Upload terms

This is an English translation provided for information. The binding version is the Spanish one.

Last updated: 14 November 2024

These Upload Terms (“Terms”) govern the irrevocable assignment that the sender (“Licensor”) grants to Carlos Peñalba, owner of Puntazos Padel, contact email puntazosp@gmail.com, and to his successors, affiliates, licensees and assignees (collectively, “Puntazos Padel”) of the licensed rights (defined below) over all audiovisual content, images and other materials that the Licensor sends to Puntazos Padel (collectively, the “Images”). Acceptance of these Terms constitutes a legal agreement between the Licensor and Puntazos Padel. By sending any content, the Licensor represents and warrants that they fully understand and accept these Terms.

Licensed rights

The Licensor grants Puntazos Padel a worldwide, perpetual, exclusive and irrevocable right, without any additional compensation, to use, distribute, reproduce, modify, adapt, create derivative works from, display, publish and exploit, commercially and non-commercially, the Images in any medium now known or later developed, on any platform and for any purpose Puntazos Padel sees fit. This includes, without limitation:

The use of the Images in advertising campaigns, social media, online publications, audiovisual media and any other format or medium.
The editing, adaptation, alteration, translation and transformation of the Images to fit the requirements of any medium or platform.
The right to sublicense and transfer these rights to third parties without obtaining further consent from, or giving any notice to, the Licensor.

The Licensor acknowledges and agrees that Puntazos Padel will have the right to use the Images in combination with other content, in any context and for promotional, advertising, marketing or entertainment purposes, in whole or in part, including the possibility of associating them with other programmes, brands, products or services.

Warranty of ownership and third-party rights

The Licensor represents and warrants that:

Ownership and Control of Rights: They are the sole owner of all rights in the Images or have the legal authorisation needed to grant Puntazos Padel the rights set out in these Terms without infringing third-party rights. This includes all intellectual property, image, trademark, moral and other rights relating to the content sent.
Third-Party Authorisation: They have obtained, and hold, the necessary authorisations from any person who appears in the Images, and from the owners of any intellectual property or image rights (such as trademarks, logos, works of art, etc.) that appear in the Images, so that Puntazos Padel can freely use the Images without incurring any liability to third parties.
Protection of Minors: If the Licensor is under 18, they have obtained the explicit consent of their parents or legal guardians to accept these Terms and assign the rights in the Images. If any person under 18 appears in the Images, the Licensor confirms that they have obtained the consent of that person’s parents or legal guardians for the use and assignment of rights set out here.
Compliance with Applicable Law: The Licensor warrants that the Images do not breach any applicable law or regulation, including, among others, intellectual property rights, privacy and data protection rights, and that the content sent is not defamatory, obscene or offensive.

Use of personal data and privacy

The Licensor acknowledges and agrees that the personal information included in the Images (including, without limitation, name, image and voice) will be used and processed by Puntazos Padel in accordance with its Privacy Policy and in compliance with the European Union General Data Protection Regulation (GDPR) and the Spanish Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD). Puntazos Padel may keep and process that information only for the purposes described here and for as long as necessary to fulfil them, unless the Licensor asks for their personal data to be deleted, provided this does not affect the irrevocable rights granted here.

Waiver of moral rights

To the extent permitted by applicable law, the Licensor expressly waives any moral right or authorship right they may have over the Images, including the right to be identified as the author of the content and the right to object to changes that could be considered derogatory or dishonourable.

Indemnity

The Licensor undertakes to indemnify, defend and hold harmless Puntazos Padel, its representatives, employees, affiliates, licensees and assignees from any claim, demand, loss, liability, damage, cost or expense (including legal fees) arising from:

Any breach by the Licensor of the warranties and representations in these Terms.
Any infringement of intellectual property rights, image rights or any other third-party rights.
Any action or claim by third parties arising from the use of the Images by Puntazos Padel under the rights granted here.

Termination of the rights granted

The Licensor understands and agrees that the rights granted to Puntazos Padel under these Terms are irrevocable and cannot be cancelled, terminated or withdrawn once the Images have been sent to and accepted by Puntazos Padel. This includes any future request to remove the Images from the platforms or media where Puntazos Padel has published them.

Limitation of liability

To the fullest extent permitted by applicable law, Puntazos Padel will not be liable for any direct, indirect, incidental, special or consequential damage arising from the use of, or inability to use, the Images sent. Puntazos Padel accepts no liability for errors, omissions or interruptions in the service, or for any loss of data that may result from the use of the Images.

Changes to the upload terms

Puntazos Padel reserves the right to update or change these Terms at any time. If significant changes are made, the Licensor will be notified through a visible notice on the Puntazos Padel website. The date of the last change to the Terms will be shown at the top of this document. The Licensor’s continued use of the Properties or sending of Images after any change is published constitutes acceptance of that change.

Governing law and jurisdiction

These Terms are governed by Spanish law. For the resolution of any dispute that may arise in connection with these Terms, both parties submit to the exclusive jurisdiction of the courts of Madrid, expressly waiving any other jurisdiction that may apply to them.

Contact

For any questions or comments about these Upload Terms, the Licensor can contact us at puntazosp@gmail.com.