TERMS AND CONDITIONS

 

1.- Prior information.

These Terms and Conditions regulate the use of functionalities provided on the Platform https://tropemc.org/ (hereinafter, the “Platform”) owned by TROPE MC LLC (hereinafter, “TROPE MC”) with EIN number 32-0780450 and registered office at 1209 MOUNTAIN ROAD PL NE STE N ALBUQUERQUE, NEW MEXICO 87110, UNITED STATES

By accessing and/or using the Platform, you accept these Terms and Conditions, as well as the different modifications and/or additional legal texts that AIR MEDIAS may include in the future.

For any questions and/or complaints you can contact us at the following e-mail address: support@tropemc.org

2.- Object

This Platform has been developed by TROPE MC with the purpose of providing an online space designed to promote the meeting, communication and creation of links between users (hereinafter, “Users”) who wish to interact freely and voluntarily, with TROPE MC acting as a mere intermediary in the relationships that may be established between Users

In addition, the Platform may offer restricted access functionalities through subscription, which will allow Users to access complementary services, such as participation in forums, the use of advanced interaction tools, or the obtaining of specific advantages linked to the use of the Platform.

3.- Acceptance of the Terms and Conditions of contracting and access to the Platform.

By accessing the TROPE MC Platform and using its services, Users accept these Terms and Conditions. These are the only Terms and Conditions of engagement of TROPE MC services applicable to the use of the Platform and supersede any other terms and conditions.

Therefore, if Users do not accept these Terms and Conditions, they may not access or use TROPE MC services.

By accepting these Terms and Conditions, the User declares to be over 18 years of age and to have the legal capacity to become a user of the Platform and to use its services.

4.- Use of the Platform and User obligations.

In order for Users to enjoy the Services offered through the Platform, the following must be taken into account:

4.1. User Registration on the Platform.

Users must register and register on the Platform by creating a personal account using the form provided for this purpose on the Platform. Registration on the Platform is free of charge. This account is exclusive to the User of the same and, therefore, is not transferable to third parties.

To register on TROPE MC, the User must complete a registration form which will require personal data such as name, surname, email address, age, image, sex, phone number, etc..

In order to register on the Platform, it will not be obligatory to enter bank details, but it will be necessary when the User wishes to enjoy the premium services offered by the Platform by subscription.

Likewise, in order to obtain this personal account, Users must be of legal age, as well as provide the information required in the aforementioned registration form. This information must be up to date and truthful.

In this sense, Users assume full responsibility for their use of the Platform. The Platform may provide Users with access to a large amount of text, graphics, photography, multimedia content and information (hereinafter, the ‘Content’) belonging to TROPE MC or third parties.

Without limitation, Users agree not to use such Content or services to:

  1. Make unauthorised or fraudulent use of the Platform;
  2. Access or attempt to access restricted resources of the Platform;
  3. Use the Platform for purposes that are unlawful, illegal and/or contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden or impair the normal use or enjoyment of the Platform;
  4. Cause damage to the Platform or third party systems;
  5. Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the systems of TROPE MC or third parties;
  6. Attempt to access, use and/or manipulate the data of TROPE MC, other Users or third parties;
  7. Reproduce, copy, distribute, transform or modify the contents, allowing access to third parties through any form of public communication, unless authorised by the holder of the corresponding rights or it is legally permitted;
  8. Obtain or attempt to obtain the contents by means or procedures other than those that, where appropriate, have been made available for that purpose; and
  9. Attempt to access and/or use the email accounts of other Users and/or modify or manipulate their messages.

In addition, Users undertake to keep the information in their account accurate, complete and up to date.

TROPE MC will facilitate the use of personal passwords to the User who registers as such on the Platform. This password will be used to access a User account from which you can enjoy the services provided by TROPE MC.

Users must use their User account responsibly and keep the confidentiality of the User name and/or password that allows access to their account in order to avoid its use by unauthorised third parties.

