Subject to these Service Terms, as amended from time to time ("Service Terms"), Superheroes Worldwide SL, S.L., through its website www.supernetheroes.com, its Supernet Heroes platform and on the consequent Android and iOS mobile applications (the "Supernet Platform and related services (collectively, the Supernet Heroes Platform, including any new features and applications, the "Supernet Heroes Services").
If you are a user of our Social Network and/or an manager of fundraising or in-kind campaign missions (as defined below), beneficiary of a fundraising or in-kind campaign mission, comment contributor or donor (collectively, a "User") located in Spain or outside of Spain, you enter into an agreement with Superheroes Worldwide, S.L., with a registered office at Conde O'Reilly Street, 5, flat 4D, 11004 Cádiz and tax identification number B-72379787 . Unless specifically stated otherwise, for the purposes of the following Service Terms, Supernet Heroes, "we", "us", "our", "our(s)", "our(s)" and other similar terms shall refer to the party with whom you enter into the contract.
We reserve the right, at our sole discretion, to change or modify portions of these Services at any time. Such change will not have a retroactive effect. In such an event, we will post the revised Service Terms on this page and indicate the date on which these terms were last revised, and the User(s) will be sent via email or other reliable means of notice of the modification of such Service Terms. In any event, it shall be the User's responsibility to check the Service Terms periodically.
Your continued use of the Services after the date of such changes shall constitute your agreement to the new Service Terms. To the extent permitted by law, the English language version of these Service Terms shall be binding and any other translation is for convenience only. If you do not wish to accept these new Service Terms, you may stop using the Services.
In addition, by using the Services, you will be subject to additional applicable policies, including but not limited to the Privacy Policy Statement.
Description of the Supernet Heroes Services: The Supernet Heroes Services are offered as a social networking platform for a person, entity or non-profit organization (the "User") to connect with other "Users" and post a mission ("Mission") on the Supernet Heroes Platform to accept monetary and non-monetary donations ("Donations") such as in-kind goods or other non-tangible support in the form of services, from donors that will not take the form of a voucher. Monetary donations will take the form of a voucher that can be redeemed directly at companies connected to the platform ("Superbrands") or through a gift card to purchase products or services.
In Supernet Heroes you can communicate with the rest of the Community members, share images, videos, send messages to other members of the Community, create content in your profile, among others. The information and content you share will be visible to all other members. You are solely responsible for ensuring that all posts you make on our website and application are honest and therefore not inappropriate, offensive, defamatory, defamatory, sexist, obscene, homophobic, threatening, false or misleading. In the event that the shared content incurs in any of the above conducts, Supernet Heroes will proceed to remove it without prior notice.
Registration with Supernet Heroes: In order to use the Services, you must register as a User or as a connected company (Superbrand) and provide the information required in the corresponding registration form. In addition, if you register as a Superbrand, you must provide the required documentation at the time of registration in order to demonstrate compliance with the KYC (Know Your Customer) policy of the Stripe payment platform. Once the documentation is verified and compliance is confirmed, we will proceed to validate the partner company on the platform to be able to operate as a Superbrand.
You declare at the time of registration on the Supernet Heroes Platform, and for this Agreement duration:
The registration form requires the information completion that Supernet Heroes needs for the correct Services provision. You are solely responsible for the information provided in the registration form and for the data you have provided veracity . In the event that you should find out or have usurpation existence indications, you must immediately inform Supernet Heroes through the contact ways available.
By registering for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or the entity you represent as prompted by the Services' registration form. Mission managers must register using your true identity, including your name, address and any image or video that purports to represent the Mission manager or the Beneficiary of such Campaign. You agree to keep registration information current and up to date.
Registration data and other information about you is governed by these Service Terms and our Privacy Policy. If you are under 18 you are not authorized to use the Services, with or without registration. Some aspects of our Services may also require you to register and agree to the terms of third party service providers (e.g., Payment Service Providers), with whom Supernet Heroes has entered into contracts, in order to benefit from their services. If Supernet Heroes, or one of the Payment Service Providers with whom Supernet Heroes collaborates, concludes at any time that the information you have provided about yourself or your Mission purpose is incorrect or violates any of these Service Terms or their terms of service, the Services may be suspended or terminated with immediate effect and fines may be imposed by the relevant authorities, from which you will indemnify Supernet Heroes. You acknowledge and agree that the use of Payment Service Providers is an integral part of the Services and that we exchange information with these third parties to facilitate the provision of Services as set out in our Privacy Policy. Payment Service Provider: Supernet Heroes is not a payment service provider and does not hold funds. Instead, Supernet Heroes uses payment service providers to process Donations for a Mission ("Payment Service Provider" or "PSP") to subsequently enable redemptions via vouchers on the Supernet Heroes network. You acknowledge and agree that the use of PSPs is an integral part of the Services and that Supernet Heroes exchanges information with PSPs to facilitate the provision of the Services. Registration with Supernet Heroes involves submitting information to the PSP about your bank account ("Bank Account"), warranting that such information is true and that you are authorized to use the Bank Account. It also entails your acceptance of a PSP Master Payment Services Agreement, which will govern the relationship between you and the PSP and which will be supplemented or complemented by the provisions of these Service Terms.
