The terms and conditions set forth here in below regulate the access and use of both the "FREEDOM" application (the "Application") and the Web Platform www. freedom.technology FREEDOM Social Technology Worldwide, LLC. (hereinafter, all referred to as the "Platform"), through which Users are granted access to a technology that allows them to receive news of the political Party User of the application they are affiliated with (provided that said Party is enabled as a "Participating Party"), communicate with its leaders, participate in debates, initiatives, and Party polls, share opinions on the Platform or through other social networks inasmuch as these options are available (YouTube, WhatsApp, Facebook, etc.), and in general, allow an online relationship between the Participating Party and the Users affiliated thereto (hereinafter all of them referred to as the "Services" or individually the "Service").
The purpose of FREEDOM is none other than to improve the way in which political parties interact with their members, as well as to improve direct interaction between members of the same Party.
To this end, this platform develops a number of functions such as chat amongst members, a wall for the exchange of ideas, the possibility of creating a User profile to allow a better understanding between each member, amongst many other functions.
This Platform may be understood with respect to the members as a Private Social Network of the Party, as well as with respect to the Party as a database system of its members.
The nature of this Platform is the constant improvement or change of various features based on the use that FREEDOM directors may deem appropriate. The Users of this platform admit to understand and consent to any change in the function thereof without any claims against the company FREEDOM Social Technology, LLC. or against its partners or directors.
Seeking at all times to preserve the healthy and productive nature of this Platform, FREEDOM allows each User to label any publication as "offensive", thereby starting up a security protocol that goes from a notice to the Party leaders (direct administrators of the Platform) to the possible elimination of the publication.
FREEDOM reserves the right to remove any content that it deems offensive from the Platform, as well as to completely eliminate a Party where it were making inappropriate use of it, and neither the User nor the Party having anything to claim FREEDOM or its directors or shareholders.
FREEDOM's mission is to provide an efficient, fair, and equal service and, accordingly, it will seek the mode to operate on all mobile handsets available in the market, but in no case will it be obliged to work on all computers.
The Platforms through which the Services are provided are compatible with the main operating systems of the market and are owned by FREEDOM Social Technology Worldwide, LLC. (hereinafter, "FREEDOM"), a company registered with the Corporations Division, Secretary of State, of the State of Delaware, at the office located in 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, of 5 December 2017, under File Number 6647340, as evidenced by Certificate of Incorporation, and with United States tax identification number (US federal tax identification number) 82-3631710. To contact FREEDOM, the following communication channels are made available to the User:
- Contact postal address: Offices in the city of Miami, 2665 South Bay Shore Dr., Suite 810, ZIP Code 3313 3
The application download and/or the use of the Platform give the condition of User thereof (hereinafter, the "User") and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice in the version published by FREEDOM at the same time as the User accesses any of the platforms.
Unless FREEDOM establishes otherwise in writing, the contract between the User and FREEDOM shall at all times include, at least, the terms and conditions stipulated herein, which will hereinafter be referred to as the "General Conditions".
Also, the contract with FREEDOM will comprise those Particular Conditions that apply to the Service that you wish to contract, which will depend on the specific Platform of the Participating Party from which you access and will in any case be available to the relevant Users. Should there be any contradiction between the provisions of the Particular Conditions and those of the General Conditions, what is stipulated in the Particular Conditions in connexion with that Service will prevail.
The General Conditions, jointly with the corresponding Particular Conditions, form a single legally binding contract between the User and FREEDOM (hereinafter, the "Conditions") in relation to their use of the Platforms and the Services provided through them, for which it is important that you take the necessary time to read them carefully.
FREEDOM hereby reserves the right to modify the Conditions at any time, the updated version of which (hereinafter, the "New Conditions") will apply to the five (5) days from the moment in which they were brought to the knowledge of the Users.
