LEGAL NOTICE AND GENERAL CONDITIONS OF USE
1 - LEGAL NOTICE
The present general conditions of use and legal information (hereinafter, General Conditions) regulate the use and access to the website www.badfriends.store and the corresponding mobile application, owned by JORDI NOGUÉS, S.L. (Hereinafter referred to as BADFRIENDS) through which the BADFRIENDS web site (hereinafter referred to either as the “Website” the “Webpage” or the “Platform” interchangeably) is made available to users (hereinafter “User” or “Users”), which allows Users to acquire the company’s own products, the company’s branded products, as well as third party
In compliance with the provisions of article 10 of Spanish Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following identifying details of the owner of this website are displayed:
* Corporate name: JORDI NOGUÉS, S.L.
* Registered office: C/Bruc 114, 08009 Barcelona, Spain
* Registration data in the Mercantile Register: Barcelona
* Volume: 28147; Page: 180; Sheet: 131860
* Date of Registration: 19/05/1995
* Tax Identification Number (NIF): B60844206 * Email: firstname.lastname@example.org
2- GENERAL CONDITIONS OF USE
PLEASE READ THIS NOTICE CAREFULLY. IF YOU ACCESS AND, IN ANY WAY, USE THE PLATFORM, OR PROVIDE TO JORDI NOGUÉS, S.L. YOUR PERSONAL DATA, UD, YOU WILL BE GIVING YOUR UNCONDITIONAL, FULL AND EXPRESS ACCEPTANCE TO THE ENTIRE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THEM, DISCONTINUE USING THE PLATFORM.
3 - Access and Registration
- The User guarantees that all the data provided to BADFRIENDS is truthful, accurate and complete, and bears the responsibility of updating the information supplied, in such a way that reflects the User’s real situation.
- The User will be responsible for the inaccuracy or lack of veracity of the information provided. In the event that the User provides any false, inaccurate or incomplete information or if BADFRIENDS considers that there are reasonable grounds for doubting the veracity, correctness and completeness thereof, BADFRIENDS may deny you the present and future access and use of the Platform or any of its contents and/or services.
- The User agrees not to disclose the data relating to his account or make it accessible to third parties. The User shall be solely responsible in the event of use of such data by third parties, including any opinions or demonstrations made by the user on the platform.
- BADFRIENDS cannot guarantee the identity of registered users, therefore it will not be responsible for the use of the identity of a User registered by non-registered third parties.
- The Users are obliged to immediately inform BADFRIENDS regarding the theft, disclosure or loss of their username or password, communicating it to email@example.com.
4 - Profile
In order to complete the registration in the Platform, the User must provide some information such as name, surname, email address, telephone, etc. Once the registration has been completed, each User will be able to access his/her profile and complete it and/or edit it as he deems convenient.
5 – Geolocation
BADFRIENDS may collect, use and share accurate location data, including the real-time geographical location of the User’s computer or mobile device.
6 – User Obligations
Users are fully responsible for the access and correct use of their profile and other contents of the Platform subject to current local, regional, state or national legality, as well as principles of good faith, morality, good manners and public order. And specifically, they acquire the commitment to diligently observe the present General Conditions of Use.
Users shall refrain from using their profile and the rest of the contents of the Platform for illicit purposes or effects that are detrimental to the rights and interests of third parties, or that in any way can damage, disable, affect or impair the Platform, its Content and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform to other Users.
BADFRIENDS will not be held responsible for publishing, and expressly declares that it does not identify with any of the opinions that may be issued by the Users of the Platform, who assume all the consequences for any comments they may issue.
Those who fail to comply with such obligations will be liable for any damages or harms they may cause. BADFRIENDS shall not be held liable for any consequences, damages or losses that may arise from such access or use by third parties.
In general, the Users agree to the following, including but not limited to:
* Not to use the Platform for illegal or unauthorized purposes;
* Not to host, store, divulge, publish, distribute or share any content that may imply an illegitimate interference or infringement in any form of the rights based on the honor, image and personal and family privacy of third parties and, especially, of minors;
* Not to post on the Platform or their profile or that of another User any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or otherwise contrary to public morality or order;
* Not to alter or modify, totally or partially, the Platform, bypassing, deactivating or manipulating any other functions or services thereof;
* Not to infringe on industrial and intellectual property rights or the norms regulating the protection of personal data;
* Not to use the Platform to insult, defame, intimidate, violate the image itself or harass other Users;
* Not to access the accounts of other Users;
* Not to introduce computer viruses, defective files, or any other software that may cause damage or alterations in the contents or systems of BADFRIENDS or third parties;
* Not to send emails with a massive and/or repetitive nature to a plurality of people, nor send email addresses of third parties without their consent;
* Not to carry out publicity actions of goods or services without the previous consent of BADFRIENDS;
* Not to impair or damage the reputation of BADFRIENDS;
* Not to distribute, make available or otherwise communicate publicly, transform or modify any protected content or benefit without the prior authorization of the legitimate right holders
Any User may report another User when he believes that he is in breach of these General Conditions of Use, and all Users may inform BADFRIENDS of any abuse or violation of these conditions, through the email firstname.lastname@example.org. BADFRIENDS shall verify this report as soon as possible and shall take such action as it deems appropriate, reserving the right to withdraw and/or suspend any User of the Platform for breach of these General Conditions of Use. BADFRIENDS also reserves the right to withdraw and/or suspend any message with illegal or or offensive content, without the need for prior notice or subsequent notification. In your case, BADFRIENDS will provide the security forces and bodies and/or other competent authorities with the pertinent information to understand that the user’s activity may constitute a crime or infringement.
