We welcome you to the application for mobile devices, beder (hereinafter, the “Application”). The application aims to help users before, during, and after their trips: exploring any destination in the world through reels of video in a well-structured manner, as well as posting opinions on issues and experiences related to travel and accessing to booking services for hotels and flights through our partners. beder is a source of inspiration for other travelers when planning future trips, developing a travel community where everyone shares their experiences.

For the purposes of what you will be able to read in this document, we are informing you that the terms “we”, “us”, “our” and “beder” refer to the Application, while the terms “you”, and “User” refer to the client who uses the Application and/or who contributes content into it.

This Application is offered on the condition that you accept without any modification of all the terms and conditions set out below (the “Terms and Conditions”), as well as all other legal texts. By accepting these Terms and Conditions, you are subject to, and you declare that you have read and understood its terms. For this reason, we recommend you to read all the terms and conditions, as they contain information related to your legal rights, as well as limitations, we also advise on the legislation and jurisdiction that will be applicable in case of conflicts. In this way, if you do not accept these Terms and Conditions, you are not authorized to use the Application.

These Terms and Conditions may be modified in the future, which means that you understand and accept that access to the Application and its continued use after significant changes means the acceptance of the modified Terms and Conditions. At the bottom of the document we will show the date in which the last term and condition revision took place, and all the revisions will take place immediately after the publication. In any case, we will notify all the important changes that are made in the Terms and Conditions by sending a notice to the email address that you have provided to us at the time of the registration. Make sure to periodically check the Terms and Conditions to be aware of its most current version. 

1. Terms and Conditions

1.1. Object

These terms and conditions of use (the “Terms and Conditions”) regulate the access and use of the Application, as well as the contents that you can upload in it. Likewise, these Terms of Use, together with the Privacy Policy and our cookies policy, establish the terms and conditions governing the Application.

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on Information Services and Electronic Commerce, we indicate the following identifying data of the holder of the Application: Travel Melon, SL, is a mercantile company of Spanish nationality, whose registered office is in Barcelona, Lluçanes street, number 7-9, floor 4 gate A, CP 08022, is registered in the Mercantile Registry of Barcelona, in Volume 47564, Folio 164, Page number 555722 and is provided with N.I.F. B-02838506

Likewise, the Terms and Conditions constitute a contract subscribed by the User and beder in relation to the Application and supersedes any other contracts or prior agreements between said parties, whether verbal or written.

1.2. Obligations of the User

As an indispensable condition to use the present Application, you guarantee that:

(i) All the information you have provided in the Application is true, accurate, current and complete;

(ii) If you have registered in the Application, you will protect the information in your account, supervising and being totally responsible for any use of the account made by a person other than you;

(iii) You are older than fourteen (14) to register an account and participate in our Application and eighteen (18) or over to be able to buy any type of product or service that is available now or in the future on our application.

(iv) You have the legal capacity to accept these Terms and Conditions and use the Application in accordance with these Terms and Conditions;

(v) You are responsible for the activities that are carried out through your account and you agree not to sell, transfer, grant licenses or assign your account, followers, name of and user or the rights of your account. With the exception of those companies or persons that are expressly authorized to create accounts on behalf of their employees or customers, beder prohibits the creation of an account for anyone other than yourself and you agree not to create it. Likewise, you state that all the information you provided at the time of registration, as well as at any other time, is true, accurate, current and complete, and you agree to update your information as necessary to maintain its veracity and accuracy;

(vi) You agree not to request, collect or use the login credentials of other users of the Application.

(vii) You are solely responsible for the information you add to the application, whether privately or publicly, including not uploading places, references, experiences, images, music tracks or videos of places on which there are restrictions of any kind, either on the place itself or on the resources you have used to document it (photos, descriptions, etc.). The content you upload to the application will always be respectful of current regulations, such as those relating to the protection of credit, self-image, intellectual property and privacy.

(viii) This also includes responsibility for the copyright of the images, video, music tracks or content that you add to the application from the platform’s media (via app). In this sense, we understand that the video or image content you add publicly will be owned by you as its author, or it is freely disseminated content, or that you already have rights over it, or that it has been added with the permission of its legitimate owners.