Notwithstanding the foregoing and inasmuch as FREEDOM constantly innovates in order to offer the best possible experience to its Users, the form and/or the nature of the services provided may change occasionally without notice. Similarly, FREEDOM, without prejudice to the diligence measures adopted (permanently or temporarily), the provision of the Services or any of its features may be interrupted without prior notice
Also, the User hereby acknowledges and accepts as third beneficiary of the Conditions each company of the group of which the FREEDOM is the parent company, and said companies will be entitled to enforce any provision of the Conditions that confers it a benefit or right on its behalf. Aside from these companies, no other person or company will be deemed to be a third beneficiary of these Conditions.
2.1 PROCUREMENT PROCESS: DOWNLOAD AND REGISTRATION
Users may download the Application through the following platforms managed by third parties (Download Platforms):
- App Store (iTunes)
- Google Play
All the information provided by the User through the forms enabled in the Platforms must be truthful. For this purpose, the User hereby guarantees the authenticity of all the data submitted as a result of the completion of the necessary forms for registration in each of the Platforms. Also, it will be the User's responsibility to keep all information provided to FREEDOM permanently updated so that it responds, at all times, to the real situation of the User. In any event, the User will be solely responsible for any false or inaccurate statements made and the damages caused to FREEDOM or to third parties from the information provided.
It is a prerequisite in order to be able to access the Services and acquire the status of User to be over fourteen (14) years of age or to have the necessary legal capacity to enter into a binding contract with FREEDOM in accordance with the applicable legislation, as well as being a member of the Participating Party for which he/she registers.
Once the registration has been confirmed, the User will automatically receive an e-mail confirming that the subscription has been successfully completed. In said mail it will be shown the Party to which he/she has subscribed and the Services included therein, as well as a copy of these Terms. This document will serve as accreditation for any type of claim.
FREEDOM, as a provider of a service from the Information Society, will file the electronic document in which the corresponding contract has been formalized. The said electronic document will be accessible to the User by means of the link that will be provided to him/her, from where he/she will be able to download it and print it and in which the present Contract Conditions will be included.
Additionally, FREEDOM will introduce adequate and sufficient technical means to identify and correct technical errors in the management of the information inasmuch as it results from its responsibility.
2.2 APPLICATION DOWNLOAD PRICE
The application download will be subject to the prior payment of the price specified at each moment in the corresponding Download Platform. Through its own payment gateway, it grants Users a limited licence to use the software as provided in clause 3.4 below. However, the right to use it to access the Platform will be conditional upon compliance with the requirements established in the previous clause 2.1, without the barring the access to the Platform due to non-compliance with said requirements giving the right to reimbursement of the price established for the download of the Application.
FREEDOM reserves the right to suspend the use of the App to any User (notwithstanding the fact that the User has paid for it) if FREEDOM reasonably deems that the Member has made an abusive or negligent use thereof. The Party administrator will also have the right to suspend members. Both parties, FREEDOM or the Party, may eliminate any User from the platform, either from the basic service or from the premium service, without the User having the right to claims of any kind.
2.3 GRATUITY OF THE REST OF THE SERVICE
Unless otherwise expressly stated, the access to and use of the Platforms and basic Services provided through them will be free for Users beyond the cost associated with the Internet connexion.
In any case, FREEDOM, in its sole discretion, may stop providing services for free, requiring the payment of a price for them. To this end, the previous communication to the User of the New Conditions will suffice, and the User may desist from those Services involving the payment of any amount.
The price set for the provision of services will only be applicable as of the date of entry into effect of the New Conditions. Once the New Conditions have entered into effect, the access and use of said Services by the User will imply full adherence to the New Conditions, including, of course, the payment of the consideration in the form and manner stipulated in the New Conditions.
2.4 DURATION AND DERESTRATION
The right of withdrawal provided for in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users will not be applicable, with the exception set forth in Article 103, subparagraph m), as the services contracted have the nature of digital contents and their execution begins to be carried out simultaneously with the contracting with the prior consent of the User. In the case of periodic subscriptions, the provisions of the above mentioned law shall be met, with the right of withdrawal being in accordance with the law proceed, upon discount of the period enjoyed.
