchange with them their queries, knowledge and ads.
Geonick limits its role to providing the technical applications that make it possible to detect and contact Users with similar interests. Geonick shall in no case participate in the content of any communications held between Users.
In the almost improbable eventuality that two or more Users sign a contract between themselves via Geonick, any such contracts signed between them shall exclusively bind the contracting Users and in no case may Geonick be deemed a contracting party. The execution and fulfilment of any such contracts signed by Users shall be the exclusive responsibility of said contracting Users.
Users may freely block access to other Users to avoid entering into contact with them at any time.
Within the period the passport is in force (i.e. a maximum of 1 year), Users with Explorer Passports may publish up to 10 text ads of a personal nature in such fields as Purchase, Sales, Exchanges, Search and Offers. Users who are interested in any ads published by others may freely contact the advertisers by means of messages to their private, personal post boxes.
Users of the 30-Day Trial Period Explorer Passport may publish up to 10 ads during said 30-day period.
Article 12. Forbidden Practices
Geonick Users may in no case:
-Use offensive or slanderous content about another User, a third party or a company.
-Use pornographic content or content that induces or exalts violence, or any other content that breaches the regulations in force on the protection of minors or other population groups, or the dignity, image and honour of any persons.
-Harass other Users, regardless of the form or content used to do so.
-Use content that is legally protected by intellectual or industrial rights, trademarks, patents, utility models, etc., without the express authorization of. the corresponding owner.
-Carry out or encourage action contrary to free competition.
-Use the Geonick application merely for advertising or business purposes. Specifically, the remittance of advertising chain mail or spam to other Users or third parties is forbidden.
-Alter, block, overwrite, modify or copy content introduced by Geonick, or any other action supplanting the identity of Geonick staff or another User.
-Publicly distribute or publish content belonging to Geonick or other Users.
-Alter, overload, limit or saturate the effective operations of the Geonick infrastructure.
-Any other practices prohibited by legal regulations in force or these General Terms and Conditions of Use, or that are contrary to good faith, public order or damaging to third parties.
The User may inform Geonick about any abusive use of the application that is being carried out by other Users.
Geonick hereby reserves the right to require any User to immediately discontinue any forbidden practices. It may also suspend, as a precautionary measure, any User who carries out any such forbidden practices, and may even delete said User definitively if the importance of the fact justifies it. Either action may be taken by Geonick at any time, even without the need to give prior notice. By exercising this right, Geonick shall not be understood to renounce the possibility of taking the pertinent legal and judicial action and claiming damages for any harm caused; such legal proceedings may be instituted at any time, without the need to give prior notice.
Article 13. Geolocation
The User of Geonick is aware, and hereby expressly accepts, that the use of Geonick applications involves showing the User’s geolocation. This geolocation is based on each User’s Zip Code, so his/her location shall be approximate within the whole area of said Zip Code.
If the User does not wish to be submitted to said geolocation by Geonick, he/she should not become a User of Geonick.
Article 14. Limitation of Geonick Liability
The User is aware, and hereby accepts, that access to and use of the Geonick application and the content included therein shall be carried out freely, in an informed and conscientious way, under his/her exclusive responsibility, it being the User’s obligation to read and become familiar with these General Terms and Conditions of Use. The User also hereby undertakes to make suitable and licit use of the application and its content, in accordance with applicable legislation, these General Terms and Conditions of Use, any other particular terms and conditions, generally accepted moral and good practices, and public order.
Geonick does not control or examine the content or information generated or provided by Users in order to check its truthfulness and conformity to legal regulations in force, so Geonick shall be held exempt from any direct or indirect liability deriving from said content or information provided by Users and the use to which they may be put. If a User does not agree to the contents of this section, or is not satisfied with Geonick’s operating regulations, he/she may delete him/herself at any time from the Geonick applications, thereby terminating this contract.
Geonick shall have no obligation to check the identity of the people who register in its applications or to check the use of its services by third parties, so Geonick shall be held exempt from all liability deriving from the improper use of Users’ identity or information.
However, should Geonick become aware or suspect that improper use is being made of its applications, or that the use of said applications or the information or content provided infringes legislation in force, Geonick may proceed with the precautionary deletion of the account(s) of the presumed infringing parties, without the need for prior notice. In such a case, neither the precautionary deletion nor the lack thereof shall be construed to be any kind of inference or assumption of Geonick’s responsibility.
Geonick does not guarantee the availability and continuity of its website, or that the website will be maintained uninterruptedly, without delays, errors, omissions or free from viruses. In fact, the service operation may be interrupted as a result of maintenance, updating and/or technical improvements being carried out.
Geonick does not accept any kind of direct or indirect liability for damages that may be caused by an interruption, malfunction, inaccessibility or unsuitable conditions of use due to the use of inappropriate equipment, interruptions caused by service providers, saturation of the Internet or mobile-phone networks, or for any other reason or cause.
Furthermore, neither the owner of the application, nor its partners, collaborators, employees or representatives shall be held liable for any errors or omissions in the content or services contained in the application; or for damages deriving from the use of this application; or for action taken based on information provided therein or the use of said information.
Article 15. Intellectual and Industrial Rights
All Geonick content - whether texts, images, audio, files, trademarks, logos, colour combinations, graphic design, menus, navigation buttons, HTML codes, textures, graphic representations or any other element, its structure and design, the choice and form of presentation of content included therein and computer programs required for its operation, access and use - is protected by industrial and intellectual rights which are the property of Geonick Finder, SL or its licensors, and shall be respected by the User at all times. The User acknowledges, and hereby accepts, all industrial and intellectual rights on the content and other elements inserted in the Geonick applications.
