These Terms and Conditions ("Terms and Conditions") define the principles of providing electronic services through the website located at the address whitepress.com.es whitepress.net ("Service"), for the benefit of end-users of the Internet network, visitors to the Service, who complete all legal and factual actions provided for in the Terms and Conditions ("Users"), and at the same time are Advertisers.
The Website gathers a database of Advertisers, Publishers, Influencers and Journalists. The database is verified on an ongoing basis, and its change is not considered a change in the Regulations.
An Advertiser shall be understood as a Service User who is an entrepreneur who delivers supplemented articles with other types of content (e.g. infographics, photos) for publication on the Publisher's website, orders content from Journalists or implements campaigns with Influencers via the Website, while this User may be the final beneficiary of the Service or an entity acting on behalf of such a beneficiary (e.g. a media house) bearing responsibility towards the Service Provider as if he ordered Services in his own name and on his own behalf.
If a consumer wishes to order Services such as those offered by the Service Provider to the Advertiser under the Terms and Conditions, then the contract is concluded on terms agreed individually, with the proviso that the provisions of the Terms and Conditions apply to prices and in the remaining scope, which will be agreed individually with the consumer.
The Publisher shall be understood as a Service User placed by the Service Provider in the database of Publishers, whose situation is regulated by the Terms and Conditions of the Publisher, who publishes articles on his websites or blogs.
An influencer is understood as a Service User placed by the Service Provider in the Influencer database, whose situation is regulated by the Regulations of the Influencer, and who is a person having his own channels (social media profiles) enabling advertising message, in particular blog, video blog, social media channels (hereinafter: "Profiles").
The journalist is understood as a Service User, placed by the Service Provider in the Journalists database, who prepares articles, infographics and other content ordered by the Advertiser or Service Provider.
For working days within the meaning of the Regulations, every day other than Saturday, Sunday and any other day off work shall be deemed to be a working day. If the Regulations refer to "days", this shall mean calendar days.
The Service is provided by WhitePress s.r.o.with its registered office at Mlynska 27, 40 001 Kosice, Slovakia (hereinafter referred to as "Service Provider").
These Regulations are referred to the Article on electronic services.
The provisions of other documents available on the Website, to which these Regulations refer, are an integral part of the Regulations. If the provisions of these documents are contrary to the content of the Regulations, the Advertiser is bound by the provisions of the Regulations.
The service provided consists in particular in making the Website and its functionality available (including: publishing articles on Publishers' websites, developing content, running influencer marketing campaigns, promoting content), including communication tools and functionality enabling ordering services (hereinafter referred to as the "Service").
The Service related to the provision of the Service shall be provided at the moment of obtaining access to the Service or selected functionalities.
Access to the Service, as a Service referred to in point 2.2., is settled within the framework of payments charged for Paid Services. The conclusion of an agreement for the provision of such a Service shall take place upon acceptance of the Regulations by the User. The scope and manner of using the above-mentioned Services is determined by the Service Provider in the content of the Regulations and documents to which the Regulations refer.
The availability of the functions of the Service chosen by the Service Provider is chargeable. The scope of these Services and the fee are determined by the provisions of the documents available on the Website which refer to a given, specific Service. A contract for the provision of paid services is concluded at the moment indicated by the provisions of the Regulations relating to a given Service, and it is an agreement concluded on condition precedent for the payment of remuneration by the Advertiser. The scope and manner of using paid services are specified by the Service Provider in the content of the Regulations and in the documents referred to in the Regulations.
Before concluding an agreement within the scope of the Website functionality, the Parties are obliged to confirm the correctness of the order and the order acceptance statement.
If a Party, before concluding an agreement, confirms to the other Party the receipt of an offer, which may also be done automatically through the functionalities of the Service, such confirmation does not cause the conclusion of an agreement, but only the effect that the offer is binding on the person making the offer.
The conclusion of the agreement and its terms and conditions shall be recorded in an e-mail message sent to the Parties within the scope of the Website functionality.
An agreement may be concluded only in English.
None of the agreements provided for in the Terms of Use may be concluded in an implicit manner.
Paid services provided consist of:
Mediating between Publishers and Advertisers in making the Portals available and publishing paid (sponsored) and expert guest articles
Mediating between Influencers and Advertisers in making available Profiles and information or advertising campaigns;
Mediating between Journalists and Advertisers in the development of content.
Intermediation, in accordance with the provisions of these Terms of Use applicable to the Service, may consist in acting on behalf of and for the Service User or on their own behalf, but on behalf of the Service Provider.
The Publisher publishes on the Website a list of his websites, including blogs (hereinafter: Portals), which are covered by the agency referred to in point 2.10. For each Portal, the Publisher provides information about his address, subject matter, description, popularity and other data important for the Advertisers. The information provided by the Publishers is subject only to partial verification by the Service Provider. If an Advertiser wants to use the Portal, he should familiarize himself not only with the Publishers' information, but also with the content and functioning of the Portal.
The Service Provider provides the Advertiser with indicators concerning the Portals and social media profiles. These data come from Publishers or Influencers or are collected from external services at the moment of adding a given Portal or Profile to the Website. The Service Provider makes efforts to verify them periodically in various time intervals, but does not guarantee their correctness or timeliness on a given day.