The provision of the Services through the Platforms has in principle an indefinite duration, for which reason both the present General Conditions and the Particular Conditions, insofar as they are applicable, will remain in force until the User or FREEDOM terminate the contractual relationship in accordance with the provisions set forth below.
(a) Should the User wish to unsubscribe from the Platform owned by FREEDOM, he/she may do so either by notifying FREEDOM at any time or by using the channels established in his/her User account control panel by entering the settings section> delete my account. In case of choosing a notification, the User must send it in writing to the address of FREEDOM indicated in the heading.
In any event, once the cancellation has been completed, the User may request a new registration, with FREEDOM's option not to admit such registration being safe in case of any conflict or controversy arisen between the parties that may be pending to be resolved or that has finished with acknowledgment of fault or negligence of the User and/or damage to FREEDOM, its collaborators and associates or the rest of its Users.
(b) Likewise, FREEDOM may withdraw or suspend, at any time and without prior notice, the provision of the Service through the Platforms in the event of breach by the User of the provisions of these General Conditions, as well as the Particular Conditions, upon judicial or similar order, or for commercial reasons.
It is hereby expressly established that FREEDOM may:
1) Remove a member or a whole Party from the Application if, on the reasonable criterion of FREEDOM, it is deemed that the App is being used for discriminating, offending, or harassing third parties, amongst others, issues of race, religious beliefs or any others deemed by FREEDOM to be unsuitable for the purpose of this channel.
2) Along this same line, FREEDOM may eliminate, at its reasonable discretion or at the request of the Political Party (which will sometimes have the power to do so by its own means as provided herein-below), any post or publication that the User may have made that is deemed to be inappropriate, which the User expressly accepts and agrees to do so. This will be followed by a procedure whereby where an offensive and/or inappropriate post is published, the Party will receive a special notification instantly and the Party will have 24 hours to confirm that they want to keep the publication or click on it and delete it, all through a feature made available to it. If the Party does not execute any of the options within the said period of 24 hours, the system will automatically delete the post deemed inappropriate.
3) Completely block the App of a Party if it uses it for anti-democratic purposes, for the conditions or circumstances of the country of origin of the Party or the Party itself having changed or if the use that the said Party makes of the App is deemed inappropriate by FREEDOM. In this case, FREEDOM will not have to justify its decision and the Party expressly accepts and agrees to it.
Upon the termination of these General Conditions, all legal rights, obligations and responsibilities of which the User and FREEDOM have benefited from, to which they have been subject (or that have accrued over time during the term of the Conditions) or that have been expressly formulated to subsist indefinitely, will remain unaltered by said termination.
3.1 POLICY ON INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
With the sole exception of the contents of the User, FREEDOM is the owner or, where appropriate, has the corresponding licences for the exploitation rights of intellectual and industrial property of the Platform, as well as all the contents offered therein, including, without limitation, the Platform itself, all logos, trade marks, graphics, designs, interfaces, or other information or contents, and the Services available through them. Thus, it may not be understood that the use or access, navigation, and use any of the Platforms gives the User any rights over their contents and he/she should use them in accordance with the law, these General Conditions, and other legal notices, use regulations and instructions made known to him/her, as well as with the morality and generally accepted good customs and public order. The User will only have a right to use the content of the Platforms within a strictly domestic environment and solely for the purpose of enjoying the services provided in accordance with these Conditions.
References to trade marks or registered trade names, or other distinctive signs, whether owned by FREEDOM or by third parties, implicitly prohibit their use without the consent from FREEDOM or their legitimate owners. Unless expressly stated otherwise, at no time the access, navigation or use of the Platforms and/or their contents confer on the User any right over the distinctive signs contained therein.
All intellectual and industrial property rights regarding the contents and/or services of the Platform are reserved and, in particular, the User shall abstain from:
(a) reproducing, copying, distributing, making available or otherwise publicly communicating, transforming, or modifying the contents for public or commercial purposes, unless he/she has permission from the owner of the corresponding rights or it is legally allowed;
(b) deleting, manipulating or in any way altering the "copyright" and other identifying data of the holders of rights over the contents of the fingerprints platforms or any other technical means established for the recognition thereof.
