Terms and Conditions
LIFEBITES
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the platform operated by LifeBites SPA (“we”, “us” or “LifeBites”) or any of its affiliates. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. Therefore, by accessing or using the Service, you agree to be bound by these Terms. We reserve the right to modify and change the Terms and Conditions, as well as restrict access to part or all of the platform or cancel one or all services. We will always notify you of such changes by means of a notice on our website, through the app or via email. By continuing to access or use our Service after such revisions become effective, you agree to be bound by the modified terms. If you do not agree to the new terms, please stop using the Service.
FIRST: DESCRIPTION OF THE SERVICES
LifeBites SPA is a company that provides an affordable platform through an application for mobile devices or "App", web page and/or an Over The Top (OTT) system, in which previously subscribed users can upload photos and videos captured with mobile devices (the "Material"). Once the Material is uploaded, LifeBites locates and orders it according to the particular location and time metadata that the device automatically incorporates or fixes at the time of capture in each photograph / video (EXIF Data) so that it can be viewed publicly or privately on the platform, as defined by the user (the "Services").
LifeBites groups Material through "Hubs" or specific geo-temporal spaces that have different characteristics and access levels depending on the type of configuration given to them by their creator or "Hub Owner" (be it LifeBites, a Company or a user). and whose cost of storage space or digital weight for the Material that is housed in them will vary depending on the case.
Through the platform's search engine, the User can use various parameters to locate Hubs such as geographic coordinates, time ranges, people in their contact list and/or level of access (public or private) (criteria that can be together, independently or added as the case may be). Likewise, the User can detect the existence of Hubs that are available around them by having the App open and the geolocation of their mobile devices activated. When searching for a Hub in a certain place, the Company Hubs will be displayed first.
LifeBites uses storage space from third-party providers both to operate its system and to offer the service of storing Material within the platform. By accepting these Terms and Conditions, the User also agrees to comply with the Terms and Conditions of these third parties that can be found at the following link ( https://cloud.google.com/terms ). LifeBites takes all the necessary technical and security measures to guarantee the proper functioning of the platform but is not responsible for potential attacks that could affect the storage service provided by said third parties.
SECOND: WAYS OF SHARING MATERIAL AND TYPES OF HUBS
1.- “Public Hub” or “Public Hub”: Open or delimited geographic space created on the platform by LifeBites that is generally freely accessible to the public (squares, streets, points of interest) and that may or may not include a time range specific. In it, any User can upload or link Material as long as it meets the required metadata (coinciding with the Hub). The Material uploaded to the Public Hubs are publicly accessible, which means that any other user within LifeBites will be able to access it, view it without restrictions and, if desired, share it on other social platforms through a "post with a link to access LifeBites ” (not exporting the Material).
In turn, the User who provides the Material (“User author”) assigns LifeBites the patrimonial rights over it, as indicated in the sixth clause regarding intellectual property. Among other faculties, the foregoing implies that once the Material is uploaded to the platform, LifeBites is the one who decides whether to maintain, hide or eliminate the Material from it, being the same withdrawn in exceptional cases reported under the Reporting System. Notwithstanding the foregoing, LifeBites grants an authorization to the User autor to remove the Material from the Public Hub whenever he so wishes, being removed from the platform and not being affordable. publicly.
As a general rule, in the Public Hubs the Material will be shown as anonymous at the time of being viewed to the generality of the Users, with the exception of those who are part of their contact list in the App, who will be able to see their authorship. The author User can expressly indicate that they want their authorship rights to be recognized by sending an email to autor@lifebites.cl or through the “Contact” section in the App and/or LifeBites may ask the user if they want it to be revealed. said authorship.
The cost for the storage space or digital weight of the Material linked or uploaded or uploaded in the Public Hubs, will be borne by LifeBites and will not be borne by the User in their storage fee. LifeBites may establish daily or quantitative quotas per user for uploading Material to a Public Hub, which will be notified in the App.