The Service is available to Advertisers as end-users of the Internet.
The Service Provider may introduce accessory services and extensions, including paid ones.
The service is provided in accordance with the provisions of these Terms and Conditions
Correct use of the Service is possible with a PC, Mac or similar computer connected to the Internet, equipped with an operating system (Windows, Mac OS, Linux or similar) and a web browser (Internet Explorer, Firefox, Chrome, Opera, Safari). Some Services and tools may require access to your email account, and use of the Services may require Adobe Flash Player version 9 or later and must support JavaScript unless otherwise noted.
When you use the Service, cookies are installed on your computer system. The rules of using cookies are defined in the PRIVACY POLICY.
If, together with the Service, the Service Provider provides the Advertiser with a photo referring to the subject matter of the Service, such photo shall be covered by copyright belonging to entities such as photo banks. In such a case, the Advertiser:
does not acquire any rights to a photo other than the right to use it for its own purposes, for the purposes for which the Service was ordered
is obliged to familiarize himself with the contents of the licence granted by the bank of photographs and to act in accordance with its instructions.
Unless the Service Provider indicates otherwise when submitting the photo, it means that the photo comes from the website operating at https://freepik.com and the license granted is a standard license. Before using the image, the Advertiser is obliged to familiarize himself with the content of the licence and other legal requirements indicated on https://www.freepik.com (or any other website indicated by the Service Provider), as well as to observe these requirements, under pain of liability for damages.
Within the meaning of these Regulations, a User of the Website may be an Advertiser who, after accepting the provisions of the Regulations, will implement the procedure of registration on the Website completed with the effective creation of an account.
The status of the Publisher and Influencer as Users of the Website is determined by the relevant regulations, i.e. the Publisher's Regulations, the INFLUENCER's Regulations. Services related to running virtual press offices by means of the Service are defined in the Regulations of the E-PR module.
The registration procedure consists in completing, in accordance with the instructions, an electronic registration form and acceptance of the relevant Regulations, as well as marking the consents (checkbox) in the matter indicated by the Service Provider. Together with acceptance of these Regulations by the Advertiser, an agreement between the Advertiser and the Service Provider concerning the rules of using the Website (its availability) is concluded.
As a result of registration on the Website, an Advertiser's account shall be assigned to him/her.
Advertiser violates the provisions of the Regulations, including the provisions of law to which the Regulations refer;
despite the acceptance of the offer for the Service, the Advertiser is late with payment for more than 14 days;
the data provided by an Advertiser is untrue or incomplete.
The account may be temporarily suspended, which will prevent the use of the Services, if the Advertiser, despite the acceptance of the offer of Services, is delayed with payment for more than 7 days.
Assignment of an Advertiser to a new account whose account has been closed requires the removal of the violations referred to in point 3.5. and the consent of the Service Provider, who is not obliged to grant it.
Unlocking the suspended account requires making a delayed payment with statutory interest for delay in commercial transactions and the consent of the Service Provider who is not obliged to grant it. The lack of consent to unblock shall mean the removal of the User's account.
Detailed rules of settlements for Services, including remuneration rates, shall be determined by the Service Provider within the Service, in sections adequate to the given Service.
Prices indicated on the Website may be subject to periodic changes, but for the purposes of settlements (agreements) binding are those that are in force at the time of placing an order for a Service by an Advertiser.
The Advertiser authorizes the Service Provider to use invoices in electronic form.
The Service Provider is exclusively entitled to receive remuneration, which in particular means that the Advertiser cannot make any payments for Services directly to the Publisher, Journalist or Influencer.
installation on the visitor’s device of the Service Provider's cookies for the purposes of personal data processing, including traffic analysis and website visit statistics, resulting from GDPR,
installation on the visitor’s device of the Service Provider's cookies,
An Advertiser is obliged to pay all payments which, under the law, are due to authors or organisations representing them.
Prices indicated in the Service are net prices and are subject to increase by VAT if applicable.
The Publisher's obligations related to the availability of the Portals' space and the publication of paid articles are defined in the Publishers Terms and Conditions.
Sponsored articles (hereinafter also referred to as "Paid Articles") are texts (including attached media) advertising the product, company or service of an Advertiser or other texts of informative nature.
If an Advertiser wishes to commission the preparation of a paid Article, then the rules of mediation by the Service Provider for this Service are specified in point 9 of the Terms and Conditions. Services may also include the preparation of an Article payable by the Publisher. In such a case, the rules of preparation of such material are specified in the provisions of these Rules and Regulations and the offer of the Publisher (however, in the event of inconsistency between the Rules and Regulations and the offer, the provisions of the offer shall apply), while the conditions of making the Portal space available and publication are specified in these Rules and Regulations of the Publisher. An Advertiser acknowledges that the publication of a paid Article prepared by a Publisher does not give the Advertiser any rights to the content or form of a paid Article.
An Advertiser must take into account the fact that a given Publisher may designate an article payable as a sponsored article or in any other equivalent manner.
When an Advertiser submits an article payable for publication, he shall specify whether it is unique content, i.e. content not previously published on the Internet or content previously published on the Internet. Such marking must be unambiguous and will be visible on the Website for both the Service Provider and potential Publishers.