3.2 OBLIGATIONS OF USE
The User is obliged to make a correct use of the Platforms and the Services, and for such purpose he/she hereby commits to make use thereof in accordance with the law, these Conditions and other notices, use regulations and instructions made available to his/her knowledge, as well as the morality and generally accepted good customs and public order.
For such purposes, the User shall abstain from using the Services for illicit purposes or effects damaging the rights and interests of third parties or that in any way may damage, disable, overburden, deteriorate, or prevent the normal use of the Services, the computer equipment or the documents, files and all kinds of contents stored on any computerized equipment (hacking) of FREEDOM, other Users or any Internet User (hardware and software). In the event that the User sends information of any kind to FREEDOM through any of the channels authorized for that purpose, the User hereby declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any right of intellectual property, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to others.
The User hereby accepts responsibility, holding FREEDOM harmless, for any communication personally provided or on his/her behalf, without such liability being restricted to the accuracy, legality, originality, and ownership thereof.
BEING A MEMBER OF THE COMMUNITY, AS WELL AS OF ANY SOCIAL NETWORK, NOT ONLY SUPPOSES ACCESS TO SOME SERVICES BUT ALSO THAT ITS USE IS IN ACCORDANCE WITH THE COURTESY AND ETIQUETTE STANDARDS THAT ONE WOULD APPLY IN ONE'S REAL LIFE. ONE MUST RESPECT OTHER USERS, THEIR RIGHTS AND THE COMMUNITY'S RULES OF USE.
The User is strictly forbidden to use the Contents of any of the services offered on the web or to enter information on the web to perform any activity that may be considered illegal, immoral or contrary to public order. These non-permitted activities include, but are not limited to, the sending of offensive, insulting or threatening communications, the unlawful access to third-Party computer systems (hacking), the dissemination of Trojans, computer viruses, or software designed to cause damage (cracking) or to obtain data from computer systems. In addition the User must assume the following obligations:
use the Platform diligently and correctly;
use the Platform for strictly personal, private and particular purposes. It is expressly forbidden for the User to authorize third parties to use the Platform, in whole or in part, or to introduce or incorporate the services and products of the Platform as his/her own business activity;
the use or application of any technical, logical or technological resources by virtue of which Users may benefit, directly or indirectly, with or without profit from the unauthorized exploitation of the contents and/or services of the Platform is expressly prohibited;
not to use the Platform: (a) to carry out activities that are contrary to the law, morality, accepted good practices or the established public order, and (b) for illicit, prohibited or harmful purposes or effects on the rights and interests of third parties, with FREEDOM declining any responsibility derived from of all the foregoing;
abstain from using the contents and services in any way that may damage, disable, overburden, or impair or prevent the normal use or enjoyment of the Platform and the Services by Users;
abstain from altering or manipulating the references to "copyright" and other identifying data of the rights of intellectual or industrial property of FREEDOM or of the holders of the contents included in the portal, as well as the technical protection devices, fingerprints or any other instruments intended for the protection of the contents;
do not falsify your identity by making yourself pass by any other person such as, for example, making yourself pass for a non-existent person, for a member of any entity, or for another person over fourteen years old;
not to transmit or disseminate contents that may harm, damage, or impair the physical or mental health of minors;
not offer, sell or commercialize in any way videos, photographs, video games or any other contents containing messages and/or scenes that are violent in nature, advocating any form of crime, or pornographic exhibition;
do not stalk, harass or otherwise annoy other members of the Community or any third parties;
not collect or store personal information about other Users of the portal without complying with the current legislation on data protection nor make available to third parties, for any purpose, data collected from distribution lists;
not make available to any third party or in any way transmit or disseminate contents that: (i) are illegal, harmful, annoying, threatening, abusive, defamatory, vulgar, obscene, invading, or harming to the privacy of third parties, that are xenophobic, racist or that, in some way, are contrary to morality, commonly accepted good manners, or to the established public order; (ii) are susceptible, in accordance with the applicable legal provisions, to infringe the rights of intellectual, industrial and other similar rights of third parties; (iii) you are not authorized or enabled to transmit or disseminate, such as privileged information and/or elements protected by industrial or intellectual property rights or information over which you have a duty of confidentiality;
not to make available to any third party or in any way transmit or disseminate any material that is a carrier of viruses or any other computer code, files or programmes designed to interrupt, destroy, or limit the operation of any software, hardware, or telecommunications equipment;
not to send advertising of any kind and communications with commercial or advertising purposes, or of any other kind, that are classified as "junk mail", "chain letters", "pyramidal structures", or any other form of unauthorized mass mailings, except in those areas that have been exclusively designed therefor;
not to send any unsolicited messages or previously consented to to a plurality of people;
not send chain letters of unsolicited or previously consented to electronic messages, or use distribution lists that may be accessed through the Platform or the Services for the realization of the activities indicated in the previous sections;
not use distribution lists that may be accessed through the Platform that have the purpose of any of the above mentioned behaviors;
collaborate with FREEDOM in the verification and clarification of any complaint about the breach of these conditions of use or about any conflict of Users.