(ix) Likewise, by declaring that you are responsible for the content you publicly contribute to the application, you also have the legitimate ability to provide us with a license to use it.

(x) In the event that you link content from third parties, you must always respect their copyright, acknowledgement and any other moral or economic rights that the third party may hold over the content that is cited. In any case, it will always be done on a private and non-profit basis.

(xi) You are solely responsible for not uploading any memory in which a third party appears if you do not have the express consent of this person for publication and use by beder, in accordance with these Terms and Conditions;

(xii) You agree that under no circumstances you will defame, harass, intimidate, abuse, threaten or impersonate a person or entity, nor publish confidential or private information through the Application, including, without limitation, information related to the credit card, social security or national identity document numbers, telephone numbers or private email addresses that belong to you or another person;

(xiii) You will not use the Application for any purpose that is unauthorized or illegal. Thus, you agree to comply with all laws, rules and regulations (for example, state, local and provincial) that may be applicable to the Application, including, without limitation, copyright laws.

(xiv) You are solely responsible for your conduct and data, texts, files, information, user names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, authorship work, applications, links and any other type of content or materials that you send, post or show in the Application, with the exception of those musical works provided by beder.

(xv) You must not change, modify, adapt or alter the Application, or change, modify or alter another website so that it is wrongly inferred that it is associated with the Application or beder.

(xvi) You should not send emails, comments, indications that you like something or other unwanted commercial or intimidating media (ie, “spam”) to any user of the Application.

(xvii) You must not harm or interfere in the Application or servers or networks connected to the Application, including the transmission of worms, viruses, spyware, malicious software or any other code of a destructive or harmful nature. You may not insert content or code or alter or interfere with the manner in which any beder page is displayed or displayed in a browser or device of the User.

(xviii) You must not create accounts in the Application through unauthorized means, including without limitation, the use of automated devices, scripts, robots, trackers, spiders or scrapers.

(xix) You must not try to restrict the use or enjoyment of the Application to another User, or encourage or facilitate the infractions of these Terms and Conditions.

(xx) The violation of these Terms and Conditions may result in the closure of your account in the Application, which is at our sole discretion. You understand and agree that beder will not be responsible for the content published in the Application and will use the Application at your own risk. If you infringe the essence or spirit of the Terms and Conditions, or otherwise cause the risk that we may be legally exposed, we may stop providing all or part of the service we offer. This is regardless of whether beder or affected third parties wish to exercise their rights to defend their interests in legal proceedings.

(xxi) You are solely responsible for the interaction you establish with other Users of the Application. You agree that beder is not responsible for the conduct of Users. Although we are not obligated, we reserve the right to monitor or involve ourselves in conflicts that may arise with other users. However, act with commonsense and use your best judgment when interacting with other users, even when you share your Memories or share any type of personal or other information. It is prohibited the tracking, scraping, caching or access to any content in the Application through automated means, including without limitation, User profiles, videos and photos (except if they may be the result of standard search engine protocols or of technologies used by a search engine, and in this case only with the express consent of beder).

(xxii) In the event that you open an account in your own name or a third party that has given you authorization, you in your own name or you as authorized representative of the third party authorize to defend (at the request of beder), indemnify and prevent Users of the Application from suffering damages caused or derived from the lawsuits, liabilities, losses and expenses, including without limitation, attorneys’ fees and reasonable costs, derived from any of the following assumptions or related to them in some way (including as a consequence of the direct activities of the Application or the ones you have made in your account): (i) the content of your property or the access or use you make of the Application; (ii) the breach or alleged breach by you of these Terms and Conditions; (iii) the infringement by you over the right of a third party, including without limitation, the rights of property or privacy; (iv) your violation of any law, rule, regulation, code, statute, ordinance or request of any governmental or quasi-governmental authority, including without limitation, all regulatory, administrative and legislative authorities, or (v) any false statement made by you. You will cooperate to the extent that beder requires, in order to defend any claim. beder reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification on your part and, under no circumstances, will you file any claim without the prior written consent of beder.