Where an Advertiser transfers a paid article to the Service Provider, the Service Provider has the right, but not the obligation, to check whether such a paid article is unique. This verification may be carried out in particular on the basis of the CopyScape tool. Where a paid Article is not unique and the Advertiser has not indicated the non-uniqueness in the form when adding a paid Article, Service Provider may prevent the paid Article from being transferred to the Publisher.
The Service Provider is not obliged to verify whether the Paid Articles delivered (and the consequences of their subsequent publication) do not violate the law, both in terms of their content, admissibility of publication and ownership of rights to the content and other forms of communication used (photos, graphics, etc.). The Service Provider shall not be liable for any possible violations of law caused by Paid Articles.
Paid articles may contain active links to the Advertiser's websites. The number and type of links accepted for publication depend on the offer of the Publisher and such information is visible on the Website at the offers of Publishers.
The Advertiser is obliged to read the information provided by the Publishers concerning the rules of making available the space of the Portals and the publication of paid articles. Such information, visible on the Website pages, may specify in particular:
Technical and substantive requirements for published Paid Articles published on his pages;
Examples of the reasons why he may reject an offer to publish a paid article.
Placing an order by an Advertiser means acceptance of the conditions of making available the space of the Portal and the publication of paid articles offered by the Publisher and required by the Rules and Regulations, the conditions indicated in the Rules and Regulations of the Publishers, as well as the basis for the Service Provider to collect remuneration. Placing an order also means that the Advertiser authorizes the Publisher to publish the Article payable on his Portal in order to provide the Service.
The remuneration for the Service of making the Portal space available and publication of paid Articles shall determine the part of the Website appropriate for this Service. The remuneration is payable to the Service Provider on the basis of an invoice issued by the Service Provider, at the latest at the moment of placing an order by the Advertiser.
After collecting payments from an Advertiser, the Service Provider, using the functionality of the Website, orders for Advertisers to make available the space of the Portals in order to publish Articles payable by the Publisher, provided that the following conditions are met:
The content of a paid article is ready and available on the Website for viewing by the Publisher together with attachments, structure, arrangement of links - (this does not apply if the Publisher prepares the content of a paid article);
The content of a Paid Article is unique unless otherwise stated;
A paid article meets selected technical conditions specified by the Publisher;
A paid article meets the other requirements of these Terms and Conditions, including those described in Section 5.7;
The Advertiser has complied with all the requirements of the Terms and Conditions which are related to this Service.
The Service Provider shall inform the Issuer of the order no later than within 1 working day of receipt of the Advertiser's order.
The Advertiser acknowledges that making the space of the Portals available and publication of paid articles requires the prior approval of the Publisher, and the Publisher has the right to refuse to make the space of the Portals available and to publish a sponsored article without giving any reason. For the avoidance of doubt, any statements made by the Service Provider with respect to the publication of a paid article only concern the verification by the Service Provider as an intermediary (point 2.10 of the Terms and Conditions) of the potential possibility of publication, i.e. with respect to compliance of the activities and the paid article with the Terms and Conditions, and do not constitute any assurance made on behalf of the Publisher, nor do they guarantee the publication of a paid article by the Publisher.
The agreement concerning the provision of space on the Portal and the publication of a paid article shall be concluded at the moment of acceptance of the Advertiser's order by the Publisher, pursuant to clause 5.15, i.e. at the moment of downloading the article and marking the publication by the Publisher.
In connection with the provision of the Portal space and publication of a paid article through the automated functions of the Website, the Service Provider shall request the Publisher to mark in the Website system that the Portal space has been made available and that the agreed publication has been made. The "designation" in the above sense shall be understood as the fact that the Publisher provides the Internet address of the made available space of the Portal. The marking has the effect that it automatically notifies the Advertiser via e-mail about the publication of a paid Article. The Publisher is obliged to publish the article within 3 working days from the date of order acceptance (point 5.15). In special cases, this deadline may be different, but it is then clearly marked on the Website next to the portal and the publisher's offer.
After a paid article is published and marked on the Website, the Advertiser shall verify the availability of the space on the Website and the correctness of the publication, whereas the Service Provider shall have the right but not the obligation to do so; such verification shall consist in checking the compliance of the availability of the space on the Website and the publication of the paid article with the agreement concluded in this respect. The Advertiser must verify the fact of publication by the Publisher within 2 working days of the fact of publication by the Publisher being indicated on the Website. If, according to the offer of a Publisher accepted by an Advertiser, it is the Publisher who prepares a paid Article, the Advertiser shall accept its content within 2 working days of the transfer of the Article paid by the Publisher - in this respect the provision of point 9.12 of the Regulations shall apply accordingly.
If the Advertiser does not verify the publication of the article within 2 working days of the designation of the fact that the space of the Portal has been made available and that the Publisher has published the article, it shall be deemed that the paid article has been published correctly. Any subsequent changes to the publication made by an Advertiser may be treated as a form of an amendment to the contract for making the Portal space available and publication of a paid article, which takes place pursuant to point 7 of the Regulations (Modification of published articles), which means in particular that it may be related to additional costs of an Advertiser.
