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TERMS AND CONDITIONS

Hummba Terms of Use

Welcome to Hummba!

Hummba is a web portal and mobile phone application that allows you to connect with the people around you and find location based information. The HUMMBA services and network (collectively known hereafter as “HUMMBA” or “the Service”) are operated by Tourism Radio Spain and its corporate affiliates (collectively, “us”, “we” or “the Company”).

By accessing or using our web portal at www.hummba.com, hummba.mobi or the mobile application thereof (together the “Site”), you (the “User) signify that you have read, understand and agree to be bound by these Terms of Use Agreement (“Agreement”), whether you are a “Visitor” (which means that you simply browse the Hummba Website, including through a mobile device, or otherwise use the Hummba Services without being registered) or a registered member of Hummba.

We reserve the right to make changes to this Agreement from time to time. When these changes are made, we will make a new copy of the Agreement available at the Site. You understand and agree that it is your responsibility to regularly check the Site for changes to the Agreement and to review such changes. Your continued use of the Site and the Service now, or following the posting of any changes, will indicate your acceptance of this Agreement, and of any such changes. If any future changes are unacceptable to you, you should discontinue using the Site and the Service.

Your use of the Site and the Service are also subject to our Privacy Policy.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

1.Eligibility

1.1.: The Service and the Site are exclusively for users who are thirteen (13) years of age or older.
1.2.: Access of the Service and Site or registration to the Service and Site by anyone under 13 is unauthorized and in violation of this Agreement.
1.3.: By using the Service or Site, the User represents and warrants that he is 13 or older and that he agrees to and abides by all of the terms and conditions of this Agreement.

2.Registration Information and Account Security

Before registering for or using the Site and Service please take into consideration that you will be agreeing to the following:

To provide accurate, current and complete information about you on the Site or in relation to the Service.
To be responsible for the security of your password and identification information. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
To maintain and update the registration information, and any other information you provide to the Company, to keep it accurate, current and complete.
To be solely and fully responsible for all the use of your account and for any actions that take place using your account.

3.Proprietary Rights in Site Content; Limited License

3.1.: All content on the Site and available through the Service, including software, applications, designs, graphics, text, pictures, video, information, music, sound and other files, and their selection and arrangement (the “Site Content”), with the exception of the User Content as defined in section 6, are the property of the Company with all rights reserved.
3.2.: No Site Content may be modified, copied, distributed, framed, reproduced, republished, scraped, displayed, posted, transmitted, or sold in any form or by any means, without the Company’s prior written consent.
3.3.: Provided that you are eligible for use of the Site, you are granted a limited, non-exclusive license to access and use the Site and the Site Content.
3.4.: Except for your own User Content, you may not upload or republish Site Content elsewhere or use the information for any other means.
3.5.: The limited license granted to you by the Company is subject to this Agreement and does not permit the use of any data gathering or extraction methods.
3.6.: Any use of the Site or the Site Content other than as specifically allowed in this Agreement, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted in the Agreement.
3.7.: Unless explicitly stated in this Agreement, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
3.8.: This license is revocable at any time without notice and with or without cause.

4.Intellectual Property

4.1.: HUMMBA, HUMMBA.COM, HUMMBA.MOBI and FOOTPRINTS and other Company graphics, logos, designs, page headers, button icons, scripts and service names are the property of the Company.
4.2.: Without the prior written permission of the Company, you may not use, copy or imitate, in whole or in part, the Company’s copyrights, trademarks, domain names or other intellectual property.

5.User Conduct

5.1.

You understand that except for advertising programs offered by us on the Site or through the Service (e.g., branded trips and clips), the Site and the Service are available for your personal, non-commercial use only.

5.2.

You represent, warrant and agree that nothing submitted through your account or otherwise posted, transmitted or shared by you on or through the Service will violate or infringe upon the rights of any third party.

5.3.

You also agree not to use the Service or the Site to:

5.3.1.

Collect email addresses or other contact information of other users from the Service or the Site for the purposes of sending unsolicited emails or other unsolicited communications;

5.3.2.

Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

5.3.3.

Use automated scripts to collect information from or otherwise interact with the Service or the Site;

5.3.4.

Make available any harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable content through your account.

5.3.5.

Upload, post, transmit, share, store or otherwise make available any audio clips other than those of a personal nature that:

Are the voices of you or your friends
Are created by you or your friends

5.3.6.

Create more than one User account or create a User account on behalf of someone or something other than yourself unless expressly authorized to do so by the Company.

