The present General Terms of Use shall govern the provision of services that NUMUCORP SPAIN SL (hereinafter, LUA) will provide through this Website (hereinafter, the Website). LUA’s details are as follows:
– Company name: NUMUCORP SPAIN SL
– C.I.F.: B90429044
1. GENERAL TERMS AND CONDITIONS
These General Terms strictly apply to all service provisions offered online by LUA. The LUA Platform is owned and operated by LUA. By using the LUA Platform, you agree to these LUA Platform Terms of Use.
1.1 ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE AND CONTRACTING OF THE WEBSITE
Below is the contractual document that will govern the purchase of products and/or services through the website www.luagroup.com, owned by NUMUCORP SPAIN SL. Acceptance of this document implies that the User:
1. Has read, understands, and agrees with the contents set forth herein.
2. Is a person with sufficient legal capacity to enter into a contract.
3. Accepts and agrees to be bound by all the obligations set forth herein.
These terms shall have an indefinite period of validity and shall apply to all contracts made through the Website.
These General Terms of Use and Contracting of the LUA website, together with any Specific Terms that may be established, are intended to provide the User with the necessary information and to regulate the commercial relationships that may arise between LUA and the Users of the website.
Both browsing, registering, using, and/or purchasing any of the products on the website imply the User’s full and unreserved acceptance of each and every one of these General Terms of Use and Contracting, which, where applicable, govern the acquisition of goods and/or the provision of services, as well as any Specific Terms and Conditions that may apply.
LUA may, at any time and without prior notice, modify these General Terms of Use and Contracting as well as any Specific Terms by publishing such modifications on the website so that they may be known by the Users. Such modifications will not affect goods or promotions that were acquired by the User prior to the modification.
Information regarding compliance with the LOPDGDD and the use of cookies can be found in our privacy policy and cookie policy.
Any purchase made through the Website from LUA necessarily implies, as an essential, decisive, and indispensable condition, the User’s unreserved acceptance of LUA’s General Terms of Sale in force on the day the corresponding order is placed. Furthermore, the User acknowledges that acceptance of these terms will apply to the order in question, as well as to any subsequent orders, except in cases where new terms are communicated by LUA. The fact that LUA does not invoke any of these terms at a given time shall not be interpreted as, or imply, a waiver of the right to invoke them in the future or in the past.
Applicable law and competent jurisdiction: the interpretation and enforcement of these terms, as well as all acts resulting from them, shall be governed by Spanish law, unless there are mandatory public policy provisions to the contrary.
1.3 JURISDICTION AND COMPETENCE
In cases involving a consumer and user, the parties submit, for the resolution of disputes arising from these general terms of sale, to the civil courts corresponding to the consumer’s place of residence, in accordance with the applicable specific regulations.
For all other parties involved, territorial jurisdiction shall be determined by the general rules on the allocation of jurisdiction set out in Articles 50 and following of the Spanish Code of Civil Procedure.
2. USE OF THE LUA PLATFORM
LUA allows Brands to create campaigns that are then shared with Creators through the LUA Platform. Creators using the LUA Platform can respond to a Campaign by submitting an application. Creators receive benefits or compensation when:
1. In relation to paid compensation Campaigns, a Brand approves a Creator’s application to participate in the campaign, and the Creator subsequently publishes the Brand-approved content on their corresponding social media profile.
2. In relation to exchange-based compensation Campaigns, a Brand approves a Creator’s application to participate in the campaign.
To use the LUA Platform, Creators must apply to a campaign available through the LUA Platform, and Brands must request the registration of an Account through the website in the required manner. LUA reserves the right to reject or cancel an Account registration for any reason at its sole discretion. Any decision made by LUA is final and will not be subject to correspondence.
LUA reserves the right to monitor the LUA Platform in general, as well as all Account activity. If your Account shows signs of fraud, abuse, or suspicious activity, LUA may immediately close or freeze the Account. LUA reserves the right, at its sole discretion, to suspend or cancel your Account. LUA’s legal rights to seek damages or other compensation remain reserved.