If the space of the Portal is not made available, if the Article paid for by the Publisher is published in a manner inconsistent with the agreement or if the publication is delayed, which has been notified in accordance with point 5.18 of the Terms and Conditions and with the exception of the case referred to in point 5.19, the Service Provider together with the Advertiser shall decide whether:
The Contractor shall make the space of the Portal available in accordance with the contract;
The Publisher improves the content of the publication - then the Service Provider and Advertiser specify the date and scope of the changes;
An Advertiser withdraws from the contract in whole or in part - then the remuneration paid by an Advertiser is refundable according to the scope of withdrawal.
In the event that, as a result of the inconsistency of the Service with the agreement, one of the circumstances referred to in clause 5.20 occurs, any claims on this account shall be directed by the Advertiser against the Publisher. Such claims may not, however, exceed the amount of remuneration agreed for a given publication.
Within the scope of the remuneration provided for in the agreement, the affiliate should make the space of the Portal available and maintain the publication of the Article payable for at least one year in an unchanged content, unless otherwise specified in the affiliate's offer or one of the circumstances specified in point 5.23 of the Rules and Regulations occurs. The provisions of Clause 5.21 shall apply accordingly, with the proviso that making the Portal available and maintaining the publication for a period longer than the agreed period shall not be considered a breach of contract. Any declaration or declaration of the Publisher on maintaining the publication for a period longer than 1 (one) year shall be treated as non-binding and shall not constitute grounds for any claims against the Service Provider.
The period of making the space of the Portal available and publication of the paid Article may be shortened, without the right to make any claims against the Service Provider or the Publisher, including claims for reimbursement of remuneration or compensation, if any:
The Publisher has suspended or terminated the Portal;
the publication has been removed because it violated legal regulations or there was a justified suspicion that it violated legal regulations;
the publication was removed because it violated the rights of third parties or there was a reasonable suspicion that it violated the rights of third parties;
the publication has been removed at the request of the Advertiser pursuant to clause 5.24;
An Advertiser acts knowingly to the disadvantage of the Publisher, e.g. by unnatural linking of an article;
An Advertiser has violated the provisions of the Regulations, which refer to his obligations after the date of publication;
it is a consequence of force majeure.
At the request of an Advertiser, the Service Provider may request the Publisher to remove the paid Article earlier. If such a request is made, Service Provider, with due and professional diligence, is obliged to make efforts to ensure that the Publisher removes the Article payable within 3 working days of receipt of such information. If the Removal of a Paid Article is done in this manner, the Advertiser shall not be entitled to claim any part of the remuneration.
The affiliate has the right to change the URL address of the available space of the Portal and the paid Article during the publication period referred to in clause 5.22. If the address or domain is changed, this must be done with redirection 301. Such a change shall not be considered a violation of the rules of making the available space of the Portal and publication of the paid Article.
In the event that the affiliate has received a manual filter "Unnatural links from your website" or an analogous filter (from Google) concerning the website on which the publication took place, the affiliate may change the attribute of the links in the article to nofollow. Such action will not be considered a breach of the contract concluded with respect to the publication.
In the event that, pursuant to the Regulations, there is a basis for reimbursement of remuneration to an Advertiser (in whole or in part) and the Service Provider does not receive adequate reimbursement of remuneration paid to the Publisher within 10 working days from the date of the basis for such reimbursement (in whole or in part - as appropriate), the Service Provider shall withhold reimbursement of remuneration in this part to the Advertiser and the Advertiser shall have the right to claim reimbursement of costs of making the Portal space available and publication of the article, but only directly from the Publisher in the part which constituted the remuneration to the Publisher. To this end, the Service Provider is obliged to take all measures to exercise this right by the Advertiser, including assigning all rights under this right and providing the address and contact details of the Publisher.
The Advertiser undertakes not to contact the Publisher with the omission of the Service Provider regarding the availability of the space of the Portal and the Paid Articles to be or have been published on the Website. This does not apply to cases explicitly allowed by the Regulations, including those based on points. 5.27.
In special situations, the Service Provider reserves the right to additional fees for non-standard activities, even if they are not provided for in the Website or in the agreement concerning making the Portal's space available and publication, if they result from the fault of an Advertiser or are carried out at the request of an Advertiser.
Not available on the Spanish market
An Advertiser may order changes to articles published by the Website through the Website, i.e. articles of paid and expert guest articles.
Changes to published articles are introduced by the Publishers, but taking into account the arrangements made with the Advertiser.
Communication concerning changes in published articles shall take place exclusively through the Website. An Advertiser undertakes not to contact the Publisher directly regarding articles published on the Website.
The service of changing the content of published articles (paid and expert) is payable, the cost of this service depends on the scope of changes and the cost specified by the Publisher. Within the framework of the relevant provisions of the Service, the given amounts are only indicative, refer to typical, simple activities, so binding determination of the amount of remuneration at this stage is not possible due to the variety of changes that may be introduced. For this reason, the provisions of the Service in this part do not constitute an offer within the meaning of the provisions of the Civil Code, and the conclusion of an agreement on the introduction of changes, including the determination of remuneration, is made, taking into account point 7.5, in accordance with the Civil Code.