2. “Company Hub” or “Company Hub”: Geographical and/or temporary space created on the platform by legally constituted legal entities that have a company account (the “Company”). In this case, the Hub Owner Company can make the access public or restricted (private mode). In the first case, any User may link or upload Material as long as it has the required metadata and that it corresponds to that of the Hub. In turn, the Material will be viewable by any LifeBites user who may freely share it on other social platforms through a "post with access link to LifeBites", and not by exporting the Material.
In the second case, the Hub owner can select a specific geographical space for a certain amount of time giving access through an access code, QR code in person at the event venue or limiting entry to a specific list of people or "VIP attendees". ”. It is also possible for the Hub owner to configure a "Trip" in which a certain group of people (VIP attendees) can share the Material during a certain time range.
As a general rule, in case of restricted access, authorized author Users may link or upload the Material in the Company Hub as long as the corresponding metadata is valid, and in the case of the Trip, it is obtained within the established time range. In the event that the Hub owner has limited access to a list of specific people, only those who have validated their attendance at the event (Hub) through a "checkpoint" (activate the App at the event location through geolocation) or through uploading Material from your mobile devices that contains the corresponding metadata to the Hub, you will be able to see the Material of other users linked to the Hub. VIP assistant Users may not export Material to which they have access within the Company Hub outside of LifeBites or share Material that is not their own with other LifeBites Users who are not VIP assistants.
In turn, the author User grants LifeBites and the Hub owner company a license on the Material uploaded to the platform in the terms indicated in the seventh clause regarding intellectual property. Among other powers, the foregoing implies that once the Material is uploaded to the Company Hub, the Hub owner has the power to decide whether to maintain, hide or delete the Material from the Company Hub, with the exception of removing the content in exceptional cases reported under the Reporting System. Likewise, the author User can withdraw the Material uploaded to the Company Hub at any time. In the event that the Hub Owner Company wants to publish or make use of the Material in any promotional way, it must have the explicit authorization of the user, communication that must occur within the App since LifeBites will never provide contact information for its users. .
As a general rule, the Material uploaded by an author User in the Company Hubs will be shown as anonymous when it is viewed by the generality of the Users, with the exception of those who are part of their contact list in the App, who will be able to see their authorship. The foregoing, unless the User expressly indicates that he wants his copyright to be recognized or the Material to be shown as Anonymous to his contact list by means of an email sent to autor@lifebites.cl or through the “Contact” section in the App.
In the case of the Company Hub, the storage space or digital weight of the linked or uploaded Material will be paid for by the Company and will not be borne by the User in their storage fee.
When uploading or linking Material in the Company Hub, LifeBites analyzes the metadata and metrics associated with the content and its views to share it with the Company Hub owner so that it can have a better understanding of how the event operates and its type of audience. . Said data and metrics are completely anonymous and under no reason or circumstance will they be linked with metrics, data, activities generated by the User outside the Company Hub.
3. “User Hub” or “User Hub”: Geo-temporal space created on the platform by Users with a personal account. In it, the Hub owner must choose the size of the perimeter and the number of attendees to the event, which determines the price to pay according to what is published on the website (the number of people attending the event determines the size and geo-fence or perimeter in geographic space). To select the physical space where the Hub will be created, the User must be physically in the place of the event, which will be validated through the geolocation of their mobile device. Once the space has been defined, you can select the day of the event and its temporary duration, this being a maximum of 24 hours. There may not be two User Hubs in the same place and time (overlapping). When creating a User Hub, the Hub Owner has the exclusive right to define those space-time coordinates.
The Hub owner will be able to define whether access to the event is "Open", "Friends" or "Vip", which will determine who can upload and view content. In any case, the metadata of the Material to be uploaded must always comply with the particular characteristics of that Hub.
An “Open” User Hub means that anyone with a LifeBites account, regardless of whether they are part of the Hub owner's contact list, will be able to upload Material to it. A “Friends User Hub” means that only contacts of the Hub owner will be able to upload Material. A "VIP User Hub" implies that only the users that the Hub Owner determines within his contact list will be able to upload-link or view material in it. Users of the User Hub in any of their modalities, they will not be able to share the Material that was not their authorship outside or within LifeBites.
