MEMBERSHIP TERMS

Thank you for choosing Brandarmies. Please read these GENERAL CONDITIONS OF USE carefully before using this website to ensure the proper functioning of the Brandarmies community.

What is Brandarmies? Brandarmies is a platform that facilitates communication between Brand members and Branders in order to favor the creation of promotions and advertising campaigns of its members through social networks. Brand: Are you a company that want to create a promotion on your web portal? Would you like to take a look at our army of influencers (Branders)? Brander: Are you an active person on social media? Are you a creative, positive, serious, and committed person in your projects? If you meet these requirements, then... You are the member we are looking for!

Brandarmies Overview

These CONDITIONS OF USE AND GENERAL TERMS (hereinafter "MEMBERSHIP TERMS") govern together with the Privacy Policy, Legal Notice and Cookies Policy, the access and use of the website, accessible through the domain: www.brandarmies.com (hereinafter "Website") or through the Brandarmies application (hereinafter "Brandarmies App"). The MEMBERSHIP TERMS establish the conditions of access to the websites, services and applications offered to users. In this sense, by using the services of BRANDARMIES you agree to be bound by these conditions as well as by all the changes that Brandarmies unilaterally introduces in it, by the mere fact of continuing to use said services, and you declare:

  1. That you have read and understand what is stated here;
  2. That you assume all the obligations and responsibilities reflected in these General Conditions of Use.
  3. That you are over 18 years of age and have legal capacity. In the event that Brandarmies detects that you are a user or minor member, your profile will be deleted, and you will have to prove reliably that you are of legal age.

We inform you that Brandarmies includes Brandarmies Aps, Brandarmies S.L., SoMeSociety and WouBiz Aps (hereinafter "Brandarmies").

Brandarmies is responsible for the management of Brandarmies' profiles and communications with its members and members with each other both on the Brandarmies mobile application and on its website. In no event shall Brandarmies be liable for the decisions of its members or of the members among themselves.

These conditions will apply from September 01, 2021. Brandarmies reserves the right to update, modify or withdraw at any time these conditions, without prior notice to its members, without being able to be responsible to the members for such action. Once the conditions enter into force, users must accept the conditions to continue using the services offered by Brandarmies and must be kept updated regarding the modifications and updates that are made in relation to these conditions.

  • 1. Owner of the Service

    The owner and the owner of the service is BRANDARMIES ESPAÑA S.L. (hereinafter "Brandarmies"), with registered office at Calle Cádiz, number 28, 28320 Pinto, Madrid, provided with NIF B-02883734, constituted on December 3, 2020, before the Illustrious Notary D. Miguel Ruiz Gallardón García-Rasilla, and registered in the Mercantile Registry of Madrid, Volume 41257, page 61 and Sheet M-73132.

  • 2. Need for Registration

    The use of the services offered by Brandarmies requires the prior registration of its members, for this they will select the option "Create your account". During registration, future members must include their identification data, which will vary depending on whether the member is a natural or legal person, and they must accept these membership terms.

    The basic information of the members included in the profile will be visible to the rest of the members through their user profile on the Brandarmies platform. Each member will have their own user profile, password and administrator account to access their personal space. The member must guard at all times his profile and password, assuming at a personal level any type of damage or harm that may arise from any carelessness, disclosure or loss. Any access to the user profile will be understood to be made by it, being always responsible for the use and access to your profile.

    During registration, the member must provide real and updated information, among other, must provide their personal data, contact details, interests and include links to their social networks to ensure the correct provision of services by Brandarmies.

    Registration on the website implies the processing of member data by Brandarmies as the controller of its members' data. For more information, the member can access the Brandarmies Privacy Policy in https://www.brandarmies.com/policies/privacy

  • 3. Rules of use

    Members undertake to comply with the membership terms and to behave in accordance with the law, public order, and good ethics. In this way, the members are obliged to make appropriate use of the Website and the application, avoiding any type of illicit activity or constituting a crime or any other that contravenes any applicable regulatory provision. By way of example and not exclusive, the member undertakes to:

    • Respect always the General Conditions of Use. If the member is dissatisfied with the management carried out by Brandarmies, or with the treatment received by Brandarmies, he must stop using the services offered by Brandarmies.
    • Do not make offensive comments against other members or against Brandarmies, such as, for example, offensive, racist, xenophobic, apologemic, pornographic or human rights comments.
    • Not to post, download or distribute inappropriate, profane, defamatory, obscene, indecent, or illegal content based on names, any material or information.
    • Not to publish, introduce, download, or distribute content, information, or material with pornographic content, either implicitly or explicitly through the Brandarmies platform.
    • Not to publish or introduce information that involves disclosure or a violation of the secrecy of communications or that contravenes data protection regulations.
    • Do not impersonate the identity of other users or create fake profiles
    • Not to disseminate or transmit information or content of third parties, regardless of the medium used.
    • Do not introduce content that may be considered illegal or unfair advertising.
    • Not to enter photographs or information of minors, or any content related to minors, without the express consent of Brandarmies
    • Do not introduce false or misleading, ambiguous, or inaccurate content for the recipients of the communication.
    • Not to use the services provided by Brandarmies with the intention of carrying out unfair competition or for commercial purposes that harm or provoke any type of impairment to Brandarmies.
    • Any type of behavior or action that may violate or violate any applicable regulations or provisions is prohibited.