In accordance with the content of clause 7.4, within the framework of determining the remuneration, in the first place the reference point is the amount of remuneration indicated in the Service. The Website within its functionalities may, however, change the cost of introducing changes to the published article depending on the type of changes proposed by an Advertiser and the Publisher's expectations. Within the functionality of the Website, an Advertiser, within 2 working days of determining the new price, is obliged to approve or reject the offer. Failure to approve the price within this period means rejection of the offer and failure to conclude the contract.
At any stage of negotiations the Publisher may refuse to introduce changes to the published article. In such a case, the Advertiser may use the rights referred to in clauses 5.24 (for Paid Articles) and 6.23 (for Expert Articles).
The scope of changes to an article may not concern its subject matter or changes greater than 50% of its content (counted in characters). Changes that do not meet these requirements shall mean the Advertiser's offer of a new Article of a paid guest article or a new expert guest article.
If the agreement comes into force, the affiliate shall be obliged to publish the changes to the content of the article to the merchant within 3 working days.
In connection with the publication of an article, the Service Provider shall request the Publisher to indicate to the Advertiser within 24 hours of the changes in the publication of the changes in the system of the Website that such a change in the publication has occurred. The designation has the effect that it automatically notifies the Advertiser via e-mail about the publication of the change.
After making changes to the article and marking this fact on the Website, the Advertiser verifies the correctness of the introduction of changes to the publication, while the Service Provider has the right, but not the obligation; the verification consists in checking the compliance of the change with the contract concluded in this respect. Verification by the Advertiser must take place within 2 working days from the date of marking the fact of making changes by the Publisher at the latest.
If the Advertiser does not verify the changes to the publication of the article within 2 working days from its publication, it shall be deemed that the changes to the article have been published correctly. Any later changes made by the Advertiser mean that a new modification procedure must be carried out under point 7.
The introduction of changes to a published article does not create an obligation for the Publisher to maintain it on the website for a longer period than originally agreed, unless otherwise agreed in a given case. In order for such a change of the publication period to be possible, an Advertiser's proposal in this respect should be included in the guidelines for changes to the article prepared by an Advertiser and it will be an element of negotiations conducted in accordance with point 7.4 of the Regulations.
In matters not regulated by this point, the provisions of points 5 and 6 shall apply accordingly, and adequately to the circumstances, unless they are contrary to point 7.4 of the Regulations.
Selected Publishers and their Portals allow the generation of statistics using the tracking code developed by the Service Provider. Access to these statistics is free of charge.
Advertisers using the Website may also order statistics on the popularity of published articles generated by the Publishers themselves, i.e. without the participation of the tracking code developed by the Service Provider. Further provisions of point 8 apply to the statistics referred to in this point 8.2.
Selected Publishers may indicate that they do not make the statistics available at all. Then, Advertisers are not able to order statistics from them (even for a fee). In such a case, the provisions of the Regulations relating to statistics do not apply to such Publishers.
Information about the Publisher who currently provides statistics and the scope of statistics is among the information referred to in point 2.11 of the Rules and Regulations. Access to statistics is not dependent on the Service Provider, therefore the Service Provider cannot guarantee the permanence of this access, so the loss of such access is not a basis for any claims.
Statistics should contain at least information about the number of page views of an article or the number of unique users who have entered a subpage with an article.
The conclusion of an agreement concerning the statistics made available by the Publisher on the basis of point 8.2. shall take place at the moment of placing an order by the Advertiser, the admissibility, scope and payment of which are specified in the provisions of this point of the Regulations.
Pursuant to the provisions of the Rules and Regulations of the Publishers, if the Publisher indicates that he cannot place the Service Provider's tracking codes referred to in point 8.1 or places them incorrectly next to an article, then the Advertiser may order from the Publisher a single free access to the statistics (once for an article), if the statistics are available from the Publisher at all (point 8.3).
The provision of paragraph 8.7 shall not apply if, in accordance with the Publisher's declaration, the Advertiser could have included in the article the tracking code developed by the Service Provider (paragraph 8.1), but the Advertiser has not made use of this possibility. In such a case, an Advertiser, each time placing an order, must pay remuneration for the statistics obtained from the Publisher, provided that the Publisher makes the statistics available (point 8.3).
Access to the statistics of one article generated by the Publishers, except for the cases expressly indicated in the Regulations, is payable and accounted for at the current rates indicated in the relevant part of the Website. These rates may be subject to temporary changes in accordance with the rules described in point 4 of the Regulations.
Pursuant to the provisions of the Rules and Regulations of the Publisher and subject to point 8.3, the Publisher should make the statistics available to the Advertiser within 2 working days from the moment of ordering them by the Advertiser, provided that the order was placed in accordance with the provisions of the Rules and Regulations.
The Publisher makes a file with statistics available through the Website (an appropriate button is available on the list of published articles). The Advertiser also receives them by e-mail.
Pursuant to the provisions of the Publisher's Regulations, the statistics made available by the Publishers should be delivered on time, in the form of a PDF or graphic file (JPG), should be reliable, refer to the indicated article and, if possible, take into account special requests of Advertisers. In case of violation of this provision, the Publisher shall be answerable directly to the Advertiser.
The Publisher is not obliged to comply with special requests of Advertisers, i.e. other than those resulting directly from the provisions of the Regulations.
Advertisers undertake not to contact directly (outside the Website) with Publishers in matters concerning statistics.