3. SPECIFIC TERMS FOR BRANDS
To register a Brand Account, you must access our website, create an account in the required manner, select your preferred payment method, and provide payment details when requested. LUA may, at its sole discretion, implement a minimum spend requirement for Accounts. Brands can create two types of Campaigns using either paid compensation or exchange-based compensation for Creators. The Brand agrees to grant, with respect to all Content uploaded to the LUA Platform as part of a Campaign:
1. grant to LUA (and its agents) a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, and transferable license to use the Content for the purpose of marketing and promoting LUA (its products and services) in any manner, without further notice or consent from the Brand or any compensation paid to the Brand; and
2. grant the relevant Creator a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, and transferable license to post, share, comment on, and re-post the relevant Content as part of any approved Publication in accordance with these Terms of Use. The Brand acknowledges and agrees that the use of any Publication by the Brand is strictly conditioned upon the payment of the Publication Fees and only in accordance with these Terms of Use.
The Brand:
1. Agrees to these Terms of Use with LUA.
2. Will grant LUA the right to use its name, logo, and trademark on the LUA Platform. Likewise, LUA acknowledges the right to have its name associated with the client’s name for promotional purposes.
3. Will not provide any unlawful or immoral information that could in any way harm the reputation of LUA.
4. In relation to Campaigns: It will provide the corresponding benefit to each Creator for the approved content or approved application, as established in the specific Campaign.
5. Will ensure the security of all links and hyperlinks published.
6. Will verify the truthfulness, accuracy, and legality of the information provided. The Brand acknowledges that LUA is not obligated to verify these aspects and is therefore not responsible for the information published.
7. Will be responsible for maintaining the strict confidentiality of its Account details and any activity on its Account, and it will immediately notify LUA of any unauthorized use of its Account or any other security breach.
8. Will notify LUA in writing via email of any changes to its contact information.
9. Will hold LUA harmless from any claim, demand, or complaint by third parties arising from any breach on its part of these Terms of Use.
LUA reserves the right to unilaterally cancel Campaigns that do not comply with these conditions and to cancel the Account for any breach of these Terms of Use. For its part, LUA provides the Brand with access to the LUA Platform to carry out its Campaigns and have them filtered and directed to the Creator through the LUA Platform.
The Brand may request a refund of the available credit for use. Such credit will be refunded by LUA within the timeframes determined by LUA.
3.1 SERVICE COST AND PAYMENTS TERMS
The service includes an activation Fee, an annual Fee, and a Publication Fee per Creator depending on the type of campaign, as defined on the LUA Platform. The price for each billing period will be determined based on the category selected by the contracting Brand. Failure to pay for the service may result in its suspension. In the event of a returned direct debit not attributable to LUA, LUA reserves the right to charge the client for any fees incurred by the bank for the transaction (excluding taxes).
In relation to Campaigns: the Brand agrees to pay LUA all fees and charges applied to its Brand Account for the selected subscription, activation Fee, and/or the agreed Publication Fees incurred during use of the LUA Platform, in accordance with these Terms of Use. When purchasing credits on the LUA Platform, you agree to be an authorized user of the card or account designated in your Brand Account and to pay the applicable charges, confirming that the card or billing details provided are current, accurate, and complete, and that your card, designated account, or bank transfer will cover the full amount of the charges. When a Creator completes a Campaign, the Brand authorizes us to debit the corresponding Fee from its designated card or account (as applicable) to pay the relevant charges.
LUA reserves the right to revise the price or conditions of its services and will notify the client via email, using the Brand’s previously provided email address, of the new conditions at least 30 calendar days before the end of each agreed period.
3.2 PAID COMPENSATION CAMPAIGNS
In relation to paid compensation Campaigns, the Brand is solely responsible for reviewing and approving all Publications that are part of its Campaign and for paying the applicable Publication Fee to the Creator. LUA is in no way responsible for the content of any Publication. These Terms of Use shall apply to all transactions carried out through the LUA Platform.
