1. ABOUT 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"), and which is under the ownership of INTERLYNX DISTRIBUCIÓN SL (hereinafter, the "Platform"). successive, “FUZZ YARD ” ), entity with address at C/ Manresa Num.236, 08226, (Terrassa) Barcelona and CIF B66536798.

 

1.1. Platform Users

Browsing and using the Platform attributes to you the status of user thereof and implies your full and unreserved acceptance of each and every one of the provisions included in these General Conditions of Use, according to the version published by FUZZ YARD on the moment the user accesses the Platform.

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

FUZZ YARD, in the event of violation by users of the terms and policies to which the Platform is subject, may prevent the user from accessing it, as well as suspend the services that have been provided or, if applicable, deactivate accounts. of user, without this determining the right to a refund or any monetary compensation for them.

1.2. Modification of conditions

Therefore, we recommend that the user, each time they access the Platform, carefully read these conditions of use, since they may undergo modifications for legal, technical, corporate reasons or derived from self-regulation processes, their own, or by adhesion. voluntary of FUZZ YARD to existing codes of conduct of interest for its activity and the best protection of the rights of its users. Whenever possible, FUZZ YARD will advertise through the Platform, in advance of its entry into force, any relevant modification of these conditions for the rights and interests of users of the Platform. If you do not agree, you may unsubscribe from the service(s) in question.

1.3. Validity

The declaration of any of the conditions of use as null, invalid or ineffective will not affect the validity or effectiveness of the remaining ones, which will continue to be binding between the parties. Likewise, the waiver by any of the parties to demand, at a specific time, compliance with any of these conditions, will not imply a general waiver of compliance with any other condition or conditions imposed, nor will it generate an acquired right for the other. part.

1.4. Duration

Access to the contents of the Platform has, in principle, an indefinite duration.

FUZZ YARD is authorized to terminate or suspend the provision of services or the development of actions through the Platform at any time, although with full compliance with the applicable regulations in these cases. When reasonably possible, FUZZ YARD will provide prior notice through the Platform of the termination or suspension of the provision of the services provided through it.

2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM.

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

2.1. Free nature of access 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 remunerated nature of the services that may be available through the Platform in the terms and conditions established by FUZZ. YARD.

2.2. Navigation, registration and data forms

In general, access or initial navigation through the Platform does not imply or determine the prior subscription or registration of users. However, FUZZ YARD may condition the provision of certain services, or access to the content offered through the Platform, to the user's prior registration on the Platform, as well as the user's completion of the corresponding data forms. . FUZZ YARD reserves the right to unilaterally modify, at any time, the registration system or the data forms provided on the Platform for legal, technical, corporate reasons or based on any self-regulation processes to which it may be subject.

23. Veracity, 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 be, at all times, accurate, current and truthful and will be processed by FUZZ YARD, in accordance with the legislation. Spanish protection of personal data (in the case of personal data). The user (or his/her legal representative) will be solely responsible for any false, inaccurate or outdated statements made and for any damages caused to FUZZ YARD or third parties as a result of failure to comply with this duty.

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

The user undertakes to use the Platform and the Services in a reasonable manner in accordance with current regulations, these conditions of use, the particular conditions of the services, the privacy policy and other notices, regulations of use, and instructions placed on their website. knowledge, morality and good customs, generally accepted, and public order. In the event of non-compliance with such commitments, FUZZ YARD reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of exercising by FUZZ YARD any legal and/or judicial actions that may arise. they deem of interest in light of their legitimate interests and rights (their own or those of third parties).

3. USES NOT PERMITTED.

Users of the Platform are PROHIBITED:

1. Use any of the services or content provided through the Platform for illicit purposes or effects, prohibited in these conditions, harmful to the rights and interests of FUZZ YARD, or third parties. Illegal purposes will be considered, among others, the use by users of the services or content provided for a lucrative, commercial purpose, theft of secrets or business, promotional, advertising know-how, which encourages participation in all types of games. chance, luck, raffles or bingos and collection of data from third parties. The use of the services and content on the Platform has a purely corporate or personal nature as provided for in these Conditions and is directed, exclusively, to users authorized by FUZZ YARD for these purposes.