5.3.7.

Impersonate anyone or anything, or falsely state or otherwise misrepresent yourself, your age or your affiliation with anyone or anything.

5.3.8.

Make available any unsolicited or unauthorized advertising or any other form of solicitation.

5.3.9.

Make publicly available on the Site or Service any private information of any third party.

5.3.10.

Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.

5.3.11.

Make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

5.3.12.

Intimidate, bully or harass others.

5.3.13.

Make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law.

5.3.14.

Use or attempt to use another user’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site.

5.3.15.

Make available content, that in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.

5.4.

You agree not to:

5.4.1.: Attempt to circumvent content filtering techniques we may employ.
5.4.2.: Engage in behaviour or make available content that is obscene, pornographic, sexually explicit, depicts graphic or gratuitous violence, makes threats of any kind or is malicious.
5.4.3.: Engage in predatory or stalking behavior.
5.4.4.: Facilitate or encourage any violations of this Agreement.

6.User Content Posted on the Site

6.1.: You are solely responsible for the photos, messages, audio, text, personal information, and other content that you upload, publish or display on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”).
6.2.: You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to share.
6.3.: You agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
6.4.: You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
6.5.: When you post User Content to the Site, you authorize and direct us to make any copies of that content as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
6.6.: By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
6.7.: You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
6.8.: We do not assert any ownership over your User Content; rather, subject to the rights granted to us in this Agreement, you retain full ownership of all your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

7.Hummba Mobile Services

7.1.

The Service includes certain services that are available via your mobile phone, including:

7.1.1.: The ability to upload content to the Hummba web portal at www.hummba.com via your mobile phone.
7.1.2.: The ability to browse the Hummba web portal from your mobile phone.
7.1.3.: The ability to access certain Hummba features through a mobile application you have downloaded and installed on your mobile phone. (Collectively the “Mobile Services”)

7.2.

We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.

7.3.

Using certain Mobile Services may be prohibited by your carrier, and not all Mobile Services may work with all carriers or mobile devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.

7.4.

By using the Mobile Services, you agree that we may communicate with you regarding Hummba and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

7.5.

In the event you change or deactivate your mobile telephone number, you agree to promptly update your Hummba account information to ensure that the person who acquires your old number will not be able to access your messages or account in any way.

8.Copyright Complaints

8.1.: We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or Service any materials that violate another party’s intellectual property rights. When we receive proper complaints, we may promptly remove the content and/or disable access to the allegedly infringing material
8.2.: If you believe that any material on the Site infringes upon any intellectual property which you own or control, you may send a written notification of such infringement to our Designated Agent at copyright@hummba.com.
8.3.: If we removed your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to send a written notification to our Designated Agent at copyright@hummba.com.

9.Repeat Infringer Policy

9.1.: In appropriate circumstances and at the Company’s sole discretion, the Company may disable accounts of members who repeatedly infringe any intellectual property rights of others.
9.2.: In such cases Company may also, at its sole discretion, only limit access to the Site.

10.Third Party Websites and Content

10.1.: The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as other content or items belonging to or originating from third parties (the “Third Party Content”).
10.2.: Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content.
10.3.: Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us.
10.4.: If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from such site.

11.User Disputes

11.1.: You are solely responsible for your interactions with other users on the Site or the Service.
11.2.: We reserve the right, but have no obligation, to monitor disputes between you and other users.

12.Privacy Policy / Data Protection

12.1.: Your privacy is very important to us. We designed a Hummba Privacy Policy to make important disclosures to you about how we collect and use the information you post on the Site. Please take the time to view the Hummba Privacy Policy. The terms of the Privacy Policy also govern and apply to your use of the Site, and they are incorporated herein by this reference.
12.2.: By using the Site or the Service, you are consenting to have your personal data transferred to and processed in Spain, Switzerland, South Africa, New Zealand, within the European Union or in the United States.

