The following Terms of Use shall govern the provision of the services that NUMUCORP SPAIN SL (hereinafter, LUA) shall provide through this Website (hereinafter, the Website). LUA’s details are as follows:
– REGISTERED NAME: NUMUCORP SPAIN SL
– IDENTIFICATION NUMBER: B90429044
1. GENERAL TERMS AND CONDITIONS
These general conditions apply strictly to all services offered via the Web by LUA. The LUA Platform is owned and operated by LUA. By using the LUA Platform, you agree to these Terms of Use of the LUA Platform.
1.1 ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE AND CONTRACTING OF THE WEBSITE
The following is the contractual document that will govern the contracting 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 comprehends what is set forth herein.
2. That he/she is a person with sufficient capacity to contract.
3. That he/she assumes all the obligations set forth herein.
The present conditions will have an indefinite period of validity and will be applicable to all the contracts made through the Website www.luagroup.com.
The purpose of these General Conditions of Use and Contracting of the LUA website, together with the Particular Conditions that may be established, is to provide the User with the necessary information and to regulate the commercial relations that may arise between LUA and the Users of the website.
The navigation, registration, use and/or acquisition of any of the products of the website, implies the acceptance as User, without reservations of any kind, of each and every one of the present General Conditions of Use and Contracting that may govern the acquisition of the goods and/or the provision of the services, as well as, if applicable, of the Particular Conditions, if any.
LUA may, at any time and without prior notice, modify these General Conditions of Use and Contracting and the Special Conditions by publishing such modifications on the website so that they may be known by the Users. Such modification shall not affect the goods or promotions that were acquired by the User prior to the modification.
Information regarding compliance with the LOPDGDD and cookies can be found in our privacy policy and cookies policy.
Any purchase made via the Web from LUA necessarily implies, as an essential, determining and indispensable condition, the unreserved acceptance by the User of LUA’s General Terms and Conditions of Sale in force on the day on which the corresponding order is placed. Furthermore, the User acknowledges that the acceptance of these conditions shall imply their application to the order to which they refer, as well as to any subsequent order, with the exception of those cases in which new conditions are brought to the User’s attention by LUA. LUA’s failure at any time to have recourse to any of these terms and conditions shall not be construed or interpreted as a waiver of any future or past recourse to these terms and conditions.
Applicable law and competent jurisdiction: the interpretation and execution of the conditions, as well as all acts resulting from them, shall be subject to Spanish law, unless there are public policy provisions to the contrary.
1.2 OUT-OF-COURT SETTLEMENT OF DISPUTES (RESOLUTION PROCEDURES)
Disputes between the parties that may arise from contracts concluded exclusively by electronic means may be settled out of court through the online dispute resolution platform published by the European Commission, where you will find all the information necessary to exercise the corresponding actions.
The link to the platform from which you can exercise the corresponding claim is as follows:
1.3 JURISDICTION AND COMPETENCE
In the event that a consumer and user is involved, the parties submit, for the resolution of disputes arising from these general conditions of sale, to the Courts and Tribunals of the civil order corresponding to the domicile of the consumer, under its specific regulations.
For the rest of the intervening parties, the territorial jurisdiction will be determined by the general rules of distribution of jurisdiction, contained in articles 50 and following of the Law 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 applying through a request. Creators earn benefits or compensation when:
1. In relation to Paid Compensation Campaigns, a BRAND approves a Creator’s application to participate in the Campaign, and such Creator subsequently posts on its relevant social network profile the content approved by the BRAND.
2. In relation to Product Compensation Campaigns, a BRAND approves a Creator’s request to participate in the campaign.
To use the LUA Platform, Creators must apply to a campaign available through the LUA Platform and Brands must apply to register an Account through the website in the required manner. LUA reserves the right to refuse or cancel the registration of an Account for any reason in its sole discretion. Any decision by NUMU is final and no correspondence will be entered into.
LUA reserves the right to monitor the LUA Platform in general and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, LUA may close or freeze the Account immediately. LUA reserves the right and absolute discretion to suspend or terminate your Account. LUA statutory rights to recover damages or other relief are reserved.
3. SPECIAL CONDITIONS FOR BRANDS
To register a BRAND Account, you must access our website and create an account as required and select your preferred payment method and provide payment details when prompted. LUA may, at its sole discretion, implement a minimum charge for Accounts. BRANDS may create two types of Campaigns using either paid compensation or product compensation Campaigns for Creators. 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 free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Content for the purpose of marketing and promoting LUA (its products and services) in any manner, without further notice to or consent of the BRAND or any compensation paid to the BRAND; and
2. grant to the relevant Creator a free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to publish, share, comment on and republish the relevant Content as part of any Publication approved in accordance with these Terms of Use. BRAND acknowledges and agrees that BRAND’s use of any Publication is strictly conditioned upon payment of the Publication Fees and only in accordance with these Terms of Use.
