As one party, Viwom Video Marketing S.L. (hereinafter Viwom Video Marketing), with Spanish tax id. number: B26510826 and a registered address at Teruel St. Nº 1, Floor 1º Offices C & D, 26006 based in Logroño, La Rioja (Spain), Sociedad de Responsabilidad Limitada Unipersonal (Single-Member Limited Liability Company) incorporated in Logroño before the notary, Mr. Víctor Manuel de Luna Cubero, entered in the Logroño Mercantile Register, at Volume 768, Book 0, Folio 219, Section 8, Page LO 15697.
And as the other party, the contracting party, a physical or legal person completing the sign up form (hereinafter Customer) which appears on www.viwomail.com, with whom a commercial activity is established. After learning about the characteristics of the service, the contracting party is familiar with, understands and freely accepts these present Terms and Conditions.
Both parties are interested in formalising this present agreement and accept the terms and conditions established as follow.
Viwom Video Marketing: a telematics service provider, basically specialised in the use of video as a marketing tool and in the distribution of such videos via email. This technology can be used to conduct email marketing campaigns with embedded videos and has been registered under the brand name "Viwom".
Customer: any physical or legal person who completes the sign-up form and chooses a service offered by Viwom.
Video email marketing: The innovative feature in email marketing campaigns. In this type of campaign videos can be incorporated which play in the body of the email message itself.
Video play or video impression or view: The act of viewing a video on any type of player, in a customer's email, a browser or online player.
Viwom campaigns: email marketing campaigns with the special feature of including a video embedded in the email itself. The video can play directly in the email or on a landing page.
Plan: The service offered by Viwom, contracted by the customer and subject to the terms and conditions of this agreement.
Original HTML: File in HTML format, provided by the user with the design of its email marketing campaign, containing everything required to be sent by email, apart from incorporation of the video.
Resulting HTML: Original HTML but automatically modified by the Viwom platform so that it contains all the code required to show the customer's video to recipients, regardless of the technology they use to watch it.
Responsive campaigns: Viwom campaigns which tailor video size to the screen size used by the recipients of the video email.
Viwom platform or customer area: web application developed and managed by VIWOM to enable customers to access information on services contracted with VIVWOM, create Viwom campaigns, manage their videos and view statistics, among others. To access this application you must register with your User ID and Password.
User ID and Password: Users need access credentials for the Viwom platform consisting in a user identifier and a password to verify their identity. User ID and Password are specific to each customer and may not be shared, disclosed or published.
Call-to-action buttons: These are buttons incorporated in the campaigns to prompt recipients to do something (register, purchase a product, share the video on social networks, forward the email video, etc.).
Recipient: The receiver of video email campaigns.
Pack: Set of VIWOM resources and/or services a customer may acquire to conduct Viwom campaigns.
2.1.- The purpose of this present agreement is to regulate the terms and conditions of customer access to the Viwom service and to establish the method of payment for that service.
2.2.- This document together with all the additional information on the website www.viwomail.com and any other supplementary information that Viwom sends to the customer about the service constitute a single contractual arrangement which is binding on the parties.
3.1.- Viwom consists of a technology that enables the inclusion of a video in the body of the recepient's email using a polymorphic code that detects the conditions in which each video must be delivered according to the technology used by each recipient.
Viwom enables the use of embedded videos in email marketing campaigns and its main objective is to ensure that its customers' videos reach their chosen recipients directly through electronic media.
When a Viwom campaign is conducted a high percentage of users will watch the video directly in their email, another group will watch a simulation of the video by mean of a secuence of frames without sound (animated file) and by clicking on the video they will be able to watch it with sound on a landing page and a small group will see a static image with the "play" icon and by clicking on it, they will see the campaign and the video perfectly in their web browser.
Viwom detects the user's technology and shows the video in the best possible conditions. In some cases, and depending on the device and user's email client, videos can play automatically when the message is opened. In such cases, the video can be configured to autoplay or not. If autoplay is activated it, automatic reproduction will only be possible if the system is compatible, if autoplay is not activated users have to click on the video to play it. This characteristic can be configured when the campaign is being created. At the same time, the video can be configured to play with or without audio by activating the mute button and it can play on a loop if the loop button is activated.