(xxiii) In addition, in the case of you share content in the application that is suitable for economic compensation from beder or any other product or service in which you can participate and for which you could be compensated, you will be responsible for complying with the legal and fiscal obligations deriving from the commercialization, either as part of your professional or business activity, or as an individual without activity, deriving the transfer of image rights to beder for the creation of a new derivative work.

1.3. Reservation of rights

beder reserves the right to modify or terminate the services offered through the Application or access to it at any time, without prior notice, at any time and with no liability to you. You can deactivate your account at any time. If we stop offering access to the Application or deactivate your account, then the photos, videos, comments, indicators that something you like, contacts and all other data will not be accessible through your account (for example, Users cannot access to your beder account or see your user name and images), but that materials and data can be retained and appear in the Application (for example, if other users have shared your memories).

We reserve the right not to allow access to the Application of any person, for whatever reason and at anytime.

We reserve the right to enforce the confiscation of any username for whatever reason.

Although we are not obligated, we may delete, edit, block and / or monitor the Memories uploaded to the Application or the accounts that are opened, always if we determine, entirely at our discretion, that they violate the Terms and Conditions.

The User of the Application, for his part, will not incur any charge for the use of the Application according to the present Terms and Conditions. In case the circumstances change, the User will be duly informed in advance, so that they can choose to stay registered or to unsubscribe before the new condition comes into force.

1.4. Limitation of liability

beder does not knowingly collect information from any person who is less than fourteen (14) years old. However, we reserve the right, in our sole discretion, to deny any person access to the Application and the services we offer, at any time and for any reason, including, among others, the breach of the Terms and Conditions.

beder is in no way responsible for the content you upload, whether it is within a public or private profile of the application and whether it contains private places or restrictions of any kind regarding the reproduction of images.

Likewise, beder is not responsible in any case for the content that you upload in which third parties appear, if you do not have the consent of these users for publication and use by beder, in accordance with these Terms and Conditions.

beder will not be responsible for economic losses (including loss of income, data, benefits, contracts, business or savings); or loss of image or reputation; or indirect losses.

beder will not be responsible and will not tolerate any abusive, inappropriate or questionable content, and will also not accept the use of the application by users whose activity is abusive, inappropriate or questionable in the same way, whether or not it causes harm to a third party. This type of behavior, in accordance with what is outlined in subsection (xvii) of section 1.2 relating to the obligations of the user, will cause the user to be reported, proceeding to the closing of the corresponding account at our discretion, either completely or partially ceasing the provision of the service. beder commits to reporting such users, as well as the apparent questionable content, in the space of two (2) working days.

Failure by the user to comply with the obligations and, in general, with the content of the provisions of our legal texts, may also result in the closure of the user’s account, as well as the filing of any legal action deemed appropriate by beder to defend its interests.

1.5. Intellectual and industrial property. Content management and licensing in favor of beder

Our application makes use of our own content and content uploaded by our users.

beder owns the intellectual and industrial property rights related to the application itself (i.e. software development, source code, backend, frontend, design, logos, image, button panels, distribution, etc.) as well as the visual content it uses (any video, picture or itinerary prepared by the team, as well as description of countries, regions, localities or places of any kind).

By using our services, you accept and acknowledge that all intellectual and industrial property rights -including trademarks, inventions and copyrights – over all materials and content made available to you when you use this website and application are owned by us or by third parties that have authorized or licensed this use. You can only use these materials in the context of the contracted services and/or with the prior express consent of us or the corresponding holders.

Furthermore, beder is the legitimate copyright holder of the content it creates for use on or off the platform, whether on its own or third-party websites, media or networks.

In turn, the user is responsible for the content they upload to the application, for which, in the case that they are from third parties, they take responsibility for and ensure they have the necessary permissions from the legitimate owner to upload and disseminate said content.

If beder detects that its own or a third party’s copyright has been infringed, it may deactivate the account of the user who is alleged to have committed the infringement, and reserves the right to take appropriate legal action.