The BRAND:
1. You agree to these Terms of Use with LUA.
2. You grant LUA the right to use your name, logo and trademark on the LUA Platform. In addition, LUA acknowledges the right to have its name linked to the customer’s name for promotional purposes.
3. You will not give unlawful or immoral information that may in any way damage the prestige of LUA.
4. In relation to Campaigns: It will provide the benefit that corresponds to each Creator for the approved content or approved request as established in the specific Campaign.
5. Guarantee the security of the links and hyperlinks published.
6. It will verify the truthfulness, accuracy and legality of the information provided. The BRAND declares that it is aware that LUA is not obliged to verify these points and is therefore not responsible for the information published.
7. You will be responsible for maintaining strict confidentiality of your Account details and any activity on your Account and will immediately notify LUA of any unauthorized use of your Account or any other breach of security.
8. You will notify LUA in writing by mail of any change in contact information.
9. You will hold LUA harmless against any third party claim, suit or complaint arising out of any breach by you of these Terms of Use.
LUA reserves the right to unilaterally terminate Campaigns that do not comply with these conditions and to terminate the Account for breach of these Terms of Use. For its part, NUMU makes the NUMU Platform available to the Brand to carry out its Campaigns and to have them filtered and sent to the Creator through the NUMU Platform.
The BRAND may request reimbursement of the credit it has available for use. Said credit will be reimbursed by LUA in the terms determined by LUA.
3.1 SERVICE COST AND PAYMENT CONDITIONS
The service has an Activation Fee, an Annual Fee and a Post Fee per Creator depending on the type of campaign, defined in the LUA platform. The price for each billing period will be determined according to the category selected by the contracting BRAND. Failure to pay for the service may result in its interruption. In the event of a return of the direct debit for reasons not attributable to LUA, LUA reserves the right to deliver to the customer the costs passed on to LUA by the bank for the transactions (taxes not included).
In relation to Campaigns: the BRAND agrees to pay to LUA all fees and charges made to its Brand Account for the selected subscription, Activation Fee and/or the agreed Post Fees during the use of the LUA Platform, in accordance with these Terms of Use. When you apply for credits on the LUA Platform, you agree that you are an authorized user of the card or nominated account in your BRAND Account and to pay the applicable charges, that the card or invoice details provided are current, correct and complete and that your card, nominated account or bank transfer will cover the full amount of the charges. When a Creator completes the Campaign, the BRAND authorizes us to debit the applicable Fee from your card or nominated account (as applicable) to pay any applicable charges.
LUA reserves the right to revise the price or terms of its services and will notify the customer via email to the BRAND email address indicated above of the new terms at least 30 calendar days prior to the expiration of each agreed period.
3.2 PAID COMPENSATION CAMPAIGNS
In relation to Paid Compensation Campaigns, the applicable BRAND is solely responsible for reviewing and approving all Posts that are part of its Campaign and for payment of the applicable Post Fee to the Publisher. LUA is in no way responsible for the content of any Posts. These Terms of Use shall apply to all transactions conducted through the LUA Platform.
Creators and BRANDS agree that they will not attempt to negotiate terms or payment between them 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 in LUA’s sole discretion. You may not remove any watermarks or copyrights included in any content on the LUA Platform.
In the event that a Creator meets the requirements described in a Campaign and the BRANDS approve the Post, the BRANDS will not deny payment to LUA for the Post. LUA will pay the Post Fee to the Creator, unless the Creator has breached these Terms of Use. BRAND agrees that LUA is not responsible for any aspect of the BRAND Content that Creators review, share, sponsor or advertise. The BRAND acknowledges and agrees that LUA is not responsible for the content of any post.
BRAND acknowledges that the Creators are independent third parties and not directly controlled by LUA. As a result, any Post will run the risk of receiving negative or unflattering comments about the Brand’s content, products or services. Brand specifically acknowledges and agrees that LUA has no control over any Post that may be published and that Brand is solely responsible (and assumes all responsibility and risk) for determining whether such Post is acceptable and appropriate for Brand.
BRAND acknowledges that LUA has not made any warranties with respect to the success of any paid Campaign with respect to its business or business performance or any other type of Post or Campaign.
3.3 PRODUCT COMPENSATION CAMPAIGNS
In relation to Product Compensation Campaigns, the applicable BRAND is solely responsible for reviewing and approving all requests that are part of its Campaign and for sending the appropriate compensation to the Creator. LUA is in no way responsible for the content of any Post. These Terms of Use shall apply to all transactions conducted 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 in LUA’s sole discretion. You may not infringe any copyright contained in any Content on the NUMU Platform.
In the event that a Creator meets the requirements described in a Campaign and the Brands approve the Creator’s request, the Brands will not deny payment to LUA for product or deny sending such product to the selected Creator. BRAND agrees that LUA is not responsible for any aspect of the Brand Content that Creators review, share, sponsor or advertise. BRAND acknowledges and agrees that LUA is not responsible for the content of any post.