3.2.- Viwom has the necessary server, video and image hosting technologies to manage Viwom campaigns sent to databases of unlimited size, as well as the opportune data security measures. Viwom also has the auto-scalable unlimited server infrastructure to support high numbers of concurrent users watching the video embedded in a campaign and from different international locations.
Customer is hereby notified that videos, animated GIFs and Viwom campaign video posters will be hosted during and after the campaign in a domain owned by Viwom from which they will be served to each device and recipient. Customer can eliminate the video at any moment via its customer area and in such cases the campaigns associated with the video will also be eliminated. If customer does not renew the service, videos, animated GIFs and Viwom campaign video posters hosted in a domain owned by Viwom will be eliminated 12 months after the last renewal, period in which the customer has access to the platform after not renewing the service.
3.3.- For the correct operation of Viwom campaigns the following indications must be taken into account and fulfilled:
• Production of the video and design of the campaign are the exclusive responsibility of customer who will create the campaign according to its marketing objectives and with the resources it deems opportune.
• Customer or whoever commissions said campaign on its behalf shall have basic HTML skills.
• Customer shall upload its video with the campaign for distribution to the Viwom platform and shall follow the steps to complete the process of creating a Viwom campaign.
• Customer is free to include in its design as many links to external pages, call-to-action buttons and any others it considers opportune.
• When the process of creating the Viwom campaign is complete, customer undertakes not to change the code in the resulting Html file downloaded to launch its campaign. If, however, the user does modify said file, Viwom will not be held liable for any errors or incompatibilities that may occur in the provision of the service.
• Viwom is not an email marketing platform, and therefore, to send the resulting HTML obtained from the Viwom platform to an email list of campaign recipients, the services of an Email Service Provider (ESP) must be contracted. The email list will always be the customer's property and Viwom shall not be responsible for it in any way, because dispatches will be made by the user using an ESP unrelated to Viwom. In cases where customer asks Viwom to send the service to the contact list delivered by customer under agreed terms and conditions, Viwom shall be regarded as the data processor and shall observe the measures established for that purpose in the "Personal Data Protection" clause in this agreement.
• When the campaign creation process has finished, customer may download the resulting HTML. Sending this HTML does not involve additional data traffic for the dispatches because the images and/or videos are not sent, instead they load from Viwom servers directly to users’ devices when they open their email.
3.4 Video format: Customer may upload its videos to the Viwom platform in most formats, although the preferred formats are AVI, FLV, MOV or MP4 in the best available quality, if possible FULLHD 1080, provided the duration and/or capacity specified at each moment on Viwom's web in each plane is not exceeded. If customer attempts to upload a video that in seconds or megas exceeds any of the established limits the platform will show an error message.
Viwom will automatically convert the video to all the formats and qualities required to send it in Viwom campaigns to any recipient according to the device, operating system and email client used.
3.5 The Viwom platform can provide measurements and statistics on the campaigns. The following statistical data can be obtained:
• Open rate: indicates the number of times an email marketing video campaign has been opened in recipients' devices. The same recipient opening the same email twice counts as two opens, unless the recipient's system has stored it in the cache memory in which case it would only count as one open.
• Play rate: the number of times the video is played on recipients' devices. The play rate is the billing unit. If a user plays the video twice, two video impressions are counted, unless the video is loaded in the cache memory of the user's device.
• Date and time: statistical data for video plays are shown by dates and time periods. The statistical data offered by Viwom are not related to any email address and they will be general statistical data that customer may consult via the Viwom platform.
3.6 Customer shall have access via its user name and password, to a tool called "Customer Area" where customer may manage and administer Viwom campaigns, contract new plans, packs or added services, access invoices, and consult the statistics on its campaigns. Customer has sole responsibility for the use and safekeeping of the User ID and Password for the Customer Area. These data enable Viwom to confirm customer authentication and grant permission to actions requested from the customer area. Use and disclosure of these identifiers, even to third parties, is customer's sole responsibility.
3.7 Each time the system sends a video file download request to Viwom servers, it counts as a video play, whether it is played embedded in the email or on the landing page for the video generated by Viwom. A video play is not counted if only the preview of the video in GIF format or a static video poster image is shown.
