GENERALS CONDITIONS OF USED AND RESPONSALITYS.

1.Legal Advice

By this notice, Cruising LLC holder of the application Cruising Regulates the use of the application service Cruising or Cruising which is offered to the users of.

The use of the application and the reading of the exposed general conditions exposed, assumes full and express acceptance by the user, assuming full responsibility for the total or partial breach of the provisions of these terms and of the legal and / or judicial actions that may arise as a result of this violation.

Cruising LLC reserves the right to modify the present general conditions, in order to bring them in line with the company's corporate activities, the current legislation effective at all times, jurisprudential novelties and common market practices.

2.CONDITION, QUALITY AND USER CONCEPT.

• For the user, means any person or entity that accesses the application and any of its interior sections to
• contemplate, discern, investigate, search or see its contents
  
• establish contact with other users
  
• Upload images, photographs, videos, drawings, texts and other files
  
• Add comments and share opinions.
  
• Participate in forums and debates
  
• Share External links to the application
  
• Search, locate and contact other users
  
• Share the content available on the application

One can freely access the application and observe its contents. However, the access to some sections will require prior registration , expressed and accepted as a registered user of this application, and the user must communicate his/her personal information by completing the relevant registration.

Also, to register as a registered user, one must accept the terms of use of this application

3.IMAGE RIGHTS AND INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHT OF THE USERS AND THE COMPANY

The user can upload and post pictures to show people, videos, photographs, voice recordings, and make links. Also one can post comments, opinions, drawings, news and / or stories

In this sense, the user is aware, assumes the risk and / or responsibility and authorizes that all images of people, videos, photographs, recordings, voices, names, faces, physical traits, texts, opinions, comments, drawings, writings and manifestations, regardless of medium whatsoever, may be observed by any registered user and removes any liability from Cruising LLC for the use of such information by other users and from the legal actions that could be undertaken by any third party against Cruising LLC.

The user agrees not to delete, modify, plagiarize or alter any distinctive sign, mark, trade name, caption, graphics, text, drawings, comments and / or logo. The user agrees that the access to the portal and its content does not give any rights to its property, or to its alteration or modification, nor to exploite, misappropriate, trade, or perform any act of denigration, confusion, use of reputation, or any act of unfair competition in violation of industrial property rights of Cruising LLC and / or the users.

Thus, the user agrees to use this information only for his/her own needs, and not to carry out, directly or indirectly, any commercial exploitation of content, content, or any other action affecting the rights of industrial property and copyright of their owners. The user also agrees not to suggest or encourage any third party or third parties competitors to Cruising LLC to carry out activities prohibited by law or activities of unfair competition.

The user gives his consent and agree that Cruising LLC, has the rights to the use of photographs or video-graphic material, writings, opinions, comments, drawings and authorizes the right to use, develop, record, play, communicate, distribute the publish, sell, transfer, publicly display and present in the application and authorizes Cruising LLC to make changes in the same at his discretion in order to upload in the application

4.CONDITIONS OF ACCESS AND USE OF THE APPLICATION. USER OBLIGATIONS AND LIABILITY

All users participating in the operation, must necessarily accept and respect the following obligations and standards

• The User agrees to use the application and services in accordance with the law, the general conditions, special conditions for certain services and other notices, use regulations and instructions made known to the user, as well as the moral and generally accepted good customs and public order.
• The user agrees to make appropriate use of the services and / or the contents of the application and not use them for illegal or criminal activities, that undermine the rights of Cruising LLC and / or third parties and / or violate the regulations of intellectual property or any other applicable legal standards.
• The user will not collect personal data about other users nor make or create or study personality profiles of individuals for commercial purposes
• It is absolutely forbidden to use of images, opinions, videos, photographs, drawings or any other user content appearing in the application for commercial purposes without the express written consent of the user and / or José Yilo.
• The user agrees not to use or disclose the images in photographs, magazines, pornographic films and / or erotic content or the use of which might adversely affect the dignity, image, privacy and honor of people who appear in them. It is understood, therefore, that the user will not perform exploitation of the photographs that may affect the privacy of the persons shown, and will not be used under any circumstances to support pornographic, racist, violent or illicit purposes.
• The user will use appropriate language and have respectful behavior to other users of the application, registered or not. It is forbidden to post content, comments and opinions that are obscene, pornographic, xenophobic, hateful, threatening, violent, immoral or offensive, and in general, are not useful for the purposes for which the application was created.
• Will not be published personal documents, financial information and / or statements of any of the persons listed in the application, unless a permission is granted by the same.
• The user will not create accounts for other persons without the authorization of these third parties or their legal representatives in the case a minor is involved. In this way, users agree not to upload, post, transmit, share, store or facilitate in the application the personal data of any third party including addresses, phone numbers, email addresses, Social Security numbers or credit cards numbers without the permission of the latter.
• Indentification and access passwords are personal and non-transferable the responsibility of each user. Consequently, each user is sole responsible for them, and exempts Cruising LLC for any loss or improper use by third parties without consent
• In the event that the user’s account and service is suspended, it is totally forbidden to open a new account without the permission of Cruising LLC.
• Since an application is for private use, one agrees not to post promotional messages and / or content and / or advertising to other users, without the express permission of the user and / or José Yilo
• One may not voluntarily obstruct the access of others to the application through the massive consumption of the telematic resource of the application, or perform actions that may damage, interrupt or generate errors in these systems
  One may not send or forward chain or pyramid-like or illegal multilevel marketing messages
• One may not introduce content, comments and opinions aimed to generate discussions, confrontations, arguments, and cause discomfort to other users
• One may not voluntarily enter programs, or any other logical device or sequence of characters that cause or are likely to cause any alteration, reduced functionality and / or speed, destruction of the application. Also, the user is prohibited from accessing the systems in an automatic mode (through harvesting bots, robots, spiders, or scrapers, etc.) without the consent of Cruising LLC
  