By virtue of the foregoing, Users shall immediately notify TROPE MC. by e-mail at the following address: support@tropemc.org any misuse of their User name and/or password, due to circumstances such as forgetting, theft, loss or unauthorised access thereto, in order that TROPE MC may proceed to their cancellation or blocking and/or disabling as soon as it becomes aware of the misuse of their User Account.

TROPE MC reserves the right to terminate those Users who are misusing their User account, performing fraudulent acts or acts that harm or may harm TROPE MC, as well as the introduction of false or incomplete personal information required that makes it impossible or difficult the proper development and operation of the services offered on the Platform.

In the event that TROPE MC detects any anomaly or there are reasonable grounds that a User is carrying out any of the aforementioned acts that contravene good faith and these Terms and Conditions, TROPE MC reserves the right to terminate the User, including all those Users who have benefited directly or indirectly from such actions, and may also exercise all legal actions that may apply, being the User responsible for the costs that such acts may cause, as well as for the damages caused.

In this sense, TROPE MC declares that it has enabled suitable mechanisms to detect any possible fraudulent, anomalous or fraudulent action that seeks to alter the conditions for the use of the User’s account.

4.2. Contracting the services offered by TROPE MC.

Access to and use of the TROPE MC Platform are offered free of charge, allowing Users to register, create a profile and access the basic functionalities that allow interaction within the digital environment provided by the Platform.

Notwithstanding the foregoing, TROPE MC offers Users the possibility of contracting additional services by subscription, which grant access to complementary functionalities or exclusive advantages, such as access to forums, advanced communication tools, improvements in profile visibility or any other benefit that may be included in the subscription.

TROPE MC reserves the right to update, modify or remove at any time the functionalities included in the free or subscription mode, duly informing the User in the event that this affects their experience or acquired rights.

4.3. Premium Service.

The Platform offers Users the possibility of accessing certain services or exclusive functionalities by contracting a paid subscription.

This subscription allows users to enjoy additional benefits over the basic free use, such as (but not limited to): access to private forums, profile visibility priority, advanced contact functionalities, or other advantages that may be implemented in the future.

Once the registration process is completed, the registered User will be automatically redirected to the pricing table, where the different subscription options available will be displayed.

The User can select, depending on the subscription time and format, between different subscription modalities:

  • Weekly payment (Town Plan) for the price of twenty-six and ninety-nine US dollars ($26.99) per week.
  • Monthly payment (Court Plan) for the price of forty-four and ninety-nine US dollars ($44.99) per month.
  • Quarterly payment (Realm Plan) for the price of eighty-four and ninety-nine US dollars ($84.99) every three months..

The subscription will be renewed automatically at the end of each selected period.

In addition, the User may make one-time purchases of packages of book recommendations and may select from the following packages:

  • Package of three (3) book recommendations for seven and sixtysix US dollars ($7.66).
  • Package of twelve (12) book recommendations for twenty-one and twenty-nine US dollars ($21.29).
  • Package of fifty (50) book recommendations for fifty-nine and ninety-seven US dollars ($59.97).

The one-off purchase of book recommendation packages is not automatically renewed.

The User will select the desired subscription option and will be redirected to the external payment gateway to formalise the payment process.

Once the payment is completed, access to the Platform and the contracted Services will be automatically granted.

Cancellation of subscription.

The User may cancel his/her subscription at any time through his/her profile, by accessing the ‘Settings’ section, selecting the “Subscription” section and clicking on the ‘Cancel subscription’ option. The cancellation will take effect at the end of the current subscription period, without giving rise to any right to reimbursement for the period already invoiced or not consumed.

4.4. With respect to the use of the Service by the User.

Once the data requested through the registration form has been incorporated and in order to proceed to enable the User’s account on the Platform, the User must give his/her consent by accepting the Privacy Policy and these Terms and Conditions so that TROPE MC can access the data provided in order to proceed with the contracting of the required service.