3.8 Customer can voluntarily disable a campaign via the Customer Area. If a campaign is disabled the videos will no longer be shown. Instead an alternative image will be shown that the customer elects when creating the campaign.
3.9 Plans can incorporate a specific number of campaigns with response video as specified on Viwom's website at each time. Customer may contract more campaigns with this technology from the Viwom platform at the prices indicated in Schedule 1 hereto and on Viwom's website.
3.10 When the balance of video plays in your chosen payment plan, including the trial period of 500 video impressions has been 80% consumed, the system will send email notification to the customer recommending that it contract a pack with extra video plays to continue showing the videos in its campaigns. The same occurs when 90% of video impressions have been consumed and upon reaching 100% customer will receive another email notification that it has consumed all the contracted video plays.
3.11 The technical characteristics in each Viwom Plan and the price to be paid for them is at all times clearly determined at www.viwomail.com and explicitly listed in Schedule I hereto, and may also be consulted from the customer area.
4.1 The present agreement shall be valid from the day it is formalised, that is, when customer has completed the sign up process and is able to access its customer area, upon receiving access instructions and email confirmation that it has been activated.
4.2 The contract is valid for one month or one year, renewable for identical periods as customer chooses via the Customer Area.
4.3 User plans remain active as long as the user does not cancel the account.
4.4 Campaigns require a positive video impressions balance.
4.5 The customer can cancel the plan at any time when they accessing to their admin area. The videos will no longer be shown. If cancellation occurs without having fully consumed the resources for the contracted plan, customer shall not obtain any financial compensation for the unconsumed part.
5.1 Access to the Viwom platform is free, offering payment services within the user area. The price for each service is shown in Schedule I attached here and on the Viwom website. The corresponding taxes will be added to the prices indicated. The price for each plan depends on the number of monthly video impressions generated through their campaigns.
5.2 In any event, customer, who appears as such on the form, is responsible for paying the bills even if a third party intervenes on behalf of customer; consequently, liability for providing authentication data to a third party lies solely with customer.
5.3 The plan chosen by the client may contain a number of video impressions for testing which are on a counter. When this counter has a positive balance it will mean that the user has video impressions available to show the videos in its campaigns. If the counter is zero, the videos will not be shown to the recipients. If you need extra video impressions you can purchase them within your client área, or contact the commercial department to set up a customized plan. Prices for extra video impressions are shown in the customer area according to the rates in force at each time. Unit prices per video impression may vary depending on the contracted pack or plan.
5.4 If you switch plan, your video play counter and other resources will be readjusted taking into account the price per extra video play and resources for the new plan. Additional services not included in the price of plans will be paid for in advance as they are requested.
5.5 Payment method: initial sign up and successive renewals for video play plans will be paid for in advance using any of the payment methods Viwom offers for its products: Currently, Paypal or credit card. Plans shall be paid for monthly or yearly as customer chooses on the sign-up form or in the Customer Area when renewing. Customers who choose monthly payments may change to annual payments via the Customer Area.
5.6 Please address any queries or requests related to billing and method of paying for the service to firstname.lastname@example.org.
5.7 The price amounts stipulated on the website and listed in Schedule I hereto may be revised and changed by Viwom. Services already paid for and not yet consumed, however, shall not be affected by the new price, which will only affect subsequent contracts.
5.8 Customers regarded as consumers and users under current Spanish legislation may exercise their right of withdrawal during the first 14 calendar days after signing up for the product. Consumers shall take into account the exceptions established by Spanish legislation on the matter of consumers and users concerning the right of withdrawal. To exercise the right of withdrawal, the consumer and user must send a request within 14 calendar days to email@example.com. Prior to cancelling the requested service the customer will be contacted with notification of the services consumed and will be sent a refund of the amount of money equivalent to the services not consumed.
5.9 Viwom generates digital invoices and makes them available when the customer signs up and renews. They can also be consulted at any time via the customer area. By accepting these terms and conditions customer expressly accepts this billing process. If customer requests invoices in paper format Viwom shall charge customer €2 to cover costs.