For its part, when registering as a Supercentre (add the framework contract) Heroes in Europe is Stripe. Stripe has a contract with the Spanish entity that owns Supernet Heroes, Superheroes Worldwide, S.L., which is the contracting entity responsible for transactions that benefit European users. European users should refer to Stripe's combined financial services guide and product description statement.
Creating an ewallet: In order to create an ewallet you must be a resident or a company legally incorporated in an EU Member State or in a State party to the European Economic Area Agreement or in a third country that imposes equivalent requirements for the prevention of money laundering and terrorist financing. For that reason, you declare at the time of registration with Supernet Heroes and throughout these Service Terms:
SupernetHeroes reserves the right to refuse any request to create an ewallet without having to identify the reasons for the decision taken. ewallet, you agree to transmit, as a minimum and subject to the requirements of the PSP from time to time, the following information: (i) company name, (ii) registry identification data, (iii) nationality (in the event that you are a foreigner), (iv) address, (v) tax identification number (NIF) provided that in the case of entities that must have the same in accordance with tax regulations, and (vi) identity, address, identity document, title of representation of the legal representative, if any. Supernet Heroes reserves the right to request, motu proprio or at the request of the PSP at any time, both prior to registration and during the term of these Service Terms, additional documents.
In addition, the ewallet use may be limited, without any justification being required by Supernet Heroes. The ewallet functionality will be limited in particular when you have not transmitted all data and documents requested by Supernet Heroes.
You agree that Supernet Heroes will forward your application for registration as an ewallet holder to the PSP. After registration the PSP must accept your registration as an ewallet holder. Supernet Heroes will notify you of the acceptance by the PSP by any contact reliable.
Supernet Heroes may, without any reason or right to compensation in its favour, reject a request to open an ewallet, notifying the PSP of such rejection by any means.
Relationship between the Cardholder and the PSP: The relationship between the Cardholder and the PSP shall be subject to the provisions of the Payment Services Master Agreement. The provisions of these Service Terms with respect to Supernet Heroes in such relationships shall supplement or complement the Framework Payment Services Agreement provisions. However, in the event that any provision of these Service Terms conflicts with the provisions of the Master Payment Services Agreement, the provisions of the Master Payment Services Agreement shall prevail in the relationship between you and the PSP. Supernet Heroes shall not be a party to such terms and conditions and shall in no event be liable in the event of any disagreement in the provision of the PSP's service.
Redemption of Vouchers or Cards will involve the transfer of all or part of the money collected in the relevant Mission from the ewallet created for the Mission to the ewallet of the connected company. The money accumulated in the ewallet of the connected company will be transferred to the Bank Account of the connected brand registered in the platform with the agreed periodicity. The transfers periodicity from the connected companies ewallets to their bank accounts must not exceed one month period.
The money available for purchase on the vouchers or cards will be the total amount collected minus the fees required by the Payment Service Provider and minus the 5% handling fee charged by the Supernet Heroes platform. The commissions charged by Supernet Heroes will be used by the platform for further growth, as well as to cover the maintaining services costs, marketing and communication activities.
Supernet Heroes may approve or reject any request for transfer between ewallets to bank accounts at its own discretion and without such decision giving rise to any compensation of any kind in its favour.
Requests to transfer money from the company's ewallet connected to your Bank Account will be transferred by Supernet Heroes. If the date of receipt is not on a business day, it will be considered received on the next business day. (CHECK WITH STRIPE_PABLO TERMS).
SupernetHeroes may block such payment in case it has doubts of fraudulent use of the ewallet, security threat to the ewallet or for any other reason that evidences an unauthorized use of the ewallet. In the event of blocking or denial of access to the Wallet, Supernet Heroes will notify you of any such circumstances by appropriate means and the reasons for such blocking or denial. Such information shall be provided at the latest after the blocking or denial, unless the communication of such information cannot be made for objectively justified security reasons. The PSP shall unblock the ewallet or restore access once the reasons for such blocking or denial no longer exist. (CHECK WITH STRIPE)
Payment Service Provider Fees: Although there is no fee to set up a Mission, industry standard Payment Service Provider fees apply (hereinafter referred to on the Website as the "Payment Service Provider Fees"). For more information on the Payment Service Provider Fees applicable to each Donation, please visit the SupernetHeroes Pricing section. The relationship between the User and the Payment Service Provider shall be subject to the Payment Service Provider's Terms and Conditions. The provisions of these Service Terms shall supplement or complement the provisions of these General Terms and Conditions of the Payment Service Provider. However, in the event that any provision of these Service Terms conflicts with the Payment Service Provider's General Terms and Conditions, the latter shall prevail in the relationship between the User and the Payment Service Provider.
