Legal Advice

For the purposes of the provisions of Art. 10.1 of Law 34/2002 of July 11, 2002, on information society services and electronic mail, it is hereby stated that the owner of the website and service provider is FUSIO D’ARTS TECHNOLOGY, S.L., (hereinafter VISUALFY) with registered office at Av. Diputación, 48, Benisanó 46181, Valencia +34 96 202 70 93 with CIF ESB98369788, and registered in the Mercantile Register of Valencia, at T 9357, L 6639, F 20, S 8, H V 144692. I/A 1.

Access to Services and Acceptance of Conditions

Any person accessing this website and/or any electronic service provided by VISUALFY, such as, but not limited to, visiting or browsing this web portal, downloading and installing the application on your Smartphone, accepts the terms and conditions of use described in this document, You must also read, understand and accept our Privacy Policy and, if applicable, the VISUALFY application use license and all other exceptional operating rules, policies and additional procedures regarding new services or products that may be published or launched in the future by VISUALFY.

These Terms of Use apply to all the users of the service, which implies the adherence to the General Terms and Conditions in the version published at the time of accessing the services. VISUALFY shall include in its legal documents the date of the last publication or revision of the text, as well as the version in question. VISUALFY reserves the right to modify, at any time, the presentation and configuration of the Service, as well as these Terms and Conditions.

VISUALFY recommends all users to read the legal terms and conditions of use carefully every time they access to the services since, due to the nature of the services, it is possible that the contents of these General Terms and Conditions and/or the privacy policy may be modified or include changes. However, whenever substantial changes are made in the processing of information, this change will be made known to all users to obtain their consent again.

On the other hand, it is worth mentioning the limitations and prohibitions of use of VISUALFY services, which by way of example but not limited to, prohibit the user to use, publish, send or otherwise distribute information through any technical means provided by VISUALFY when:

Infringe a patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity in violation of any law or contractual right;
Is unlawful, false, misleading or inaccurate, threatening, insulting, harassing, defamatory, libelous, slanderous, deceptive, fraudulent, invasive of privacy, tortious, obscene, vulgar, pornographic, offensive, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by VISUALFY in its sole discretion;
Contain computer viruses or other computer code designed or intended to interrupt, damage, disable, limit or interfere with the proper working of any software, hardware or telecommunications equipment, or to damage or gain unauthorized access to any VISUALFY or third party system, data, password or other information;
Modify, adapt, appropriate, reproduce, reproduce, distribute, translate, create derivative works or adaptations, publicly display, sell, market or exploit in any way the service or content of the website, except with express authorization of VISUALFY;
Reflect that someone is impersonating another person or entity, including VISUALFY employees or representatives;
Includes identity documents or confidential financial information of any person or violates the Privacy Policy, as well as any other policy or rule included in these Terms of Use.

Warranties and Disclaimer

VISUALFY reserves the right to interrupt the access to the services at any time and without prior notice, either for technical, security, control, maintenance, power failure or any other justified cause.

Consequently, VISUALFY does not guarantee the reliability, availability or continuity of the Website or the Services, so that the use of the same by the users is at their own risk, and VISUALFY shall not be held liable in this sense at any time.

In addition, VISUALFY assumes no liability whatsoever arising from, including but not limited to:

The use that users make of the materials available on the website and in the application, whether prohibited or permitted, in violation of intellectual property rights and / or industrial content of the website itself or third party portals.
For possible damages to users caused by normal or abnormal functioning of the search tools, the organization or location of the contents and/or access to the services and, in general, for errors or problems generated in the development or instrumentation of the technical elements that make up the service.
VISUALFY is not responsible for the contents of those pages to which users can access from links included in the web. In particular, VISUALFY shall not be liable for the truthfulness and accuracy of the commercial offers made by the Partners to the rest of the users. On the other hand, VISUALFY shall try as far as possible to update and rectify any information hosted on its Website which does not comply with the minimum veracity guarantees.
The acts or omissions of third parties, regardless of whether these third parties may be contractually bound to VISUALFY.

Likewise, VISUALFY excludes any liability for damages of any kind that may be due to the presence of virus or the presence of other harmful elements in the contents that may cause alterations in the computer systems as well as in the documents or systems stored in them, so VISUALFY shall not be liable in any case when they occur:

Errors or delays in the access to the services by the user when entering his data in the corresponding form or any anomaly that may arise when these incidences are due to problems in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of VISUALFY.
Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the services of the website are constantly operational.
Errors or damages caused to the website due to inefficient and bad faith use of the service by the user.
Non-operability or problems in the email address provided by the user to send the requested information.