The temporary reproduction and storage of some of the content of Geonick applications is hereby authorized, provided that it is for personal, and not commercial, use. The reproduction, permanent storage and distribution of website content, or any other use for public or commercial purposes, shall be absolutely forbidden, except when prior written consent is obtained from Geonick Finder, SL.
Likewise, it shall be absolutely forbidden to suppress, evade or manipulate data identifying the rights of Geonick or any technical protection devices or information mechanisms contained within the portal content. If such cases occur, Geonick hereby reserves the right to institute the corresponding legal proceedings.
Article 16. Personal Data Protection Policy
Geonick has adopted the means and levels of personal-data protection security required by Spanish Organic Law 15 of 13 December 1999 on Protection of Personal Data and further legislation developing it: namely, Royal Decree 1720 of 21 December 2007, by means of which the Regulation developing the Organic Law 15 of 13 December 1999 on Protection of Personal Data was approved. All personal data collected through the Geonick applications undergo automated processing and are included within a file that is the property of Geonick Finder, SL, which is also responsible for said file, for the purpose of managing the service requested by the User.
The action of filling out the registration form for any of the Geonick applications or sending e-mails or other communications to Geonick constitutes the User’s express consent to his/her personal data being included in said automated file which is the property of Geonick Finder, SL.
The User may exercise his/her rights of access, modification, cancellation and opposition in accordance with the provisions of Organic Law 15 of 13 December 1999 on Protection of Personal Data and other applicable regulations, by e-mail sent to info@geonick.es or regular post to the following address: Moll de Barcelona, World Trade Center, Edificio Sud - 2ª planta, 08039 Barcelona.
The collection of personal data shall be carried out by the means established in the Geonick applications, either through forms contained therein or based on the information voluntarily provided or shared by Users in their profiles.
Any information provided and shared by the User that contains personal data necessarily constitutes the User’s express consent to its being processed by the company with the sole aim of complying with Organic Law 15 of 13 December 1999 on Protection of Personal Data, and said information shall not be transferred or sold to third parties outside Geonick Finder SL.
Geonick hereby undertakes to comply with its duty to respect secrecy and not to transfer any personal data to third parties. Communication of personal data shall only take place when required for the management of the services contracted by the User. Geonick does not in any way sell, cede, rent out or transfer any information or personal data of its Users to third parties.
The Geonick portal provides additional, complementary information on its personaldata protection policy in the section Security and Data Protection Policy. Geonick hereby reserves the right to modify at its discretion its security and data protection policy, at any time and without prior notice, always in accordance with Spanish legislation in force on data protection. Any such modification shall enter into force on the date it is published on the Geonick portal.
The Geonick portal does not use cookies or other technical means to identify specific Users or obtain information, unknown to Users, on their navigation routines. However, it is possible that some external websites for which there are links on our website may install a cookie on their Home page or the link itself. Geonick shall be deemed exempt from any liability deriving from any such installations, given that it cannot in any way intervene in them. It shall therefore be up to the User to exercise his/ her rights under data-protection regulations with the company responsible for installing the cookies.
Article 17. Applicable Legislation and Competent Law Courts
These General Terms and Conditions of Use and all relations established between the User and the owner of the website shall be governed by the applicable legislation in force.
It is hereby agreed to submit any kind of dispute, claim or discrepancy that may occur between the User and Geonick Finder, SL regarding the use of this website or its content to the Courts and Tribunals of Barcelona for resolution.
Article 18. Contract Modification
Geonick hereby reserves the right to modify, complement or replace the terms of this contract at any time by previously publishing any such changes on the website portal, or by means of a notice in the form of a banner on the website.
Any such modifications shall enter into force as soon as they are published, and the User shall not have the right to renounce their application. If the User does not wish to accept any such modifications, he/she may terminate the contract at any time, as provided for in Articles 5 and 19 hereof.
Geonick’s failure to act in the event of non-compliance of part or all of these General Terms and Conditions of Use shall in no way constitute its renouncement of the right to do so or to take the pertinent legal actions; or the possibility of taking the established measures with respect to said non-compliance or any other previous non-compliance.
Unless expressly and specifically stipulated herein, no declaration, statement, consent, renouncement, or any other action or omission by Geonick or its shareholders or employees shall be binding for the aforementioned parties or for Geonick Finder, SL, unless it is documented in writing and signed by an expressly authorized person.
Article 19. Contract Termination
This contract may be terminated for any of the following reasons:
By mutual agreement between the parties.
As requested by the User in accordance with Article 4 hereof.
Immediately by Geonick as a consequence of the User’s failure to pay for the services expressly contracted by the User.
Geonick may automatically and without prior notice restrict, suspend or cancel the account of any User who makes improper or abusive use of the Geonick services. Examples of such improper or abusive use of the Geonick services are: using the services for commercial purposes without Geonick’s authorization; creating multiple or false profiles; infringing intellectual or industrial rights; using Geonick for illicit purposes in general or in breach of the provisions hereof; using Geonick in infringement of Spanish, European or international legislation in force; harassment of other Users via Geonick; and any other use contrary to the aims of Geonick.
Once the contract with Geonick has been terminated, the User may not access the Geonick services. Notwithstanding, the terms of this contract shall continue to be in force except when they are incompatible with the User’s deletion from the service.