5.10 Viwom generates digital invoices and makes them available when the customer signs up and renews. They can also be consulted at any time via the customer area. By accepting these terms and conditions customer expressly accepts this billing process. If customer requests invoices in paper format Viwom shall charge customer €2 to cover costs.
6.1 Customer and Viwom undertake to comply with all the terms of this agreement which apply to them, acting loyally and in good faith.
6.2 Viwom undertakes to use all the resources available to it to offer the services in optimum conditions, making its best efforts to ensure they are provided as securely as possible, with the exception of any incidents which may occur outside Viwom. In this regard, Viwom reserves the right to interrupt the contracted service for technical repairs and equipment maintenance and to improve the services themselves, giving customer sufficient advance notice.
6.3 Viwom cannot guarantee that the contracted services will be continuously and uninterruptedly available because of possible problems with the Internet network, breakdowns in server equipment and other unforeseeable contingencies outside Viwom's control. Therefore, customer expressly agrees not to bring any claim for contractual or extracontractual damages against Viwom for any failures, slow speed or errors in access to and use of the contracted service, without prejudice to the provisions in the legislation in force.
6.4 Part of the service is provided using shared hosting resources. Because the same machine is shared with services for several customers, technical problems may occur attributable to third parties for which Viwom accepts no liability.
6.5 Under no circumstances shall Viwom accept liability stemming from loss of data, interruption of business or any other detriments caused by the normal operation of the products because they do not comply with customer expectations.
6.6 Viwom shall not be held liable for:
• The content of videos and information transmitted to recipients through Viwom.
• Errors caused by access providers.
• Virus contamination in equipment which the customer is responsible for protecting.
• Third party intrusions in products the customer has signed up for, even though Viwom has established reasonable protection measures.
• Defective configuration by customer.
• Violation of intellectual or industrial property rights or of any other rights or legitimate interests stemming from use of the service contracted by the customer.
• Anything exclusively attributable to customer.
6.7 The contracted service has minimum terms and conditions of use. Consequently, use contrary to good faith is forbidden and in particular, by way of example but not limitation, customer may not:
• Use the service in a manner that contravenes current legislation or infringes third party rights.
• Publish or transmit any illegal, violent, abusive, xenophobic or libellous content.
• Cracks, serial numbers or any other content that infringes third party intellectual property rights.
• Collect and/or use other users' personal data without their express consent or in breach of the provisions of Spain's Organic Law 15/1999, of 13th December, on personal data protection.
• Use the mail server and/or email addresses for unlawful purposes (spam, mail bombing, phishing, escrowfraud, scam 419, pharming, spreading viruses or any other type of activity for the purpose of committing sabotage, fraud or criminal acts).
6.8 If Viwom detects that a customer, without its authorisation, modifies the established campaign creation process or the code generated by it, so that videos or any other element are served by a third party unrelated to Viwom servers, it shall immediately block that customer's access to the Customer Area and its active campaigns and remove the customer from the service without refunding amounts not consumed and reserving the right to bring claims for damages and any other legal action to which it might be entitled.
6.9 Access and use of the contracted plans are the customer's exclusive responsibility. Customer is fully liable for the content used in the contracted service, for the information transmitted and stored, for the hypertext links, third party claims and any legal action that may be triggered in relation to intellectual property, personality and privacy rights and the protection of minors. Customer is responsible for compliance with the laws and regulations in force, for the rules concerning operation of the contracted service, electronic commerce, copyright, maintenance of public order and universal principles of Internet use. Viwom shall not be held directly or subsidiarily liable for any direct or indirect detriment customer may cause to third parties.
6.10 By signing up for the products or services offered by Viwom, customer undertakes to:
• Keep the e-mail address provided on the sign-up form for communications with Viwom operational, active and updated, because it is Viwom's preferred means of communication with customer. Customer may change its contact email address via authenticated access to the Customer Area. Viwom accepts no liability whatsoever for the lack of operation of the customer's email address, or if it is not notified of any change in address or for any misinformation alleged by customer due to customer’s own negligence over keeping said data updated.
• Conserve and diligently use the User ID and Password to access the Customer Area as these means enable Viwom to verify authenticated access by customer or one of its authorised users. Customer is solely responsible for the use of said identifiers and their disclosure, even to third parties, and for the actions and requests made by authorised users to which it has granted the necessary permission.