Under the Service consisting in the publication of articles (paid or expert), an Advertiser may transfer the articles he has at his disposal or order their preparation through the intermediary of the Service Provider, who will then cause their publication in accordance with the rules described in point 5.
or 6 of the Rules of Procedure. An Advertiser may also order through the Service Provider the preparation of an article or infographics for purposes other than publication.
In case of ordering the preparation of an article or infographics (hereinafter referred to as "Content") by the Advertiser:
The Advertiser shall specify the type of ordered Content and shall provide any additional information and comments.
An Advertiser shall bear the cost of remuneration for the preparation of Content in accordance with the current price list available on the Website under this Service.
An Advertiser may order the preparation of Content being articles within one of the packages described on the Website. The deadline for the provision of such a Service, depending on the ordered package, shall be determined by the Website.
An Advertiser may also order the development of Content that is infographics on the basis of data provided by him or order the development of data and infographics that relate to these data within one of the packages described on the Website. The date of performance of such a Service, depending on the ordered package, is determined by the Service.
An Advertiser assures that the data and other elements provided under the order will be in accordance with the provisions of law, both in terms of its content, admissibility of publication and that it will have rights to the content and other forms of communication used (photos, graphics, etc.).
The Service Provider is not obliged to verify whether the data or other elements provided by the Advertiser do not violate the law, both in terms of their content, admissibility of publication and possession of rights to them.
After placing an order by the Advertiser, the Service Provider shall place an order with the Journalist no later than within 1 working day.
The price of a Service consisting in the preparation of Content shall be determined by the section of the Website appropriate for this Service. The Service may additionally specify additional services provided by the Service Provider without charging separate remuneration, which may be periodically associated with a given order, which in particular refers to such elements as stock photographs.
Placing an order by an Advertiser means acceptance of the conditions for the preparation of Content, which are provided for in the Regulations, and is also the basis for the remuneration to be collected by the Service Provider.
The agreement concerning the preparation of Content shall be deemed concluded at the moment of obtaining the acceptance of the Advertiser's order by the Journalist, about which the Advertiser is notified through the functionalities of the Website. The Journalist is not obliged to accept the order.
The Journalist shall prepare the Content within the deadline specified in the Website (points 9.3, 9.4). In the event of a difficult subject matter or a large number of orders, the Service completion date may be extended, of which the Website shall notify the Advertiser immediately, indicating at the same time the extension date, which, however, may not be longer than the next 3 working days.
After preparing the Content, the Website makes it available to an Advertiser and the Advertiser has the right to submit comments or accept them. If the Advertiser does not verify the Content within 3 working days of receiving it, it shall be deemed that the Content has been prepared in accordance with the order. Any later changes requested by an Advertiser may be treated as a form of an amendment to the agreement on the preparation of Content and require acceptance, which in particular means that it may be associated with additional costs of the Advertiser.
In the event of preparing the Content in a manner inconsistent with the agreement or not on time, which has been notified in accordance with point 9.12 of the Regulations, and except for the case referred to in the last sentence of point 9.12, the Service Provider together with the Advertiser shall decide whether:
The journalist shall correct the Content - then the Service Provider and the Advertiser shall specify a deadline, but not shorter than 2 working days, and the scope of introduction of changes. If the Journalist refuses to take into account the amendments, to which he has the right, then the right of withdrawal referred to in point b) below shall apply;
An Advertiser withdraws from the contract in whole or in part (then the remuneration paid by an Advertiser is refundable adequately to the scope of withdrawal).
An Advertiser has no right to impose guidelines on the length and type of content over and above those that were standardly specified for a given type of Content in the offer of the Website at the time of order. These circumstances cannot also constitute the basis for the complaint referred to in point 9.13.
In the event that, as a result of inconsistency of the Service with the agreement, one of the circumstances referred to in clause 9.13 occurs, claims on this account may not exceed the amount of remuneration agreed for the preparation of the Content.
In special situations, the Service Provider reserves the right to additional fees for non-standard activities, even if they are not provided for in the Website or in the agreement concerning the preparation of Content, if they result from the fault of the Advertiser or are carried out at the request of the Advertiser.
Upon acceptance of the Content, as part of the remuneration charged for the preparation of the Content, the Service Provider grants the Advertiser an unlimited license for the time and territory of the Content for the following fields of use:
recording and multiplying with any technique, including printing, reprographic, digital, magnetic, optical and electronic media, including recording and reproducing in the form of an electronic book (e-book) and a spoken book (audiobook), in an unlimited number of copies, editions and reprints, both independently and in combination with other works or materials which do not meet the characteristics of a work;
market and distribute copies or other media in all distribution channels without quantitative, subjective and territorial restrictions, or by the public, in all available distribution channels, in particular through retail, kiosk, mail order, retail chains, retail chains, book clubs, cross-selling, direct marketing, mail order, door to door, press inserts, via the Internet and business to business sales (supply on request), as well as through free distribution;
the lending, leasing or rental of copies;
storing in computer memory and computer memory; making available to the public via information and communication networks, in particular in the form of an electronic book and a spoken book, and in such a way that everyone can access it at a place and time chosen by them;
transmitting and reemitting via a wired or wireless vision or satellite;
public performance, exhibition, display and reproduction;
use in any form of advertising;
Upon granting the license, the Service Provider consents to the use of derivative works of the Content and to their disposal within the scope of the fields of exploitation referred to in clause 9.17.
