INFORMATION SOCIETY SERVICES LAW (LSSI)
WAPPY DREAMS FACTORY, S.L.U., registered in the Commercial Registry of Madrid, Volume: 31249, Book: 0, Page: 154, Section: 8, Sheet: M562486, Entry or Annotation: 1, Date: 02/07/2013, as the responsible entity of the website, hereinafter RESPONSIBLE, makes this document available to users, intending to comply with the obligations stipulated in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as inform all website users about the conditions of use.
Any person who accesses this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other applicable legal provision.
WAPPY DREAMS FACTORY, S.L.U. reserves the right to modify any information that may appear on the website without any obligation to provide prior notice or inform users of such modifications, with publication on the WAPPY DREAMS FACTORY, S.L.U. website being sufficient.
IDENTIFICATION DATA
Corporate Name: WAPPY DREAMS FACTORY, S.L.U.
Trade Name: WAPPY
CIF: B86764586
Address: C/ CADARSO 12, 28008, MADRID
Email: legal@wappy.es
PURPOSE
Through the Website, we offer Users the possibility of accessing information about our services.
PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data for access to certain content or services, Users guarantee its truthfulness, accuracy, authenticity, and validity. The company will give such data the automated processing that corresponds according to its nature or purpose, in the terms indicated in the Privacy Policy section.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and agrees that all content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights on the content and/or any other elements inserted on the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform or modify such content, keeping the company harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any waiver, transfer, license, or total or partial cession of such rights unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by the company or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The company owns the elements that make up the graphic design of the Website, the navigation menus, buttons, HTML code, texts, images, textures, graphics, and any other content of the Website or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the mentioned Entity.
It is also forbidden to remove, evade, and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case the company the exercise of any means or legal actions that may correspond in defense of its legitimate rights of intellectual and industrial property.
OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User agrees to:
1. Make appropriate and lawful use of the Website and its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.
2. Provide all the technical means and requirements needed to access the Website.
3. Provide truthful information when filling in personal data forms contained on the Website and to keep them updated at all times so that they reflect the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the company or third parties by the information provided.
Additionally, the User must refrain from:
1. Making unauthorized or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that may damage, disable, overburden, impair, or impede the normal use of the services or documents, files, and all kinds of content stored on any computer equipment.
2. Accessing or attempting to access restricted areas of the Website, without meeting the conditions required for such access.
3. Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
4. Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers, or third parties.
5. Attempting to access, use, and/or manipulate the data of the company, third-party providers, and other Users.
6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the owner of the corresponding rights or it is legally permitted.
7. Deleting, hiding, or manipulating notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
8. Obtaining and attempting to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those commonly used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the contents.
In particular, and merely indicative and not exhaustive, the User agrees not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:
• In any way is contrary, disparages, or infringes fundamental rights and public freedoms recognized constitutionally, in international treaties, and other current legislation.
• Induces, incites, or promotes criminal, denigratory, defamatory, violent actions or, in general, actions contrary to the law, morality, 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 products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morality, and generally accepted good customs or public order.
• Induces or may induce an unacceptable state of anxiety or fear.
• Induces or incites to engage in dangerous, risky, or harmful practices for health and psychological balance.
• Is protected by the legislation on intellectual or industrial protection belonging to the company or third parties without having been authorized for the intended use.
• Is contrary to honor, personal and family privacy, or the image of individuals.
• Constitutes any type of advertising.
• Includes any type of virus or program that prevents the normal operation of the Website.
If to access some of the services and/or contents of the Website, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, nor to allow access to the mentioned services and/or contents by persons outside. Likewise, you are obliged to notify the company of any event that may result in the improper use of your password, such as its theft, loss, or unauthorized access, to proceed with its immediate cancellation. Consequently, while not making the previous notification, the company will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illicit use of the contents and/or services of the Website by any illegitimate third party. If negligently or fraudulently you fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages and losses that may arise from such failure for the company.
RESPONSIBILITIES
Access to the website is not guaranteed continuously, nor the correct display, download, or use of the elements and information contained on the website, which may be impeded, hindered, or interrupted by factors or circumstances beyond its control. It is not responsible for the decisions that may be taken as a result of access to the content or information offered.
The service may be interrupted, or the relationship with the User may be immediately terminated if it is detected that the use of its Website, or any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for any damages, losses, claims, or expenses arising from the use of the Website.
We are only responsible for removing, as soon as possible, any content that may generate such damages, provided this is notified. Specifically, we will not be responsible for damages that may arise, among others, from:
• Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the functioning of the electronic system, caused by deficiencies, overloads, and errors in telecommunications lines and networks, or any other cause beyond the control of the company.
• Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
• Improper or inappropriate use of the Website.
• Security or navigation errors caused by a malfunction of the browser or by the use of outdated versions of it. The website administrators reserve the right to withdraw, totally or partially, any content or information present on the Website.
The company excludes any liability for damages of any kind that may be due to the misuse of the freely available and used services by the Users of the Website. Likewise, it is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of query and doubt services. On the other hand, in case of causing damages and losses for an illicit or incorrect use of such services, the User may be claimed for the damages or losses caused.
You will hold the company harmless against any damages and losses arising from claims, actions, or demands of third parties as a result of your access or use of the Website. Furthermore, you agree to indemnify against any damages and losses, arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action by you that imposes an unreasonable burden on the operation of the Website.
HYPERLINKS
The User agrees not to reproduce in any way, not even through a hyperlink or hyperlink, the Website, as well as any of its contents, unless expressly authorized in writing by the file manager.
The Website may include links to other web spaces, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such web spaces, nor does it place itself in a position of guarantor or provider of the services and/or information that may be offered to third parties through third-party links.
A limited, revocable, and non-exclusive right is granted to the User to create links to the main page of the Website exclusively for private and non-commercial use. The websites that include a link to our Website (i) may not falsify their relationship or state that such a link has been authorized, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race, or religion, contrary to public order or unlawful; (iii) may not link to any page of the Website other than the main page; (iv) must link to the address of the Website itself, without allowing the website that makes the link to reproduce the Website as part of its web or within one of its “frames” or create a “browser” on any of the pages of the Website. The company may request, at any time, to remove any link to the Website, after which it must proceed immediately to its removal.
The company cannot control the information, content, products, or services provided by other web spaces that have established links to the Website.
DATA PROTECTION
To use some of the Services, the User must provide certain personal data beforehand. The company will treat these data automatically and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the treatment of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.
COOKIES
The company reserves the right to use the “cookie” technology on the Website, to recognize it as a frequent User and personalize the use made of the Website by pre-selecting its language, or more desired or specific content.
Cookies collect the user’s IP address, with Google being responsible for the processing of this information.
Cookies are files sent to a browser, through a Web server, to record the User’s navigation on the Website, when the User allows their reception. If you wish, you can configure your browser to be warned on screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser’s instructions and manuals for more information.
Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized to facilitate content and offer navigation or advertising preferences to the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control progress and number of entries.
STATEMENTS AND WARRANTIES
In general, the contents and services offered on the Website are purely informative. Therefore, by offering them, no warranty or statement is given regarding the contents and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such statements and warranties cannot be excluded by law.
FORCE MAJEURE
The company will not be liable at all in case of inability to provide service, if this is due to prolonged interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. For the resolution of any controversy, the parties will submit to the Courts and Tribunals of the domicile of the Website Owner.
In the event that any provision of these General Conditions of Use is unenforceable or void by virtue of applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity will not make these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to modify or replace such stipulation with another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original stipulation.