The Services are platforms: SupernetHeroes is not an intermediary, a financial institution, a creditor or a charity. The Services are administrative platforms only. Supernet Heroes facilitates the Campaign for Users and allows Donors to make monetary and non-monetary donations to these Users.
All information and content you provide to Supernet Heroes in connection with the Services is for informational purposes only; Supernet Heroes does not warrant the accuracy, completeness, timeliness or reliability of such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making a decision about any Mission, Users, Donations, Donors, Supernet Heroes or any information or content in connection with the Services, you should consult your financial, legal, tax or other professional advisors as necessary. The User confirms that the User accesses all information and content using the Services at the User's own risk.
Supernet Heroes no tiene control sobre la conducta de un Usuario, ni sobre ninguna información proporcionada por el mismo, y por la presente rechaza toda responsabilidad a este respecto en la máxima medida permitida por la legislación aplicable. No garantizamos que una Misión obtendrá una determinada cantidad de Donativos o ni siquiera que vaya a recibir algún Donativo. No respaldamos ninguna Misión, Usuario o causa, y no ofrecemos ninguna garantía, expresa o implícita, de que cualquier información proporcionada a través de los Servicios sea exacta. Rechazamos expresamente cualquier obligación o responsabilidad por el resultado o éxito de cualquier Misión. Usted, como Donante, debe tomar la decisión definitiva en cuanto al valor y conveniencia de la contribución a cualquier Usuario, Misión o evento.
No fundraising: Supernet Heroes simply provides the technology for Users to connect with other Users, Donors and Supermarks. The existence of the Services is not a solicitation of donations by Supernet Heroes, and Supernet Heroes does not engage in any solicitation activity or offer solicitation advice to the public on behalf of any person, entity or organization. By using the Services, you understand and agree that Supernet Heroes shall not be responsible for the use of your donations or the amount of funds raised for the User, Mission or event.
Donors: All Donations are at your own risk. When you make a Donation through any of the Platforms, it is your responsibility to understand how your money will be used. Supernet Heroes is not responsible for any offers, promises, rewards or promotions made or offered by Users or Missions. We do not and cannot verify the information provided by Users or Missions, nor do we represent or warrant that Donations will be used in accordance with the fundraising purpose prescribed by a User or one or in accordance with applicable laws. Notwithstanding the foregoing, we take potential fraudulent activity and misuse of funds raised very seriously. You can learn more about this in our Anti-Fraud Policy (SNH02) on fraud (link to Supernet Heroes fraud policy). If you have reason to believe that a User or Mission is not collecting or using funds for their stated purpose, please use the "Report" button on the Mission to alert our team to this potential problem and we will investigate.
Supernet Heroes makes no representation as to whether all or any part of your Donations, including, if any, Payment Service Provider Fees, are tax-deductible or eligible for tax relief. Supernet Heroes shall have no liability for any claim by any state, provincial, territorial, local or other taxing authority with respect to your description on any tax return applicable to any Donation made by you, any User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, taking into account (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and especially if you receive a gift or award in connection with your Donation.
Types of Missions: Missions can be for monetary, non-monetary or sponsorship purposes. A sponsorship mission involves the contribution of an amount of money by the Donor that will serve to cover the Donor's requirement for a limited time and indicated in the details of the Mission. Any User can open a Mission on the platform, using the "My Missions" function, "Create New Mission". The term of the mission will expire on the date indicated by the User when creating the Mission, however, one month before the expiry date, the platform will notify the mission manager to extend the mission for a further 30 days if necessary.
The expiry date may not exceed 12 months.
Mission Manager User: You, as a Mission Manager User, represent, warrant and promise that: (i) all information you provide in connection with a Mission or a Beneficiary is accurate, complete and not likely to mislead reasonable Users; (ii) all Donations contributed to your Mission will be used only as described in the materials you post or otherwise provide; iii) if you withdraw Donations that reasonable Donors believe were collected on behalf of someone other than you (i.e., the Beneficiary), all Donations will be delivered to or used on behalf of the Beneficiary; iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; v) you will not violate the rights of others; (vi) you will comply with all relevant and applicable legal and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting and asset disclosures for your project; and vii) to the extent that you share with us personal data of a third party for any purpose, including names, email addresses and telephone numbers of your personal contacts, you have the ability (including any necessary consents) required by applicable law to provide such personal data to us and to permit us to use such personal data for the purposes for which you shared it with us. You authorize SupernetHeores, and SupernetHeores reserves the right to provide information related to your Mission to Donors, beneficiaries of your Mission or to authorities, and to assist in any investigation of your Mission.
If you use the Services as an agent of a Charity using the Services to raise funds for such Charity, you represent and warrant that: (i) you are a representative of the Charity, and as such, the representative is authorized to fundraise for or bind the Charity to these Service Terms; (ii) you are fundraising for a Charity, with a cause or activity that is lawful under all applicable state, county, provincial and local laws and regulations; (iii) all funds donated will be used solely for your stated purposes and in connection with your Mission, and under no circumstances shall you use the funds for any other purpose; or (iv) your Charity has and will maintain its tax-exempt status under applicable law.