To access the Hub, Users must make a "checkpoint" while in the event location by indicating it on the "Hub's Page", or upload at least one photo or video whose metadata corresponds to the coordinates of its configuration. _cc781905 -5cde-3194-bb3b-136bad5cf58d_
By uploading Material to the User Hub, the author User grants LifeBites a license over it in the terms indicated in the seventh clause regarding intellectual property. Among other powers, the foregoing implies that once the Material is uploaded to the User Hub, the Hub owner has the power to decide whether to maintain, hide or delete the Material from the User Hub with the exception of removing the content in exceptional cases reported under the Reporting System. Likewise, the author User can withdraw the Material uploaded to the User Hub at any time.
As a general rule, the authorship of the uploaded Material will be displayed in the User Hub. The foregoing, unless the author User expressly indicates that he wishes to remain anonymous by sending an email to autor@lifebites.cl or through the “Contact” section in the App.
In the case of the User Hub, the Material is stored in the account of the author User and therefore, the storage space or digital weight of the same is at their own expense. If the User who is the author of the content shares Material with other Users, the storage continues to be their responsibility.
4. Sharing directly between Users: In this case, the Material produced by the User or of public access is shared directly to the people selected by him/her in his/her contact list through the platform or a link. If the shared Material is your own, it will be visible to the Users with whom you are sharing. The User can decide and see who has access to the Material as well as revoke access at any time.
In this case, the Material is stored in the author User's account and therefore, the storage space or digital weight of the same is at their own expense. If the User who is the author of the content shares Material with other Users, the storage continues to be at his/her own expense. The users who receive the Material will be able to view it as long as they have access to it, but they will not be able to share it or export it outside or within LifeBites if it is not their own.
THIRD: USER ACCOUNTS
LifeBites users (“Users”) are those natural or legal persons who have registered to create an account. In case of being a natural person, to obtain an account the User must be at least 16 years old. In the case of a legal entity, it must be legally constituted and LifeBites assumes that whoever creates the account has sufficient power of representation to exercise all the acts that are necessary in the use of the platform.
Each type of account has a specific storage quota or digital weight to host Material. The detail of space and cost can be seen at the following www.lifebites.cl.
The registration of the account requires the communication to LifeBites of certain personal data by the User, such as his name, date of birth, email and telephone number. By registering as a User and using the Services, you acknowledge and agree to the processing of your personal data in accordance with applicable law. Such information will be subject to the LifeBites Affordable Privacy Policy on both the Website and the Application. The User declares and guarantees that the information in his account is true, exact and complete.
The User is responsible for all activity that occurs in his account and agrees to keep the username and password of his account secure and secret at all times. Only one account per User is allowed. It is the User's responsibility to notify LifeBites immediately upon becoming aware of any breach of security or unauthorized use of their account. You may not use as a username the name of another person or entity that is not legally available for use, a name or trademark that is subject to the rights of a third party without proper authorization, or a name that is otherwise way is offensive, vulgar or obscene. The user is expected to use his real or legal name so that he will be recognized in that way by his contact list.
The User accepts and understands that LifeBites reserves the right to unsubscribe, close or eliminate any user account, either for having violated these Terms and Conditions or for any other activity, which in the opinion of LifeBites constitutes a sufficient reason for it.
Likewise, by creating an Account, the User accepts that LifeBites may send them informative or promotional emails. The User may request not to receive informative emails from LifeBites at any time, requesting to unsubscribe from the email sending platform.
FOURTH: MATERIAL PROVIDED BY USER
Only photographs or videos that have been created and captured from the camera of the User's mobile device may be uploaded. It is not possible to upload images that, even though they are in the device's memory and have the corresponding metadata, are adulterated or designed, such as memes, banners or imagotypes, among others. The User undertakes to respect the functioning of the system and especially not to circumvent it by including necessary metadata in content that is false, adulterated or distorted.
