Conditions

1.INTRO

These provisions regulate access and use of the web portal service www.storimake.com (hereinafter, “Portal”) and the StoriMake app (hereinafter, the “App”), owned by Storibros, S.L. (hereinafter “STORIBROS”), whose functionalities allow any Internet user (whether individuals, professionals or companies), by registering on the Platform (“Doer/s”), to contact designers and professionals in the audiovisual sector ( “Maker/s”) for contracting the generation of content tailored to your requests and needs (“Contents”).

For the purposes of these General Conditions, the Portal and the App will be jointly referred to as the “Platform”, while Doers and Makers will be jointly referred to as “Users”.

You can contact STORIBROS through email admin@storimake.com or by phone (+34) 91 022 84 08.

The mere access and/or use of all or part of the Contents and functionalities of the Platform and the information provided from it (“Services”), entails full acceptance of these General Conditions and the rest of the legal texts (together , Legal notice, Privacy policy and Cookies policy). If you do not agree with all or part of the Legal Texts, it is recommended that you refrain from registering and using the Platform.

2.USER REGISTRATION ON THE PLATFORM

Access to the Services requires registration on the Platform, both for Doers and Makers, for the creation of a personal user account through the registration procedures enabled on the Platform in each case, either through the registration via email or social login. The User may, at any time, modify the way of accessing the Platform, modifying access via email to a social login. This access modification does not imply the deletion of the data that both the Doers and the Makers have previously entered on the Platform, as long as the email associated with the social login is the same as the one used to register on the platform by email. electronic. For registration purposes, Users formally declare that they are of legal age according to the laws of their country and, in any case, that they are over 18 years of age.

The access credentials (username and password) associated with the User’s personal account are personal and non-transferable. In this sense, the User undertakes to diligently safeguard their credentials, adopting the necessary measures to avoid their loss, theft, disclosure to third parties or unauthorized use, including the actions of the User and/or statements made in the Platform, relationships and contracts with other Users or any other action carried out through the use of your account and/or credentials.

Regardless of the registration procedure selected, Users must accept (i) the Privacy Policy that regulates the processing of personal data carried out for the use of the Platform; and (ii) these General Conditions, which constitute a binding agreement between Users and STORIBROS for the use of the Platform and the contracting of the Services between Doers and Makers.

STORIBROS reserves the right to reject any registration request or cancel a previously accepted registration, when at its sole discretion it considers that the guidelines established in these Terms of Service have not been fully complied with, without being obliged to communicate or explain the reasons for this. its decision and without generating any right to compensation or compensation in favor of the User reached by said decision.

3. DEFINITION OF THE DOER PLATFORM SERVICES

The Platform offers a user-friendly means through which Doers can

(i) create and manage your Content creation requests, allowing access and use of predetermined design templates and indicating your preferences for editing and the purpose of the Content you wish to create, such as selecting the format for editing Content, its duration, orientation for display on the screen, definition of the editing style or category of Content, incorporating videos, voice recordings or music to the editing of the Content, etc.;

(ii) manage your ongoing requests, being able to communicate directly with the Maker hired for the request for Services in question, to clarify doubts regarding the Contents or complement the initial request;

(iii) manage your requests for Services completed after the delivery of the Contents by the Maker to request reviews on the final result of the Contents, provide opinions and evaluations of the Makers, etc.;

(iv) access tutorials to learn how to use the Platform, learn about the process of contracting the Services and managing Content and requests;

(v) consult the notifications about the status of your requests and messages exchanged with the Makers in relation to the Contents or any other type of communications necessary for the proper course and management of the Services; and

(vi) manage your user account, being able to modify or update your user data, your payment methods, and access the help menu from the “Profile” section at any time.

4.DEFINITION OF THE PLATFORM SERVICES FOR THE MAKER

The Services for Makers consist of the possibility of presenting their professional skills to the Doers through the Platform, as well as taking advantage of the intermediation work of STORIBROS for the contracting of Services that allow them to view the Doers’ requests, accepting those that they request. are of greater interest, or rejecting them, favoring the Maker with simple and free management of their workload.