Generation of Vouchers and Cards: If the Mission is for a monetary purpose, at the end of the campaign, the money raised will be transformed into a voucher or card (for those connected companies that have registered them) that can be downloaded as a PDF or printed. The money available in the coupon and in the cards will be calculated by subtracting the PSP commissions and the commissions of the Supernet Heroes platform itself from the total amount raised.
Vouchers and Cards can be used for the purchase of products and Services in the network of connected companies, Superbrands.
The Coupons have the following characteristics:
The cards have the following characteristics:
Taxes: It is your sole responsibility to determine what taxes, if any, apply to the Donations you receive through your use of the Services.
Account, Password and Member Security: You are responsible for maintaining the confidentiality of your password and account, if applicable, and are fully responsible for any and all activities that occur under your password or account. You agree to i) immediately notify Supernet Heroes of any unauthorized use of your password or account or any other breach of security, and ii) log off from your account at the end of each session when you access the Services. Supernet Heroes will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to the Services: Supernet Heroes reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or any third party for any claims, damages, costs or losses resulting therefrom.
Content manifestly made public by the User.
Public Content; Public Submission of Information and Donations: Some of your activity on and through the Services is public, such as content that you publicly display on the Platforms (including descriptions, text, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials that you upload or post through the Services or share with other users or recipients) ("User Content"). In addition, User profile information, including your first and last name, public email address, organization, personal biography and other information you enter in connection with your User profile, may be displayed to other users to facilitate user interaction within the Services. For example, as a Mission manager, you may post personal data that could be considered sensitive information. In addition, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (such as Google and Yahoo). To keep your Donation details private from the general public, simply click the "Private" checkbox during the Donation process. Please note that if you choose to provide information using certain public features of the Services, that information is governed by the privacy settings of those particular features and may be available to the public. Persons reading that information may use or disclose it to other persons or entities without our or your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information that you may consider private in the content you create or information you submit through the Services. Please see our Privacy Policy for information about how we may collect, use and retain certain information about you and your use of the Services.
Not requested Information: Please note that some User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer service communications, your communication with us of ideas for new products or modifications to existing products, and other unsolicited submissions or questions, comments, suggestions, ideas, opinions or other information about the Services (collectively, with publicly available information, "Not requested Information"). By submitting Unsolicited Information to us, i) you agree that we have no obligation of confidentiality, express or implied, with respect to the Unsolicited Information; ii) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; iii) you agree that Supernet Heroes shall be entitled to the unrestricted use and dissemination of the Unsolicited Information for any commercial or other purpose, without acknowledgment or compensation to you; iv) you represent and warrant that you have all necessary rights to submit the Unsolicited Information; v) to the extent necessary, you hereby grant to Supernet Heroes a fully paid-up, perpetual, irrevocable, worldwide, non-exclusive and fully transferable and sub-licensable (through multiple tiers) right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works and otherwise exploit, commercially or non-commercially, any Unsolicited Information, and to sub-license the foregoing rights; and vi) you irrevocably waive, as against Supernet Heroes and its Users, any and all claims and assertions of moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive termination of your account or the Services.
You acknowledge and agree that Supernet Heroes may preserve Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to i) comply with applicable laws; ii) enforce these Service Terms; iii) respond to claims that any User Content violates the rights of third parties; or iv) protect the rights, property or personal safety of SupernetHeroes, its Users or the public.
Third Party Communications: If you use any Services feature that allows you to communicate with third parties (such as referring a third party to the Services or communicating with a third party in connection with a Mission or Donation), whether by submitting Third Party Data to the Services or otherwise allowing the Services to automatically access Third Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third Party Data and that you have notified such third parties informing them of how Supernet Heroes collects and uses their information to provide the Services. We reserve the right to identify you as the person who made the referral in any message sent to them. We use Third Party Data to contact such third parties using the Third Party Data provided. In addition to sending the above communications, we may also periodically send reminders or related messages to you and third parties on your behalf where permitted by applicable law. In all cases, any communications sent to third parties using Third Party Data will provide a means to opt-out of receiving further communications of the same type.
Promotions on the Supernet Heroes Platform: You are not permitted to offer any contest, competition, reward, giveaway, raffle, sweepstakes or similar activity (each, a "Promotion") on or through the Supernet Heroes Services.
Data Retention: You acknowledge that Supernet Heroes has no obligation to retain any data related to any account or Mission. The platform stores Mission information in the "Missions" section of active users and redemptions in the "Redemptions" section. You acknowledge that Supernet Heroes reserves the right to delete data or cancel accounts or terminate Missions at any time and for any reason, with or without notice, and without any liability to you or any third party for any claims, damages, costs or losses resulting therefrom.
Supernet Heroes Mobile Services: The Supernet Heroes Services include certain features that may be available through a mobile device, including the ability to i) upload User Content to the Supernet Heroes Platform, ii) browse the Supernet Heroes Platform and iii) access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent that you access the Mobile Services, your wireless carrier's standard data charges and fees may apply. In addition, downloading, installation or use of certain Mobile Services may be prohibited or limited by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means through your Mobile device and that certain information about your use of the Mobile Services may be communicated to us. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this way. In the event that you change or deactivate your mobile phone number, you agree to immediately update your Supernet Heroes account information to ensure that your messages are not sent to the person who acquires your old number.