The Service Provider further declares that it has obtained an assurance from the Content Creator that at the time of the transfer of copyright the Creator will not exercise his personal rights, in particular, the Creator has granted permission to use the Content without indicating authorship.
In case of infringement of copyrights granted to an Advertiser, the Service Provider shall be liable up to the maximum amount equal to the remuneration charged for the preparation of the Content.
Not available on the Spanish market.
The Advertiser agrees to the processing of personal data by the Service Provider, given in the process of registration or use of the Website.
The administrator of personal data is the Service Provider who processes personal data in accordance with the provisions of law, including in particular the provisions of the GDPR act.
Service Provider processes personal data to the extent necessary to establish, shape the content of the contract, change, dissolution and proper implementation of services provided electronically.
Each User, if he or she is a natural person, has the right to inspect his or her data, as well as the right to correct them and demand their removal. In order to do so, the Service Provider should be requested to do so - by mail to the Service Provider's mailing address with the note "Personal Data" or by e-mail to office@whitepress.com.es.
Personal data of Users may be transferred to entities authorized to receive them, including competent judicial authorities, under applicable law, as well as to third parties performing activities on behalf of the Service Provider as part of the provision of Services covered by these regulations.
In connection with the provision of the Services described in these Terms and Conditions, the Service Provider transfers, on the basis of data processing entrustment, personal data provided by the User to other entities involved in the provision of the Services, including Publishers, Journalists, Influencers.
Additionally, the Service Provider is entitled to transfer personal data to its business partners for the purposes referred to in point 12.9 of the Terms and Conditions.
Entrusting the processing of personal data by the Service Provider takes place in order to enable the processing of orders, issuing invoices, execution of contracts, etc., for the time necessary to achieve this purpose.
The Service Provider is also entitled to process personal data for other legally justified purposes carried out by the Service Provider and the Service Provider's partners, including for the purposes of direct marketing of its own products or services or direct marketing of the products or services of the Service Provider's partners.
In order to control the correctness of personal data processing by the Advertiser, the Service Provider is entitled to verify the correctness of personal data processing at any time. In connection with the exercise of the right referred to above, the Service Provider is entitled to demand that appropriate actions be taken in the manner indicated by him. The Advertiser is obliged to take the actions described in the request within the time limit specified therein, and if no time limit is specified in the request, within no more than 3 days from the date of submission of the request.
If, in connection with the provision of Services, the Advertiser provides the Service Provider with personal data relating to persons outside its structure, of which it is the administrator, such as the customer, Internet users, then the Service Provider will be able to process them as part of entrusting the processing of data referred to in GDPR.
The Advertiser also agrees:
sending commercial information concerning direct marketing of services or goods offered by the Service Provider or its business partners, including newsletters, addressed to a designated recipient by means of electronic communication, in particular, e-mail with the use of data obtained by the Service Provider in the process of registration or use of the Website,
using automated calling systems for the above purposes
Detailed rules related to the processing of personal data, use of cookies, transfer of commercial information are set forth in the PRIVACY POLICY.
The Service Provider shall be liable to the Advertiser for the lack of due diligence related to the performance of Services as an intermediary, regardless of whether the Service Provider acts as a direct or indirect substitute.
Except where it is expressly stated that the Service Provider is directly responsible to the Advertiser, responsibility for the effect of individual Services lies with the Publisher, Journalist and Influencer. If such an effect requires the transfer of any claims against the Publisher, Journalist or Influencer to the Advertiser, the Service Provider is obliged to assign its rights immediately.
The Service Provider endeavours to ensure that the Service provided is always available at all times and at all times, but does not guarantee and is not responsible for its full availability and, while respecting the rights acquired under the Service agreements concluded, reserves the right to change, withdraw, suspend or discontinue any function or feature of the Service at any time and to any extent. Service Provider informs that any change, withdrawal, suspension or discontinuance of any feature or feature of the Service is not subject to prior notice.
The foregoing shall apply mutatis mutandis to changes in prices set by the Service.
The Service Provider shall not be liable for damages caused by improper use of the Service, in particular by the User or other Users using the Service contrary to the provisions of these Terms and Conditions.
The Service Provider shall not be liable for non-performance or improper performance of the concluded agreement within the scope of the Service or problems in using the Service or the Service if they occurred as a result of events which the Service Provider was not able to predict with due diligence, or which it could not prevent, as well as due to random events ("force majeure").
In any case, the liability of the Service Provider does not include liability for lost profits by the Advertiser and cannot exceed the amount indicated in the relevant parts of the Regulations, and if within a given service such a threshold has not been determined, the liability of the Service Provider is limited to a maximum amount of EUR 800.
The limitations of liability referred to in clause 13.7 shall not apply if the damage is caused by the Service Provider intentionally.
The Service Provider shall not be liable for the content, substantive value and conformity with reality of articles prepared by Advertisers.
The Service Provider is not responsible for the effectiveness of Services, which in particular means that the Service Provider in no way guarantees the effects of Services in the form of increased revenues for the Advertiser.