13.Disclaimers

13.1.: The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service.
13.2.: Whilst we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content.
13.3.: The Company is not responsible for the conduct, whether online or offline, of any user of the Site or the Service.
13.4.: The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
13.5.: The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to the User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service, including any mobile client software.
13.6.: Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
13.7.: The Site, the Service, and the Site Content are provided “as-is” and the Company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
13.8.: The Company cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
13.9.: The Company does not represent or warrant that software, content or materials on the Site and/or the Service are accurate, complete, reliable, current or error-free or that the Site or Service, its servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and industry-recognised software to detect and disinfect viruses.
13.10.: Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Site and/or the Service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
13.11.: The Company reserves the right to change any and all content, software and other items used or contained in the Site and/or the Services offered through the Site at any time without notice.
13.12.: Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

14.Limitation on Liability

14.1.: Except where provided by law, in no event will the Company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the Service or any of the Site Content or other materials on, accessed through or downloaded from the Site, even if the Company is aware or has been advised of the possibility of such damages.
14.2.: Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the aggregate amount paid, if any, by you to the Company for the Site and any Service during the term of membership, but in no case will the company’s liability to you exceed $100.
14.3.: You acknowledge that if no fees are paid to the Company for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from company, regardless of the cause of action.

15.Termination

15.1.: If you violate the spirit of this Agreement, if you otherwise create possible legal exposure for us, or if you are under 13 years old, we can stop providing all or part of the Service to you or disable your account and delete any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site or any Platform Application).

16.Arbitration

16.1.: This Agreement shall be governed by and construed and interpreted in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules.
16.2.: Any dispute, controversy or claim arising out of or in relation to this Agreement, the Site or the Service including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules.
The seat of the arbitration shall be in Zurich, Switzerland.
The arbitral proceedings shall be conducted in English.

17.Indemnity

17.1.: You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

18.Submissions

18.1.: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company.
18.2.: The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

19.Definitions

19.1.: Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter.
19.2.: Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

20.Miscellaneous

20.1.: This Agreement, together with the Privacy Policy (see article 12) constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service.
20.2.: The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
20.3.: If any portion of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
20.4.: Any amendment to or waiver of this Statement must be made in writing and signed by us.
20.5.: You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
20.6.: All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

21.CONTACT

You may contact us by mail at Tourism Radio Spain S.L.U., c/ Verdi 217, bajos, 08024 Barcelona – España.

The information contained in this Agreement is subject to change without notice.

Updated on 10 June 2009

Hummba Privacy Policy

Hummba is a web portal and mobile phone application that allows you to connect with the people around you and find location based information. The HUMMBA services and network (collectively known hereafter as “HUMMBA” or “the Service”) are operated by Tourism Radio Spain S.L.U. and its corporate affiliates (collectively, “us”, “we” or “the Company”).

Your privacy is very important for us. As a user of our web portal at www.hummba.com, Hummba.mobi or the mobile application thereof (together the “Site”), you decide, which personal-related data or other information you reveal to us and other people.

By visiting our Site, we automatically gain information which allows us to determine how visitors use our Site and which information and offers are of specific interest. If you want to register as a user we need personal information/data, such as your name and your email address from you.

We built the Site to make it easy to share information with your friends and people around you. We understand you may not want everyone in the world to have the information you share on the Site; that is why we give you control of your information. Our default privacy settings in your account limit the information displayed in your profile to your networks.

In this Privacy Policy we would like to inform you about the data which the Company collects and how this information is used. Our Privacy Policy strictly complies with Swiss legal requirements on data protection.

The Site may contain links to other websites. We are of course not responsible for the privacy practices of other web sites.

What personal data do we collect?

The Company only collects personal data if you sign up as a user on our Site. You are asked to disclose your name and email address.

For which purpose do we collect and use your personal data?

We primarily use your personal data to identify users during registration.

Additionally, we inquire interests and behaviour of users based on information which we gain from registration and our server log file.

By signing in as a user, you accept that we may use your personal information for different purposes. In particular, we may use your data for advertising events, competitions or surveys as well as for updates about the Company’s services and the services of its partners. However, we are very restrictive in contacting users.

Which precautions do we take to protect your personal data?

User accounts are password protected. Therefore, personal data is only accessible to the particular user.

Your personal data is located on a secured server behind a firewall. Access to these servers is restricted to our employees or companies who are concerned with technical, commercial or editorial support of the data. The Company provides for comprehensive technical and operational safety measures to avoid deprivation, abuse or unauthorized modification of information and personal data.

Is personal data shared with third parties?

We will hold your personal data in strict confidence.

The Company may, however, share your personal data with third parties who offer a service within the scope or in connection with the Company’s Site or Service.

The Company reserves the right to disclose personal data pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws.

How can I access and edit and my personal data?

Users may modify or delete any of their personal data or information at any time by logging into their account. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to users of the Site and Service.

Which laws apply to the data processing of the Company?

The data processing practices of the Company are subject to Swiss laws.

CONTACT