Likewise, beder will investigate any information provided by a third party in this regard, in defence of the copyright of its rightful owners.

If you detect that intellectual property rights have been infringed on any of the content in question, you can contact us at the following email address: info@beder.app

On the other hand, by uploading content to the application, users declare that they own the intellectual property rights to their own content that they choose to upload voluntarily to the application and share with the rest of the community, or that they have the authorisation of the owner, or that the content is freely disseminated, which implies the transfer of copyright over them, except for those rights that the law may qualify at any given time as inalienable.

In the case that they are proposed any exploitation proposal for their own intellectual property, they will be free to facilitate or not facilitate the transfer of exploitation rights in the conditions agreed upon.

The user is fully aware that the content that he/she uploads to the application may be known and used by third party users, which expressly implies authorisation to beder or to these third parties to make use of them within the scope of the application itself, either through the app, the website, as well as in beder app’s social networks.

Likewise, by posting your content in beder you are granting us the license to make use of it:

By posting your Content on our App Platform, you grant beder or companies with which beder has commercial agreements an international, non-exclusive, transferable, sub-licensable, royalty-free license to host, use, distribute, modify, perform, reproduce, publicly display, publicly perform, translate and create derivative works of your Content.

In relation to the above, said license may be revoked at any time by the user, by sending an e-mail to info@beder.app indicating the content for which he/she wishes to revoke said license of use and exploitation. Whenever technically possible, beder will cease to use such content and will refer those third parties with whom it has commercial agreements and who have the same, to do the same.

beder shall not be liable for the use that third parties may have made of the content for which the user has granted the license for use and exploitation.

beder will not use your content in advertisements for third party products and services that are displayed to others without separate consent (including Sponsored Content), although you agree and acknowledge that such companies may include advertisements and promotions on our application, next to, near or otherwise in close proximity to your or others’ content.

beder will not grant any third party the right to publish your Public Content in places other than the beder platform. However, if you share your Public Content, it will be displayed publicly and we will enable a feature that allows other users to share it, by embedding the post or otherwise on third party services. In addition, we will enable search engines to perform searches.

1.6 Terms of use of the Application

The purpose of beder and its Application is to create a social network in which users can share their experiences related to travel, tourism and leisure, by publishing multimedia content related to the trips they wish to make, carryout or have made, the creation of a community of travelers (the “beder Community”). For this, it is possible to distinguish six (6) phases:

1.Registration phase:

(i) Personal account

If you wish to use the Application, you must register it on the same page through the form created for that purpose, for which you may follow the instructions indicated therein and indicate the required information (the “Registration Form”). Specifically, the data required in the Registration Form are: the email, a username, a password, date of birth, as well as your reference airport.

You are solely responsible for selecting a password with an adequate level of security. In order that, as requested, choose a password that becomes hard to decipher by a third party. If you suspect that your password has been known by a third party, you should proceed immediately to its modification.

Registration in the Application can be done, either through the Google+ API, through the Facebook API, through the Apple ID API or through the manual form, once registered, you will be the holder of a personal account called a “profile”, in which the activity is carried out under the terms that will be described later. Registering on the application via any of these options means that you are providing us with personal data which you provided to these applications, such as your email address, which is indicated in the registration process before you confirm your registration.

Through this procedure, you will get access to your personal account, and through the same account you have access to all the services provided by beder as well as its Community.

You are solely responsible for maintaining the confidentiality of your password, committing yourself for your security and not offering your data to third parties.

In the event that you detect that your account has been supplanted by a third party, you must inform beder’s team as soon as possible at the electronic addressinfo@beder.app, in order to adopt the relevant measures.