3.3 CHANNEL OF COMPLAINTS
Where the User was aware of the existence of any contents that are illegal, unlawful, contrary to the laws or that might involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify FREEDOM through the e-mail address so that it can proceed to enforce the appropriate measures.
Similarly, in the event that any User or a third party deem that any of the contents of the Platform owned by FREEDOM violate their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to FREEDOM through the contact form made available to the Users on the Platforms, indicating the following information:
(i) identification data and means of contact of the claimant or his/her legal representative;
(ii) documentation proving their status as owners of the rights allegedly infringed;
(iii) a detailed account of the rights allegedly infringed by a User of FREEDOM, as well as its exact location within the corresponding Platform;
(iv) an express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed;
3.4 CONTENT INCORPORATED BY THE USER TO THE PLATFORMS
As part of the Service functionality, it is included the possibility that the User may incorporate to the Platforms contents generated by him/her consisting, without limitation, of texts, writings, audio and video recordings, images, photographs, as well as comments and suggestions (hereinafter, the "Contents"). By the incorporation of the Contents to the Platforms, the User assigns to FREEDOM an indefinite, revocable, worldwide, transferable, sub-licensable licence, exempt from royalties and not exclusive to use, copy, publicly reproduce, publicly display, reformat, translate, obtain extracts (either total or partial) and distribute the said Contents for any purpose, whether commercial, advertising or otherwise, in relation to the Platforms or the promotion thereof. Specifically, the User hereby grants FREEDOM permission to use the Contents including, without limitation, the rights to copy, distribute, transmit, display and publicly reproduce, duplicate, modify, translate and change their format, and to publish its name in connexion therewith. FREEDOM will not pay any compensation regarding the use, copying, distribution, transmission, display and public reproduction, duplication, modification, translation and reformatting of the Contents.
This licence includes the authority of FREEDOM to share said Contents with social networks, internal or external, as well as with other Companies, organizations or persons with which it may have commercial relations (such as, but not limited to, Twitter, Facebook or YouTube), at all times using the aforementioned Contents in connexion with the provision of the FREEDOM Services.
The User may withdraw his/her Contents from the Platforms at any time, thereby rendering the previous licence automatically void. However, the User hereby acknowledges that FREEDOM may keep archived copies of said Contents. FREEDOM does not claim any ownership right over the User's Contents, recognizing at all times the validity of the property rights that may correspond to the User, without prejudice to the provisions of these General Conditions.
Upon displaying, uploading, writing, publishing, sharing, providing, or sending the Contents, any images and/or data included in them, the User declares and guarantees that he/she owns the rights over them, or has prior authorization to disclose them, exonerating FREEDOM from responsibility for any claim that may arise in connexion therewith.
