1. ON THE CONDITIONS OF USE OF THE PLATFORM: ITS ACCEPTANCE, MODIFICATIONS AND VALIDITY

 

These general conditions regulate the use of the service(s) associated with the web platform https://fuzzyard.es/ (hereinafter, the "Platform"), which is owned by INTERLYNX DISTRIBUCIÓN SL (hereinafter, "FuzzYard " ), an entity with registered office at C/ Manresa Num.236, 08226, (Terrassa) Barcelona and CIF B66536798.

 

1.1. Platform Users

Browsing and using the Platform grants you the status of user thereof and implies your full and unreserved acceptance of each and every provision included in these General Conditions of Use, according to the version published by FuzzYard at the time the user accesses the Platform.

In any case, users of the Platform, whether registered or not, must be at least (18) years of age. Its use by other users under that age is prohibited. Therefore, you assume responsibility for compliance with this condition, declaring that you are of the minimum age to access and use the Platform. FuzzYard may, at any time, request any necessary supporting documentation in order to verify due compliance with this condition.

In the event of a violation by users of the terms and policies to which the Platform is subject, FuzzYard may deny users access to the Platform, suspend the services being provided, or, if applicable, deactivate user accounts, without this incurring any right to a refund or monetary compensation.

1.2. Modification of conditions

We therefore recommend that users carefully read these Terms of Use each time they access the Platform, as they may be modified for legal, technical, corporate, or self-regulatory reasons, or due to FuzzYard 's own voluntary adherence to existing codes of conduct that are relevant to its business and the best protection of its users' rights. Whenever possible, FuzzYard will publicize through the Platform any changes to these Terms of Use that are relevant to the rights and interests of Platform users, prior to their effective date. If you do not agree, you may unsubscribe from the relevant service(s).

1.3. Validity

The declaration of any of the Terms of Use as null, invalid, or unenforceable shall not affect the validity or enforceability of the remaining Terms of Use, which shall remain binding on the parties. Furthermore, the waiver by either party of any requirement, at any given time, of compliance with any of these Terms of Use shall not constitute a general waiver of compliance with any other condition or conditions imposed, nor shall it create any acquired right for the other party.

1.4. Duration

Access to the Platform's content is, in principle, of indefinite duration.

FuzzYard is authorized to terminate or suspend the provision of services or the performance of actions through the Platform at any time, subject to full compliance with the regulations applicable in such cases. When reasonably possible, FuzzYard will provide advance notice through the Platform of the termination or suspension of the services provided through it.

2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM

Through the Platform, FuzzYard provides users with information, requests, access and/or use of the services or content (hereinafter, the "Service" or "Services"), developed or made available by FuzzYard under the terms and conditions established for each case.

2.1. Free access to and use of the Platform

Access and/or navigation through the Platform by users is free of charge, which is understood without prejudice to the paid nature of the services that may be provided through the Platform under the terms and conditions established by FuzzYard.

2.2. Navigation, registration and data forms

Generally speaking, initial access to or browsing of the Platform does not imply or determine prior subscription or registration by users. However, FuzzYard may condition the provision of certain services or access to content offered through the Platform on the user's prior registration, as well as on the user's completion of the corresponding data forms. FuzzYard reserves the right to unilaterally modify, at any time, the registration system or the data forms provided on the Platform for legal, technical, or corporate reasons, or in accordance with any self-regulatory processes to which it may be subject.

2.3. Truthfulness, accuracy and timeliness of the information provided by the user

The data entered by users in the corresponding registration forms or in the data collection forms available through the Platform must, at all times, be accurate, current, and truthful and will be processed by FuzzYard in accordance with Spanish personal data protection legislation (in the case of personal data). The user (or their legal representative) will be solely responsible for any false, inaccurate, or outdated statements made and for any damages caused to FuzzYard or third parties as a result of breaching this obligation.