Creators and Brands agree that they will not attempt to negotiate terms or payment between themselves outside of the LUA Platform. Without limiting any other rights or remedies available to LUA, any attempt to circumvent the LUA Platform may result in the removal of such Creators or Brands from the LUA Platform at LUA’s sole discretion. You may not remove any watermark or copyright included in any content from the LUA Platform.
If a Creator meets the requirements described in a Campaign and the Brand approves the Publication, the Brand will not withhold payment to LUA for the Publication. LUA will pay the Publication Fee to the Creator, unless the Creator has breached these Terms of Use. The Brand agrees that LUA is not responsible for any aspect of the Brand Content that Creators review, share, sponsor, or promote. The Brand acknowledges and agrees that LUA is not responsible for the content of any Publication.
The Brand acknowledges that Creators are independent third parties and are not directly controlled by LUA. As a result, any Publication may be subject to negative or unfavorable comments regarding the Brand’s content, products, or services. The Brand specifically acknowledges and agrees that LUA has no control over any Publication that may be posted and that the Brand is solely responsible (and assumes all responsibility and risk) for determining whether such Publication is acceptable and appropriate for the Brand.
The Brand acknowledges that LUA has made no guarantees regarding the success of any paid Campaign in relation to its business, commercial performance, or any other type of Publication or Campaign.
3.3 EXCHANGE-BASED COMPENSATION CAMPAIGNS
In relation to exchange-based compensation Campaigns, the Brand is solely responsible for reviewing and approving all applications that are part of its Campaign and for sending the corresponding compensation to the Creator. LUA is in no way responsible for the content of any Publication. These Terms of Use shall apply to all transactions carried out through the LUA Platform.
Creators and Brands agree that they will not attempt to negotiate terms between themselves outside of the LUA Platform. Without limiting any other rights or remedies available to LUA, any attempt to circumvent the LUA Platform may result in the removal of such Creators or Brands from the LUA Platform at LUA’s sole discretion. You may not violate any copyright included in any Content from the LUA Platform.
In the event that a Creator meets the requirements described in a Campaign and the Brands approve the Creator’s application, the Brands will not deny payment to LUA for the exchange nor deny sending the exchange to the selected Creator. The Brand agrees that LUA is not responsible for any aspect of the Brand’s Content that Creators review, share, sponsor, or promote. The Brand acknowledges and agrees that LUA is not responsible for the content of any publication.
The Brand acknowledges that Creators are independent third parties and are not directly controlled by LUA. As a result, any Publication may be subject to negative or unfavorable comments regarding the Brand’s content, products, or services. The Brand specifically acknowledges and agrees that LUA has no control over any Publication that may be posted and that the Brand is solely responsible (and assumes all responsibility and risk) for determining whether such a Creator profile application is acceptable and appropriate for the Brand.
The Brand acknowledges that LUA has made no guarantees regarding the success of any exchange Campaign in relation to its business, commercial performance, or any other type of Publication or Campaign.
4. ADDITIONAL TERMS
4.1 RIGHTS IN THE PUBLICATIONS
All rights, titles, and interests in all intellectual property rights of the publications will remain with or be granted to the Creator. Nothing in these Terms of Use for Creators and Brands shall be considered a transfer, assignment, or grant of any ownership rights in the Publications to any other party, including LUA or the Brand.
The Creator agrees to grant with respect to each and every Publication:
1. to LUA (and its agents) the right to edit and reformat the Publication into such formats or versions for use by LUA in the media that LUA requires in accordance with this clause;
2. to LUA (and its agents):
A. a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, and transferable license to use the Publication for the purpose of marketing and promoting LUA (and its products and services) in any manner, without further notification or consent from the Creator or any additional compensation to the Creator;
B. the right to use the Creator’s identity and actions in the publication and to communicate the publication to the public in all languages and across all media.