2. Damage, disable, overload, deteriorate or prevent the normal use of the services through the Platform, as well as cyberattack the Platform, systems or associated 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, whether it is contrary to, belittles or violates the fundamental rights and public freedoms recognized constitutionally, in international treaties and in the rest of the applicable legislation, in particular, with respect to disabled people and other especially vulnerable groups such as minors. elderly or elderly people;
• in particular, is contrary to the right to honor, personal and family privacy or the person's own image;
• or contradicts or infringes the fundamental right to privacy and the protection of personal data.
• induces, incites or promotes illegal, criminal, denigratory, defamatory, slanderous, violent actions or, in general, are contrary to the law, morality and generally accepted good customs or public order;
• induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
• incorporates, makes available or allows 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 to the public order;
• induces or may induce an unacceptable state of anxiety or fear;
• induces or incites involvement in practices that are dangerous, risky or harmful to the health and physical or mental balance of people;
• is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorization to carry out the use they make or intend to make;
• violates the secrets of FUZZ YARD or any other third party;
• is false, ambiguous, inaccurate, exaggerated or untimely, in a way that leads or may lead to error regarding its object or about the intentions or purposes of the communicator;
• in any way impairs the credit of FUZZ YARD or third parties; (ll) constitutes, where appropriate, illegal, misleading or unfair advertising and, in general, constitutes unfair competition;
• incorporates viruses or other physical or electronic elements that may damage or impede the normal functioning of the social network, the system or computer equipment (hardware and software) of FUZZ YARD, or third parties, or that may damage electronic documents, digital content and files stored on such computer systems or equipment;
• due to its characteristics (such as format, extension, etc.), causes difficulties in the normal functioning of the services or access to the Platform or its contents;

In the event of violation of these prohibitions by the users in question, and from the moment of reliable knowledge of the facts by FUZZ YARD, this entity may issue them as many warnings as may be necessary in order to immediately cease such activities. performances; promote its immediate withdrawal or rectification; as well as not transmitting or simply not taking into consideration, where appropriate, possible evaluations, opinions or comments made within the framework of the Platform.

If such requests from FUZZ YARD are not attended to by the corresponding user, by mere legal or judicial mandate, or simply in response to the legitimate interests of itself or third parties, FUZZ YARD may block and withdraw from the Platform, at any time. moment, the previous elements, information, evaluations and contents in case of knowledge of their illegitimacy without the need for prior notice to users. It may also suspend, deactivate or delete the user's account, if it exists, without generating any right or monetary compensation in favor of the user.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY.

The user agrees to use the content and services made available to them on the Platform, understood as, without this list being limiting, texts, graphics, images, icons, technology, software, links and other digital content. , audiovisual or sound, as well as its graphic design and source codes (hereinafter, the "Contents"), in accordance with the law, these conditions of use, the particular conditions of the services and other notices, regulations of use and instructions posted in their knowledge, as well as with morality and generally accepted good customs and public order. In particular, you undertake to refrain from:

• Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the services and content, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
• Delete, manipulate or in any way alter the "copyright" and other identifying data of the reservation of rights of FUZZ YARD or third parties.
• Exercise or abuse the exercise of the exploitation rights associated with such content, unless it has been expressly authorized for this purpose by its legitimate owner and, where appropriate, to do so under the conditions expressly agreed upon in this regard.

All brands, names, distinctive signs, content architecture (design, navigation, organization and taxonomy of the Platform and its contents, etc.) and the content or software of any kind that are incorporated into the Platform are the property of the FUZZ YARD, or third parties, without it being understood that the use or access to the Platform and/or the contents or services, attributes to the user any right over the aforementioned brands, trade names and/or distinctive signs, as well as over any of other elements arranged throughout it.

In short, the contents and other services are under the intellectual or industrial property of FUZZ YARD, or of third parties, without being understood as transferred to the user, by virtue of the provisions of these conditions of use or the services, none of the rights that fall or may fall on them, beyond what is strictly necessary for the correct use or access to the Platform and the services and contents (use not sublicensable to third parties due to the characteristics of the service and other associated legal requirements). that, through it, are provided or could be provided to the user.

5. HYPERLINKS.

Users and, in general, those people 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 home-page or start page of the Platform, but may not reproduce them in any way, which includes the prohibition of reproducing or linking to specific content or services of the Platform without express written authorization. from FUZZ YARD;
2. A frame will not be created on the Platform web pages;
3. No false, inaccurate or incorrect statements or indications will be made about FUZZ YARD, its senior officials, its officials or collaborators, or regarding the content or services provided, whether directly or indirectly;
4. It will not be declared or implied that FUZZ YARD 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 link is established. Hyperlink. With the exception of those signs that are part of the Hyperlink itself, the web page on which the Hyperlink is established will not contain any brand, name, label, denomination, logo, slogan or other distinctive signs belonging to FUZZ YARD or third parties that are related to the same, in particular, those visible through the Platform;
5. The web page on which the Hyperlink is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, especially with respect to the disabled or especially vulnerable people such as minors or advanced people. age, nor will it contain content that violates any rights of FUZZ YARD or third parties.