You are solely responsible for all User Content that you upload, disseminate, post, display, transmit or otherwise use ("Upload"). You agree to cooperate fully with any requests we make for evidence we deem necessary to verify your compliance with these Service Terms.
The following are examples of User Content or use that is unlawful or prohibited by Supernet Heroes. This list is not exhaustive and we reserve the right to remove any Mission or investigate any User who, in our sole discretion, violates any of the terms or the spirit of these Service Terms. As we investigate your Mission, a User or User Content, we may consider all available material, including but not limited to social media, related news and any other information that we, in our sole discretion, deem relevant in our review. In addition, we reserve the right, without limitation, to ban or disable your use of the Services, remove User Content that is offensive, suspend or terminate your account, stop payments to any Mission, freeze or place a hold on Donations, and report you to law enforcement or otherwise take appropriate legal action, including seeking restitution of assets or funds on behalf of us or our users.
Without limiting the foregoing, you agree:
2. Do not use the Services to transmit or otherwise upload any User Content that i) infringes any intellectual property or other proprietary rights of any party; ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; iii) contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the operation of any computer software, hardware or telecommunications equipment; (iv) involves or creates a privacy or security risk to any person; (v) constitutes advertising, promotional materials, unwanted or unauthorized commercial activities or sales, "junk mail", "spam", "chain letters", "pyramid schemes", "contests", "sweepstakes" or any other form of solicitation; or vi) in Supernet Heroes' sole discretion, is unacceptable or prevents any other person from using or enjoying the Services, or which may expose Supernet Heroes, its users and Superbrands to any harm or liability of any kind.
3. Not to interfere with or disrupt the servers or networks connected to the Services or to violate the requirements, procedures, policies or regulations of the networks connected to the Services.
4. Not to harvest, collect or publish personally identifiable information from others.
5. Not collect funds for a minor without the express permission of the minor's guardian unless the funds are transferred to a trust account for the sole benefit of the minor.
6. Not to use the Services on behalf of a third party or post personal data or other information about a third party, without the express consent of such third party.
7. Not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, improperly represent a Charity or Mission through the Services, or post User Content in any inappropriate category or area on the Services.
8. Not create any liability for Supernet Heroes or cause us to lose (in whole or in part) the services of our Internet service providers, web hosting company or any other provider or supplier.
9. Not to engage in any conduct that, in Supernet Heroes' sole discretion and judgment, restricts or inhibits any other user from using or enjoying the Services.
10. Not to interfere with or disrupt any server or network used to provide the Services or their respective functions, or to fail to comply with any requirements of the networks Supernet Heroes uses to provide the Services.
11. Not to gain unauthorized access to the Services, or any account, computer system or network connected to these Services, by any unauthorized or unlawful means;
12. Not to gain unauthorized access to the Services, or any account, computer system or network connected to these Services, by any unauthorized or unlawful means.
13. Not to use the Services to post, transmit or exploit in any way any information, software or other material for commercial purposes, or which contains advertising, except that use of the Services for fundraising activities is expressly permitted in accordance with these Terms.
14. Not to advertise or solicit commercially on the Supernet Heroes Platform for products or services without the written consent of Supernet Heroes, except for use of the Services for fundraising activities which is expressly permitted in accordance with these Terms.
15. Transmit more solicitation messages through the Services in a given period of time than can reasonably be produced by a human being in the same period of time using a conventional online web browser.
16. Engage in any activity or conduct that is inconsistent with the activities or purpose of the Services.
17. Or attempt to indirectly carry out any of the foregoing actions.
In addition, with respect to all Donations you make or accept through the Services, you agree to:
Supernet Heroes reserves the right to refuse, condition or suspend any Donations or other transactions that we believe in our sole discretion may violate the Service Terms or harm the interests of our users, business partners, the public or Supernet Heroes, or expose you, Supernet Heroes, Superbrands or others to unacceptable risks to us. We may share any information relating to your use of the Services with the appropriate authorities in accordance with our legal obligations. This information may include information about you, your account, your Donors, Donations and transactions made through or in connection with your use of the Services.
Donations: To contribute to a monetary Mission, the Donor will be required to provide Supernet Heroes with credit card or other payment instrument ("Payment Instrument") information that is linked to the Donor's account on the Services (a "Billing Account"). You, as the Donor, represent and warrant to Supernet Heroes that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless Supernet Heroes, in its sole discretion, agrees to issue a refund. Supernet Heroes uses third party Payment Service Provider partners to bill you through your Payment Instrument and Billing Account for all Donations made, and Donors acknowledge that by contributing a Donation to a Mission, the Donor agrees to the processing, use, transfer or disclosure of data by these Payment Service Providers in accordance with the applicable terms set forth by these Payment Service Providers, in addition to these Service Terms, including the , the Service Terms.
