Legal notice
In accordance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following information is provided:
IDENTIFICATION DATA
You are visiting the website https://www.modfie.com, owned by MODFIESPAIN SL, with its registered office at CALLE ZUATZU 3, 20018 SAN SEBASTIAN, GUIPUZCOA, with N.I.F. B75140434, registered in the Commercial Registry of Gipuzkoa, in Volume 2713, Folio 27, Registration 1, Sheet SS-37645, hereinafter referred to as the OWNER.
You can contact the Owner through any of the following means:
Email: info@modfie.com
USERS
Through this document, we inform you of the terms and conditions governing access to and use of the websites and mobile applications of the Owner, as well as the services and contents associated with these sites and applications (hereinafter also referred to as the site(s) or websites and mobile app(s)).
Access or use of any website and/or app of the Owner by any interested party implies that the interested party acquires the status of “user” and, with this status, certain rights and obligations.
It is your responsibility to access the legal conditions provided on this website and read them carefully, as well as the privacy policy, cookie policy, or, if applicable, sales conditions. We recommend:
1. That you visit them every time you intend to access or use the services and content of the site.
2. That you print or store a copy on your system.
USE OF THE PORTAL
This website provides access to a wide range of information, services, programs, or data (hereinafter, “the content”) on the Internet, belonging to the Owner or its licensors, to which the User can access.
The User assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or content. In such registration, the User is responsible for providing truthful and lawful information. As a result of this registration, the User may be given a password, for which they are responsible, committing to use it diligently and confidentially.
The User agrees to make appropriate use of the contents and services (for example, chat services, discussion forums, or news groups) offered by the Owner through the portal and, by way of example but not limited to, not to use them to:
• Engage in illegal, unlawful, or activities contrary to good faith and public order.
• Disseminate content or propaganda that is racist, xenophobic, pornographic-illegal, supportive of terrorism, or violates human rights.
• Cause damage to the physical and logical systems of the Owner, its suppliers, or third parties, or introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage.
• Attempt to access and, if applicable, use the email accounts of other users and modify or manipulate their messages.
• Use the website or the information contained in it for commercial, political, advertising purposes, or for any commercial use, especially in sending unsolicited emails.
The Owner reserves the right to remove any comments or contributions that violate respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, that attack youth or childhood, public order, or public safety, or that, in their opinion, are not suitable for publication. In any case, the Owner will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.
DATA PROTECTION
All matters related to the processing of your personal data are covered in the privacy policy.
CONTENTS. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Owner holds all intellectual and industrial property rights to its website, as well as the elements contained in it (including, but not limited to: images, photographs, sound, audio, video, software, or texts; brands or logos, color combinations, structure and design, material selection, computer programs necessary for its operation, access, and use, etc.), which are either owned by the Owner or its licensors.
All rights reserved. Under the provisions of Articles 8 and 32.1, second paragraph, of the Intellectual Property Law, reproduction, distribution, and public communication, including the provision of the contents of this website, in whole or in part, for commercial purposes, on any medium, and by any technical means, is expressly prohibited without the Owner’s authorization.
IMAGE RIGHTS
The User registered on the Modfie website expressly, freely, irrevocably, and exclusively grants MODFIESPAIN SL all image rights over the audiovisual and graphic content that the User publishes, shares, or uploads on the website. By virtue of the foregoing, MODFIESPAIN SL may use, reproduce, distribute, publicly communicate, transform, and commercialize said content in any medium, format, or support, whether physical or digital, present or future, within the limits established by applicable law. The User declares and guarantees that they are the legitimate holder of the transferred image rights and that their publication on the website does not infringe upon the rights of third parties. Furthermore, the User releases MODFIESPAIN SL from any claims arising from the use of such content in accordance with this clause. If the User wishes to revoke this consent, they may request it in writing via email at info@modfie.com. However, the revocation will not affect content that has already been used or previously commercialized by MODFIESPAIN SL.
EXCLUSION OF WARRANTIES AND LIABILITY
The User acknowledges that the use of the website and its contents and services is carried out under their exclusive responsibility. Specifically, and by way of example, the Owner does not assume any responsibility in the following areas:
• The availability and operation of the website, its services, and content, and its quality or interoperability.
• The purpose for which the website serves the User’s objectives.
• The infringement of current legislation by the User or third parties, particularly with regard to intellectual and industrial property rights owned by other individuals or entities.
• The existence of malicious code or any other harmful computer elements that could cause damage to the User’s or third parties’ computer systems. The User is responsible for having adequate tools for detecting and disinfecting these elements.
• Fraudulent access to content or services by unauthorized third parties, or, if applicable, the capture, deletion, alteration, modification, or manipulation of any messages or communications that such third parties may carry out.
• Damages caused to computer equipment during access to the website and damages caused to Users when they originate from failures or disconnections in telecommunication networks that interrupt the service.
• Damages or losses resulting from circumstances caused by force majeure or fortuitous events.
MODIFICATION OF THIS LEGAL NOTICE AND DURATION
The Owner reserves the right to make any changes it deems appropriate to its portal without prior notice, including modifying, removing, or adding content and services offered through it, as well as changing the way they appear or are located on the portal.
The validity of the aforementioned conditions will depend on their exposure and will remain in effect until modified by other duly published conditions.
LINKS
If https://www.modfie.com includes links or hyperlinks to other websites, the Owner will not exercise any control over those sites and contents. In no event will the Owner assume any responsibility for the contents of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, scope, truthfulness, validity, and constitutionality of any matter or information contained in any of those hyperlinks or other sites on the Internet. Similarly, the inclusion of these external connections does not imply any type of association, merger, or participation with the connected entities.
EXCLUSION RIGHTS
The Owner reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, on its own behalf or that of a third party, to those users who fail to comply with the content of this legal notice.
GENERALITIES
The Owner will pursue the breach of these conditions as well as any improper use of its portal by taking all civil and criminal actions available under the law.
APPLICABLE LEGISLATION AND JURISDICTION
The relationship between the Owner and the User will be governed by current Spanish legislation. All disputes and claims arising from this legal notice will be resolved by the Spanish consumer and user courts and tribunals.
SECURITY MEASURES – SSL
The Owner has contracted an SSL certificate (“Secure Sockets Layer”) for its website.
An SSL certificate protects all personal and confidential information handled on a website, regardless of the information being transmitted, such as data from contact forms on the website to the server or data entered for subscribing to newsletters or accessing protected areas, etc.
The website address will appear in green, activating the “https” protocol, allowing secure connections from a web server to the user’s browser.