To the appropriate explanatory effects, the User is informed that it is strictly forbidden for the User to use the Platform by posing as another person or pretending that they have the authority to represent third parties or entities.
7- BADFRIENDS’s responsibility
The User is responsible for having the necessary services and equipment for browsing the internet and for accessing the Platform. In case of any incident or difficulties to access the Platform, the User can inform BADFRIENDS to the email email@example.com, who will proceed to analyze the incident and give the User instructions on how to resolve it in the shortest possible time.
BADFRIENDS does not control and is not responsible for the content discharged by Users through the Platform, who are solely responsible for the legal adequacy of said contents. In particular, BADFRIENDS excludes any liability for damages of any nature whatsoever derived, some examples of this include:
- The interruption of the operation of the lack of availability of access to the Platform, deficiencies in the Internet access service, or interruptions of the Internet network;
- The violation of the User’s privacy and/or the impersonation of their identity by third parties;
- The possible transmission of elements that adversely affect the computer systems of the User;
- The accuracy, completeness and timely updating of the content hosted on the Platform;
- The accuracy, integrity or quality of the material generate and/or transmitted by, or for, the User; and
- El Usuario es el único responsable de las infracciones en las que pueda incurrir o de los perjuicios que pueda causar por la utilización de la Plataforma, quedando BADFRIENDS, sus socios, colaboradores, empleados y representantes exonerados de cualquier clase de responsabilidad que se pudiera derivar por las acciones del Usuario.
The User is solely responsible for the infractions that may be incurred or any damages that may be caused by the use of the Platform, leaving BADFRIENDS, its partners, collaborators, employees and representatives exonerated of any kind of responsibility that could be derived by the actions of the User.
The User is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against BADFRIENDS based on the use by the User of the Platform. In this case, the User will assume all expenses, costs and indemnities to be transferred to BADFRIENDS due to such claims or legal actions.
The User declares to know and accept that when making comments in spaces such as blogs, forums, walls, etc., the personal data and information that entered in them can be viewed by other users, and the User shall bear all responsibility for any such comments.
8 – Responsibility for Content
BADFRIENDS has no obligation to verify and does not verify the Users’ identity, nor does it check the validity, veracity completeness or actuality of any data provided by the Users.
BADFRIENDS excludes any liability for damages of any nature that may be due to the illicit use of the Platform by Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any nature that may be due to the impersonation of the personality of a third party’s personality by a User in any kind of communication performed through the Platform.
Notwithstanding the previous statement, BADFRIENDS reserves the right to limit, in whole or in part, access to the Platform for certain users, as well as to cancel, suspend, block or eliminate certain type of contents, by means of the use of technological instruments suitable for the effect, if they had knowledge that the activity information stored is illegal or that it damages property or rights of a third party. In this sense, BADFRIENDS will be able to establish the necessary filters in order to avoid illicit or harmful contents pouring into the network. The provision by the Users of content through the Platform will entail the assignment in favor of BADFRIENDS of all exploitation rights derived from the content provided in the Platform.
9 - Update and Modification of the Platform
In addition, BADFRIENDS reserves the right to make, at any time and without prior notice, updates, modifications or deletions of information contained in its platform in the configuration and presentation of this and the conditions of access, without assuming any responsibility for it. BADFRIENDS does not guarantee the absence of interruptions or errors in the access of the Platform or its contents, nor that this one is always up-to-date, however, BADFRIENDS will carry out, as long as there are no causes that make it impossible or difficult to execute, and as soon as it notices the errors, disconnections or lack of content updates, all those tasks aimed at rectifying errors, restoring communication and updating the contents.
10 - Advertising
BADFRIENDS reserves the right to assign spaces, sections or pages of the Platform, even interspersed with the contents of the User, for the inclusion of contents for advertising or promotional purposes or that are subject to sponsorship.