Account Blocking: Supernet Heroes may, at its sole discretion, apply a block on a Mission Account (a "Block"), restrict Withdrawals (as defined herein), initiate a reversal of a bank transfer, set aside reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons why we may take such action include, but are not limited to, the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Mission Manager is false, misleading or fraudulent, or that funds are being used in a prohibited or fraudulent manner, (ii) if available funds (as determined by Supernet Heroes in its sole discretion) are to be provided directly to a person other than the Mission Manager (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Manager), iii) if we have reason to believe that a Mission or a Mission Manager has breached these Service Terms, iv) if SupernetHeroes determines that the Mission Manager has colluded with donors to conduct fraudulent activities, v) if we have reason to believe (in our sole discretion) that there may be suspicious activity or fraudulent donations, or vi) if required to comply with a court order, subpoena, warrant, summons or as otherwise required under applicable laws and regulations
The Supernet Heroes platform is completely free of charge for both Users and connected companies, Superbrands. Users, Donors and Beneficiaries can create an account and make use of the functions available on the platform, such as chat, contact book, search engines, image gallery and the module for creating new missions, free of charge. In addition, the launching and contribution to non-monetary missions is also free of charge and commissions.
Connected companies can register on our platform and make use of the coupon validation and redemption modules completely free of connection costs.
In the case of monetary targeting missions, commissions will be applied when money is contributed to the campaigns. The commission will be deducted from the total amount of money contributed by the Donor at the time of payment of the amount donated through the different payment methods accepted by the platform.
The commissions applied in the Missions will be of two types
The platform charges 5% of the total raised. We use this money to give life to all the teams that make Supernet Heroes possible and to make the platform grow, with the aim of reaching more and more people every day. In addition to the platform commission, the Stripe payment gateway retains 1.4% of each contribution total with European cards, and 3.4% in case the payment card is not European.
Supernet Heroes offers advertising space on the platform to interested connected companies, the Client. The advertising service on the platform is paid, the cost will be subject to the Client's requirements and will vary depending on the space occupied on the platform, duration and repercussion (local/national/international) of the advertisement. For the specific advertising service costs, please contact hello@supernetheroes.com.
The platform has 3 differentiated spaces where Client advertising can be placed:
Advertisement on coupons: visible to all users. The visibility of the advertisement will depend on the Client's requirements and may be international, national or local (depending on the postcode
Supernet Heroes offers Software applications that are designed to work in connection with products commercially manufactured by Google Inc. ("Android"), among other platforms. With respect to Software that is made available for use in connection with an Android product, in addition to the other terms and conditions set forth in these Service Terms, the following terms and conditions apply:
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or functions ("Services Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property rights and laws. Except as expressly authorized by Supernet Heroes, you agree not to modify, copy, frame, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content or the Content, in whole or in part, except in connection with your own User Content that you lawfully upload to the Services. In connection with your use of the Services, you will not use or participate in any data mining, spidering, robots, scraping, or similar data gathering or extraction methods. If Supernet Heroes blocks your access to the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Content of the Services other than as specifically authorized herein is strictly prohibited. The technology and software underlying or distributed in connection with the Services are proprietary to Supernet Heroes and our partners (the "Software"). You agree not to copy, modify, create derivative works, reverse engineer, disassemble or attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Software. Any rights not expressly granted herein are reserved by Supernet Heroes.
The Supernet Heroes name and logos are trademarks and service marks of Supernet Heroes (collectively the "Supernet Heroes Trademarks"). Other company, product and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners, which may or may not endorse or be affiliated or connected with Supernet Heroes. Nothing contained in these Service Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Supernet Heroes Trademarks displayed on the Services, without our prior written consent in each instance. All goodwill generated from the use of the Supernet Heroes Trademarks shall insure to our sole benefit.
Third Party Material: Under no circumstances shall Supernet Heroes be liable for any third party (including Users) content or material or any User Content (including, without limitation, any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that Supernet Heroes does not pre-screen User Content, but that Supernet Heroes and its designees shall have the right (but not the obligation) in their sole discretion to reject, remove or permit any User Content to be made available through the Services at any time and for any reason, with or without notice, and without any liability to you or any third party for any claims, damages, costs or losses resulting therefrom.