5.ACTIONS OF Cruising LLC TO WATCH THE PERFECT WORK OF THE APLICATION

• Cruising LLC will control, moderate and continuously manage the application’s content and will ensure compliance with the provisions set in the present conditions. He may also moderate and monitor the comments, opinions, files, photos, videos, pictures and / or any content uploaded to the application.
• Cruising LLCreserves the right unilaterally not to publish, terminate and / or delete, without express notice, all those contents that do not comply with these standards, content and statements as well as to remove any posted content that does not conform to the same.
• Additionally, in the event that the violation of these rules is of extreme gravity or is repeated Cruising LLC reserves the right to cancel and invalidate the registration of the user.
• Cruising LLCreserves the right to accept the name of the user, delete and / or modify it where it is in conflict with the name of another person and / or a trademark.
• Cruising LLC may delete content and information that may be considered to be used against other users or third parties or when those do not comply with the regulations established under the present conditions of use.
• Additionally, Cruising LLC reserves the right to initiate appropriate legal actions against those who break the conditions or violate the rights of Cruising LLC, including for damages and legal costs the- Cruising LLC had to incur
• Cruising LLC has reflected the standards for proper use of the contents, and has taken all necessary security and privacy measures to prevent manipulation of the content by third parties, such as suspension of service for anyone who does not comply with the policy of using the application. However, even though all the technical and technological measures are put in place, Cruising LLC will not responsible for actions committed by third parties
  

6.RESPONSIBILITIES OF USERS

• The user accepts without reservation all the conditions set in the application and will be responsible for inappropriate, irresponsible, negligent, wrongful or fraudulent use of the content of the information, and take the consequences and responsibilities for any legal or judicial action theta may arise as a result of these actions
• Cruising LLCstates that he is not responsible in any way for the information the users share and the comments that appear in the application. Also, he is not responsible for any breach of intellectual and industrial property rights, image or other rights, committed by third party users or third parties unrelated to the application.
  
• Cruising LLCis not responsible for the information and opinions that are issued, published or distributed through the application.
  
• The user agrees that independent of the usage, he commits not to initiate judicial claims or procedures, and unconditionally releases, and agrees to keep Cruising LLC harmless from any judicial or ePremiumjudicial claims, responsibility, risks, demands, actions, causes of action, costs and expenses of any kind, legal or by right, known or unknown, anticipated or unanticipated, suspected or unsuspected, which the user may have today or in the future, as result of by his actions or the actions of third parties .
  
• The user agrees and is responsible for the compliance with the conditions and for extending to all persons authorized by the user to use the content

7.RESPONSABILITY FOR THE PERFECT WORKING AND CONTENTS OF THE APLICATION:

• 1. Proper functioning and continued availability: Cruising LLC is not responsible for malfunctions of the application, nor for any interruptions, delay, loss or disconnections in the communication and the transmission of messages. Cruising LLCdoes not guarantee nor is responsible for continuous constant and uninterrupted operation of the application.
• 1. Responsibility for damages to the user: Cruising LLC is not be responsible or liable, indirectly or secondarily, for damages of any kind caused as a result of the presence of viruses or other elements in the content and services provided by third parties that may produce changes in the application’s system. Nor will be liable for damages that are caused -due to errors in the access, the connection, the transmission, the interruption of the service without cause,due to intrusions, computer viruses, mass mailings or advertising or when these causes are due to reasons external to the portal, such as defects in the user's computer, a deficiency in the connection, internal virus in the user's computer, latency and communications problems that the user may have with mobile operators, or due to force majeure causes.
• 2. Responsibility for the contents: Cruising LLC does not guarantee the quality, accuracy or reliability of the data, programs, information and ideas, circulating in the application, regardless of their origin. The user assumes sole responsibility for the consequences, damages or actions arising out of access to the content.
  