Neither party shall be liable for breach of the obligations arising from this contract and, therefore, there shall be no right to compensation, when said breach is due to causes of Force Majeure, in accordance with current legislation. If the suspension for this circumstance is more than two months, the contract may be canceled at the request of either party.
8.1 The contract ends when, in addition to legally established grounds and those provided for in the various clauses herein, any of the following occur:
a. Mutual agreement of the parties.
b. As customer decides, provided it is up-to-date with payment of the contracted services.
c. Termination due to breach by one of the parties of the obligations hereunder.
8.2 If breach by the customer is the ground for terminating the agreement as established in clause 8.1.c, Viwom reserves the right to early termination of the contractual relationship and therefore to deprive the customer of the contracted service without prior notification and without the customer being entitled to compensation or to the refund of any amount.
8.3 If the agreement is terminated or rescinded on the aforementioned grounds or any other lawful ground, customer shall fulfil any obligations to Viwom and third parties assumed before these terms and conditions terminated.
9.1 Viwom plans operate with a polymorphic code developed by VIWOM, registered in its name and all exploitation rights belong to Viwom. Therefore, any copying, reproduction, assignment to third parties, diffusion or use other than that of sending the campaign for which it has been made are totally forbidden and none of the exploitation rights recognised by the current legislation on intellectual property shall be understood to be assigned to the customer, except for those strictly necessary for using video marketing and for the correct and appropriate execution of the services object of this present agreement. Viwom agrees that it will not include in the development and execution of the services object of this agreement, any process, knowledge, information, work or technology that involves the use of any confidential information or industrial secret, industrial design, industrial or intellectual property owned by third persons for which it has not obtained the due licence or authorisation and which may result in an infringement of industrial and intellectual property rights.
Viwom brands, commercial names and distinctive marks are owned by Viwom Video Marketing SL and it cannot be understood that the provision of the service confers any rights over said brands, commercial names and/or distinctive marks.
9.2 Customer authorises Viwom to use its brand or logo in commercial actions to sell Viwom services and in particular on the Viwom website. Customer may revoke said authorisation at any time in writing to Viwom at the contact address which appears in this agreement. In such cases, Viwom undertakes not to use said elements from the moment of the revocation but will not destroy material produced before then.
10.1. All the information or documentation that either party supplies to the other to develop and perform this agreement shall be considered confidential and exclusive to the party providing it and may not be disclosed to third parties without its consent.
10.2 The parties exclude from the category of confidential information any information disclosed to third parties by the holder, any which becomes public, any which must be disclosed by law or court order or imperative act from a competent authority and information obtained by a third party not under any confidentiality obligation.
10.3 This confidentiality obligation shall continue for two (2) years after this agreement has ended.
10.4 Neither party shall acquire any right over any confidential information or other property rights of the other party.
11.1. In compliance with the provisions of Organic Law 15/1999 of 13 December on Personal Data Protection (hereinafter referred to by its Spanish acronym LOPD), Royal Decree 1720/2007 of 21 December approving the developing legislation for LOPD (hereinafter RDLOPD) and other applicable legislation, Viwom hereby informs you of its policy on personal data processing and protection, which applies to anyone who voluntarily transfers personal data to Viwom via any channel/medium involving the processing of personal data. Any transfer of data to Viwom shall mean express acceptance of this policy and implies the provision of free, unequivocal, specific, informed and express consent for Viwom to process personal data which shall be carried out pursuant to this clause.These conditions shall also apply subsidiarily to all others established on the same matter and this present policy shall supplement all previous ones in anything not expressly contemplated and which is not contradictory.
11.2. Viwom notifies the user that personal data is processed and managed by Viwom Video Marketing S.L. with Spanish tax ID. code no.: B26510826 and a registered address at C/ Teruel nº 1, planta 1º oficinas C y D, 26006 - in Logroño, La Rioja (Spain). The data is structured in files registered with Spain’s data protection agency for the purpose of maintaining any commercial or contractual relationship which may be established and to keep this information for statistical and historical purposes. Said information shall also be used to send information on the company and its services and to carry out promotional and advertising activities for our company via any medium after prior acceptance from the user. VIWOM may send email notification of improvements or new features that appear on this website and any own services that are offered.