4.5. Operation of TROPE MC.

The Platform makes available to Users a digital environment that allows the creation of profiles, access to content published by other Users and interaction with them through enabled features such as messaging, search, viewing profiles, participation in forums or other social tools that may be incorporated in the future.

TROPE MC acts as an intermediary and does not intervene in communications, contacts or relationships that may be established between Users through the Platform. The User is solely responsible for the content they publish, the contacts they maintain and the decisions they make within the Platform environment.

The Platform may be updated periodically in order to improve its operation, correct errors or introduce new features. In this sense, TROPE MC does not guarantee the uninterrupted availability of the service, and may be temporarily suspended for technical reasons, maintenance or force majeure, without this giving rise to any right to compensation for the User.

5.- Financial terms applicable to Users.

All prices for the required service indicated through the Platform are originally expressed in US Dollars (USD), or sometimes at the equivalent exchange rate of the currency of the country in which each User has established his or her Apple Store or Google Play Store account. Such prices include, where applicable, applicable taxes (such as VAT) and are subject to change at any time.

Also, in order to proceed with the payment of the services offered by TROPE MC, Users must be of legal age and have sufficient legal capacity to enter into this contract with TROPE MC.

6.- Right of withdrawal

In accordance with Article 9 of Directive 2011/83/EU, ‘the Consumer shall have a period of 14 days to withdraw from a distance or off-premises contract, without stating the reason and without incurring any cost’.

However, according to Article 16 m) of that Directive, the right of withdrawal shall not apply if the User has given his prior express consent for the performance of the service to begin during the withdrawal period, and has acknowledged that he consequently loses his right of withdrawal once the provision of the digital service has started.

7.- Guarantees and Liability

By agreeing to these Terms and Conditions of Use, Users represent that they are of legal age and that they will hold TROPE MC harmless from any and all claims against TROPE MC, its directors, partners, employees, attorneys and agents arising out of Users’ failure to comply with:

  1. Any provision contained in these Terms and Conditions or any law or regulation;
  2. Any damage or injury caused by the User to another or any third party; and
  3. Failure to comply with the permitted use of the Platform.

In any case, TROPE MC shall only be liable for damages that may be suffered by Users as a result of wilful or grossly negligent action by this company, in connection with access to the Platform, the provision of its services, as well as the use of content, tools and functionalities.

In this sense, TROPE MC is not responsible for:

  1. Incidents caused by the User’s lack of due diligence or improper use of the Platform when making payments.
  2. Illegal, negligent, fraudulent, contrary to the terms of these Terms and Conditions, or contrary to good faith, use of the Platform.
  3. Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Platform as a result of power restrictions, blocking of telecommunications or Internet network, actions or omissions of third parties, telecommunications operators or service companies, or any other causes or circumstances beyond the control of TROPE MC that prevent the normal use of the Platform.

TROPE MC also assumes no liability for the cancellation or suspension of services on the Platform for reasons not attributable to it. Therefore, if (i) the use of the Platform or (ii) the transmission of data through the same should give rise to damage or damage to the User’s hardware or software, TROPE MC shall be liable for the same insofar as it is proven that such damage has been directly and solely caused by the Platform.

In any case, TROPE MC undertakes to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.

7.1. Prohibited Content

TROPE MC does not permit or tolerate the posting of objectionable or abusive content by Users. In this regard, but not limited to, TROPE MC prohibits the uploading or sharing of content that:

