Use Conditions

1. Introduction

1.1 Contract

Your use of our Services is also subject to our Privacy Policy and the Cookies Policy.

GESTOY

You are entering into this Agreement with GESTOY (also referred to as “we” or “our”). If you reside in the European Community or the USA or other countries, you are formalizing this Contract with ETN GESTION EXTERNAL S.L. and the personal data that you provide or collect in our Services will be controlled by ETN GESTION EXTERNAL S.L.

1.2 Members and Visitors

1.3 Changes

We may modify this Agreement, our Privacy Policy and our Cookie Policy from time to time. If we make any significant changes to the Contract, we will notify you through our Services, or through other means, to give you the opportunity to review the changes before they become effective. If you do not agree with any of the changes, you can close your account.

Your continued use of our Services after posting or sending a notice of changes to these terms will mean that you agree to the updated terms.

2. Obligations

2.1. Requirements to use the Services

These are some of the things that you undertake in this Contract: you meet the requirements to sign this Contract and you have at least the “Minimum Age” established.Children under 16 can not use the Services.To use the Services, you agree that: (1) you have at least the “Minimum Age” (defined below); (2) you will only have a GESTOY account, which must be in your real name; and (3) GESTOY has not restricted you from using the Services.Members who had less than this new Minimum Age when they started using the Services under previous Terms of Use may continue to use them, since they may have reached the new Minimum Age since then or meet that age in the near future.”Minimum age” means 16 years. However, if the applicable law requires that you must be older for GESTOY to lawfully provide the Services without your parents’ consent (including the use of your personal data), then the Minimum Age will be that other age.

2.2 Your account

You will protect your password. You will not share your account with any other person and you will respect our rules and the applicable legislation.Members are the account holders. You agree: (1) try to choose a difficult and secure password; (2) protect and maintain the confidentiality of the password; (3) Do not transfer any part of your account (for example, contacts) and (4) comply with the relevant legislation and our list of what should and should not be done. You are responsible for everything that happens in your account unless you close it or notify us that it is being used improperly.Between the others and you (including your company), your account belongs to you. However, if the Services have been acquired by third parties for you to use (for example, a Recruiter license purchased by your company), that third party that pays for said Services will have the right to control access and receive reports on the use that you make of the Payment Service; but you will not have rights to your personal account.

2.3. Payment

If you purchase any of our Payment Services (“RATE MY GESTOY, SMB, BUSINESS OR GREAT BUSINESS OR CAPACITY EXTENSION”), you agree to pay us the applicable taxes and fees and to comply with the specific additional terms linked to said Payment Services. Failure to pay these fees may result in the termination of the Payment Services you receive. You also accept that:

Your purchase may be subject to exchange fees or price differences depending on your location (for example, exchange rates).
We can store and continue billing your payment method (such as a credit card), even after expiration, to avoid interruption of the Services and use it to pay for other Services that you may acquire.
If you purchase a subscription, the fees and taxes applicable to that period will be charged automatically to your payment method at the beginning of each subscription period. To avoid future charges, cancel the subscription before the renewal date.
All your purchases of Services are subject to GESTOY’s refund policy.
We can calculate the applicable taxes based on the billing information you provide us at the time of purchase.

You can obtain a copy of your invoice through your account settings in GESTOY.

2.4. Notices and messages about the Services

Check your settings control and limit.

2.5 Share

When you share information, other people will be able to see, copy and use that information.

Our Services allow you to send messages and share information in many ways, such as your profile, slides, links to news articles, job ads, InMail messages and blogs. The information and content that you share or publish can be viewed by other Members or Visitors. When there is the possibility to establish a configuration, we will respect the options you choose about who can see the content or information (for example, the content of messages sent to the recipients, share content only with GESTOY contacts, restrict the visibility of your profile in the search engines or choose not to notify the other members that you have updated your GESTOY profile). For job search activities, the default setting is to not notify your network of contacts or the public. So if you apply for a job through our Services or if you decide to indicate that you are interested in a job, our default setting is to share it only with the job advertiser.

We are not obliged to publish information or contents in our Service and we may withdraw them at our sole discretion, with or without prior notice.

3. Rights and limitations

3.1. Your license regarding GESTOY

You are the owner of all content, comments and personal information that you provide, but you also grant us a non-exclusive license with respect to such information. We will respect the decisions you make about who will be able to see your information and content.

You agree to only provide us with the information and content you are entitled to and that the information on your LinkedIn profile is true.