The fraudulent use of a personal account by the User or a third party will mean the loss of the right to continue using the features of the Application

(ii) Creation of the user profile

The elaboration of your profile should be according to the content and thematic of the purpose of the Application. For this reason, we will delete those profiles that contain:

• Images or language of a violent nature;
• Language or suggestions of a sexual nature;
• Defamatory, discriminatory, abusive, aggressive and / or violent content; Y
• Offensive and / or obscene language.
• Images that beder can identify as the user not having the rights of use, reproduction or authorship.

beder may immediately suspend or cancel an account that violates any of the conditions mentioned in these Terms and Conditions, without prior notice.

beder will allow you, through a search engine, to search for travel destinations that will be identified by the location tags used by Users who have uploaded their videos related to a specific trip (the “Memories”).

Further:

1. In relation to intellectual property rights over texts, images or videos uploaded to the Application, you specifically grant us a non-exclusive, transferable, worldwide license, with unlimited duration, to use, communicate, publish, disseminate or modify such contents.
2. When you publish a memory in the Application, it will be accessible to everyone, not only to the Users of the application, but to any person, even if they are unaffiliated to the Application.

Furthermore:

• beder reserves the right to publish itineraries, places or parts of them that have been made public by the user themself (i.e. who has decided to share them) on our Instagram or Facebook accounts, since by registering as a user of our application you have accepted.
• In turn, any Facebook or Instagram user outside the beder community who wants us to publish or share certain images published on those platforms will only have to use our corporate hashtags or tag us in their post.
• In this way, you will be granting us the use and distribution of the publication on the social network. This transfer is understood to be made free of charge without any type of compensation, without geographical determination and for an unlimited period of time.

(iii) Services offered by beder

In order that access to the Application is fun and safe, we present below the services we offer, as well as the essential conditions that you must respect for the benefit of the entire beder Community. Thus, the membership of the beder Community allows you to access the following services:

• Discover destinations around the world through the recommendations offered by beder, the videos and images of those destination posted by members of the community as well as their opinions and recommendations.
• Perform an advanced search for a specific destination, in which you can select the type of activities you would like to perform there, the geographic scope, your travel partner, the travel dates, travel length and budget for flights. Beder will provide you with recommendations that fit the selected criteria.
• Explore any destination in a structured manner through the spot profiles.
• React to the photos and videos of other Users by liking them or saving them as favorites or share them through third party channels such as Whatsapp.
• Review your saved content in your “Wishlist” in a structured manner, grouped by geography or by content category.
• Create trips yourself or sharing them with your travel companions who may be beder members.
• Post and share your own travel video content, grouped in albums that are created in your user profile.

The services offered by beder can vary or be modified. beder will provide you with timely information about new services that will be available or ones that will no longer be available. The information will be updated in our legal texts, but you can also receive notifications through different mediums, such as push notifications, emails, etc. The sending of this type of information does not require prior consent as it relates directly to the service that beder is providing.

1. Discovery phase:

You can also use beder to discover and explore destinations within the world, as well as places or experiences, uploaded by other users, by our team or by third parties.

• In the “Discovery” tab of the app you will be able to:

• Discover suggested destinations recommended by beder. These destinations can be countries, regions or cities. You can explore them in reels of video or access the “spot profile”.
• Access content posted by specific members of our community from around the world in the “My community” section.
• In the “trending now” section, you can explore content focused on different category labels (e.g. Adventure & sports, culture, food) from any place in the world and posted by any member of the beder community.

• In the “Finder” tab, you can perform advanced searches for destinations based in your selected criteria. You can search for recommendations of destinations based on the type of activities that can be conducted in the destination, geographic areas, duration of the trip, travel dates and type of travel companion. beder will return destination recommendations that can be countries, regions or cities.

You will be able to explore the destinations in reel video forms or access to the spot profile. beder will also provide price ranges for flights and hotels. By taping on the flight or accommodation price, you will be redirected to one of our travel partners Booking (for accommodation) and Kayak (for flights), from where you will be able to search for and book flights and/or accommodation.

• Finally, by taping on the 🛈 or “Information” sign nearby any destination you will access the “Spot profile” of that destination. In the “Spot profile” you will be able to access structured information regarding that particular place, such as:

• Consult the top places, which can be regions, localities, spots or natural features.
• Access the main regions or localities within the spot. If the spot is a locality, this feature will not appear.
• See posts from our community regarding that place.
• See reels of video structured by type of experience/spot from the “Spot profile”.