  1. May be considered offensive, intimidating or that may cause psychological, emotional or moral harm to other Users;
  2. Contains material of a sexually explicit, pornographic, violent, obscene or nudity nature, without proper context or consent;
  3. Is threatening, abusive, discriminatory or incites hatred, violence or exclusion based on race, gender, religion, or other personal or social conditions;
  4. Promotes or facilitates the commission of unlawful acts, including, but not limited to, terrorist conduct, incitement to hatred or criminal activity of any kind;
  5. Stimulates or normalises conduct that is dangerous or harmful to health or physical and psychological integrity;
  6. Is defamatory, libellous, slanderous, libellous or manifestly false;
  7. Has an unauthorised commercial purpose, such as offers of products or services, surreptitious advertising, solicitation of Users, solicitation of services, proposals of economic relationships (such as ‘sugar daddy’) or any activity linked to sex work;
  8. Involves the dissemination of unsolicited bulk content (spam), or any attempt to manipulate the operation of the Platform;
  9. Contains malicious software or files that may damage, alter or harm the computer systems, devices, networks or data integrity of other Users or TROPE MC;
  10. Infringe third party rights, including intellectual property, industrial, image or privacy rights;
  11. Use images of identifiable persons without their express consent, especially if they are minors or persons in vulnerable situations;
  12. Shows or insinuates the participation of minors in inappropriate, sexual or potentially harmful contexts, even if they appear dressed or in the presence of adults;
  13. Is incompatible with the nature and legitimate purpose of the Platform, and involves a deviant, fraudulent or manipulative use of the service;
  14. May undermine the image, reputation or good name of TROPE MC or its associated entities, including content that publicly discredits the service or promotes its inappropriate use.
  15. The publication or dissemination of any of these contents may give rise, without prior notice, to the temporary suspension or definitive cancellation of the User’s account, as well as the adoption of technical, contractual or legal measures necessary to preserve the security and integrity of the Platform and its Users.

8.- Rights of the User and the Platform.

TROPE MC grants the User a limited, personal, non-exclusive, non-transferable and irrevocable licence to access and use the Platform and its functionalities, in accordance with its intended purpose and in accordance with these Terms and Conditions, as well as with the applicable regulations.

This licence is granted exclusively for the User’s personal and non-commercial use, and any use of the Platform that is not expressly authorised or that contravenes the provisions of these Terms is expressly prohibited.

This licence may be automatically revoked in the event of non-compliance by the User with the obligations established in this document or in the applicable legislation.

For its part, the User is and shall remain the owner of all rights to the content it generates, publishes or shares through the Platform, including text, images, video or data or any other material.

However, by posting such content, the User grants TROPE MC a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, indefinite license to store, host, reproduce, distribute, publicly communicate, transform, adapt, translate, display, modify or use such content to the extent necessary to:

  • Enable the technical operation of the Platform and its functionalities;
  • Promote TROPE MC services, including digital marketing channels, social networks or other media;
  • Prevent improper or unauthorised use of the content;
  • Comply with legal obligations or requirements of competent authorities.

This license will be strictly limited to the scope and purpose of the service, and will always respect the fundamental rights of the User, including the protection of his image and personal data, in accordance with Regulation (EU) 2016/679 (GDPR) and other applicable legislation.

The User also authorizes TROPE MC to act on their behalf, if necessary, to protect their rights against third parties that use their content illegally outside the Platform, including the sending of requests for withdrawal under current intellectual property law. This authorization does not imply any obligation on the part of TROPE MC to exercise legal or extrajudicial actions on behalf of the User.

9.- Intellectual and industrial property relating to the Platform.

All rights to the content, design and source code of the Platform and, in particular, without limitation, all rights to photographs, images, texts, logos, designs, brands, trade names, data included in the Platform and any other intellectual and industrial property rights, are the property of TROPE MC, or third parties that have expressly authorized TROPE MC for use thereof on the Platform.

Under the provisions of European intellectual property law, and in particular under Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, on the harmonisation of certain aspects of copyright and neighbouring rights in the information society, as well as Directive (EU) 2015/2436 on the approximation of the laws of the Member States relating to trade marks, reproduction, distribution, public communication -including the mode of making available-, transformation, translation, adaptation, transmission or any other form of exploitation, in whole or in part, of the contents of this Platform is expressly prohibited, by any means or technical support, except prior and express authorization granted in writing by TROPE MC.