11 - Intellectual Property
BADFRIENDS is the owner or licensee of all the intellectual and industrial property rights included in the Platform as well as the contents accessible through it. The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, information and contents that are collected in it are the property of BADFRIENDS, to whom is the exclusive exercise of the rights of exploitation of the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish and International legislation on intellectual and industrial property rights.
The User’s authorization for access to the Platform does not imply a waiver, transmission, license or total or partial transfer of intellectual or industrial property rights by BADFRIENDS. It is not permissible to delete, circumvent or manipulate in any way the contents of the BADFRIENDS Platform. It is also forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or later publications, upload files, mail, transmit, use, treat or distribute in any way all or part of the contents included in the BADFRIENDS Platform for public or commercial purposes, if you do not have the express written permission of BADFRIENDS or, where appropriate, the holder of the rights to which it pertains.
The software licensed and/or developed by and for BADFRIENDS is protected by the national and international regulations in force in the field of intellectual and industrial property rights.
The User who proceeds to share any type of content through the Platform, ensures that it holds the rights necessary to do so, exempting BADFRIENDS of any responsibility on the content and legality of the information offered. The facilitation of contents by the Users through the Platform will be the non-exclusive assignment to BADFRIENDS, free of charge, and with the maximum amplitude permitted by the current legislation, of the rights of exploitation of intellectual or industrial property derived from such contents.
12 - Framing
BADFRIENDS expressly prohibits the realization of “framing” or the use by third parties of any other mechanisms that alter the design, original configuration or contents of the Platform.
13 - External links (links).
Users and, in general, those persons who propose to establish a link or hyperlink (hereinafter, the “link”) between their web site and the platform must fulfill the following conditions:
- The link will only allow access to the platform link that BADFRIENDS allows through the API that, if so, BADFRIENDS puts in place.
- The link will not be able to reproduce the appearance or contents of the Platform
- No false, inaccurate or incorrect statements or indications will be made about BADFRIENDS, its directors, its employees, or its collaborators;
- It will not be declared or implied that BADFRIENDS has authorized the link or has supervised or assumed in any way the services offered by the third operator who establishes the link on its website, platform or system;
- Except for those signs that are part of the same link, the website, Platform or system in which it is established it will not contain any brand, trade name, denomination, logo, slogan or other distinctive signs pertaining to BADFRIENDS;
- It shall not contain any content contrary or invidious to the rights of privacy or publicity or of any other rights of third parties;
- It shall contain no illicit, obscene, pornographic, indecent information or content, which is in any way subject to public safety or generally accepted good manners;
- It shall not will, incite or promote criminal, slanderous, defamatory, infamous, abusive, threatening, violent or, in general, contrary to law and public order or will, incite or promote actions, attitudes or discriminatory thoughts on the basis of race, gender, sexual identity, age, religion, belief, opinion, nationality, disability, or any other personal or social circumstance or condition.
The establishment of the link does not imply in any case the existence of relations between BADFRIENDS and the owner of the website, Platform or system in which it is established, neither the acceptance and approval by BADFRIENDS of its contents implies any acceptance of responsibility for the quality, legality, reliability and/or usefulness of those other websites to which it is possible to accede through hyperlinks.
BADFRIENDS is exonerated of all responsibility for the correct functioning of such links, the results obtained through them, the veracity and lawfulness of the content or information that can be accessed, as well as the damages that the user may suffer by virtue of the information found in the websites so linked.
14 - BADFRIENS’ Platform is provided AS IS
The services available through BADFRIENDS are PROVIDED "AS IS" AND "AS AVAILABLE", AT YOUR OWN RISK, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon.
BADFRIENDS will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform.
You also agree that BADFRIENDS has no responsibility or liability for the deletion of, or the failure to store or to transmit, any data. We make no warranty that the services we provide will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from BADFRIENDS will create any warranty not expressly made herein.
15 - Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BADFRIENDS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BADFRIENDS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO BADFRIENDS FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
16 - Independent Clauses
If any of the terms of these General Conditions are deemed null and void, it shall be unenforceable. Such declaration of invalidity shall not invalidate the remainder of the contract, which will maintain its validity and effectiveness between the parties.
17 - Applicable Legislation
The law applicable in the event of dispute or conflict of interpretation of the terms that make up these conditions of the Spanish law shall be, unless the rules of protection of consumers and users establish the applicability of a different legislation.
For the resolution of any conflict that may arise, BADFRIENDS and the User agree to submit to the judges and home courts of BADFRIENDS or the User, at the User’s choice, provided that it is located in Spanish territory, or any other jurisdiction whose applicability is imposed by the rules of protection of consumers and users.