• While looking at video reels, for any video you will be able to see certain information and perform several actions:

• See the member of the beder community who posted the video, follow them and access their beder profile.
• See the geolocation that has been tagged for the video and check the location in Google Maps or another maps application.
• Access the “Spot profile” by tapping the 🛈.
• Like the content.
• Share the content to any member of the beder community or through third party channels such as Whatsapp.
• Save the content as favourite

1. Profile phase:

As we have indicated previously, when accessing the Application, you will create a profile in which you will include a profile image. You can edit, delete or replace that image at any time.

In relation to your Profile:

(i) It will indicate a series of numerical values that will show your activity within the beder Community, related to:

• Number of users who follow you.
• Number of users who you follow.
• Number of countries that you have visited.

(ii) On your profile you can find your bio, where you are able to put a short text that briefly describes who you are, what do you like and add any other information that you consider relevant.

(iii) In the map section of your profile you can manually edit the countries that you have visited in your trips. You can manually select any country from a tab and check or uncheck it. Whenever a country is checked it will appear as colored on the map.

(iv) On the My Albums part of the profile your shared memories in the form of videos will appear visible organized by albums. From the profile you can visualize the content from any of the albums that you have shared in beder.

(v) Inside your Profile you will be able to:

• Edit the names of the albums
• Delete any album

1. Creation of trips phase:

During this phase, you can create your own trips in beder.

You will be able to create a new trip in the my “My Trips” section. You tap on “Add a new trip” or choose among your already created trips to see them. When you tap on “Add a new trip” you will be asked to input certain information about the trip: name of the trip, destinations visited (can be one or more than one), dates (optional) and type of travel companions. Once the destination has been created, you can add travel companions to it, either by entering the username of those companions who are already registered, or by inviting them easily by Whatsapp.

Once your trip has been created, any content that you had selected as favorite for the destinations specified in the trip will be included automatically in the trip spot list.

In your trip you will be able to carry out the following actions:

• Explore your trip destinations through the “Spot profile” and tag as favorite any content that you like for it to be included in your trip spot list.
• Consult your trip spot list for all the destinations of your trip, filtering them by type of spot.
• Check the spot list on an interactive map, with the possibility of filtering them by type of spot.
• Delete any spot on the spot list to be removed from your trip.
• Add new destinations to your trip
• Add new travel companions to your trip
• Modify or add the traveling dates of any destination in your trip

1. Video sharing and Album creation phase:

You can post video content any to share with the beder community.

To post the content you have to create a new album or add the content to an already existing album. If you create a new album, you will be asked to input the name of the album and optionally, the number of days of the trip.

For all the videos that you post you will have the following options:

• Add the location of the video. Be as specific as possible. If you have the location of the videos activated you will get locations recommendations from beder, else you will have to input the location manually.
• Specify the category of the video. You can select a minimum of 1 category and a maximum of three categories.
• Add a short explanation or comment of the video.
• Edit the video by trimming it or using filters (such as brightness or contrast).
• Modify the sound of the video by eliminating it, adjusting the volume or adding an additional soundtrack (such as music or sound effects).

The posted videos will appear inside the appropriate albums in your profile.

Remember that by posting videos on beder you specifically grant beder a non-exclusive, transferable, worldwide license, with unlimited duration, to use, communicate, publish, disseminate or modify such contents.

1. Notifications phase:

beder will send you the following notifications:

(i) Subscription notifications related to:

• New Users subscribed to your beder profile;
• Users that have liked your content, including a link to the User and the day on which the comment was made.

(ii) Notifications regarding comments received, including a link to the User and the day on which the comment was made.

(iii) Notifications regarding platform service information, improvements, new services and utilities, relevant changes in our texts or policies, agreements with collaborating companies that offer benefits of use of the platform, everything related to the service and while you are a user of the application.

1.7. Legislation

These terms of use are governed by Spanish law, and the courts and tribunals of the city of Barcelona shall have jurisdiction.