ACCORDINGLY, THE USER HEREBY ASSUMES THE OBLIGATION TO KEEP FREEDOM AND ITS REPRESENTATIVES AND/OR COLLABORATORS, HARMLESS AND FREE FROM ALL RESPONSIBILITY THAT MIGHT GENERATE FROM THE EXERCISE OF ACTIONS, WHETHER JUDICIAL OR OTHERWISE, THAT MAY DERIVE FROM THE INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES OR OF THE CURRENT LEGISLATION. FREEDOM will not, in any case, be responsible to any third party for the information included in the Platforms by the User. The User hereby declares and guarantees to be the owner of the entirety of the rights over the Contents that he/she might publish, likewise declaring and guaranteeing that on the date of submission of the said Contents: (i) the said Contents and material are accurate; and that (ii) the use of the said Contents or material will not imply any breach of the applicable policies or guidelines of FREEDOM, nor will it cause any harm to any person or entity (also guaranteeing that the Contents or material in question are not defamatory).
Where the User enters Contents to the Platforms, he/she may classify them where appropriate as a public or private. FREEDOM will clearly indicate the Contents inserted and marked as private. However, the User may share the Contents with any other Users or third parties outside the FREEDOM environment at his/her own choice and under his/her own responsibility, with FREEDOM being exonerated from any liability arising from the use made of the inserted Contents by these third Users.
Accordingly, the User will be entirely responsible for any photos, profiles, messages, notes, text, information, music, video, announcements, lists and other contents published on or through the Platforms, and may not publish, transmit or share any Contents that he/she has not created or that he/she is not authorized to publish.
This is because, as a Platform, FREEDOM uses artificial intelligence tools to improve the User experience and has the right to explore different ways to develop this experience, which ranges from new buttons or utilities up to alliances with non-profit organizations in favour of democracy in the world, as well as with for-profit organizations.
Any action or new possibility that is offered to the User will be FREEDOM's entire decision for implementing it without the Users or the Parties having any right to sue the company therefor.
This licence will also be extended to the Participating Party to which the User is affiliated, applying it on a mutatis mutandis basis in its favor as established in this Clause 3.
3.5 CONTENTS INCORPORATED BY THE USER TO THE PLATFORMS
The Contents, the Application and other software applications are made available through the Service through a use licence. Under no circumstances will the rights over them be understood to have been sold or assigned. The licence for each Application purchased by the User through the Service will be subject to his/her acceptance of the End User Licence Agreement of the Licensed Application, which is attached below. The User agrees that the terms of such agreement will apply to each Application for which he/she buys a licence through the Service. All rights that are not expressly granted are reserved.
The licence is only granted to Users that are end users and only for a non-commercial use. Licences are not transferable or sub-licensable.
None of the elements of the Application is subject to sale under this contract. The full ownership and all rights of licence, intellectual and industrial property and any other rights to the Application belong exclusively to Freedom Social Technology Worldwide, LLC., to its Subsidiaries and/or to the entities from which they have obtained the corresponding licence. The source code of the Application is a trade secret of Freedom Social Technology Worldwide, LLC., of its Subsidiaries and/or of the entities from which they have obtained the corresponding licence, and it is confidential.
FREEDOM hereby grants the User a non-transferable, non-exclusive licence valid throughout the world, for an indefinite period of time, for personal use to download, install and run the Application
The User may make as many copies of the Application as necessary to make personal use of it and as allowed by the system provided in the Download Platforms once the purchase has been verified. Each copy of the Application made by the User must contain the same legal notices of protection of copyright and private information that appear in the original version thereof. The User will not be able to copy the system reference scheme document of the Application.
The User may not, nor allow any other Party to: (a) assign, transfer, sublicense, display or publicly perform or redistribute the full Application, in whole or in part, to any third party; (b) lease or use the Application for the presentation of services to third parties or on a timeshare basis, or in any other manner that allows the exploitation of the Application by third parties; (c) receive consideration from any Party for the access or use of the Application, or (d) use the Application inconsistently with these Terms. The User may not disclose the results of any comparative study or other test executed on the Application. The User may not use the Application for (w) on-line control of aircraft, air traffic, air navigation or aircraft communications; (x) the design, construction, operation, or maintenance of a nuclear power plant; (y) medical or surgical applications; nor (z) for any other use a failure of which might create a situation of personal injury or death. Except as expressly permitted by the mandatory applicable rules, the User may not modify, adapt, translate, reverse engineer, decompile, disassemble or, in any other way, attempt to discover the source code of the Application or any other confidential information or trade secret.