• 3. Liability for third parties: Cruising LLC will not be liable for acts by third parties outside the system, who through breaking the security measures, carry out acts against the users such as sending viruses, mass advertising or spam, causing interruption of the service and the access to the messages.
• 4. Cruising LLCassures that he has taken all the necessary technical, organizational and legal measure for the security of the communication, both in terms of connection security and protection of personal data. What Cruising LLC cannot ensure or warrant, and thus, is exempt of any responsibility, is the total invulnerability of its security systemt and the inviolability of the communications.
• 5. The exemption of responsibility will prevail whenever Cruising LLC can demonstrate his unawareness about these viruses or actions by third parties, or in the case of their awareness , acted duly to remove data, prevent the access, eliminate the virus in the computer files or report this to the authorities.
• 6. Cruising LLC will not be liable for any damages caused by force majeure causes, or causes not attributable to the company. Nor will he be responsible for the improper functioning of the portal for reasons beyond his competence, such as for example and not exhaustive, malfunctioning of the mobile operators, poor application configuration by the user or inadequate computer system capacity to carry the content and the information placed on the site. However, Cruising LLCagrees to dohis best efforts to resolve technical problems, correct them or help the user to resolve them.
• 7. Due to incidental deletion of all or part of the application material that may be impossible or very expensive to recover, resulting in the eventual incapability to carry out the recovery , it is recommendable that users keep backups of their contents

8.DATA PROTECTION LAW

In compliance with the provisions of the Organic Law for Protection of Personal Data, Cruising LLC, with address Lewes Sussex County DE US stated that the personal information you provide as contact details will be included in a file whose owner is Cruising LLC in order to enable the management of the database of users and subscribers of the application and to maintain the business relationship with you

• 1. With the acceptance of this clause, the user expressly and unequivocally agrees, to the treatment of all submitted data, including the image in the form of a photograph, as well as their communication to other entities whether public or private that need to carry out business relationship with the user, as well as their communication to companies that are linked economically and / or professionally with Yilo Jose.
• 2. Please note thatthe personal data may also be used to send offers, promotions and new services offered by the company. Please inform in writing of any intention not to receive future offers and / or promotion of new services offered by the company. If you do not wish to receive information from Cruising LLC, indicate this by sending an email to the following address: info@cruising-app.com
• 3. In the case of any change of your data, please notify duly in writing in order to maintain your records updated.
• 4. We remind you that at any time you can exercise your rights of access, rectification, cancellation and opposition by sending an email to info@cruising-app.com or by sending a letter to the following address: Lewes Sussex County DE US, indicating as reference "Data Protection". In this communication, the holder is required to indicate and provide the personal identification data, a photocopy of National Identity document, address, phone number, contact person, email and a letter explaining the requested rights and their causes. At the same moment the rights are exercised, Cruising LLC commits to show the collected data, the purposes and uses that have been delivered for in the case of exercising the right to access, to modify and correct in the case of exercising the right to correct, to stop treating in the case of exercising the right to object or to cancel them in the case of e exercising rights to cancel. In the latter case, and according to the legal provisions established in Law 15/1999 of December 13, Protection of Personal Data, Article 16, Cruising LLC will conserve them, even after the completion of the relationships and, in any case, during the legally established time limits, solely to make them available to administrative or judicial authorities if necessary and when expressly requested
• 5. Yilo Jose, assumes responsibility for use according to the regulations established in the Law of Protection of Personal Data and asures he has taken all the security measures of technical and organizational nature to protect the confidentiality and integrity of the information, according to the provisions of Law 15/1999 of December 13, Protection of Persona Data, and Royal Decree 1720/2007 of 21 December, which approves the Regulation for the development of the same.
  

9.CHANGE, SUSPENSION OF SERVICE AND CANCEL THE SERVICE

1. Modifications: Cruising LLCreserves the right at any time to make modifications he deems appropriate for the implementaion, e.g. organization, deletion or addition of ontent, data or services. These amendments will be carried out unilaterally and without prior notice. Regarding the conditions, Cruising LLCreserves the right to modify, alter and / or draft new clauses in the light of new activities that may be added or required adaptations to new regulations and legislation . Such modifications will be binding only after their enforcement and will apply for the user at the moment the portal is accessed
2. Suspension of Service: Cruising LLC reserves the right to terminate unilaterally and without notice the service, or deny access to the application, temporarily or indefinitely, to any user who fails to comply with these conditions, or carries out actions which are illegal, unlawful and contradict the law, public order and morality.

