Legal terms

The object of this document is to establish the General Conditions of Use, for the access to the web sites, services and applications of Findalia.com and Findalia.es

Findalia is a platform that allows users to log its personal items, to communicate with other users, and to know its location.

The access and/or use of the same, attributed to who performs the condition of User, and implies the full acceptance of these Terms of Use. If you do not agree with these Legal Terms and Conditions, you, the User, must immediately leave the website without using it.

By accepting these Legal Terms and Conditions, the User represents that:

• He/she has read, understands and comprehends that set forth herein.
• He/she undertakes all of the obligations set forth herein.
• That He is of legal age and has enough legal capacity to use the Service.

These Terms of Use shall apply to users from 1st November 2017.Their acceptance will be a prior and essential step and to use the Service.

The holder of Findalia has the right to make at any time any changes or updates of The Terms of Use which, once entered into force, must be accepted by the user to continue with the use of the Service.

Holder of the Service

Pursuant to that set forth in article 10 of the Information Society Services and E-commerce Act 34/2002 of 11 July, general information about the Website is provided below:

www.findalia.com is owned by International Poligabi S.L., with registered office in Valladolid, Contact phone: 34980074027 and CIF: B-47360862 Inscribed in the Mercantile Registry of Valladolid book 595 page 131, Section 8, Sheet nº VA/6473, 1st Registration

User’s register

The User will have to complete a pre-registration, in order to use the services offered by Findalia. The register will be effective following the acceptance of these Terms of Use, privacy policy and cookies.

Any data provided by the User must be current, lawful, and truthful. A password shall be provided to the User, who becomes responsible of its use at any times. The User shall bear the damages that may arise from misuse, transfer, revelation or loss of the password.

Following the acceptance of the Terms of Use, the User data will become party to the Findalia’s file and its treatment will be in accordance with the Privacy Policy.

Rules for use of the Website

The User undertakes to use the Website and its entire content and services in accordance with that set forth in the law, morality, public policy and these Legal Terms and Conditions. He/she also undertakes to make appropriate use of the services and/or content on the website and not to use it to perform activities that are unlawful or illegal, which infringe the rights of third parties or that infringe any applicable legal rules.

The User undertakes not to transfer, introduce, spread or make available to third parties any kind of material and information (data, contents, messages, drawings, sound and image files, photographs, software, etc.) that are against the law, morality, public policy and these Legal Terms and Conditions. The User thus makes undertakings such as but not limited to:

1. Not adding or spreading content that is racist, xenophobic, pornographic, and supportive of terrorism or that infringes human rights.
2. Not spreading, communicating or making available to third parties any kind of information, element or content that:
   1. Infringes fundamental rights and public freedoms recognised in the constitution and in international treaties.
   2. Constitutes unlawful or unfair advertising.
   3. Infringes the secrecy of communications and personal data protection legislation.
   4. Infringes intellectual and industrial property rights, patents, trademarks or copyright held by the owners of the Website or third parties.
   5. Photographs or any representation or image of people under the age of 18
4. Disseminate any information whose content is false, misleading, inaccurate or ambiguous in a way that misleads the receivers of the information
5. Not impersonating other Users by using usernames and passwords they have used to register for the various services and/or contents on the Website.

The User undertakes to hold Findalia harmless in relation to any claim, fine, punishment or penalty that it may have to bear as a consequence of the User breaching any of the aforementioned usage rules. FIndalia also reserves the right to claim damages.

Findalia reserves the right to prevent the use or to delete content, either temporarily or permanently, to any user who violates any of the rules set out in these Terms of Use, the law or in the morality.

Exclusion of warranties and liability

Findalia is not responsible, either directly or indirectly, for any of the products or articles published by users in the Web or App. Nor is responsible for any damage or loss resulted from the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the publications of these users.

Such as but not limited to it, the entity will not be responsible for damages of any kind arising from:

1. The loss of data of the users for reasons not attributable to Findalia
2. The access of minors to the content included in Findalia.
3. The unavailability, failure to access errors, and lack of continuity of service.
4. Faults or incidents that may occur in communications, defaced or incomplete transmissions.
5. The non-operation or problems in the email address provided by the User.
6. The breach of the law, the good faith, public order, traffic and use of this legal notice as consequence of the incorrect use of the web site. In particular, and not exhaustive, Findalia is not responsible for the actions of third parties that infringe rights of intellectual and industrial property rights, business secrets, rights to honor, to personal and family privacy and to the own image, as well as the rules on unfair competition and illicit publicity.

Findalia will provide a support to the User, to enable the resolution of any incident that may arise.

Links to Third Party

Findalia also declines any responsibility regarding the information that is outside this Web and is not managed directly by our webmaster. The function of the links appearing on this website is exclusively to inform users about the existence of other sources likely to expand the contents of this web site. Findalia does not guarantee and is not liable for the operation or accessibility of the linked sites; or suggest, invite or recommend a visit to the same and therefore should not be held responsible for the results obtained. Findalia is not responsible for the establishment of hyperlinks by third parties.

Data protection

Findalia complies with the Law 15/1999 of 13/12 guidelines, on the Protection of Personal Data, Royal Decree 1720/2007 of 21/12 which approves the Development Regulation of the Organic Law and other regulations in force in each moment, and ensure the correct use and treatment of the user’s personal data.

The user is informed of the existence and acceptance of the treatment’s terms of his data, together with the form that has to fill out. Also, the user will be informed about the responsibility of the created file, the address of the person responsible, the possibility of exercising their rights of access, rectification, cancellation or opposition, the purpose of the treatment and the data communications to third parties in its case.

Intellectual and industrial property

Accorded to the articles 8 and 32.1, second paragraph, of the Copyright Act, are expressly prohibited the reproduction, distribution and the public communication, including its way of provision, of all or part of the contents of this app or web page.

The texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source code are the intellectual property of Findalia or third parties. None of the exploitation rights recognised by the regulations in force concerning the intellectual property over them may be considered assigned to the User.

The User represents that he/she is the sole author of all of the photographs, pictures and text and/or comments that are published on the Website, and warrants that the use of them on the Website does not infringe the rights of any third party. The User assigns Findalia, free of charge, the rights of public communication, reproduction, distribution and processing over said Content, in all forms of exploitation existing as of the date of acceptance of these Legal Terms and Conditions.

The user can visualize items of the portal and even print them, copy them and store them in any hardware provided only for personal and private use. The user must refrain from deleting, altering, avoiding or manipulating any protection device or security system that was installed on the platform of Findalia.

Findalia does not represent or have any business relationship with the brands or products that users included in the Platform.

Amendments

Findalia reserves the right to make unannounced changes it deems appropriate, on his page and app. It shall amend, delete or add any content or services as well as its appearance

Findalia may change at any time the terms here specified, properly being published in accordance with the legality and validity.

Applicable law and jurisdiction

The relationship between Findalia and the User will be governed by Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of Valladolid, Spain.