    The member undertakes not to claim, nor to demand any type of responsibility from Brandarmies for the damages that may be caused by the above behaviors, as well as any other assimilable. By accepting these conditions, the member declares to hold Brandarmies harmless against any type of legal liability because of the member's breach of its obligations in relation to these terms and conditions. Brandarmies reserves the right to claim against its members the relevant compensation and compensation that corresponds.

  • 4. The Brand and Brander Member

    Brandarmies provides a space where its members can negotiate and carry out their transactions, however, Brandarmies is not part of these commercial relationships nor is it legally bound by the agreements reached by its members. In any case, the agreements reached by the members through the platform will be understood to be negotiated and agreed exclusively by the member Brand and Brander. Therefore, the parties undertake to hold harmless and exempt Brandarmies from any type of legal liability because of breaches arising from the agreement between the parties, or breaches that affect one of the parties due to the lack of compliance with their own obligations, especially tax, labor or tax.

    The Brand member is responsible for the products, coupons and discounts offered on the platform and shall be responsible for aiding claims made by Brander members when necessary, or with respect to any matter or incident arising from the execution of the agreement reached by the parties.

    On the other hand, the Brander member interested in acquiring a product, coupon or discount offered by the Brand, must bear in mind that, according to the tax regulations applicable to the specific country, he can be considered a taxable person of certain taxes.

    If Spanish regulations apply, the Brander is liable to be considered a taxable person of Personal Income Tax (IRPF), for the purposes of remuneration of payments in kind in certain cases, in accordance with the regulations relating to spanish personal income tax legislation. The Brander member undertakes to keep Brandarmies totally harmless in case of non-compliance with said tax obligation.

  • 5. Exclusion of liability of Brandarmies

    Brandarmies does not own the products and services offered through the platform but acts as an intermediary offering the parties a contact network, without reviewing or validating the products or services offered by the members through the Website.

    To this end, Brandarmies will not be directly, indirectly, or subsidiarily responsible for claims for damages of any kind requested by the parties, either in relation to the services offered by Brandarmies or for the actions or behaviors of its members. Likewise, Brandarmies will not be legally liable for any illegality, lack of veracity of the content or services offered.

    Notwithstanding the foregoing actions, Brandarmies shall not be liable for any damages arising from:

    • The management carried out with respect Brandarmies.com nor the communications or relations between the members, nor against Brandarmies in general.
    • Loss of Brandarmies membership
    • The content of the profiles of the members, nor of the communications made by the members.
    • The conduct of its members, including unlawful actions or actions that may cause harm or harm, to other members or to Brandarmies in general.
    • and. System crashes, material losses, time access to theme, management of Brandarmies services or any other related circumstance. In no case shall these circumstances give way to a right of compensation in favour of the members by Brandarmies.
  • 6. Exclusion of users

    Brandarmies unilaterally reserves the right to prevent the registration or registration of members, as well as to delete the profile of any member, without prior warning and without the need for justification when members fail to comply with these conditions.

    The deletion of the profile will result in the deletion of the profile, as well as the loss of associated purchases and payments made under your profile. In no case, the deletion of the profile will generate a right of compensation or compensation for damages for the benefit of the member.

    At its discretion, Brandarmies may choose between deleting the member's profile or imposing a quarantine (blacklisting) on the member, considering the specific circumstances.

  • 7. Information relating to The Brand

    Members with a Brand profile accept the current subscription, in accordance with the Business Conditions for Brand, set out in www.brandarmies.com/terms/business

    Brand profiles undertake not to contact, create, or execute promotions with Brander profiles outside the Brandarmies platform. Failure to comply with this obligation will result in the automatic expulsion of the member and the cancellation of all benefits and advantages enjoyed, regardless of the legal actions that proceed against the member. In addition, Brandarmies may issue an invoice expressing the outstanding amounts due for promotions created outside brandarmies when the Brand and Brander have contacted through the Website or the Brandarmies App.

  • 8. Information relating to Branders

    Members with a Brander profile must register as new users and will have to fill in the fields requested on the Website, such as:

    • The Brander's email address
    • Contact details
    • The Tax Identification Document in force (DNI, NIE or Passport)
    • Date of birth
    • Your mobile phone
    • Your interests and preferences

    Brander members will be able to consult their personal data on the Brandarmies platform, through the "Admin/General Usage Data" tab and may update or rectify them when necessary.