To do this, the Maker, through the Platform, will be able to:

(i) prepare a professional profile, description of your editing services and portfolio presentation, as a way of offering your professional services to Doers through the Platform.

(ii) access the list of open requests and pending assignment presented by the Doers, allowing the Maker to review the details of the request and select those that are of greatest interest, indicating whether or not they accept the assignment.

(iii) manage accepted and ongoing assignments, having access to all the material uploaded by the Doer during the process of defining the request, to be able to carry out the work of editing Contents and revisions requested by the Doer.

(iv) allow virtual contact between Doer and Maker once the Doer’s request has been confirmed and the order accepted by the Maker to agree and define between them the particularities of the audiovisual editing service of Content contracted in the different modalities enabled on the Platform in every moment

(v) intermediation management for billing and collections to the Doers for the orders accepted, completed and delivered to the Doer.

(vi) management of your user profile to modify or update your personal data, bank details to receive payments from Doers, list of charges for orders placed, modify your price list, etc.

(vii) consult the notifications about the status of your ongoing orders and messages exchanged with the Doers or any other type of communications necessary for the proper course and management of the Services.

The use of the Platform Services for Makers allows them to publish offers and provide their services through the Platform. STORIBROS, as editor, intermediary and moderator of the Platform, assumes the duty of mediating between Doers and Makers in order to guarantee that the works contracted between Users through the Platform are in accordance with the specifications agreed between them, that they respond to minimum standards of quality and professionalism, in order to avoid problems or disputes between Users or a decrease in the confidence of Users in relation to the services offered on the Platform that could affect the offer of services from other Makers.

In this sense, STORIBROS may require Makers to present previous work or perform Content editing level tests at the time of registration on the Platform, with the aim of verifying that their skills and professional capabilities guarantee an adequate level of quality. in the provision of the Services through the Platform. Consequently, subcontracting of the provision of the Editing Services is prohibited unless requested by the Maker and previously approved in writing by STORIBROS. The Maker’s request must provide evidence that guarantees that the proposed subcontractor offers a level of editing capabilities and minimum quality in its work equal to that of the Maker hired for the Service. STORIBROS reserves the right to request the subcontractor proposed by the Maker to carry out a level test when necessary to verify that the subcontractor complies with said minimum quality level.

STORIBROS may take all appropriate and necessary measures, including the expulsion of Users, for the correct functioning of the Platform and guarantee of quality of the services offered by Makers through it.

5. MODALITIES FOR CONTRACTING SERVICES

Two main modalities are foreseen for contracting Services for the creation of Content and management of requests:

– STORI LIGHT: The Content Editing Services are contracted by the Doer at prices previously determined between STORIBROS and the Makers, who agree to offer their services under these rates, without prejudice to the freedom of the Makers to confirm or reject at their sole discretion the performance of each one of the particular orders and requests made by the Doers when they are offered to them. The price for the Doer’s request will appear on the screen during each and every phase of the process in which the Doer determines the elements and guidelines of his request, updating based on all the elements that the Doer adds and/or requests. .

Once the request and contracting of the Services by the Doer has been confirmed, STORIBROS offers the Doers’ requests to the available Makers, depending on their specialty and Maker category, the time slots defined by the Maker to provide services on the Platform, price range , etc. The Makers may, at their sole discretion, confirm or reject working on the Doers’ requests that are offered to them and, if accepted, proceed to contract the provision of the Services. In any case, the contract is not consolidated until the selected Maker accepts the proposal predesigned by the Doer. It is the Maker’s unilateral decision to accept or reject each of the requests offered through the Platform.

Therefore, this modality does not allow the Doer to choose the Maker or editor who will make or who will be in charge of making their request, whose assignment is managed through STORIBROS.

– STORI PLUS: Content editing Services are contracted directly between Doer and Maker, applying the rates published by the Makers themselves on the Platform.

Once the Doer has defined the desired elements to compose the edition of the Contents of the request, the Makers available to accept the order will appear on the screen, allowing the Doer to review the professional profiles of the Makers, portfolio or previous works, evaluations of others. Doers, list of rates, categorization of each Maker based on their experience on the Platform, reviews received from other Doers, etc., so that the Doer can select from among the available Makers the one that best suits their needs and characteristics of the request in question and that you wish to hire to carry out the assembly of its Contents.