In any case, VISUALFY undertakes to solve the problems that may arise and to offer all the necessary support to the user in order to reach a quick and satisfactory solution to the incident.

Intellectual and Industrial Property of the Web Site

All the services and products offered by VISUALFY, including but not limited to its programming, edition, compilation and other elements necessary for its operation, designs, logos, text and/or graphics are property of FUSIO D’ARTS TECHNOLOGY, S.L. or in its case it has a license or express authorization from the authors and owners of the brands.

All the contents of the website are duly protected by the intellectual and industrial property regulations, as well as registered in the corresponding registers. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialization, requires in any case the prior written authorization by VISUALFY. Any use not previously authorized by VISUALFY shall be considered a serious breach of the author’s intellectual or industrial property rights. The designs, logos, text and/or graphics not belonging to VISUALFY and that may appear on the website belong to their respective owners, being themselves responsible for any possible controversy that may arise regarding them. In any case, VISUALFY has the necessary legitimacy for their use. In order to make any kind of observation regarding possible breaches of the intellectual or industrial property rights, as well as regarding any of the contents of the website, you can do it through our e-mail address dpd@visualfy.com. For the purposes of these terms of use, VISUALFY grants each user of the service a non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal and non-commercial use.

The use, reproduction, modification, distribution or storage of Content for other than personal, non-commercial use is expressly prohibited without the prior written permission of VISUALFY, or the copyright holder identified in the copyright notice for such Content, as applicable. You may not sell, license, rent, use or exploit the Content for commercial purposes or in any manner that violates the rights of any third party. The purpose of commercial use of the services is solely and exclusively enabled for entities that contribute content and challenges to the application.

Intellectual Property of the Content created by Users

All information, photos, and content in general, submitted through the “comments” section and / or “contact”, is the sole responsibility of the person who originates such content. Therefore, when publishing, the user agrees to submit only material for which he/she holds intellectual or industrial property rights and must avoid submitting content that is protected by trade secret or otherwise, including privacy and publicity rights, unless he/she is the owner of such rights or has permission from the owner to publish the material and grant the Website all the license rights granted herein.

VISUALFY may use the publications and the content generated by the user (after verifying the legality of the same) for publication, including, but not limited to, displaying them publicly, incorporating them in marketing and promotional material, making improvements in the mobile application, etc. By sending the content (including photographic material) the user grants FUSIO D’ARTS TECHNOLOGY, S.L, a worldwide right to use, copy, edit, modify, reproduce, distribute, prepare derivative works, display, perform and exploit the content provided by the user in connection with VISUALFY services. The user will have the corresponding legal information and conditions before sending any kind of information or content.

Rules and Code of Conduct

VISUALFY makes available to all users of the web portal and the software application different ways and means of participation to encourage conversation and exchange of ideas and opinions. Its aim is to remain open and accessible to anyone as long as basic rules of coexistence and respect are respected.

Therefore, all users agree not to use such sections for any purpose that is prohibited by these Terms of Use. Each user is responsible for all of its activity in connection with the Service. In addition, you must comply with all applicable national and international laws and regulations and, if you represent a business, the advertising, marketing, privacy or other self-regulatory codes applicable to your industry.

Specifically, the rules of conduct are as follows:

The User agrees to comply with the terms and conditions of these Terms of Service, commonly accepted social norms, and all local, national and international laws and regulations.
The User agrees not to impersonate another person or organization, otherwise it may incur a fault or offense under the Penal Code and the Spanish Civil Code.
The User agrees not to use disrespectful and offensive language. Messages with threats, serious insults or any other type of comment that may offend the sensibility of other users will not be accepted. In this case, VISUALFY reserves the right to denounce and remove (in case it is a comment that has been published on the website, for example) any content that contravenes this condition.
The User agrees not to interfere with the functions related to the security of the service that prevent or limit the use or copying of any content. It is also strictly forbidden to use this website as a means to organize attacks or spam on any other type of services. Such content will be deleted along with the accounts that carried out such action.
The administrators of the service have the right to delete or edit any content and/or user account that breaches any of the rules and obligations described in these legal terms or may be considered inappropriate by VISUALFY.

The user must know that VISUALFY has a zero tolerance policy regarding child pornography and violation of people’s privacy, and will remove and report to the competent authorities any user who publishes or distributes child pornography or when it is harmful to people’s privacy and honor.

Date of publication 26/07/2019

Version 3