2.4. Obligation to make correct and responsible use of the Platform and the Services

The user agrees to use the Platform and the Services in a reasonable manner, in accordance with current regulations, these terms of use, the specific conditions of the services, the privacy policy and other notices, regulations of use, and instructions made known to him/her, generally accepted morality and good customs, and public order. In the event of non-compliance with these commitments, FuzzYard reserves the right to exclude, prohibit or deny him/her access to the Platform and its services, without prejudice to FuzzYard 's possibility of exercising any legal and/or judicial actions it deems of interest in light of its legitimate interests and rights (its own or those of third parties).

3. PROHIBITED USES

Users of the Platform are PROHIBITED from:

1. Use any of the services or content provided through the Platform for illegal purposes or effects, prohibited in these conditions, or harmful to the rights and interests of FuzzYard or third parties. Illicit purposes will be considered, among others, to include the use by users of the services or content provided for profit, commercial purposes, theft of business secrets or know-how, promotional purposes, advertising purposes, purposes that encourage participation in all types of games of chance, lotteries, or bingo games, and the collection of data from third parties. The use of the services and content on the Platform is for purely corporate or personal purposes as provided in these Conditions and is directed exclusively to users authorized by FuzzYard for these purposes.

2. Damage, disable, overload, impair, or impede the normal use of services through the Platform, as well as cyberattack the Platform, associated systems, or processes in any way.

3. Transmit, communicate or make available to third parties information, data, content, messages and, in general, any type of content that:

• In any way, it is contrary to, disregards, or violates the fundamental rights and public freedoms recognized by the Constitution, international treaties, and other applicable legislation, particularly with respect to persons with disabilities and other particularly vulnerable groups, such as minors or the elderly in particular.
• It is contrary to the right to honor, personal and family privacy or the image of individuals, or contradicts or infringes the fundamental right to privacy and the protection of personal data.
• Induce, incite or promote illegal, criminal, derogatory, defamatory, infamous, violent actions or, in general, actions that are contrary to the law, morality and generally accepted good customs or public order.
• Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
• Incorporate, make available or allow access to elements, messages and/or services that are illegal, pornographic, criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.
• Induce or may induce an unacceptable state of anxiety or fear.
• Induce or incite people to engage in practices that are dangerous, risky, or harmful to their health and physical or mental balance.
• Is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained the necessary authorization from their owners to carry out the use that is made or intended to be made.
• Violate the secrets of FuzzYard or any other third party.
• Be false, ambiguous, inaccurate, exaggerated or untimely, in such a way that it induces or may induce error about its object or about the intentions or purposes of the communicator.
• In any way, damage the reputation of FuzzYard or third parties; (ll) constitute, where applicable, illicit, misleading or unfair advertising and, in general, constitute unfair competition.
• Incorporate viruses or other physical or electronic elements that may damage or prevent the normal operation of the social network, the system or computer equipment (hardware and software) of FuzzYard , or of third parties, or that may damage electronic documents, digital content and files stored on said systems or computer equipment.
• Causes, due to its characteristics (such as format, extension, etc.), difficulties in the normal functioning of the services or access to the Platform or its contents,

In the event of a violation of these prohibitions by the users concerned, and from the moment FuzzYard becomes aware of the facts, this entity may issue as many warnings as necessary to immediately cease such activities/actions; promote their immediate withdrawal or rectification; and may not transmit or, where applicable, simply not take into consideration any ratings, opinions, or comments made within the framework of the Platform.

Should such requests from FuzzYard not be addressed by the corresponding user, whether by legal or judicial mandate, or simply in response to its own or third party legitimate interests, FuzzYard may block and remove from the Platform, at any time, the aforementioned elements, information, ratings and content if it becomes aware of their illegitimacy, without prior notice to users. It may also suspend, deactivate or delete the user's account, if one exists, without this generating any right or monetary compensation for the user.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The user agrees to use the content and services made available to them on the Platform, which includes, but is not limited to, texts, graphics, images, icons, technology, software, links, and other digital, audiovisual, or audio content, as well as their graphic design and source codes (hereinafter, the "Content"), in accordance with the law, these terms of use, the specific conditions of the services, and other notices, regulations of use, and instructions made known to them, as well as with generally accepted morality and good customs and public order. In particular, the user agrees to refrain from:

• Reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the services and content, unless authorized by the owner of the corresponding rights or legally permitted.
• Delete, manipulate, or in any way alter the copyright and other identifying information of FuzzYard or third parties.
• Exercise or abuse the exploitation rights associated with such content, unless you have been expressly authorized to do so by the legitimate owner and, where applicable, to do so under the conditions expressly agreed upon in this regard.