The request will be sent to the Maker selected by the Doer to review its details and decide whether to accept it or not. In the event that the Maker rejects the Doer’s request, a new list of available Makers will be presented on the screen, repeating the process over and over again until the request is accepted and the contracting of the Services is consummated.

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6. PRICES AND PAYMENT METHODS

The prices applicable to the Services will be those indicated on the Platform at all times.

to. For the STORI LIGHT Services, the applicable price consists of standard rates agreed between STORIBROS and the Makers and will appear at the top of the screen, updating as the desired elements and guidelines for editing the Contents are defined by the Doers during the hiring process. Before proceeding with payment, the Doer will confirm the purchase details, with a breakdown of the applicable prices, as well as confirm the elements, guidelines and particular editing instructions.

b. For STORI PLUS Services, the applicable price will be that corresponding to the rates published by the Maker selected during the process of defining the request and contracting the Services.

The Platform offers Users the payment gateway Services integrated into the Platform and provided by the provider Stripe, whose terms and conditions of service are fully applicable to Users regardless of these General Conditions. The Platform offers 2 payment options for the contracted Services:

– Visa or mastercard card. The Doer must follow the steps indicated in the payment gateway, incorporating the required data at the end of the process of contracting the Services.

– Wire transfer. Upon completing the contracting process and confirming the purchase details, users will receive an email communication with the bank details to which to make the transfer.

 

7.BILLING SERVICES

The management of banking transactions between Doers and Makers for billing and payment of the price for editing work contracted between these Users is part of the intermediation and payment gateway Services that the Platform provides to its Users, following the following process :

At the time of confirmation of the contracting of the Services between Users, STORIBROS will issue:

Yo. An invoice to the Doer on behalf of and in the name of the Maker, charging the amount established on the Platform for the provision of the Services. STORIBROS will make these invoices available to the Maker via email.

STORIBROS will retain the amounts invoiced and collected from the Doer and will not transfer them to the Maker until the editing jobs contracted between Users have been completed and approved by the Doer.

Once the Doer has given its agreement with the results delivered by the Maker, the Services contracted between Users will be deemed completed, with STORIBROS proceeding to:

transfer directly to the bank account indicated by the Maker in its user account the amounts invoiced and collected from the Doer for the Services provided through the Platform’s payment gateway systems; and issue an invoice to the Maker for an amount corresponding to the 20% commission for the intermediation and collection management services of the Platform, previously deducting the amount of this commission from the amounts collected from the Doer and transferred to the Maker for the Services provided, according to point (i) above.

ii. An invoice to Doer, in its own name, charging the amount established on the Platform as a 15% commission for the Platform’s intermediation and collection management services.

STORIBROS guarantees secure payment in the purchase process, regardless of the payment method selected by the Doer, as well as the Makers’ receipt of the amounts charged once the contracted Services have been completed.

STORIBROS will first manage any incident that a User may suffer due to non-compliance by the Platform’s service providers. Likewise, STORIBROS reserves the right to change its payment and billing methods at any time, after modifying these Terms and Conditions and notifying the User of such modification. In the event of a dispute between Users, STORIBROS will study the conditions agreed upon between the Users for the contracted Services and the result presented, in order to determine whether the Maker has satisfactorily fulfilled the order and proceed to order payment for its Services.

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8.PLATFORM USE LICENSE

Registration on the Platform by accepting these General Conditions implies the granting by STORIBROS to Users of a non-exclusive, revocable, non-transferable and non-sublicensable license limited to access and use of the Platform, for an equal duration. to the validity of the User’s personal account on the Platform and for all territories in the world (hereinafter, the “License”). In any case, the Platform made available to Users may not be copied, modified, developed, decompiled and disclosed without the prior authorization of STORIBROS.