User Content transmitted through the Services: With respect to User Content, you represent and warrant that you have all right, title and interest in, or otherwise have all necessary rights and consents to fully exploit (and permit others to fully exploit) such User Content, including, without limitation, copyright, intellectual and/or industrial property rights, and rights of publicity or privacy relating thereto. By uploading, sharing, providing or otherwise making available any User Content, or any part thereof, in connection with the Services, you hereby grant and shall grant to Supernet Heroes and its affiliates and users a non-exclusive, worldwide, fully paid-up, transferable, sub-licensable, perpetual, irrevocable, perpetual and irrevocable license to copy, reproduce, distribute, distribute and otherwise make available any User Content, or any part thereof, in connection with the Services, perpetual and irrevocable license to copy, display, upload, upload, perform, distribute, preserve, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, media or technology now known or hereafter developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Supernet Heroes and its employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claim by virtue of any blurring distortion, modification, optical illusion or other use or exploitation of your name, image or likeness, and (iii) any liability for claims brought by you (or any successor to any claim you may bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve intermediate or finished versions of the results of the use of your User Content (including your name, image or likeness). In addition, if any person (other than you) appears in your User Content, you represent and warrant that you have obtained all necessary licenses, releases and waivers from such persons for the benefit of Supernet Heroes in a manner fully consistent with the licenses, releases and waivers set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any kind in connection with the licenses, waivers and disclaimers set forth herein (or Supernet Heroes' exploitation thereof), and that the sole consideration for the subject matter of this agreement is the opportunity to use the Services.
We make no warranty that any Content on the Services will be available through the Services. We reserve the right, but have no obligation, to: i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, without limitation, upon receipt of complaints or allegations from third parties or authorities regarding Services Content or User Content, or if we are concerned that you have violated these Service Terms), or for any reason whatsoever; and ii) remove or block any Services Content or User Content from the Services.
Copyright Claims: Supernet Heroes respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Supernet Heroes of your claim of infringement.
To be effective, the notification must be in writing and contain the following information:
Counter Notification: If you believe that the User Content that has been removed (or access to which has been disabled) is not infringing, or that you have the permission of the copyright owner or it is a legally permitted use to upload and use the content in your User Content, you may send a written counter notification containing the following information to the copyright agent listed above:
If the copyright owner receives a counter notification, Supernet Heroes will send a copy of the counter notification to the original complaining party, informing that person that they may replace the removed content or cease disabling it within 10 business days. Unless the copyright owner files a legal action seeking an injunction against the content provider, member or user, the removed content may be replaced, or the content restored, within 10 to 14 business days or more after receipt of the counter-notification, at our sole discretion.
The Services or third parties may provide or facilitate links, widgets or other features that enable you to access other sites, services and resources provided by third parties (collectively, "Third Party Resources"). Supernet Heroes has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and Supernet Heroes is not responsible for and does not endorse such Third Party Resources or the products, services or content available from such Third Party Resources. You acknowledge that Supernet Heroes is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that Supernet Heroes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such Third Party Resources. Any dealings you have with third parties arising out of your use of the Services remain between you and the third party and may be subject to additional terms arranged by the third party, which you agree to through your use of such Third Party Resources. As an example of this, if you use the Supernet Heroes Platform through your mobile device and upload a video to a fundraising fundraiser, that video will be uploaded using YouTube and will be subject to YouTube's Service Terms. You agree that Supernet Heroes will not be legally responsible for any loss or claim you may have brought against that third party.
You agree to hold harmless and indemnify Supernet Heroes and its officers, employees, directors and agents from and against any and all losses, damages, expenses, including reasonable attorneys' fees, costs, judgments, fines, damages, rights, claims, actions of any kind and injuries arising out of or related to your use of the Services, any Donation or Mission, any User Content, your connection to the Services, your violation of these Service Terms or your violation of any rights of any other person. You agree that Supernet Heroes is entitled to conduct its own defense of any claim in its own discretion, and that you will indemnify Supernet Heroes for the costs of your defense (including, without limitation, attorneys' fees).
Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis. Supernet Heroes expressly disclaims and excludes, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Supernet Heroes makes no condition or warranty of any kind that (i) the Services will meet all of your requirements, (ii) the Services will be uninterrupted, secure, error-free or timely, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, or (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations.
You expressly understand and agree that, to the fullest extent permitted by law, neither Supernet Heroes nor its affiliates shall be liable for (i) indirect, incidental, opportunity cost, reputational, consequential or punitive damages, (ii) damages for loss of profits, (iii) damages for loss of goodwill, iv) damages for loss of use, v) loss of or damage to data, or vi) other intangible losses (even if Supernet Heroes has been advised of the possibility of such damages), whether in contract, tort, negligence, strict liability or otherwise, arising out of i) the use of or inability to use the Services; ii) the cost of procurement of substitute items and services such as data, information or services purchased or obtained, or messages received or transactions conducted through or from the Services; iii) any promotions and related rewards or prizes available through the Services; iv) unauthorised access to or alteration of your transmissions or data; v) statements or behaviour of any third party on the Services; or vi) any other matter relating to the Services.
These Service Terms shall be governed by the substantive and procedural laws of Spain and You agree with SupernetHeroes to submit to the jurisdiction and venue of the Courts and Tribunals of Madrid for any dispute relating to these Service Terms.
You agree that Supernet Heroes, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services, and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or any third party for any claims, damages, costs or losses resulting therefrom.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Supernet Heroes shall have no obligation or liability with respect thereto. Supernet Heroes reserves the right, but has no obligation, to become involved in any way in disputes between you and any other user of the Services.
