Legal warning

Legal information

For the purposes of the provisions of Art. 10.1 of Law 34/2002 of July 11, on services of the information society and email, it is stated that the owner of the web portal and provider of the services is FUSIO D ‘ARTS TECHNOLOGY, SL, (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 Registry of Valencia, at T 9357, L 6639 , F 20, S 8, HV 144692. I / A 1.

 

Access to Services and Acceptance of Conditions

Any person who accesses this website and / or any electronic service provided by VISUALFY, for example, 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, and must also read, understand and accept our Privacy Policy, and where appropriate, the license to use the VISUALFY application and all other exceptional rules of operation, policies and additional procedures on new services or products that may be published or launched in the future by VISUALFY.

These Terms of use apply to all users of the service, which implies adherence to the General Conditions in the version published at the time the services are accessed. VISUALFY will include in its legal documents the date of 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 General Conditions.

VISUALFY recommends that all users read the legal terms and conditions of use carefully each time they access the services because, due to the nature of the services, changes in the content of these General Conditions may be modified or included. / or the privacy policy. However, whenever substantial changes are made in the processing of the information, said change will be revealed to all users to seek the consent given again.

On the other hand, it is worth highlighting the limitations and prohibitions of using VISUALFY services, which, by way of example but not limitation, prohibit the user from using, publishing, sending or otherwise distributing information through any technical means provided by VISUALFY when :

● Infringes a patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity that violates a law or contractual right;      

● Is illegal, false, misleading or inaccurate, threatening, insulting, hostile, defamatory, slanderous, deceptive, fraudulent, invasive of privacy, aggravating, obscene, vulgar, pornographic, offensive, containing or representing nudity, containing or representing the activity sexual, promote intolerance, discrimination or violence, or be inappropriate as determined by VISUALFY in its sole discretion;      

● Contains computer viruses or other computer codes, designed or intended to interrupt, damage, disable, limit or interfere with the proper functioning of any telecommunications software, hardware or equipment, or damage or obtain unauthorized access to any system, data, password or other information from VISUALFY or a third party;      

● Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations, publicly display, sell, market or exploit in any way the service or content of the web, except with the express authorization of VISUALFY;      

● Reflect that someone impersonates another person or entity, including employees or representatives of VISUALFY;      

● Include identity documents or confidential financial information of any person or violate the Privacy Policy, as well as any other policy or rule included in these terms of use.      

Guarantees and Disclaimer

VISUALFY reserves the right to interrupt access to services at any time and without prior notice, whether for technical, safety, control, maintenance, power supply failures or any other justified cause.

Consequently, VISUALFY does not guarantee the reliability, availability or continuity of the Website or the Services, so the use of the same by users is carried out at their own risk, without, in At no time, VISUALFY may be held liable in this regard.

In addition VISUALFY does not assume any derivative responsibility, by way of example but not limitation:

● The use that users make of the materials provided on the website and in the application, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the contents of the website itself or of the portals of third parties .      

● Of the possible damages and losses to the users caused by a normal or abnormal operation of the search tools, of the organization or the location of the contents and / or access to the services and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that form the service.      

● Of the contents of those pages that users can access from links included in the web. Specifically, VISUALFY is not responsible for the veracity and accuracy of the commercial offers made by the Collaborators to the rest of the users. On the other hand, VISUALFY will try as much as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of veracity.      

● Of the acts or omissions of third parties, regardless of whether these third parties could be linked to VISUALFY by contractual means.      

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

● Errors or delays in access to services by the user when entering their data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet, causes of fortuitous event or force majeure and any other unforeseeable contingency outside the good faith of VISUALFY.      

● Faults or incidents that may occur in communications, deletion or incomplete transmissions, so that the website services are not guaranteed to be constantly operational.      

● Of errors or damages caused to the website by an inefficient use of the service and in bad faith by the user.      

● Non-operability or problems in the email address provided by the user for sending the requested information.      

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

Intellectual and Industrial Property of the Website

All services and products offered by VISUALFY, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and / or graphics are property of FUSIO D’ARTS TECHNOLOGY, SL or, where appropriate, 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 marketing, in any case requires prior written authorization by VISUALFY. Any use not previously authorized by VISUALFY will be considered a serious breach of the intellectual or industrial property rights of the author. The designs, logos, text and / or graphics outside 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 legitimation for its use. To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do so through our email address dpd@visualfy.com. For the purposes of these conditions of use, VISUALFY grants each user of the service a license, not exclusive, nor sublicenseable and non-transferable to use, modify and reproduce the Content, only for personal and non-commercial use.

The use, reproduction, modification, distribution or storage of Content for a non-personal and non-commercial use is expressly prohibited without the prior written permission of VISUALFY, or the copyright holder identified in the copyright notice of said Content, as appropriate. The user may not sell, license, rent, use or exploit the Content for commercial purposes or in any way that violates the rights of third parties. The purpose of the commercial use of the services only and exclusively is enabled for the 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” and / or “contact” section, is the sole responsibility of the person originating said content. Therefore, at the time of publishing, the user agrees to present only material of which he has intellectual or industrial property rights, and must avoid sending content that is protected by commercial or other secrecy, including privacy and advertising rights. , except in the case that you are the owner of these rights or have the permission of the owner to publish the material and grant the Website all the license rights granted in this document.

From VISUALFY we can use the publications and the content generated by the user (after verifying the legality of the same) for its publication, including, without restriction, showing them publicly, incorporating them in marketing and promotion material, making improvements in the mobile application, etc. . By submitting the content (including photographic material) the user grants FUSIO D’ARTS TECHNOLOGY, SL, a worldwide right to use, copy, edit, modify, reproduce, distribute, prepare derivative works, display, execute and exploit the content provided by the user in relation to VISUALFY services. The user will have the corresponding legal conditions and information before sending any type of information or content .

Rules and Code of Conduct

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

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

Specifically, the rules of conduct are as follows:

● The User undertakes to comply with the terms and conditions of these Terms of Service, commonly accepted social norms, and all local, national and international laws.      

● The User agrees not to impersonate another person or organization, otherwise he may incur a fault or offense according to the Criminal Code and the Spanish Civil Code.      

● The User undertakes not to use disrespectful and offensive language. Messages with threats, serious insults or any other type of comment that could hurt the sensitivity of other users will not be admitted. In this case, VISUALFY reserves the right to denounce and withdraw (in case it is a comment that has been published on the web, for example) any content that contravenes the present condition.      

● The User undertakes not to interfere with the functions related to the security of the service that prevent or limit the use or copying of any content. In addition, the use of this website as a means to organize attacks or spam on any other type of services is totally prohibited. Such content will be deleted along with the accounts that carried out such action.      

● Service administrators have the right to delete or edit any content and / or user account that violates 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 the privacy of people, and will eliminate and denounce before the competent authorities any user who publishes or distributes child pornography or when they are harmful to the intimacy and the honor of people.

Publication date 07/26/2019

Version 3