When uploading the photographic material on the platform, it will maintain its original resolution, and if it is not in JPG format, it will make a version of it for a mere technical purpose, always maintaining the backup of the uploaded material in its original codec and resolution. The same will happen with the audiovisual material, which will keep its original codec and resolution, and will make a copy with H.264 codec and maintaining the resolution. The quality of the images displayed by LifeBites will depend on the device that captured the photograph or video uploaded to the platform, as well as the device used to enter LifeBites, and depending on this, the Company will adapt the quality or size of the Material. seeking to deliver the best viewing quality and experience possible. LifeBites seeks to publish images of high quality and that are compatible with both Apple and Android systems and offer a fast viewing experience, so you can modify and create copies of the Material in different sizes, formats, resolutions and codecs for reasons of user experience and technical strategies.
User agrees not to provide Material that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive. Likewise, the User undertakes to only upload content of their authorship or for which they have the proper legal authorizations and that has been originally captured by a mobile device without the Material being adulterated or post-produced in any way. LifeBites has a reporting system to report Material that contains illegal or inappropriate content. However, LifeBites cannot and should not control all Posted Material, so LifeBites cannot be held responsible for it. The User undertakes to keep LifeBites harmless in the event that the User uploads and shares photographs that may violate the image, privacy or honor of other people, constitute or cooperate in any type of criminal activity or violate property rights. third party intellectual.
FIFTH: REPORTING SYSTEM
If a User or third party who feels their right to honor has been violated notices any inappropriate content on the platform, they can contact LifeBites through the buttons enabled within the mobile application or on its website. Any other type of contact means such as social networks or emails sent to company personnel or generic ones will not be an effective means of communication. The foregoing, without prejudice to the exemption from liability that applies to this.
Depending on the nature of the report or claim, measures will be taken in relation to it, being able to notify the user about the Material in discussion and disabling it from the platform temporarily or permanently. This in no case implies assumption of any responsibility on the part of LifeBites.
SIXTH: USER OBLIGATION
The User undertakes to respect the applicable laws and the rights of third parties when using LifeBites. Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form (for example, by taking screenshots of the Material), of the contents of the app or the website (texts, designs, graphics, information, databases, sound and/or image files, logos, etc.), unless previously authorized by their legitimate owners or when permitted by law. Likewise, the User is prohibited from using mechanisms, software or scripts in relation to the use of the platform or carrying out any action that may harm the functionality of its infrastructure. Likewise, it is prohibited to carry out activities that may disable, overload or alter the proper functioning of the Platform or modify the appearance of the Material.
SEVENTH: INTELLECTUAL PROPERTY
The User declares to be the owner of the intellectual property rights over the Material uploaded to the platform or, failing that, to have the due authorization of the corresponding owner(s).
In addition, by means of these Terms and Conditions, all those Users who upload Material to a public Hub assign free of charge and in full the author's economic rights over it, LifeBites becoming its owner._cc781905-5cde-3194- bb3b-136bad5cf58d_
Likewise, by means of this document, regarding the Material uploaded in the Company Hub, the User grants LifeBites a worldwide, non-exclusive, transferable, sub-licensable, revocable and exempt from payments license to host, use, distribute, modify, maintain, reproduce , display or publicly communicate the Material. The same license is granted by the author User in the case of the User Hub. These licenses will cease to have effect when the Material is removed from the platform and/or is withdrawn by the author User from the corresponding Hub.
When the User deletes the Material on the platform, the rest of the users will stop seeing it, but it may continue to be hosted on the LifeBites systems due to technical limitations. In this case, the content will be deleted within a maximum period of 90 days.
Said licenses do not mean that LifeBites assumes responsibility for the ownership and/or legitimacy of the Material. They are delivered for the purpose of LifeBites hosting the content within the Hub owner's space; modify or adapt the Material for technical reasons or reasons related to the communication language to which they are included, in order to obtain the highest possible quality and in order to respect the design of the app or other communication media used on the platform, always that said modification or adaptation respects the integrity of the content provided in accordance with the moral right of the author; and make the images or audiovisual material available to the public with the aim of reconstructing history with the help of technology in a transparent and democratic manner.