All brands, names, distinctive signs, content architecture (design, navigation, arrangement and taxonomy of the Platform and its contents, etc.) and content or software of any kind that are incorporated into the Platform are the property of FuzzYard , or of third parties, and it cannot be understood that the use or access to the Platform and/or the contents or services, grants the user any right over the aforementioned brands, trade names and/or distinctive signs, as well as over any other elements available through it.

Ultimately, the contents and other services are under the intellectual or industrial property of FuzzYard , or of third parties, and none of the rights that fall or may fall on them may be understood to be transferred to the user, by virtue of the provisions of these conditions of use or of the services, beyond what is strictly necessary for the correct use or access to the Platform and the services and contents (use not sub-licensable to third parties due to the characteristics of the service and other associated legal requirements) that, through it, are provided or may be provided to the user.

5. HYPERLINKS

Users and, in general, those persons who intend to establish a hyperlink between their website and the Platform (hereinafter, the "Hyperlink") must comply with the following conditions:

1. The Hyperlink will only allow access to the Platform's home page, but may not reproduce it in any way, which includes the prohibition of reproducing or linking to specific content or services of the Platform without the express written authorization of FuzzYard.
2. A frame will not be created on the Platform's web pages.
3. No false, inaccurate or incorrect statements or indications will be made about FuzzYard , its senior management, its officers or collaborators, nor with respect to the content or services provided, whether directly or indirectly.
4. It will not be declared or implied that FuzzYard or any other third party present on the Platform has authorized the Hyperlink or that it has supervised or assumed in any way the services offered or made available on the website on which the Hyperlink is established. Except for those signs that form part of the Hyperlink itself, the website on which the Hyperlink is established will not contain any brand, name, label, denomination, logo, slogan or other distinctive signs belonging to FuzzYard or third parties that are related to it, in particular, those visible through the Platform.
5. The website on which the Hyperlink is established will not contain information or content that is illegal, contrary to morality and generally accepted good customs and public order, especially with regard to disabled or especially vulnerable people such as minors or elderly people, nor will it contain content that violates any rights of FuzzYard or third parties.

The establishment of the Hyperlink does not imply, in any case, the existence of relations between FuzzYard and any third party included or existing in the Platform, on the one hand, and the owner of the website on which it is established, on the other hand, nor the acceptance and approval by FuzzYard or such third parties, of their contents or services.

In any case, FuzzYard may, at any time, request the persons who have established a hyperlink between its website and the Platform to remove it, reserving any legal and/or judicial actions that may correspond to it.

6. EXCLUSION OF WARRANTIES AND LIABILITY

FuzzYard does not guarantee the availability and continuity of the Platform and the services provided through it, whether its own or those of third parties. When reasonably possible, it will provide advance notice of any interruptions in the operation of the Platform, access to its content, or the provision of the corresponding services.

FuzzYard also does not guarantee the usefulness of the Platform and the content and services provided through it for the performance of any specific activity or purpose intended by the user thereof.

FuzzYard does not control or guarantee the absence of viruses or other elements in the content that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system, although it will adopt the necessary preventive and corrective measures in this area.

FuzzYard does not guarantee the truthfulness, accuracy, completeness, timeliness, legality, reliability, or usefulness of the Platform's content and services, particularly those provided, offered, advertised, or provided by third parties other than this entity.

FuzzYard may make available to users through the Platform technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, "Linked Sites"). The installation of these links, directories and search tools on the Platform is for the sole purpose of facilitating users' search and access to information, content and services available on the Internet. The results of search tools are provided directly by third parties and are a consequence of the automatic operation of technical mechanisms, so FuzzYard cannot and does not control these results and, in particular, that among them there may appear Internet sites whose content may be illegal, contrary to morality or good customs or considered inappropriate for other reasons.

