Legal notice
LAW OF INFORMATION SOCIETY SERVICES (LSSI)
Itay Ildis, self-employed worker and responsible for the FUNSUN website, hereinafter RESPONSIBLE, makes available to users this document, with the aim of complying with the obligations established in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as informing all users of the website regarding the conditions of use.
Any person who accesses this website assumes the role of user, committing to observe and strictly comply with the provisions here, as well as any other legal provisions that may apply.
FUNSUN reserves the right to modify any type of information that may appear on the website, without the obligation to give prior notice or inform users of such obligations, it being understood as sufficient with the publication on the FUNSUN website.
1. IDENTIFYING DATA
Corporate name: Itay Ildis
Trade name: FUNSUN
VAT: Y8643174H
email: info@funsun.es
2. PURPOSE
Through the Website, we offer Users the possibility of accessing information about our services.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data to access certain content or services, Users will guarantee their truthfulness, accuracy, authenticity, and validity. The company will process such data automatically as appropriate depending on its nature or purpose, in accordance with the terms indicated in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs suitable for industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names, or distinctive signs, all industrial and intellectual property rights, over the content and/or any other elements inserted on the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform or modify such content, holding the company harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any waiver, transmission, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, HR, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by the company or the third-party owner of the affected rights.
The content, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any intellectual creation existing on this Website, as well as the Website itself as a multimedia artistic work, are protected as copyright by legislation on intellectual property. The company owns the elements that make up the graphic design of the Website, such as menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or in any case has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted or recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the Entity.
Likewise, it is prohibited to remove, circumvent, and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may contain the content. The User of this Website agrees to respect the rights mentioned and to avoid any action that could harm them, with the company reserving, in any case, the exercise of any means or legal actions that correspond to defend its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE
The User undertakes to:
1. Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable legislation at any given time; (ii) the General Conditions of Use of the Website; (iii) morality and generally accepted good customs and (iv) public order.
2. Provide all the means and technical requirements necessary to access the Website.
3. Provide truthful information when filling out personal data forms contained on the Website and keep them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the company or third parties due to the information provided.
However, without prejudice to the foregoing, the User must also refrain from:
1. Making unauthorized or fraudulent use of the Website and/or the contents for illegal purposes or effects prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or the documents, files, and all kinds of content stored on any computer equipment.
2. Accessing or attempting to access restricted areas of the Website, without meeting the conditions required for such access.
3. Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
4. Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers, or third parties.
5. Attempting to access, use, and/or manipulate the company's data, third-party providers, and other Users.
6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
7. Deleting, hiding or manipulating the copyright notices or any other identifying data of the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
8. Obtain and try to obtain the contents using means or procedures other than those that, as appropriate, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are commonly used on the Internet for not involving a risk of damage or disablement of the Website and/or the contents.
9. In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:
• In any way contradicts, belittles, or violates fundamental rights and public freedoms constitutionally recognized, in International Treaties, and in the rest of the current legislation.
• Induces, incites, or promotes criminal actions, denigratory, defamatory, violent, or, in general, contrary to the law, morals, generally accepted good customs, or public order.
• Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
• Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morals, and generally accepted good customs, or public order. Induces or may induce an unacceptable state of anxiety or fear.
• Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance.
• Is protected by legislation on intellectual or industrial property belonging to the company or third parties without the intended use being authorized.
• Contravenes the honor, personal and family privacy, or the image of individuals.
• Constitutes any type of advertising.
• Includes any type of virus or program that prevents the normal operation of the Website.
If a password is provided to access some of the services and/or contents of the Website, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, or to allow access to the mentioned services and/or contents by third parties. Likewise, you agree to notify the company of any fact that may imply improper use of your password, such as, for example, theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until the aforementioned notification is made, the company will be exempt from any liability that may arise from the improper use of your password, and any unlawful use of the contents and/or services of the Website by any unauthorized third party will be your responsibility. If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for any damages and losses that may arise from such breach for the company.
6. RESPONSIBILITIES
Continuous access, correct visualization, download, or use of the elements and information contained on the website is not guaranteed and may be prevented, hindered, or interrupted by factors or circumstances beyond its control. It is not responsible for decisions that may be made as a result of accessing the offered content or information.
The service may be interrupted, or the relationship with the User may be immediately terminated if it is detected that the use of the Website, or any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims, or expenses derived from the use of the Website.
It will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that it is notified accordingly. In particular, we will not be responsible for damages that may arise, among others, from:
1. Interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in the lines and telecommunications networks, or by any other cause beyond the control of the company.
2. Illegal intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
3. Improper or inadequate use of the Website.
4. Security or navigation errors caused by a malfunction of the browser or the use of outdated versions thereof. The website administrator reserves the right to partially or totally remove any content or information present on the Website.
The company excludes any liability for damages and losses of any nature that may be due to the misuse of freely available services by Users of the Website. Likewise, it is exempt from any liability for the content and information that may be received as a result of data collection forms, which are solely for the provision of consultation and inquiry services. On the other hand, in the event of causing damages and losses due to unlawful or incorrect use of said services, the User may be held liable for the damages or losses caused.
You will indemnify the company against any damages and losses resulting from claims, actions, or demands from third parties as a result of your access or use of the Website. Likewise, you agree to indemnify against any damages and losses resulting from your use of "robots," "spiders," "crawlers," or similar tools used to collect or extract data or any other action by you that imposes an unreasonable burden on the operation of the Website.
7. HYPERLINKS
The User undertakes not to reproduce in any way, not even by means of a hyperlink, the Website, as well as any of its contents, without the express and written authorization of the file manager.
The Website may include links to other websites, managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it assume the role of guarantor or offeror of the services and/or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website solely for private and non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorized, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order, or unlawful; (iii) may not link to any page of the Website other than the main page; (iv) must link to the Website's own address, without allowing the linking website to reproduce the Website as part of its website or within one of its "frames" or create a "browser" on any of the Website's pages. The company may request, at any time, the removal of any link to the Website, after which the removal must be carried out immediately.
The company cannot control the information, content, products, or services provided by other websites that have established links to the Website.
8. DATA PROTECTION
To use some of the Services, the User must provide certain personal data in advance. The company will process this data automatically and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of previously established purposes, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use "cookie" technology on the Website in order to recognize it as a frequent User and personalize the use of the Website by preselecting its language or more desired or specific content.
Cookies collect the user's IP address, with Google being responsible for processing this information.
Cookies are files sent to a browser through a Web server to record the User's navigation on the Website when the User allows their reception. If you wish, you can configure your browser to be notified on-screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser's instructions and manuals for further information.
Thanks to cookies, it is possible to recognize the browser of the computer used by the User in order to facilitate content and offer browsing or advertising preferences to the User, to the demographic profiles of the Users, as well as to measure visits and traffic parameters, control progress, and the number of entries.
10. STATEMENTS AND WARRANTIES
In general, the content and services offered on the Website are merely informative. Therefore, by offering them, no warranty or statement is granted regarding the content and services offered on the Website, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such statements and warranties cannot be excluded by law.
11. FORCE MAJEURE
The company will not be liable in any case of inability to provide service if this is due to prolonged interruptions in the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.
12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the social domicile of the Responsible party of the website.
In the event that any provision of these General Conditions of Use is found to be unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or voidness shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company shall proceed to modify or replace such provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original provision.