STORIBROS will make every effort reasonably possible to ensure access and availability of the Platform at all times. However, the provision of the Services and, in particular, the confirmation of contracts between Users and delivery of the Contents is, in any case, subject to the availability of the Makers and particular circumstances of the request, design and development of the Makers. Contents. Likewise, the Services may be limited to carrying out technological maintenance tasks for the Platform. In any case, these limitations or any circumstantial modification of the conditions applicable to the Services will be notified through notices on the Platform.

9.INDUSTRIAL AND INTELLECTUAL PROPERTY

The intellectual and industrial property rights over the Platform, the graphic design and the computer codes, as well as the distinctive signs and brands, texts, images, music files and videos shown, among others, are the property of STORIBROS, or its licensors. . All rights in relation to said content are reserved and express permission must be requested from STORIBROS for its use and exploitation not expressly provided for in these General Conditions.

Regarding the music files that STORIBROS makes available to Users through the Platform (“Licensed Music”), STORIBROS has the corresponding licenses for their making available and synchronization by Users. Each synchronization of Licensed Music with the User Content covers certain subsequent uses that the Doer makes with the audiovisual project that is delivered by the Maker through the provision of the Services, although limited to the scope of what for this purpose. each Licensed Music license provides, in particular the licenses of the corresponding management entities and music libraries negotiated by STORIBROS and that are available at (include link to the SGAE license texts and contracted music library) and that Users must accept and respect without circumventing the technological measures that may be implemented. Users are recommended to consult the applicable terms and conditions on the management of intellectual property rights of broadcast channels, audiovisual platforms or any other appropriate third-party media for any subsequent use of the Content that the User wishes to use other than the Platform, including the downloading, public communication or making available of the Contents under the sole responsibility of the User. Users understand that they may need to obtain additional authorizations for a particular subsequent use of the Content, and that STORIBROS does not guarantee the suitability of the Content or the Licensed Music for any purpose other than those expressly indicated in these terms.

Likewise, any content owned and/or owned by the Users or third parties that has been uploaded by the Users to the Platform is expressly excluded, in particular, but not limited to, those videos, images, audio recordings or musical content that the Doers have been uploaded to the Platform for the definition of requests or performance of the Services contracted between Users through the Platform (“External Content”). Users guarantee that they have obtained all the necessary rights from the corresponding owners, over the Third Party Content, to (i) upload it to the Platform, (ii) use it in the Editing Services and (iii) allow STORIBROS to publish it. as an inseparable element of the Contents.y. STORIBROS is not responsible for any problems arising from the use of license-exempt Foreign Content that Users have obtained from other sources, channels or libraries. In this sense, Users exempt STORIBROS from any responsibility for the Foreign Content, and will indemnify and defend STORIBROS for any claim, demand or proceeding against STORIBROS that alleges that the Foreign Content or the use of the Platform and the Services by Users infringe the rights of third parties or misappropriate the industrial and intellectual property rights of third parties, including, without limitation, the copyright, trademark or trade secret of third parties, or violate applicable law or regulation or any another right of a third party, or arises from a dispute between the Users themselves or against third parties. In order to facilitate the provision of the Services, the Doers grant a non-exclusive, revocable, non-transferable, and non-sublicensable license to the Maker that they have selected for the provision of the Services, of the rights of reproduction and transformation of the Foreign Content uploaded to the Platform and selected for editing. This license is expressly limited to the use of the Foreign Content exclusively for the provision by the Maker of the editing Services contracted by the Doer. In order to promote the dissemination of the Platform, subject to the express authorization of the Doers, the Doers grant a non-exclusive, non-transferable, non-sublicensable license, free of charge and for the maximum term provided by the applicable legislation to STORIBROS, of the rights of reproduction and public communication of the Contents, including the External Contents incorporated therein, for their dissemination, on digital channels such as social networks, websites, the Portal and the App.

The Maker understands and accepts that all intellectual property rights of the Content that the Doers make available on the Platform for the provision of the Services, as well as all exploitation rights over the results obtained by the contracted Services belong exclusively al Doer, and that the use by the Makers of said Contents for any purpose other than what is strictly necessary for the provision of the Services contracted through the Platform is prohibited, such as its publication or public communication, whatever the medium used, or its distribution to third parties without prior express authorization from the Doer.