BRAND acknowledges that the Creators are independent third parties and not directly controlled by LUA. As a result, any Post will run the risk of receiving negative or unflattering comments about the Brand’s content, products or services. The BRAND specifically acknowledges and agrees that LUA has no control over any Post that may be published and that the BRAND is solely responsible (and assumes all responsibility and risk) for determining whether such a request for a Creator profile is acceptable and appropriate for the BRAND.
The BRAND acknowledges that LUA has not made any warranties with respect to the success of any Product Campaign with respect to its business or business performance or any other type of Post or Campaign.
4. ADDITIONAL TERMS AND CONDITIONS
4.1 RIGHTS IN THE POSTS
All right, title and interest in and to all intellectual property rights in the Posts shall remain vested in or be vested in the Creator. Nothing in these Terms of Use for Creators and BRAND shall be deemed a transfer, assignment or grant of any ownership rights in the Posts to any other party, including LUA or the BRAND.
The Creator agrees to grant with respect to each and every Post:
1. to LUA (and its agents) the right to edit and reformat the Post in such formats or versions for use by LUA in such media as LUA may require in accordance with this clause;
2. to LUA (and its agents):
A. a free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Post for the purpose of marketing and promoting LUA (and its products and services) in any manner, without further notice to or consent of the Creator or any other compensation to the Creator;
B. the right to use the Creator’s identity and actions in the Post and to communicate the Post to the public in all languages and in all media.
3. to the applicable BRAND (and its agents):
A. the right to organically share, comment on and republish the relevant Post on the social media account on which the Post was published, for a period of thirty (30) days expiring at 11:59 p.m. on the thirtieth day after the Post was published. first published; and
B. the right to use the Creator’s Identity and shares in the Post and to communicate the Post to the public in accordance with the foregoing terms and conditions and in any media or public relations activity published by a third party.
4.2 RIGHTS IN CONTENT LICENSES
The Content license gives the Creator the opportunity to sell Content without the need for its post on its social media accounts. When the Creator agrees to sell Content, the Creator is presented with LUA’s Content Rights Terms document, which contains the terms and conditions for the assignment of Licensed Content to LUA. Creator must agree to the Content Rights Terms document each time it receives a request to license Content.
Creator agrees that all right, title and interest in all Intellectual Property Rights in the Licensed Content are assigned absolutely and unconditionally to LUA on the terms and conditions set forth in the Content Rights Terms document, upon payment to Creator of the License Fee. For the avoidance of doubt, the assignment of Intellectual Property Rights is only effective upon acceptance of the Licensed Content by the Creator.
Creator acknowledges and agrees that upon approval of the Licensed Content, the Licensed Content and all Intellectual Property Rights subsisting in the Licensed Content irrevocably become the property of LUA. This assignment is absolute, worldwide and for all uses and purposes, including without limitation, reassigning the Licensed Content to any other person or entity (including a BRAND), licensing the Licensed Content to any other person or entity (including a BRAND), making modifications, enhancements, adaptations or versions of the Licensed Content, creating derivative works and including any release of the Licensed Content in any media. Creator shall, at NUMU’s request, execute all documents and perform all acts necessary to vest all intellectual property rights in the Licensed Content in Numu.
Creator acknowledges and agrees that the Licensed Content must not be posted on its social networks or otherwise published in any other manner under any circumstances, including posting or commenting on the Content after LUA or a BRAND has posted or shared it. Upon approval of the Licensed Content, the Content becomes the property of LUA in accordance with the Content Rights Term document. The Creator will receive in return the License Fee agreed upon in the Campaign.
By accepting the Licensed Content, the Creator grants to LUA and its successors, licensees and assigns, to the fullest extent permitted by law, an unconditional and irrevocable waiver of all rights in the Content, and genuine consent to LUA and its successors licensees and assigns, to use, trade, reproduce, publish, transmit, adapt, edit, change, modify or repost the Content, whether in whole or in part, and whether alone or in combination with any other material.
5. CONTACT
You may contact LUA via:
Email: business@luagroupmail.com
Mail: C/Jacometrezo 15, 3D, 28013 Madrid, Spain
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 Enterprise Portal, the web-based 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, using 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 who agrees to use the LUA Platform to apply for Campaigns and to 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 compensation through product to 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 a Creator’s social media accounts.
9. License Fees means the fee, as stated on the LUA Platform, to be paid to a Creator for the license of a Licensed Content selected by the BRAND.
10. Post Fees means the fee that a Creator or LUA designates as the amount it will charge a BRAND for sharing a post.
Disclaimer: The original and legally binding version of this document is written in Spanish. If translated into other languages by non-native Spanish speakers or software, there may be discrepancies between the Spanish version and the translated version. If so, the Spanish version supersedes the translated version.