    Members may unsubscribe from the Website by selecting the "Delete My Data" tab. At any time, members may view the data processed and processed by Brandarmies through the platform, and until such time as the member decides to unsubscribe from the service.

    Brand profiles will be deleted once the information and data they provide are not necessary. In any case, backups will be deleted every five days, while those profiles unrelated to Brandarmies will be deleted every night. For more information about the data processing carried out by Brandarmies, you can consult the Privacy Policy included in our website, through the link https://www.brandarmies.com/policies/privacy

    For any questions, members can contact brandarmies customer service, by pressing the "Contact" button that they will find on the platform or through the following email address: hola@brandarmies.com.

    At all times, Brandarmies will try to maintain the minimum response time and is committed to offering a serious individual, serious and personalized treatment to its members through each message.

    In general, the information provided by branders will not be transferred to other members or third parties, unless the latter authorizes such transfer by sharing content on their profile through the Brandarmies.com platform or because of compliance with a legal obligation. In any case, Brandarmies will request express authorization from the Branders in question, allowing members to withdraw such consent freely at any time.

    For more information about the processing of data carried out by Brandarmies with respect to its members, please consult the Privacy Policy section included in our website, through the link https://www.brandarmies.com/policies/privacy

  • 9. Communication of Brandarmies with its members (Brand or Branders)

    Communication between members will always take place through the member's profile, through internal messaging of the platform, or through the contact details provided during registration, detailed in point 8 of these conditions. If members are unable to establish contact with each other, Brandarmies may contact the memberin another way, for example by means of social mediamessaging, or mobile messaging of any kind.

    The communication between Brandarmies and its members will be carried out through internal messaging of the platform, or through the email provided by the member himself, or mobile phone number by phone call of one of our collaborators, or WhatsApp messaging or SMS automatically. For this reason, it is your responsibility to verify that the data you provide us with are correct and complete, and you are also obliged to inform us immediately when any variation in the information you have provided us takes place.

    • 9.1 Validation policy

      Avoiding the existence of fake profiles is a priority for Brandarmies. For this reason, Brandarmies and will verify the authenticity of the registered profiles and examine the way the members act, to guarantee this purpose.

      If there are suspicions about the veracity of a profile, Brandarmies may contact the member to verify its authenticity, or may directly decree the quarantine of the profile (blacklisting) at its discretion, without justification or prior notice.

      Brandarmies may decide at its discretion the most convenient way to prove the identity of the profile, being able to request the necessary documentation from the member to verify the authenticity of their profile. If the member will not send such documentation within a reasonable period, Brandarmies will delete the profile without warning, and the member cannot claim any type of compensation or compensation from Brandarmies or any of its partners.

      If Brandarmies will choose at its discretion to decree the quarantine of the profile (blacklisting), the member's profile will be deactivated and will automatically cease to be visible to the rest of the members of the Brandarmies community.

  • 10. Communication between Brandarmies members (Brand and Brander)

    • 10.1 General information on profile content and communications between members

      The interaction and communication between the members of Brandarmies may be carried out in the Brander's own profile, or through direct communication with other members, being able to share information contained in the profile such as texts or images of the Brander. In any case, it is forbidden to share misleading, false, or third-party information. For this purpose, Brandarmies reserves the right to refuse the registration of members when it says information is not truthful.

      Interactions or communications between members shall be conducted in accordance with common sense and good ethics. To this end, members shall consider the following obligations:

      • The content they publish may not have sexual, pornographic, erotic, fetishistic content, nor related to friendship or company services.
      • It is not allowed to post offensive, discriminatory, violent, or illegal content against other members or third parties.
      • The published content may not contain advertising, unless expressly authorized by Brandarmies.
      • It is forbidden to share any type of information or content related to minors.
      • It is not allowed to run ads with descriptions or content that do not fit or correspond to reality.
      • Content shared by members may not violate applicable intellectual property law or contain information relating to third parties.
      • In any case, from Brandarmies we ask our members to act in accordance with common sense and good ethics during their interactions and communications to guarantee the good coexistence of the Brandarmies Community.

      At the express request of the Brand or Brander member and under certain conditions, Brandarmies may access the profile of the members to modify and update both the profile and the promotions published to achieve better commercial results for the parties.

    • 10.2 Brandarmies Code of Ethics

      In another sense, we ask our members to report the behaviors of other members that are contrary to the Brandarmies Code of Ethics, such as:

      • Fake member profiles
      • Offensive, violent, discriminatory, or insulting behavior against other members
      • Behaviors manifestly contrary to the rules of coexistence expressed in these conditions.