Between you and GESTOY, you are the owner of the content and information that you provide or publish in the Services, and you only grant GESTOY and our affiliates the following non-exclusive license: a worldwide, transferable and sublicensed right to use, copy, modify, distribute, publish and treat the information and contents that you provide us through our Services without any additional consent, notification or compensation for you or third parties. These rights are limited in the following ways:

You may terminate this license for specific content by deleting said content from the Services, or in general closing your account, except (a) to the extent that you have shared it with other persons as part of the Service and these in turn have copied it, re-shared or stored and (b) for the reasonable time it takes to remove it from backup copies and other systems.
We will not include your content in advertising for third-party products and services without your personal consent (including sponsored content). However, we have the right, without indemnifying you or third parties, to publish ads near your content and information, and your social actions in the sponsored content may be viewed as described in the Privacy Policy.
We will ask for your consent if we want to grant third parties the right to publish your information outside the Service. However, other Members and / or Visitors may access and share your content and information depending on your configuration.
Although we can edit and make format changes to your content (such as translating it, modifying the size, design or type of file, or deleting metadata), we will not change the meaning.
As you own your content and information, and we only have non-exclusive rights to them, you may choose to share it with third parties

You agree that we may access, store and use any information you provide in accordance with the terms of the Privacy Policy and your choices (including configuration).

By submitting suggestions or other comments about our Services to GESTOY, you agree that GESTOY will use and share (although you do not have to) such comments for any purpose without compensating you.

You agree to only provide content and information that does not infringe the law or the rights of any person (including intellectual property rights). You also agree to provide true information on your profile. GESTOY may be required by law to withdraw certain information or content in certain countries.

3.2. Avaiability of Services

3.3. Other contents, sitewebs and applications.

Your use of the content and information of other people published in our Services is at your own risk. Third parties may offer their own products and services through GESTOY, but we are not responsible for the activities carried out by those third parties.

By using the Services, you may find inaccurate, incomplete, delayed, misleading, illegal, offensive or harmful information or content. GESTOY does not usually review the content provided by its Members or other persons. You agree that you are not responsible for the content or information of other people (including other Members). We can not always avoid such misuse of our Services, and you accept that you are not responsible for such use. We also recognize the risk that you or your organization may be mistakenly associated with content about other people when we allow contacts and followers to know that you or your organization have been mentioned in the news.

You are responsible for deciding whether you want to access or use applications or websites of third parties that have a link from our Services. If you allow an application or website to authenticate you or connect to your GESTOY account, that application or website can access information in GESTOY related to you and your contacts. Third party applications and websites have their own legal terms and privacy policies, and you may be giving permission to third parties to use your information so that we would not use it. Except in limited cases where required by the relevant legislation, GESTOY is not responsible for these other websites and applications; use them at your own risk. Check our Privacy Policy.

3.4 Limitations

3.5. Intellectual property rights

4. Exclusion and limitation of liability

4.1. Exclusion of guarantee

To the extent permitted by law, Gestoy and its affiliates (and those who work with gestoy to provide the services) (a) are not responsible for any implied warranty or representation (such as warranties of merchantability, fitness for a particular purpose, accuracy of data and non-infringement); (b) do not warrant that the services will be used without interruptions or without operating errors, and (c) will provide the service (including content and information) as available.

Some laws do not allow certain exclusions of liability, so some or all of these exclusions could not apply to your case.

4.2. Exclusion of liability

These are the limitations of legal liability that we can have in relation to you.

To the extent permitted by law (and unless Gestoy has subscribed an independent written agreement replacing this agreement), Gestoy and its affiliates (and those who work with Gestoy to provide the services) will not be liable for any indirect damage, inherent, special, consequential or punitive, or for the loss of data, opportunities, reputation or benefits or revenues related to the services (such as offensive or defamatory statements, lost time, use or changes in your information or content).

The responsibility of Gestoy and its affiliates (and of those who work with Gestoy to provide the services) will not exceed in any event, once of all the claims, the amount that is less than five times the most recent monthly or annual quota. What you have paid for a type of rate, if corresponds.

This limitation of liability is part of the agreement between you and gestoy, and will apply to all claims of liability (such as warranty, damage, negligence, contract, law), even if this damage has been disclosed to gesto and its affiliates, and even although these solutions do not subsane their essential purpose.

Some laws do not allow the limitation or exclusion of liability, so these limitations may not apply to you.

5. Termination

Our right to use and disclose your comments.
The right of Members and Visitors to re-share content and information you shared through the Service as long as they were copied or re-shared before termination.
Clauses 4, 6 and 7 of this Contract.
Any amount owed by either party before the termination will continue after the same.

You can visit our Help Center to close your account.

6. Conflict’s Resolution

7. General provisions

Here are some important details about how to read the Contract.

If a court with authority over this Contract finds that some part of it can not be applied, you and we agree that the court will modify the terms so that that party can apply and continue to achieve its purpose. If the court can not get it, you and we agree to ask the court to remove that part that can not be applied and that maintains the rest of the Contract. To the extent permitted by law, the English version of this Agreement is binding, while translations are offered for convenience only. This Agreement (including the additional terms we establish when interacting with a functionality of the Services) is the only agreement between us about the Services and supersedes all previous agreements regarding the Services.