In the event that Service Provider publishes certain indications, advice, opinions (Knowledge Base) within the Service functionality, then:
The advertiser is not obliged to comply with such messages;
if the Advertiser complies with such messages, the Advertiser does it on his own responsibility, so the Service Provider is not responsible for the consequences of such applications.
An Advertiser is responsible for any violations of the Terms and Conditions and agreements concluded on the basis of the Terms and Conditions
In the event that the implementation of a given contract requires the transmission by the Advertiser of any information, content, other forms of communication (photos, graphics, etc.), the Advertiser assures that in the above scope:
will possess copyrights and related rights or licenses to these materials to the extent necessary;
their use for the purposes of contract performance will not violate the copyrights of any person;
possesses all permissions to disseminate the image of the persons indicated in the materials;
their use does not violate any industrial property rights of a third party, and in particular, does not violate any protection rights for trademarks or reputable trademarks;
their publication shall not constitute an act of unfair competition;
their publication does not violate the law, good manners, rules of social coexistence or justified interests of third parties.
When ordering any of the Services, the Advertiser is obliged to ensure that such activities do not infringe the law for reasons other than those specified above. In particular, it concerns ensuring compliance of advertising or promotion with legal regulations, including advertising (public and non-public) of such products as pharmaceuticals, tobacco, alcohol as well as services such as gambling.
If, in connection with the performance by the Service Provider of obligations resulting from the concluded agreements, as a result of false or incomplete statements of the Advertiser or in connection with violation of law by the Advertiser, any civil, enforcement, penal or administrative proceedings are instituted against the Service Provider, or any claims are reported against the Service Provider on this account, the Advertiser undertakes to provide the Service Provider at its own expense and to the extent possible with the assistance necessary to dismiss the claims or charges against the Service Provider. In addition, in the above case, the Advertiser undertakes to repair the damage suffered by the Service Provider in connection with the proceedings instituted against the Service Provider or in connection with claims or allegations against the service provider, i.e. to satisfy justified claims raised by third parties (provided that they are awarded by a competent court with a final and binding judgment), to reimburse the equivalent of any penalties or fines actually paid by the Service Provider, documented penalties or fines imposed on the Service Provider and to cover the costs incurred by the Service Provider of the necessary, actually spent legal aid
The Service Provider is not the author of articles or Content that are Services and therefore the Service Provider may ensure that it has acquired rights to them on the basis of legal transactions by accepting in good faith the conformity of the statements of the entities from which it acquired rights in this respect with the actual state of affairs. However, in the event that such statements or assurances of a party contract concluded with the Service Provider will not be consistent with the actual state of affairs, as a result of which the Advertiser will not acquire the rights provided for in the Regulations, then the Service Provider, as an intermediary in the performance of individual actions provided for in the Regulations, cannot be held liable for this, including for damage to the Advertiser, provided that it undertakes all actions under which the Advertiser will take over any possible claims of the Service Provider to persons responsible for such state of affairs.
The Website may contain references to content published on other websites. This does not mean that the Service Provider or the authors of the content posted on the Website take a position on the content of such websites or are responsible for them.
An Advertiser may not act to the detriment of the Publisher or Influencer, including placing unnatural links to published articles (or other entries in social media), mixing under articles with unnatural comments, directing to articles with unnatural movement. If such actions are found, the Advertiser authorizes the Service Provider to cause the Publisher or Influencer to delete the published article or entry in social media, without the right for the Advertiser to claim any claims, including for the remuneration paid.
The Advertiser hereby consents to the transfer by the Service Provider of rights or obligations under the Terms and Conditions or a contract concluded in performance of the Terms and Conditions.
The provisions of this item shall apply in accordance with the earlier provisions of the Terms and Conditions, which in particular means that if the Terms and Conditions indicate a specific deadline for the submission of application by the Publisher, the Publisher is bound by such deadline, not the term described in the following paragraphs.
Complaints about the Service should be reported via email to the following address: office@whitepress.com.es.
The complaint should contain at least: the date and time of the event being the subject of the complaint, the e-mail address of the complainant and a brief description of the reported objections.
Complaints will be considered within 14 days after receipt, in the order of the date of receipt. If it is impossible to keep the above-mentioned date, the Service Provider informs the person submitting the complaint about it, stating the reason for the extension of the deadline as well as the expected time of reply.
The person submitting the complaint will be informed about the method of processing the complaint by e-mail to the e-mail address provided in the complaint.
In matters not regulated, the generally applicable provisions of law shall apply.
Any disputes between the Advertiser and the Service Provider shall be settled amicably, and in case of disagreement, shall be referred to the court of local jurisdiction of the Service Provider.
The Regulations may be subject to periodic changes, of which the Advertiser will be informed. If an Advertiser, who has an account on the Website, does not accept the changes introduced, then by the effective date of the changes has the right to make a statement on the liquidation of that account and termination of cooperation, which requires maintaining a written form or e-mail sent to the following contact addresses: office@whitepress.com.es.
The Advertiser declares that he has read these Regulations, the attachments to the Regulations, including the Regulations to which references have been made, as well as the Service Provider's Privacy Policy.
Terms and Conditions come into force as of 01.01.2018