3. to the corresponding Brand (and its agents):
A. the right to share, comment on, and repost the relevant Publication organically on the social media account where the Publication was first posted, for a period of thirty (30) days, expiring at 11:59 p.m. on the thirtieth day after the Publication was first posted; and
B. the right to use the Creator’s Identity and actions in the Publication and to communicate the publication to the public in accordance with the above conditions and in any media or public relations activity published by a third party.
4.2 RIGHTS IN CONTENT LICENSES
The Content license provides the Creator with the opportunity to sell Content without the need for it to be published on their social media accounts. When the Creator agrees to sell Content, they are presented with the LUA Content Rights Terms document, which contains the terms and conditions for the assignment of Licensed Content to LUA. The Creator must accept the Content Rights Terms document each time they receive a Content license request.
The Creator agrees that all rights, titles, and interests in all Intellectual Property Rights in the Licensed Content are absolutely and unconditionally assigned to LUA under the terms and conditions set forth in the Content Rights Terms document, upon payment of the License Fee to the Creator. To avoid any doubt, the assignment of Intellectual Property Rights becomes effective only once the Creator accepts the Licensed Content.
The Creator acknowledges and agrees that, after the approval of the Licensed Content, the Content and all Intellectual Property Rights subsisting in the Licensed Content will irrevocably become the property of LUA. This assignment is absolute, worldwide, and for all uses and purposes, including but not limited to, the reassignment of the Licensed Content to any other person or entity (including a Brand), the granting of licenses for the Licensed Content to any other person or entity (including a Brand), making modifications, improvements, adaptations, or versions of the Licensed Content, creating derivative works, and including any release of the Licensed Content in any medium. The Creator must, at LUA’s request, execute all documents and take all actions necessary to transfer all intellectual property rights in the Licensed Content to LUA.
The Creator acknowledges and agrees that the Licensed Content must not be published on their social media or shared in any other way under any circumstances, including posting or commenting on the Content after LUA or a Brand has published or shared it. Upon approval of the Licensed Content, the Content becomes the property of LUA, in accordance with the Content Rights Terms document. The Creator will receive the agreed License Fee in return for this.
By accepting the Licensed Content, the Creator grants to LUA and its successors, licensees, and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all rights to the Content, and a genuine consent to LUA and its successors, licensees, and assigns, to use, trade, reproduce, publish, transmit, adapt, edit, alter, modify, or relocate the Content, whether in whole or in part, and whether alone or in combination with any other material.
5. CONTACT
You can contact LUA via:
Email: business@luagroup.com
Mail: C/Jacometrezo 15, 3D, 28013 Madrid, España
6. DEFINITIONS AND INTERPRETATION
The following terms in these Terms of Use have the meanings set forth below, unless otherwise stated:
1. LUA Platform means the Business Portal, the web platform for Creators, and any associated LUA property or website.
2. Account means a Brand account or a Creator account.
3. Brand means any person or entity, or their duly authorized agents or representatives, who use the LUA Platform for the purpose of creating Campaigns.
4. Creator means a user or Agency on behalf of a user, who controls and operates a social media account and accesses the LUA Platform to apply for Campaigns, create and distribute Posts, and receive compensation for such Posts or Content through the LUA Platform.
5. Campaign means a compensation campaign through payment or product exchange compensation for creators, created by a brand through the LUA Platform.
6. Content means a Post or any other content or material uploaded to the LUA Platform by a Brand or a Creator.
7. Licensed Content means content created by a Creator whose License has been acquired by a Brand.
8. Post means a Post or any other content or material uploaded to the Creator’s social media accounts.
9. License Fees means the fee, as indicated on the LUA Platform, that will be paid to a Creator for the license of a Licensed Content selected by the Brand.
10. Posting Fees means the fee that a Creator or LUA designates as the amount to be charged to a Brand for sharing a post.
Warning: The original and legally binding version of this document is written in Spanish. If it is translated into other languages by individuals who are not native Spanish speakers or by software, there may be discrepancies between the Spanish version and the translated version. In such cases, the Spanish version prevails over the translated version.