11.3. Viwom has adopted technical and organisational measures required to ensure the safety of personal data and prevent their loss, unauthorised access or manipulation taking into account the state of technology, the nature of the stored data and the risks to which they are exposed. Viwom shall only record personal data on files that comply with the legal terms and conditions regarding data integrity and security and those of the data processing centres and information systems. Viwom also guarantees compliance with the duty of professional secret in relation to processed personal data and the duty to keep them safe.
11.4 Viwom only contemplates assigning or communicating data as required under Article 11 LOPD to comply with its obligations to Public Authorities and as appropriate to other public and private bodies as required to develop or perform the service or comply with the legislation in force, to which the user and/or customer consents beforehand.
11.5 In cases where Viwom has to access personal data which are the responsibility of and owned by its customers, in its capacity as processor, pursuant to Article 12, LOPD and related provisions in RDLOPD, Viwom undertakes to:
11.5 Process the data according to the customer's instructions and not use them for purposes other than those which appear in the applicable contractual terms and conditions, or disclose them to other persons. In this regard, Viwom shall incur no liability when, upon prior express indication from the customer responsible for the processing, it communicates the data to a third party designated by the customer as contemplated in the regulations in force. If Viwom uses the data for another purpose, discloses them or uses them in breach of the corresponding contractual terms and conditions, it shall also be considered the processor and shall be liable for any offences it would have incurred personally.
11.5.2 Having complied with the provision of personal data processing services, the data shall be destroyed along with any format or documents showing any personal data or any type of information that has been generated during, for and/or by the provision of the services object of the corresponding terms and conditions. Notwithstanding the above, Viwom may maintain duly blocked said data during the period in which liabilities may arise from its relationship with the customer.
11.5.3 Pursuant to RDLOPD the following rules shall apply in relation to the form and mode of accessing data to provide services:
• If Viwom has to access data processing resources at the facilities of the user/customer responsible for the processing, user/customer shall be responsible for establishing and implementing the policy and security measures and notifying Viwom of said policies and measures. Viwom undertakes to comply with them and require compliance from the persons in its organisation who participate in the provision of the services.
• If Viwom remotely accesses data processing resources which are the customer's responsibility, customer shall establish and implement the policy and security measures in its remote processing systems and Viwom shall be responsible for establishing and implementing the policy and security measures in its local systems.
• If Viwom provides the service at its own premises, unrelated to those of the customer responsible for the processing, Viwom shall list in its security document the circumstances for data processing in the terms required by current legislation, incorporating the security measures to be introduced in relation to said processing.
• Customer authorises Viwom, in its capacity as processor, to subcontract with third parties on customer's behalf, storage and custody services for data backup copies as required in compliance at all times with the legislation in force. At any moment, the customer responsible for the processing may ask Viwom for identifying data on any entities Viwom subcontracts to provide the indicated services. Such entities shall in any case act in accordance with the terms and conditions contemplated in this document.
11.6 Customer/user responsible for the processing authorises Viwom to carry out the actions indicated below provided it is accredited they are needed to provide the service. In any event, authorisation is limited to the action(s) which each service provision requires and has a similar maximum duration to that of the life of the applicable contractual terms and conditions:
• Process personal data on portable data processing devices, only users or user profiles assigned to the service provision.
• Process outside the premises of the customer responsible for processing or of Viwom, only users or user profiles assigned to the service provision.
• Input and output of formats and documents containing personal data, including those in and/or attached to a email, outside premises under the control of the customer responsible for the processing.
• Execution of data recovery procedures that Viwom finds itself obliged to execute.
11.7 Viwom hereby warns that except for the existence of a legally constituted representation, no user and/or customer may use the identity of another person and disclose its personal data and so at all times it shall take into account that it must notify Viwom of the personal data corresponding to its own identity and that they are appropriate, pertinent, current, accurate and true. For such purposes, user and/or customer shall be solely liable for any direct and/or indirect damage caused to third parties or Viwom by the use of another person's personal data, or its own personal data if they are false, wrong, not current, inappropriate or not pertinent. Equally, user and/or customer who communicates personal data to a third party shall be liable for the information obligation established in article 5.4 LOPD in cases where personal data have not been collected from the interested party itself and/or for the consequences of not having informed said party.