These Service Terms constitute the entire agreement between you and Supernet Heroes and govern your use of the Services, superseding any prior agreements between you and Supernet Heroes with respect to the Services. You may also be subject to additional terms of service that may apply when you use affiliate or third party services, third party content or third party software. With respect to any dispute or claim that is not subject to arbitration as set forth above, you and Supernet Heroes agree to submit to the personal and exclusive jurisdiction of those located in Madrid, Spain. The failure of Supernet Heroes to exercise or enforce any right or provision of these Service Terms shall not constitute a waiver of such right or provision. If any provision of these Service Terms is found by a court of competent jurisdiction to be invalid (or otherwise invalid), the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Service Terms shall continue in full force and effect. You agree that regardless of any rule or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Service Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
A printed version of this agreement and of any notice delivered in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Service Terms without the prior written consent of Supernet Heroes, but Supernet Heroes may assign or transfer these Service Terms, in whole or in part, without limitation. Our failure to assert any of our rights does not constitute a waiver of such rights. The section titles in these Service Terms are for convenience only and have no legal or contractual effect. Notices to you may be made by email or regular mail. The Services may also notify you of changes to these Service Terms or other matters by displaying notices or links to notices generally on the Platforms. Supernet Heroes may, at any time, assign our rights or delegate our obligations hereunder without notice to you, in connection with a merger, purchase, reorganization or sale of stock or assets, or by operation of law or otherwise. Nothing contained in these Terms shall prevent Supernet Heroes from complying with the law. Supernet Heroes shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation, fuel, power, labor or materials.
Supernet Heroes has the utmost interest in protecting the personal data provided for the observance of the provisions of these Service Terms. Supernet Heroes complies in the processing of personal data with the legislation in force in Spain and in the European Union, in particular with the RGPD, the LOPDGDD and its implementing regulations, as well as, where appropriate, with the regulations that replace or complement them. To this end, it adopts the necessary technical and organizational measures to ensure that the current regulations are applied, taking into account the state of technology, the nature of the data and the risks to which they are exposed. The personal data required by Supernet Heroes is necessary for the provision of the Services, in accordance with these Service Terms. The main purpose will be to enable your participation in the App, the basis of legitimacy being the existence of a contractual relationship, as well as the management of requests for information and complaints.
In the event that personal data of third parties is communicated to Supernet Heroes, the existence of sufficient legitimacy basis for such communication of data must be declared, having provided the holders of the personal data with the information contemplated in articles 13 and 14 RGPD and 11 LOPDGG, in particular the purpose for which the communication has been made and the identity and contact details of Supernet Heroes.
For the Services provision, you acknowledge that and consent that third parties may access the personal data that you have provided to Supernet Heroes for the purpose of allowing you to participate in and use the Services. These third parties will have the status of data processors and will act on behalf of Supernet Heroes, having accredited compliance with current data protection regulations.
Apart from the above, Supernet Heroes will not communicate personal data to third parties, unless there is a legal obligation to do so or unless it is considered legitimate or it obtains the express consent of the interested parties. Supernet Heroes reserves the right to communicate personal data at the request of a legal authority in order to comply with applicable law, to protect or defend its rights or those of data subjects, if compelling circumstances so warrant or to protect the safety of the data subject, the Services or the public. Supernet Heroes will report security breaches affecting personal data (e.g., loss, unauthorized access, among others) that could pose high risks to personal data.
The Data Subject is also informed of his or her right to lodge a complaint with the competent authority for any request relating to his or her personal data. As the owner of personal data, you may exercise your rights of access, rectification, deletion, opposition, oblivion, limitation of processing and portability of data against Supernet Heroes, and you may also exercise your rights at any time by contacting Supernet Heroes through the means of contact established in these Service Terms. Your name and surname must be indicated in the request, and you must attach a photocopy of your identity document bearing your signature. Supernet Heroes will respond to this request within 1 day after receiving your request. This deadline may be extended by a further 2 months in view of the complexity and number of requests. In such a case, the interested party will be informed of this extension within 1 month of receipt of the request, stating the reasons for the delay. Personal data processed by Supernet Heroes within the framework of the services provided in accordance with these Service Terms for the period of time strictly necessary in order to fulfill the aforementioned purposes. Unless otherwise provided by law or regulation, data will not be retained by Supernet Heroes for a period of more than 6 years from the Service Terms termination date, in accordance with the applicable regulations on contractual liability.
Neither party shall be liable for any interruption or delay in performance or deliverables if caused by: an act of war, hostility or sabotage; force majeure; pandemics; failure of electronic, internet or telecommunications supply not caused by the obligor; governmental restrictions (including the denial or cancellation of any export, import or other license); any other circumstances beyond the reasonable control of the obligor. Both parties shall use reasonable efforts to mitigate the effect of a force majeure event. If such an event continues for a period of more than 30 days, either party may request cancellation of the Service Terms without prior notice by written notice in accordance with the means of contact available in these Service Terms. This Clause does not relieve either party of the obligation to take reasonable steps to follow its normal disaster recovery procedures or its obligation to pay the applicable fees for the Services.