TROPE MC does not grant any license or authorization of use of any kind on its intellectual property rights or on any other property or right related to the Platform, and that in no case will be understood that the navigation access of the Users implies a renunciation, transmission, license or total or partial assignment of these rights by TROPE MC.

Any use of such content not previously authorized by TROPE MC will be considered a serious breach of intellectual property rights and will give rise to legally established responsibilities.

10.- Personal Data Protection

TROPE MC guarantees the security and confidentiality of the personal data provided by Creators in compliance with the provisions of Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter “GDPR”)

TROPE MC will process the User’s personal data, as well as those deposited on the Platform, to be able to execute the contractual relationship in accordance with the provisions of article 6.1.b) of the GDPR.

For its part, the User undertakes to maintain absolute secrecy and confidentiality with respect to the personal data it deposits and to which it has access during the use of the Platform.

Individuals whose personal data is processed by TROPE MC may exercise their rights at the following email address support@tropemc.org indicating the reason for their request. For further information, the rights referred to above are:

  1. Access their personal data;
  2. Request rectification of any inaccurate data;
  3. Request the deletion of their data;
  4. Request the restriction of the processing of their data;
  5. Oppose the processing of their data;
  6. Request portability of their data;
  7. Users shall also have the right not to be subject to decisions based solely on automated data processing.

The User’s personal data will be kept for as long as they remain in the TROPE MC database for the purposes of processing for which they have been provided, provided that the User has not revoked his consent, requesting the deletion of your account or the deletion of certain personal data deposited on the Platform. Subsequently, if necessary, TROPE MC will keep the information blocked by legally established deadlines.

The User can find more information in the Privacy Policy.

11.- Safeguard clause.

All clauses or items of these Terms and Conditions must be interpreted independently and autonomously, without affecting the rest of the stipulations in the event that one of them has been declared null and void by court judgment or arbitration decision. The clause or clauses affected shall be replaced by another clause or clauses which preserve the intended effects of the conditions of use.

12.- Right of exclusión.

TROPE MC reserves the right to deny or withdraw access to the Platform and the services offered without prior notice, at its own request or that of a third party, to those users who violate these Terms and Conditions of Use of the Platform, without the right to claim those amounts that have been previously paid to TROPE MC and regardless of whether they have not been enjoyed due to the inappropriate behavior of the User on the Platform.

TROPE MC may also monitor and investigate any content that the User posts on the Platform, and TROPE MC may remove any content in whole or in part that violates these Terms and Conditions, as well as deny access to the User if the breach of these Terms and Conditions is of a serious nature.

13.- Contractual assignment.

The User may not assign their rights and obligations under these Terms and Conditions to third parties without the prior written consent of TROPE MC.

Likewise, TROPE MC may not assign its contractual position derived from these Terms and Conditions to any third party.

14.- Amendments.

The information displayed in the Application is current as of the date of its last update. TROPE MC reserves the right to update, modify or delete the information contained on the Platform, being able to use this option at any time and without prior notice to the Users with the aim of always improving the Services offered, but undertakes to put the necessary means to notify Users in advance whenever possible.

15.- Notifications.

TROPE MC may make the appropriate notifications to Users in relation to the Services offered by TROPE MC on the Platform, through the e-mail address provided by them in the Registration Form of the Platform, as well as through SMS, and/or any other telematic means of communication which may become available in the future.

TROPE MC may also establish communication with Users, through one of the means of communication set out in the previous paragraph, to send them information of interest regarding the Services offered on the Platform, and this in accordance with the Privacy Policy of TROPE MC.

18.- Applicable law and jurisdiction.

These Terms and Conditions of the TROPE MC Application will be governed by the corresponding European regulations.

The parties, in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, are subject to the Courts and Tribunals of the User’s place of residence.

TROPE MC