In addition to the foregoing, the User grants the Company a worldwide, non-exclusive, transferable, sub-licensable, irrevocable license and exempt from payments to publicly communicate the Material uploaded to the Company Hub of their authorship both through LifeBites or promoting it in other media. of communication linking it to LifeBites. In the event that the Hub Owner Company wants to publish the Material outside the platform or make use of it in any promotional way, it must have the explicit authorization of the author User.
The metadata used by LifeBites makes the possibility of plagiarism minimal. Notwithstanding the foregoing and even though LifeBites is not responsible in this regard, if the Material published on the platform belongs to a third party that has seen its intellectual property rights violated, it may contact LifeBites through its website as that will initiate an internal procedure that may involve various actions including the elimination of the Material in question and the suppression of repeat offending Users when appropriate. Said actions will be carried out without any admission of liability on the part of LifeBites and without prejudice to any right, action or defense that may assist you, all of which are expressly reserved. This includes the right to refer the claim to those who have provided the allegedly infringing content. The User agrees to hold LifeBites harmless from any claim filed by third parties.
Furthermore, subject to compliance with these Terms and Conditions, LifeBites grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App on their personal mobile device, on supported OTTs and on the Website only in connection with your use of the Services; and (ii) access to and use of any content, information and related material that may be made available through the Service, in each case solely for your personal, non-commercial use. The User is not allowed to extract, reproduce, reuse the Material for commercial purposes without the express prior written consent of LifeBites. The User can only share photos/videos of their own or with the proper authorization or that are public. LifeBites reserves any right not expressly granted by these Terms and Conditions.
EIGHTH: ACCESS TO THE NETWORK AND DEVICES
The User acknowledges that technically it is not possible to achieve 100% availability of the app or website. However, LifeBites will endeavor to keep the platform available as constantly as possible. The User acknowledges that LifeBites does not control the transfer of data through communications systems and that the services may be subject to limitations, delays and other problems inherent to their use. Therefore, the Services may be subject to malfunctions or delays inherent to the use of the Internet and electronic communications.
The User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, the app and any updates to it. LifeBites does not guarantee that the Services, or any part thereof, will function on any particular hardware or device.
NINTH: LIMITATION OF LIABILITY_cc781905-5cbb6dbb_315-bb15-bb15-5cde-315
LifeBites will not be liable for any damages not caused by your breach of these Terms and Conditions or otherwise by your actions if you have acted with due diligence. Nor will it be responsible for damages that are not reasonably foreseeable by the User and by the Company at the time of entering into these Terms or for any offensive, inappropriate, obscene, illegal or objectionable content published by other Users that may be found on the platform._cc781905 -5cde-3194-bb3b-136bad5cf58d_
Likewise, LifeBites will not be responsible for the unauthorized access or use of third-party security servers that implies damage or violation of the information stored in them, for the interruption or cessation of transmission of the same o for any bug, virus, Trojan, or similar that may be transmitted through servers belonging to third parties.
Therefore, even when LifeBites seeks to provide a quality service in order to assist in the reconstruction of history through images and audiovisual material, LifeBites cannot and does not assume any responsibility for the Material, data and/or information provided by Users.
TENTH: INDEMNITY
The User agrees to indemnify and respond to LifeBites, its partners or shareholders, directors, employees and consultants for any claim, demand, loss, liability and expense (including attorneys' fees) arising from: (i) its breach or violation of any of these Terms and Conditions; (ii) the infringement of rights of third parties by the use of Material provided by the User; (iii) misuse or commercial use of the Material.
Likewise, LifeBites will not mediate existing conflicts between its Users and reserves the right to unsubscribe from the platform or cancel any existing contract, if any, until any dispute or disagreement is fully resolved.
NINTH: INTERPRETATION
Whenever possible, each provision of these Terms and Conditions should be interpreted in such a way that they are effective and valid under Chilean law, but if any is considered invalid or unenforceable, the rest will remain in full force and effect.
Any difficulty that may arise due to the application, interpretation, compliance, non-compliance, validity or resolution of these Terms and Conditions, will be subject to the jurisdiction of the Chilean courts.