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

In any case, FUZZ YARD may, at any time, urge people who have established a hyperlink between its website and the Platform to delete it, subject to any legal and/or judicial actions that may apply.

6. EXCLUSION OF WARRANTIES AND LIABILITY.

FUZZ YARD does not guarantee the availability and continuity of the operation of the Platform and the services provided through it, whether its own or third parties. When reasonably possible, it will provide prior warning of interruptions in the operation of the Platform, access to its contents, or the provision of the corresponding services.

FUZZ YARD also does not guarantee the usefulness of the Platform and the contents and services available through it for the performance of any specific activity or purpose intended by its user.

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

FUZZ YARD does not absolutely guarantee the veracity, accuracy, completeness, current legality, reliability and usefulness of the contents and services of the Platform, in particular, those provided, offered, advertised or transferred by third parties outside this entity.

FUZZ YARD may make available to users through the Platform technical link 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 has the sole purpose of facilitating users' search for and access to the 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 FUZZ YARD cannot and does not control these results and, in particular, that Internet sites appear among them whose contents may be illegal, contrary to morality or good customs or considered inappropriate for other reasons.

FUZZ YARD, as a mere provider of information society services, does not assume, direct or control, nor identify in any way with the opinions, comments or actions associated with users, nor does it carry out any editorial activity in this area. The user (and, where applicable, their respective legal representatives) will be solely responsible for said opinions, comments or actions through the Platform.

FUZZ YARD also does not assume, share or contribute, in any way, to the actions intended or carried out by the users of the Platform. Users (and, where applicable, their respective legal representatives) will be solely responsible for the actions or measures that they intend, undertake or adopt based on the information accessed or transmitted through the Platform, on a basic basis, by other users. of the same.

FUZZ YARD, despite the multiple prohibitions, rules and recommendations that it directs to the users of the Platform, does not guarantee, nor is it responsible in any way that the users make use of it, the services and the contents available through of this in a manner consistent with this legal notice or the privacy policy, nor 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 has reliable knowledge of possible non-compliance in this regard, ensuring the general legitimacy of the services, content, ratings, opinions and comments that it provides. may be carried out through the Platform, without this representing or implying for FUZZ YARD any obligation of control at its expense.

The users of the Platform (and, where applicable, their respective legal managers) are, in general, the only ones responsible for the actions, evaluations, opinions, comments, content and information that they publish, transmit, communicate or contribute through the platform.

In all the above cases, FUZZ YARD excludes any liability, damages or losses that occur or could occur, to the full extent permitted by the applicable legal system, whether against the user, their respective legal representatives or against any other third party. .

7. PROCEDURE IN CASE OF CARRYING OUT ACTIVITIES OF AN ILLICIT NATURE.

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 FUZZ YARD, through any legally valid means that, at least, contains the following:

• Identification and contact information of the claimant: name and surname, postal and electronic address (email) for notification purposes, national identification document, passport or equivalent legal document (including a copy or photocopy thereof), 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, precise indication of these, supporting documentation in relation to them (if any), indication of the contents or elements protected, 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 DNI, passport or equivalent document that proves the identity of the legal representative (in case of legal representative of a minor), sufficient powers of representation (in case of voluntary representatives of the claimant or affected person) .
• Express, clear declaration, under the responsibility of the claimant, that the information provided in the notification is accurate and of the illegal nature of the use of the content or the performance of the activities described.
• Handwritten or electronic signature of the claimant or affected person on whose behalf they act and date.

FUZZ YARD, in these cases, will examine the notification sent and its attached documentation and, as soon as possible, respond to the claimant (or their legal or voluntary representative, as the case may be), without prejudice to their right to temporarily block or withdraw or definitively, at any time, and without prior notice to the user, content, opinions, comments or any information or element that is the subject of the claim or related to it.

8. WITHDRAWAL AND SUSPENSION OF SERVICES AND CONTENT.

FUZZ YARD, in the event of non-compliance by the user with these conditions of use and the Privacy and Cookies Policy of the Platform, also accessible from here, all of which documents the user accepts fully and without reservation, may, according to 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, due to non-compliance by the user with his or her specific obligations, compensation, compensation or any right in this area.

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

In any case, FUZZ YARD reserves the right to take any legal or judicial actions that may be appropriate regarding such actions.

9. APPLICABLE LEGISLATION, JURISDICTION.

These conditions are governed, in each and every one of their extremes, by the applicable Spanish law, resulting from the Platform, in the event of conflict or divergence in the interpretation and/or execution thereof, or any other of the particular conditions provided. on the Platform, waiving any other jurisdiction that may correspond to the parties, to the competent Courts and Tribunals of FUZZ YARD.