STORIBROS will enable appropriate mechanisms on the Platform so that the Doers can, at their free choice, authorize the Makers, in each case, for the publication and public communication on the Platform of each of the Contents edited in the provision of the Services. as an exercise of the Makers’ collection right.

The User guarantees to STORIBROS and the rest of the Users the ownership and/or legitimacy sufficient to exercise the rights of reproduction, distribution, transformation and public communication over the Third Party Content that they incorporate into the Platform or market through it for the Services Execution.

Except for the above cases, Users may not carry out without the express authorization of STORIBROS or, in each case, the rights holder:

to. Extract and/or reuse all or a substantial part of the Contents that make up the Platform, as well as the databases that STORIBROS makes available to Users.

b. Do not alter, copy, download, modify, decompile, disassemble, reverse engineer, license, rent, sell or imitate the Platform or its underlying software.

10. RESTRICTIONS ON SERVICES AND CONDUCT OF USERS

The User agrees not to use the Platform or the Services for any purpose prohibited by these General Conditions or applicable legislation. The User will not take (or allow any third party to take) any action, or make available any Content on or through the Services, that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent , invasive of another person’s privacy, obscene or offensive; (ii) constitutes unauthorized or unsolicited advertising, spam or mass mail; (iii) infringes third party rights, such as industrial and intellectual property rights, image rights or fundamental rights such as the protection of personal data; or (v) impersonates any person or entity, including any employee or representative of STORIBROS.

 

11. RESPONSIBILITIES AND LIMITATIONS

STORIBROS is the technological developer of the Platform and, consequently, does not own, sell, resell or control the provision of the Editing Services, but is limited to providing a technological service for intermediation and moderation between the Doers and the Users. Makers through the Platform. In this sense, STORIBROS acts as an intermediary between Doers and Makers for the definition of work requests and the search for suitable professionals to offer the requested Services. In addition to the intermediation Services, STORIBROS offers Users through the Platform payment gateway Services for the economic management of the contract.

Consequently, the contractual relationship generated through the contracting of the Services concerns, solely and exclusively, the Doers (as clients) and the Makers (as providers of professional services). These General Conditions are those accepted and offered by all Makers associated with the Platform.

STORIBROS will make every effort reasonably possible to ensure access and availability of the Platform at all times. However, STORIBROS does not guarantee the full availability of the Platform and the Services, since their access depends on circumstances beyond its control and the Platform itself, such as the availability or operation of the mobile device on which it is installed or communications networks. Therefore, to the extent permitted by mandatory regulations, STORIBROS will in no case be liable for damages of any nature, direct or indirect, material or moral, that may arise from the use of the Platform, in In particular, in a non-exhaustive list, lack of availability, accessibility, compatibility with mobile devices or third-party software and operation of the Service, loss of data due to possible illicit uses and/or acts by the User that are contrary to the law or what is authorized. under these General Conditions or causes of force majeure. STORIBROS will not be responsible for non-compliance or delays in the provision of the Services contracted between Doers and Makers, or any other damages caused by causes beyond its control or control.

Likewise, the Platform is made available to Users in its current state of development and with the functionalities of the Services, or other functionalities that are available at any time appropriate to the Platform Services. Therefore, STORIBROS only guarantees the suitability of the Platform for the Services offered and for the operating systems and devices for which it has been developed, without this particularly affecting the accuracy and suitability of the Services for a particular purpose.

STORIBROS has obtained a license to make available to its Users and synchronize the Licensed Music and the rest of the works owned by third parties that STORIBROS incorporates into the Platform and offers to the Users. However, STORIBROS is not responsible for any subsequent uses that Users intend to make of the already edited Content, once said musical works owned by third parties have been incorporated, in accordance with the provisions of clause 9.