    In case of non-compliance, Brandarmies may act at its discretion and decide, without prior justification, between automatically deleting the profile information, decreeing the quarantine of the profile (blacklisting) or deleting the profile. In any case, when Brandarmies deems it appropriate, it may inform the Competent Authority of the conduct of its members.

    • 10.3 Brandarmies coexistence rules

      From Brandarmies we want to promote good ethics to guarantee coexistence in our community. For this reason, we ask our Brand and Brander to read the following rules of coexistence and hope that your relationships are peaceful and respectful.

      • All members must be respected and have the right to express themselves freely, always respecting the limits of good faith and respect for the rest of the members.
      • All members are equal, regardless of nationality, sex, religion or political opinions, among other aspects.
      • Any kind of opinion should be made with a cordial and respectful tone towards others. Respect others and you will be respected.
    • 10.4 Acceptance and agreement between the Brand and Brander

    When the parties (Brand and Brander) reach an agreement and undertake to carry out the service, the contract will be legally binding on both parties, each party having to comply with their respective legal, contractual, fiscal or any other obligations, always keeping Brandarmies and its partners totally harmless against any type of liability.

    We recommend that our members before launching a promotion, read or ask us for the latest version of our recommendations about the alliance agreement to avoid any type of discrepancy. Under no circumstances will Brandarmies be bound or responsible for the conditions agreed and reached by the member Brand and Brander with respect to the promotion agreement or alliance agreement, especially in relation to the economic or tax obligations of the agreements between the parties.

  • 11. Intellectual property and industrial property.

    All intellectual property and industrial property rights over the works, contents or services offered on the Website or in the brandarmies application, will be the exclusive property of its legitimate owner WouBiz Aps or any of its partners. Included in this category, by way of example and not exclusive, are the following elements: texts, graphics, logos, images, digital downloads, databases, data collections, software, icons and technologies, audiovisual and sound content, website design and source code, among others. Likewise, the use by members or by third parties of the brands "Brandarmies", "brandarmies.com", "SoMeSociety" and "WouBiz Aps", as well as any other brand included on the Website that may be protected as intellectual property or industry, is expressly prohibited.

    It is expressly forbidden to copy, reproduce or distribute, in whole or in part, the contents of the Website or the Brandarmies App, regardless of the support or technical means, without the written authorization of WouBiz Aps or any of its partners.

    The member undertakes to respect the intellectual and industrial property rights owned by Brandarmies Aps and declares that he is the exclusive owner of the content that he shares or incorporates on the Website or in the Brandarmies App that may be protected by intellectual or industrial property rights.

    The member will use the Brandarmies platform for strictly private or personal use, prohibiting any other type of use, without the express authorization of Brandarmies.

    Likewise, the member grants by the mere fact of using the platform, a "license" free of charge to Brandarmies of the content or publications it shares, including photos, names and links, as well as the rights of public communication, reproduction and distribution, in all the modalities of exploitation existing during the duration of validity of the license object of assignment to Brandarmies España SL and other companies of the group. By submitting, posting or displaying content through its social networks, the Brander grants us, exactly as it does with the social network where the content has been generated, a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all possible media or distribution methods (now known or developed later). This license authorizes us to make your social media content available to the rest of the world and to allow others to do the same.

    The proposals published on the platform, as well as the publications of any kind, or information related to said publications may be used or published by Brandarmies on its Website or in its application, in order that they can be viewed by other members of the Brandarmies community, by virtue of the transfer of the same to the platforms and social networks in which they are published, by virtue of the agreements of assignment of intellectual property undertaken with said platforms, and only for the purposes of advertising, statistics and information, without being subjected by brandarmies to any modification or computer manipulation, and with the limitation imposed on them by the social network itself assignee of those intellectual property rights. Please review the policies of transfer of intellectual property of the platforms accepted in Brandarmies (Facebook, Instagram, LinkedIn, Twitter and others that may adhere in the future), at the time of configuring or registering your profile in them

  • 12. Mediations

    Brandarmies is a platform that acts as a mere intermediary between the Brand and Brander. In no case brandarmies owns the products, discounts or services offered to the Branders and is not part of the transaction carried out by the parties. Likewise, neither Brandarmies or any of its partner validate the products, discounts, or services, so it will not be responsible directly, indirectly, or subsidiarily for any controversy or conflict between the parties.

    In general, the instructions regarding the service, use of the products or discounts, will in any case be provided by the Brand for the brander and in no case Brandarmies or any of its partner will act as a party, representative or intermediary between the transactions of products or services carried out between the Brand and the Brander.

  • 13. Ownership

    WouBiz Holding ApS is the owner of Brandarmies ApS, Brandarmies España S.L. and SoMeSociety ApS.