The User is prohibited from altering, translating, adding, extending, changing the version, updating, improving, any new version or any derivative work on the Application (not even for the correction of errors).
The User shall not allow application products that have not been licensed by FREEDOM to share an interface with or interact with the Application without a FREEDOM licence, unless it is carried out through the use of interface application programmes provided by FREEDOM. In the event that the User wishes to make the Application interoperable with other computer programmes, applications and/or Application in general, he/she must request it from FREEDOM in writing, providing FREEDOM with a reasonable period to, at its discretion, either make or not available to the User the necessary information for such purposes.
4. LIABILITY EXCLUSION AND WARRANTIES
With respect to the Contents of the Platforms that have been generated by the Users, FREEDOM will not be responsible in any case for possible violations to the rights of third parties due to the Users. The data and images that the Users include in the Platforms will be their full responsibility, stating that they have the authorization of the third parties.
For these purposes, it is hereby declared that FREEDOM has no control over the Contents generated by the Users, the latter being solely responsible for complying with the law, as well as with the rules of the community of FREEDOM Users established in these Conditions.
Any User that has inserted illegal Contents will be liable for any damages that FREEDOM may suffer as a result of his/her actions.
Also, FREEDOM cannot guarantee the reliability, usefulness or accuracy of absolutely all the information and/or services of the Platforms, nor the usefulness or accuracy of the documentation made available through them.
Accordingly, FREEDOM neither guarantees nor is responsible for: (i) the continuity of Contents and/or the Services of the Platforms; (ii) the absence of errors in the said Contents; (iii) the absence of viruses and/or other harmful components in the Platforms or the server that supplies them (hardware or software); (iv) the invulnerability of the Platforms and/or impossibility of violating the security measures taken in them; (v) the lack of utility or performance of the Contents of the Platforms, and (vi) the damages caused to himself/herself or to a third party by anyone who breaches the Conditions, rules and instructions that REDAKAOKE sets on the Platforms or through the breach of the security systems thereof.
Notwithstanding, FREEDOM hereby declares that it has taken all necessary measures, within its capabilities and state of the art to ensure the functioning of the Platforms and to reduce to a minimum the system errors, both from a technical standpoint and of the published contents, as well as to avoid the existence and transmission of viruses and other harmful components to the computer systems of the Users. In any case, FREEDOM cannot guarantee that its platforms and applications, especially the mobile applications of its own are available for download at all times, as it depends on circumstances and third parties outside FREEDOM, including, without limitation, the availability of the platforms Google Play Store and App Store, as well as the availability of mobile application, which in any case will be subject to the approval and conformity of their respective owners.
FREEDOM will not be responsible for the accuracy, completeness or update of the information contained in the Platforms coming from outside sources, nor of those contained in other platforms to which you link from the Platforms. FREEDOM will not assume any responsibility for hypothetical damages that may arise from the use of the aforementioned information.
FREEDOM will not be responsible for the acts of its Users, inside or outside the environment of the Platforms, or for any acts that they might carry out, whether or not such acts are related to the information that said Users might receive from the Platforms where appropriate. FREEDOM advises, at all times, the responsible action of its Users, who must comply at all times with the current legislation. Where any Platform User should perform any action that might be deemed to be illicit, illegal, contrary to law or that might entail the infringement or violation of third party rights, he/she will do so at his/her own risk, holding FREEDOM harmless from his/her performances.
5. SAFEGUARD CLAUSE
If a competent court determines that any of the provisions of these Conditions is invalid, said provision will be removed from the Conditions without affecting the rest. The remaining provisions of the Conditions shall remain in force in all their terms.
6. CONFIDENTIALITY AND DATA PROTECTION
The handling of your data will include those that you necessarily provide during the registration process (including identification, contact and political affiliation data); without which it will be impossible to proceed to such registration, as well as the transactional and/or interaction data generated through your activity on the platform (such as your publications and/or actions in it), which will be captured through the platform.