STORIBROS rejects any responsibility towards third parties for the Foreign Content incorporated into the Platform by Users and that is marketed among Users through the Platform and, otherwise, is accessible to third parties from the Platform; nor for the accuracy, veracity and validity of the information on the Platform that is not of its own creation, whose contents belong to information sources of third parties other than STORIBROS. The Users assume any responsibility for the reproduction, distribution, public communication, transformation of the Contents other than those of the Users that are not created by STORIBROS or made available to the Users directly by STORIBROS through the Platform, exempting STORIBROS from any liability towards third parties.

Users are obliged to make correct use of the Platform in accordance with the Law and these General Conditions, assuming any responsibility that may arise as a consequence of legal non-compliance. The use of the Platform for purposes that harm the property or interests of STORIBROS or third parties or that overload, damage or disable the networks, servers and other information equipment or products of STORIBROS or third parties is expressly prohibited.

Users are solely responsible to STORIBROS and any third party for the use of their personal account on the Platform, as well as for any Content uploaded to the Platform, the synchronization of musical works that are not Licensed Music to their Content and any subsequent use. that they carry out on these, contracting operations for Services and transactions that are carried out from their personal account during the validity of these General Conditions and the License to use the Platform.

IT IS THE RESPONSIBILITY OF THE USERS TO DELETE ALL METADATA FROM THE CONTENT UPLOADED TO THE PLATFORM, WHICH COULD BE CONSIDERED PERSONAL DATA, THROUGH A VALID AND RECOGNIZED PROCEDURE. FAILURE TO COMPLY WITH THE ABOVE OBLIGATION WILL BE CONSIDERED A MATERIAL BREACH OF THESE GENERAL CONDITIONS AND LICENSE FOR USE OF THE PLATFORM.

12. THIRD PARTY LINKS

These General Conditions refer only to the Platform and its Contents and will not apply to links, third-party web pages accessible through it or any other content provided by third parties. STORIBROS will not exercise any type of control over the information, content, products or services provided by third parties that have established links to the Platform.

Consequently, STORIBROS does not assume any type of responsibility that may arise from them, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks or other websites. from Internet. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities. Likewise, STORIBROS states that it will proceed to delete or disable any link or content as soon as it has effective knowledge that the activity or information of third parties to which it refers may contravene current legislation, morality or public order, as well as harm the rights of third parties.

13. DATA PROTECTION

The personal data collected on the Platform related to the access and use of the Users, as well as the communications or requests that they direct between Users or against STORIBROS, will be processed by STORIBROS, as owner of the Platform and responsible for the treatment, in accordance with the regulations applicable at all times and guaranteeing their confidentiality, as established in the Privacy Policy and Cookies Policy.
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14. WITHDRAWAL AND CANCELLATION OF SERVICES

In the event that the Doer is a natural person acting outside his or her professional scope, he or she will have the status of “Consumer”, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users. In accordance with article 97.1 letter l) of said regulation, the Consumer is informed that, in accordance with article 103.m), which establishes exceptions to the right of withdrawal, this right will not be applicable to contracting of Services once once they have been confirmed through the Platform, as the Services deal with the supply of digital content that is not provided on a material medium when the execution has begun, the Consumer knowing that, consequently, he loses his right of withdrawal.

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15. MODIFICATIONS TO THE TERMS OF USE

STORIBROS reserves the right to modify or update the General Conditions at any time, with prior notice to Users through the notification systems enabled on the Platform, for a period of 15 days prior to their entry into force.

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16. CLAIMS

Notwithstanding the above, the European Commission offers a free access platform for extrajudicial online dispute resolution (http://ec. europa.eu/consumers/odr/) to which the parties can voluntarily submit through the intervention of the Dispute Resolution Body, which acts as an impartial intermediary between both parties.

  • Link to electronic claim form

https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase

 

17. APPLICABLE LEGISLATION, COMPETENT JURISDICTION AND NOTIFICATIONS

These General Conditions are governed and interpreted in accordance with the Laws of Spain. The Courts and Tribunals of Barcelona will be competent for any claim, unless another mandatory jurisdiction applies in accordance with the rules of jurisdiction and judicial competence in force and applicable at all times. All notifications, requirements, requests and other communications that the User wishes to make to STORIBROS must be made in writing and will be understood to have been correctly made when they have been received at the following address admin@storimake.com