11.8 This website uses the services of Google, Inc a company with a registered address in the United States of America with headquarters at 1600 Amphitheatre Parkway, Mountain View, California 9411043 adapted to European data protection law https://www.privacyshield.gov and as established on the Google website https://www.google.es/intl/es/policies/privacy/.
11.9.- The services provided by this website are aimed at people over the age of 14. Use of the services offered in this present website by minors must have been previously authorised by their parents, tutors or legal guardians as they are liable for the acts of minors under their charge.
11.10 User may at all times exercise its rights to access, rectify, cancel and block its personal data and to revoke consent for the above-mentioned uses, by notifying VIWOM in writing by email to the following address firstname.lastname@example.org or by postal mail to the company's address indicated herein.
11.11 Viwom accepts no liability for breach of obligations under LOPD and its developing legislation by the customer responsible for the processing in the part corresponding to its activity and which is related to performance of the contract or commercial relations that link it to Viwom. Each party must accept the liability arising from its own breach of the contractual, legislative and regulatory obligations.
Customer may not assign to third parties the rights and obligations arising under this agreement without Viwom’s prior written consent. For its part, Viwom may assign its rights, obligations or its contractual position to any company.
Viwom reserves the right to change the characteristics and conditions of its services in any way that develops and benefits them. To do so, no further formality is required other than informing the customer by online notification and/or by taking the change to the Viwom platform or to the clauses in this agreement and/or sending it by email. Without prejudice to the provisions in the above paragraph, Viwom shall provide written notification of these changes as soon as possible so the customer can adapt. Any such changes shall not affect the contracted and not consumed part of the pack.
14.1 Under no circumstances shall Viwom, or its manager or senior executives, directors, shareholders, agents or workers dependent on Viwom be held liable on grounds directly or indirectly linked to customer's use of the contracted product.
14.2 The parties recognise that the entry into force of this agreement does not mean any type of representation, delegation, guarantee or other agreement other than those expressly described herein.
If any clause in this agreement is declared entirely or partially null or without effect by any court or competent authority, the remaining clauses shall remain valid unless the parties decide at their discretion to terminate the contractual relationship.
16.1 These contractual terms and conditions are published, accepted and made available to the customer in Spanish and English as the customer chooses. Regardless of the language chosen, the legal interpretation in the event of dispute shall always be in Spanish.
16.2 In anything not contemplated in the contractual terms and conditions and in the interpretation and resolution of any disputes that may arise between the parties over said terms and conditions, Spanish law shall apply.
16.3 Should any conflict or dispute arise between the parties over the interpretation and performance of the contractual terms and conditions applicable to the customer and it is not resolved by mutual agreement, the parties submit at their choosing to resolve the dispute and waive any other forum to which they may be entitled, to the courts of the user's registered address if the user is a consumer and in any other case to the jurisdiction and competence of the courts and tribunals of Logroño when permitted by procedural law with customer expressly waiving its entitlement to its own venue. Also, as a member of Confianza Online (Online trust) and in the terms of its ethical code, in the event of disputes over online contracting and advertising and the protection of minors, user may apply to Confianza Online's out-of-court dispute resolution system (www.confianzaonline.es)
||Tailored to customer
|VIDEO IMPRESSIONS / MONTH||500 free
||Tailored to customer
|SERVICES INCLUDED||Unlimited number of campaigns
Unlimited number of videos
Automatic detection of recipient's technology
Intelligent delivery of the best video format to each recipient
Digital assistant for campaign creation
High speed download servers
Campaign creation from a YouTube URL
Credits for creating 1 campaign with responsive video
|Unlimited number of campaigns
Unlimited number of videos
Automatic detection of recipient's technology
Intelligent delivery of the best video format to each recipient
Digital assistant for campaign creation
High speed download servers
Telephone and email support
Campaign creation from a YouTube URL
Credits for creating 10 campaigns with responsive video
*According to commercial proposal tailored to customer.
|EXTRA Nº OF VIDEO IMPRESSIONS||PRICE|