FuzzYard, as a mere provider of information society services, does not assume responsibility for, direct or control, nor is it in any way associated with the opinions, comments, or actions associated with users, nor does it have any editorial activity in this regard. The user (and, where applicable, their respective legal representatives) will be solely responsible for such opinions, comments, or actions carried out through the Platform.

FuzzYard also does not assume responsibility for, share in, or assist in any way with the actions intended or taken by Platform users. Users (and, where applicable, their respective legal representatives) will be solely responsible for the actions or measures they intend, undertake, or adopt based on information accessed or transmitted through the Platform, primarily by other users.

FuzzYard , despite the multiple prohibitions, rules and recommendations directed to users of the Platform, does not guarantee, nor is it responsible in any way for users using the Platform, the services and content provided through it in a manner consistent with this legal notice or the privacy policy, or that they do so in a diligent and prudent manner. However, it may implement security and detection systems in this area and will adopt all necessary corrective measures from the moment it becomes aware of possible non-compliance in this regard, ensuring the general legitimacy of the services, content, ratings, opinions and comments that may be made through the Platform, without this representing or implying any obligation of control on the part of FuzzYard .

Users of the Platform (and, where applicable, their respective legal representatives) are, in general, solely responsible for the actions, ratings, opinions, comments, content, and information they publish, transmit, communicate, or contribute through the Platform.

In all of the above cases, FuzzYard excludes any liability, damages or losses that may occur or may occur, to the fullest extent permitted by applicable law, whether to the user, their respective legal representatives or any other third party.

7. PROCEDURE IN CASE OF ILLEGAL ACTIVITIES

In the event that any user, person or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any service and content provided through the Platform, or that their rights and legitimate interests have been violated, they may send a notification to FuzzYard , through any legally valid means, which at least contains the following details:

• Claimant's identification and contact information: full name, postal and email address for notification purposes, national identification document, passport or equivalent legal document (including a copy or photocopy of the same), and contact telephone number.
• Specification of the alleged illegal activity carried out on the Platform.
• In the case of an alleged violation of intellectual or industrial property rights, a precise indication of these, supporting documentation in relation to them (if any), an indication of the protected content or elements, as well as their specific location on the Platform, if applicable.
• Sufficient powers of representation (legal or voluntary). Depending on the case, Family Book and National Identity Document, passport, or equivalent document proving the identity of the legal representative (in the case of a legal representative of a minor), sufficient powers of representation (in the case of voluntary representatives of the claimant or affected person).
• An express, clear statement, under the claimant's responsibility, that the information provided in the notification is accurate and that the use of the contents or the performance of the activities described are unlawful.
• Handwritten or electronic signature of the claimant or affected person on whose behalf the claimant acts and date.

In these cases, FuzzYard will examine the notification sent and its accompanying documentation and, as soon as possible, will respond to the complainant (or his legal or voluntary representative, as the case may be), without prejudice to its right to block or remove, temporarily or permanently, at any time and without prior notice to the user, content, opinions, comments or any information or element that is the subject of the complaint or related to it.

8. WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENT

FuzzYard , in the event of non-compliance by the user with these terms of use and the Platform's Privacy and Cookies Policy, also accessible from here, all of which documents are fully and unreservedly accepted by the user, may, depending on the cases described in these documents, deactivate or delete the user's account or prevent the user from using the Platform and the services associated with it, without this generating for the user, for non-compliance with their specific obligations, any compensation, reimbursement or right in this area.

Likewise, FuzzYard reserves the right to block and remove from the Platform, at any time, without prior notice to the user, the publication of data, elements, ratings, comments, opinions and, in general, any content that is or may be contrary to applicable law, rules, policies and conditions.

In any case, FuzzYard reserves the right to take any legal or judicial action that may be appropriate in response to such actions.

9. APPLICABLE LEGISLATION, JURISDICTION

These conditions are governed, in each and every one of their aspects, by the applicable Spanish law, resulting in the Platform, in case of conflict or divergence in the interpretation and/or execution of the same, or of any other of the particular conditions provided in the Platform, with waiver of any other jurisdiction that may correspond to the parties, to the competent Courts and Tribunals of FuzzYard .