If we do not act in case of breach of this Contract, it does not mean that gesture and has waived its right to enforce the Contract. You may not assign or transfer this Agreement (or your account or use of the Services) to anyone without our consent. However, you accept that GESTOY transfers this Agreement to its subsidiaries or to a third party that purchases it without your consent. There are no other third party beneficiaries of the Contract.

We reserve the right to change the terms of this Agreement and we will notify you if we do so; We accept that the changes can not be retroactive. If you do not agree with these changes, you must stop using the Services.

You agree that the only way to send us a legal notice will be at the address provided in clause 10.

8. What should and should not be done in GESTOY

8.1. What is to do

You accept that you are going to:

Comply with all relevant laws, including, among others, privacy laws, intellectual property laws, antispam laws, export control laws, tax and tax laws, and other regulatory requirements.
Provide us with accurate information and keep it updated.
Use your real name in the profile.
Use the Services in a professional manner.

8.2. What should not be done

You accept that you are not going to:

Act illegally or unprofessionally in relation to our Services, including dishonest, abusive or discriminatory attitudes.
Post inaccurate, obscene, defamatory, shocking, hateful, threatening, or otherwise inappropriate content or that results in personal complaints or disputes.
Use an image or a face photo that does not look like you in the profile.
Create a false identity in GESTOY. The occasional creation of clearly fictitious profiles by GESTOY or with your express permission in connection with a promotional campaign does not exonerate this obligation.
Represent your identity in a false way (for example, use a pseudonym), your current or previous jobs, your qualifications or links with a person or entity.
Create a Member profile for someone other than you (a natural person).
Invite people you do not know to join your network.
Use or attempt to use another person’s account.
Harass, abuse or harm another person.
Send or post unsolicited or unauthorized advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of advertising not authorized by GESTOY.
Develop, support or use programs, devices, scripts, robots or any other means or process (including crawlers, navigation plugins and add-ons, or any other technology or manual programs) to plagiarize (scrape) the Services or otherwise copy profiles or other data of the Services.
Avoid or circumvent any access control or limits on the use of the Services (such as limits on keyword searches).
Copy, use, disclose or distribute any information obtained from the Services, either directly or through third parties (such as search engines), without the consent of GESTOY.
Request email addresses or other personal information from members you do not know, without their authorization.
Use, reveal or distribute any data obtained in violation of this policy.
Reveal information that you have no right to disclose (such as confidential information of others, including your company).
Infringe other people’s intellectual property rights such as copyrights, patents, trademarks, trade secrets or other property rights. For example, do not copy or distribute (except through the sharing functionality available) the publications or other content of other people without your permission, which can be granted by publishing through a license.
Infringe the intellectual property or other rights of GESTOY, including, without limitation, (i) copy or distribute our learning videos or other materials; or (ii) copy or distribute our technology, unless it is put into circulation with open source licenses; (iii) use the term “GESTOY” or our logos in any commercial name, email or URL except in the cases described in the Brand Guidelines.
Use GESTOY invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact.
Publish anything that contains programs viruses, worms or any other harmful code.
Manipulate the identifiers to hide the origin of any message or publication transmitted through the Services.
Create profiles or provide content that promotes company or prostitution services.
Create or operate a pyramid scheme, fraud or other similar practice.
Use reverse engineering techniques, decompile, disassemble, decipher or otherwise try to obtain the source code of the Services or any related technology that is not open source.
State or declare that you are associated or endorsed by GESTOY without our express consent (for example, to present yourself as an accredited GESTOY trainer).
Rent, lease, lend, do business, sell or resell access to the Services or related data.
Sell, sponsor or otherwise obtain an economic benefit from any Service without the consent of GESTOY.
Establish links to our Services for any other purpose than to promote your profile or a group in our Services, without the consent of GESTOY.
Remove notices of copyright, trademarks or other property rights contained in our Service.
Remove, cover or hide any advertising included in the Services.
Use bots or other automated methods to access the Services, to add or download contacts or to send or redirect messages.
Control the availability, performance or operation of the Services for competitive purposes.
Perform «framing» or «mirroring» or otherwise simulate the appearance or function of the Services.
Overlay or otherwise modify the Services or their appearance.
Access the Services except through the interfaces expressly provided by GESTOY, such as its mobile applications, gestoy.com and mi.gestoy.com
Use a Service for tasks other than those provided.
Cancel any security functionality of the Services.
Interfere in the operation or load the Services in an unreasonable manner (for example, spam, attack through denial of service, viruses, game algorithms).
Violate Professional Community Guidelines or any other additional terms relating to a specific Service when you log in or start using that Service.