BY ACCEPTING THESE PARTICULAR CONDITIONS, YOU EXPRESSLY AUTHORIZE THAT YOUR E-MAIL ADDRESS BE USED TO COMPLY WITH EACH AND EVERY ONE OF THE PURPOSES OF THE PROCESSING OF THE DATA SET FORTH IN THE PRECEDING PARAGRAPH THROUGH THE SUBMISSION OF ELECTRONIC COMMERCIAL COMMUNICATIONS.
SOME OF THE DATA SUBMITTED, WHEN SO DETERMINED FROM THE NATURE OF THE CORRESPONDING SERVICE, WILL BE MADE AVAILABLE TO OTHER USERS OR TO THE PUBLIC IN GENERAL (AS, FOR EXAMPLE, IN THE CASE OF THE PUBLICATIONS OR PUBLIC POSTS THAT YOU MAY MAKE).
REMEMBER, IT IS ONLY COMPULSORY THAT YOU FACILITATE DATA REGARDING THE FIELDS THAT APPEAR MARKED WITH AN ASTERISK (*) NEXT TO THEM, AND YOU ARE ENTIRELY FREE TO FACILITATE ANY OTHER DATA THAT WE ASK FROM YOU BUT WITHOUT SUBMITTING SUCH DATA IN THE FIELDS MARKED WITH AN ASTERISK (*); OTHERWISE WITHOUT YOUR AUTHORIZATION TO HANDLE SUCH DATA, WE WILL NOT BE ABLE TO GRANT YOU ACCESS TO THE SITE OR PROVIDE YOU WITH SERVICES.
ALSO, BY USING THE SERVICE YOU ACCEPT THAT SOME OF THE DATA SUBMITTED, WHERE EVIDENT FROM THE NATURE OF THE CORRESPONDING SERVICE, WILL BE MADE AVAILABLE TO OTHER USERS OR TO THE PUBLIC IN GENERAL. YOU ACKNOWLEDGE AND ACCEPT THAT ANY QUESTION, COMMENT, SUGGESTION, IDEA, FEEDBACK, OR OTHER INFORMATION REGARDING THE SITE OR THE SERVICE (THE "SUBMITTED INFORMATION") THAT YOU SEND TO THE COMPANY WILL NOT HAVE A CONFIDENTIAL NATURE AND MAY BE USED BY FREEDOM; that jointly with the Participating Party, FREEDOM will have exclusive rights, including all intellectual property rights, and may disclose and use the aforementioned Information without restriction.
7. GENERAL PROVISIONS
The headings of the different clauses are only for information purposes and will not affect, qualify, or extend the interpretation of this document. Likewise, FREEDOM may modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the form established in these Conditions or through any type of communication addressed to the Users.
The Conditions have been prepared in SPANISH. Thus, if FREEDOM were to provide a translation to any language other than Spanish, the User hereby acknowledges that such translation has been provided solely for its convenience, accepting that its relationship with FREEDOM will be governed exclusively by the provisions of the Conditions in the Spanish version.
Regardless of the provisions of the particular conditions that might be established, FREEDOM may terminate, suspend or interrupt, at any time and without prior notice, the access to the Contents of the Platform, without the possibility of the User to demand compensation.
Likewise, if the User fails to comply with these Conditions, FREEDOM may suspend or cancel his/her profile automatically and without prior notice, and in no case such suspension or cancellation would give the User the right to any compensation. For such purpose, FREEDOM informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any violation of current legislation or if it suspects the commission of a crime.
The failure to exercise or to execute any right or provision contained in these Conditions by FREEDOM will shall not be deemed to be waiver thereof.
8. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
Current regulations determine the laws that should govern and the jurisdiction that would hear of the relationship between FREEDOM and the Platform Users. Notwithstanding, provided that such regulations provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious issue derived or related to these Platforms, the Spanish legislation in force at the time of the litigation will apply.