3. Account Inactivity: If the user does not regularly use the account during two years, it may be terminated by Cruising LLC and the user name can be used by another person, without the user's authorization

10. PREMIUM SERVICES; PURCHASES

• Premium Services. Certain Services, such as Cruising Premium or Cruising Unlimited, may be available only through creation of a User Account and payment of a fee (“Premium Services”). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the Cruising Services or otherwise where the Premium Services are offered.
• PREMIUM SERVICES AUTOMATICALLY RENEW. PREMIUM SERVICES AUTOMATICALLY RENEW CONTINUOUSLY AT THE END OF YOUR SUBSCRIPTION PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE (PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT.
• CANCELLATION POLICY. YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. IN ORDER TO CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE Cruising SERVICES. THERE ARE NO CANCELLATION FEES. INSTRUCTIONS FOR CANCELLING PREMIUM SERVICES ARE SET FORTH HEREIN OR BY EMAILING info@bananasaround.com.
• Trial Premiums. Access to Cruising Premium Services may from time to time be made available on a time-limited free trial basis (a “Trial” or “Trial Premiums”). Please note that this Agreement also applies to any Trial. You may be asked to provide Your credit or debit card information when registering for a Trial. In such event, Your credit or debit card will only be charged if You do not cancel Your Trial before the end of the Trial period. If We ask for Your credit or debit card information and You do not affirmatively cancel before the end of the Trial, then Your Trial may be converted into a paid subscription and Your credit or debit card may be charged the subscription fee in effect at the time Your Trial first began. Trial Premiums are not available to former Users of Premium Services or Users who have previously received a free trial and cancelled it prior to paying for Premium Services.
• Purchases. We reserve the right to correct errors (whether by changing information on the Cruising Services or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.
• Payments Are Non-Refundable. Unless expressly provided otherwise in this Agreement (including Section 25 where You are a resident in certain states in the United States and the Special Terms where You are a resident of certain countries), any and all payments made to Cruising are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due, except as otherwise expressly provided in this Agreement.
• Taxes. Unless specified otherwise at the time of purchase, all payments to Cruising are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.
• Microtransactions. From time to time, You may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to certain add-on features for use solely in the Cruising Services (collectively, “Microtransactions”). Cruising reserves the right to charge fees, in its sole discretion, for the right to access or use add-on features and/or may distribute add-on features with or without charge. Cruising may manage, regulate, control, modify or eliminate Microtransactions and/or add-on features at any time. Any add-on feature balance shown in Your User Account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of Your license. Add-on features do not incur fees for non-use; however, the license granted to You from Microtransactions will terminate in accordance with the terms of this Agreement when We cease providing the Cruising Services or Your User Account is otherwise closed or terminated. Cruising shall have no liability to You or any third party in the event that Cruising exercises any such rights. The provision of add-on features for use in the Cruising Services is a service that commences immediately upon the acceptance of such Microtransactions. ALL MICROTRANSACTIONS MADE THROUGH THE Cruising SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT Cruising IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ADD-ON FEATURES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

11.TERM AND ENDING AND RESOLUTION

The delivery of the services of the application and its operation is, in principle, indefinite. However, Cruising LLC may temporarily suspend the service or terminate it permanently at any time or instant, without prior notice.

In the case of unilateral termination of the service or forced shut down of the application, Cruising LLC will provide advance notice about the reasons for this decision and the reasoning behind it. In these cases, no compensation or responsibilities may be requested by Cruising LLC

In these cases, Cruising LLCcommits to keep the information stored on the server during the period of ten calendar days, after which period, he will proceed to erasing the information, and in this case no responsibility can be requested by Cruising LLC.

12.NOTICES AND PROCEDURE

Cruising LLC may send communications to the user through mails at the postal address, through emails, through telephone calls or any other public media of information diffusion, provided that this information had been shared with Cruising LLC in the appropriate way.

In this sense, all notifications made to the user by Cruising LLC will be considered valid, if they are made using the data and media mentioned above. For this purpose, the user confirms that all information provided is true, accurate and correct , and committs to inform Cruising LLC of all changes, developments and future modifications relating to the notification data.

All notices and communications to Cruising LLC by the user will be deemed effective when directed to Cruising LLC in any of the following ways

1. Sending an email to info@bananasaround.com

13.LEGISLATION

All matters related to the application are ruled in each and every part by the Spanish Law and are subject to the jurisdiction of the Courts and Tribunals of Barcelona.

The parties, expressly waiving their own jurisdiction, accept as governing law of this contract, in case of disputes concerning the interpretation or enforcement of these clauses, the Spanish law, and subject themselves for the resolution of any disputes that may arise to the Courts of Barcelona