General Conditions of Use
Through the Application and/or Website, MY FREE HANDS® provides the User with an instant messaging replay
and reply service ("Service"). The Application and/or Website, provides the User with access to various
content, information and data provided by MY FREE HANDS® in relation to the Service (the "Content"). MY
FREE HANDS® reserves the right to modify at any time the presentation, configuration and location of the
Application and/or the Website, as well as the corresponding conditions of access and use. The Contents
provided through the Application and/or Website may be subject to possible updates not reflected at all
times in the Application and/or Website. MY FREE HANDS® only provides the User with a tool for
reproducing and answering messages from instant messaging applications. Without prejudice to the above,
MY FREE HANDS® states and guarantees that
It is constituted according to the activity it carries out and of a civil responsibility insurance derived from its activity.
3. Access and use
Access to the Application and/or Website will be limited to persons over the age of 14. You may not (i) authorize others to use your account, nor may you allow persons under the age of 14 to access the Application through your account; You acknowledge and agree that access to and use of the Application and/or Website occurs freely and knowingly at your own risk. MY FREE HANDS® will in no case be responsible for (i) any use contrary to the Law, morals, good customs and public order that the User and/or third parties may make of the Application and/or Website, nor for (ii) the damages that may result from the same. Notwithstanding the foregoing, MY FREE HANDS® will inform the authorities of any of the above uses of its Application and/or Website as soon as it becomes aware of them. The User agrees to make proper and lawful use of the Application and/or Website in accordance with applicable law and these Terms and Conditions of Use. You must not (i) make any unauthorised or fraudulent use of the Application and/or Website; (ii) access or attempt to access restricted resources on the Application and/or Website; (iii) use the Application and/or Website for any purpose or effect that is unlawful, illegal, contrary to these Terms and Conditions of Use, harmful to the rights and interests of any third party, or in any way that may damage, disable or overburden or prevent the normal use or enjoyment of the Application and/or Website; (iv) cause damage to the Application and/or Website or the systems of its providers or third parties; (v) introduce or spread computer viruses or any other physical or logical systems which may cause damage to the systems of MY FREE HANDS®, its suppliers or third parties; (vi) attempt to access, use and/or manipulate the data of MY FREE HANDS®, third party suppliers and other users; (vii) reproduce, copy, distribute, transform or modify the Contents, allow access to third parties through any form of public communication, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (viii) obtain or try to obtain the contents using means or procedures other than those that, as the case may be, have been made available for this purpose. The User may only access the Application and/or Website through authorized means. MY FREE HANDS® will not be liable in the event that the User does not have a compatible device or has downloaded a version of the Application which is incompatible with his/her device.
4. Additional conditions for access and use
Access to the Application will be subject to the prior registration of the User by filling in the corresponding form ("Registration Form"), which will be previously provided to the User. MY FREE HANDS® reserves the right to freely accept or reject the registration request by the User. The data entered by the User in the Registration Form must be accurate, current and truthful at all times, and may include the User's National Identity Document. Access to and use of the Application or the specific area of the Website will be subject to a password assigned to the User by MY FREE HANDS® when filling in the Registration Form and access will be deemed to have been carried out by said User, who will be responsible in all cases for such access and use. The User will be responsible at all times for the custody of his or her password, assuming, as a consequence, any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. In case of forgetting the password or any other circumstance that involves a risk of access and / or use by unauthorized third parties, the User will immediately notify MY FREE HANDS® so that it can proceed immediately to block and replace it. In any case, any operations carried out prior to such communication will be deemed to have been carried out by the User, who will be responsible for and pay the costs and/or damages arising from any unauthorized access and/or use carried out prior to such communication.
5. Terms of payment and invoicing
6. Intellectual and industrial property rights
The User acknowledges and accepts that all intellectual and industrial property rights over the content and/or any other elements inserted into the Application and/or Website (including, without limitation, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flow charts, presentation, audio and video), belong to MY FREE HANDS®. MY FREE HANDS® authorizes the User to use, visualize, print, download and store the contents and/or elements inserted in the Application and/or Website exclusively for his/her personal, private and non-profit use, refraining from any act of decompilation, reverse engineering, modification, disclosure or supply. Any other use or exploitation of any content and/or other elements inserted into the Application and/or Website other than those expressly provided for herein shall be subject to the prior authorisation of MY FREE HANDS®.
7. Data protection
8. System of guarantees and liability
MY FREE HANDS® will ensure the highest possible availability and continuity in the operation of the Application and/or Website. However, this does not imply that the User has a right to the permanent and uninterrupted availability of the Application and/or Website. MY FREE HANDS® adopts various protection measures to safeguard the Application and/or Website and the Contents from computer attacks by third parties. MY FREE HANDS® will only be liable to Users in cases where damage is caused by incorrect, incomplete or late transmission of data or by the unavailability of the Application and/or Website due to failures attributable solely and directly to MY FREE HANDS®. Also, if (i) the use of the Application and/or Website or (ii) the transmission of data through them would result in damage or harm to the User's hardware or software, MY FREE HANDS® will be responsible for them as long as it is proven that such damage has been directly and solely caused by the Application and/or Website. By subscribing to these General Conditions of Use, the User declares that he or she will hold MY FREE HANDS® harmless against any claim against the same, its parent company, directors, partners, employees, lawyers and agents arising from (i) the User's failure to comply with any provision contained in these General Conditions of Use or any law or regulation applicable thereto, (ii) of the breach or violation of the rights of third parties including, but not limited to, third party carriers, other drivers and pedestrians, (iii) of any damage or harm caused by the User and/or their companions in the use of the Service to a third party and (iv) of the breach of the permitted use of the Application and/or Website. Furthermore, the User undertakes by subscribing to these General Conditions of Use to behave for the duration of the use of the Application in accordance with morals, good customs and public order. MY FREE HANDS® proveerá́ to the User of a service of reproduction and answer of the messages that he receives of the different applications of instantaneous messaging. The User waives and exonerates MY FREE HANDS® from any obligations, claims or damages arising as a result of an accident produced by the user and/or third party.
MY FREE HANDS® may make the appropriate notifications through the Application and/or Website, through the email address provided by the User in the Registration Form, by SMS, through regular mail to the address provided by the User in the Registration Form. The User, in turn, may send notifications to MY FREE HANDS® through the email [email protected].
10. Assignment Cesion
The User may not assign his rights and obligations under these General Conditions of Use without the prior written consent of MY FREE HANDS®. MY FREE HANDS® may assign its contractual position, without commercial purposes other than those assumed under these General Conditions of Use, to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of its business by any title.
11. Applicable law and jurisdiction
The present General Conditions of Use, as well as the relationship between MY FREE HANDS® and the User, will be governed and interpreted in accordance with Spanish law. In this way, the activity of MY FREE HANDS® is subject, among other applicable regulations, to Law 34/2002, of July 11, on information society services and electronic commerce, as well as to Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Users. The parties agree to submit to the exclusive jurisdiction of the courts and tribunals of Spain for the resolution of any dispute in relation to these General Conditions of Use or the relationship between them.
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