1.- Ownership of the Web Page
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (hereinafter “LSSI“), we inform you that the website www.mutter.me (hereinafter the “Website“) is operated by MUTTER LAB, SL. (hereinafter, “Mutter“), with C.I.F. B-06972707, registered in the Mercantile Registry of Barcelona, Volume 46.672, Folio 155 and Page B-527.298, whose registered office is located in c/Plaza Pau Vila 1 . Planta LC Puerta 4A, 08039, Barcelona.
2.- Use of the Website
This Legal Notice (hereinafter the “Legal Notice”), establishes the conditions governing the use of the services of the information society that Mutter makes available to users of the Internet through the Website.
Access to the Website is free, except for the cost of connection through the telecommunications network provided by the access provider that the User has contracted.
Mutter reserves the right to make, at any time and without notice, modifications, and updates to the Website and its contents, configuration, and presentation, including this Legal Notice, so we recommend reading before each access and browsing the Website. Mutter will place these conditions in a visible place, freely accessible for any queries you want to make.
The User agrees not to use the Website for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests, and rights of Mutter or third parties, agreeing to use the Website, services and content included therein in a diligent, correct and lawful manner. In particular, the User agrees to refrain from: delete, evade or manipulate the “copyright” and other data identifying the rights of their owners incorporated into the contents of the Website, as well as technical protection devices, or any information mechanisms that may include such content. Likewise, the User undertakes not to carry out any act with the purpose of damaging, rendering useless, or overloading the Website, or preventing, in any way, the normal use and operation of the same.
As a result of the foregoing, the User is solely responsible to Mutter and third parties for:
– Those consequences that may arise from the use, for purposes or effects that are unlawful or contrary to this document, of any content of the Website, prepared by Mutter or any third party.
– The consequences that may arise from the use contrary to the contents of this document and harmful to the interests or rights of others, or in any way damaged, disable or impair the Website or its services or prevent the normal enjoyment by other users.
In the event that you breach this Legal Notice, or that Mutter reasonably suspects that you are in breach of it, Mutter reserves the right to limit, suspend or terminate your access to the Website, taking any technical measures necessary for that purpose. Also, Mutter reserves the right to decide, at any time, on the continuity of the services provided through the Website.
3.-Intellectual and Industrial Property.
Intellectual property rights on the layout of the contents of the Website (including the sui generis right on the database), graphic design (look & feel), distinctive signs (trademarks and trade names), underlying computer programs (including source codes), as well as the various elements that make up the Website (text, graphics, logos, designs, photographs, videos, etc.) correspond to Mutter or has, where appropriate, the right to use and exploit them, and in this sense are works protected by intellectual and industrial property laws in force.
The use of the Website by the User in any way implies the transfer of any intellectual property rights and/or industrial property on it, its contents, and/or distinctive signs of Mutter. To this end, by means of this Legal Notice, except in those cases where it is legally permitted, the User is expressly forbidden to reproduce, transmit, copy, distribute or use the contents of the Website in any way whatsoever, except in those cases where it is legally permitted.
The reproduction of elements or contents of the Website for profit or commercial purposes is expressly and strictly prohibited. It is also strictly forbidden to copy, reproduce, adapt, modify, distribute, commercialize, public communication, and/or any other action that involves an infringement of Spanish and/or international regulations on intellectual property and/or industrial, as well as the use of the contents of the website without the prior express written permission of Mutter.
4.- Limitation of Liability
Mutter applies appropriate technical and organizational measures to ensure an adequate level of security. In this regard, Mutter manages its server environment properly, having a strictly compliant firewall infrastructure, and continuously uses current technologies to ensure that the confidentiality and privacy of information are not compromised.
The User acknowledges and agrees that the use of the Website is at all times at their sole risk and responsibility, so Mutter is not responsible for any misuse that may be made of it. To this end, Mutter will only be liable for damages that the User may suffer from the use of the Website when such damages are due to our willful misconduct.
In particular, by way of example but not limited to, Mutter shall not be liable for:
- The content of the sites is linked through the links included within the Website. In this regard, the terms contained in paragraph 5 of this Legal Notice shall apply.
- Damages of any kind are caused to the User’s computer equipment by viruses, worms, trojans, or any other harmful element. The User acknowledges that the use of the Internet network involves the assumption of a risk that their computer equipment may be affected by the aforementioned elements. To this effect, it is up to the User, in any case, the availability of adequate tools for the detection and elimination of harmful electronic programs.
- Damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the service of the Website during the provision of the same or prior thereto. In this regard, the User acknowledges that access to the Website requires services provided by third parties outside the control of Mutter (by way of example: telecommunications network operators, access providers, etc.) whose reliability, quality, continuity, and operation do not correspond to Mutter.
- The use that the User may make of the materials on this Website, whether prohibited or permitted, is in violation of intellectual property rights and/or industrial content of the Website or third parties.
- The acts or omissions of third parties, regardless of whether these third parties may be linked to Mutter by contract.
- The communications or dialogues in the course of discussions, forums, chats, and virtual communities that may be organized through the Website, nor shall it be liable, therefore, for any damages suffered by the User or third-parties as a result of such communications and/or dialogues.
In no event shall Mutter be liable for:
- Errors or delays in accessing the Website by the User when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in telecommunications networks, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of Mutter.
- Errors or damage caused to the Website due to inefficient use of the service and bad faith by the User.
In any case, Mutter undertakes to solve the problems that may arise and to provide all necessary support to the User to reach a quick and satisfactory solution to the incident.
5.- Links to other Internet sites.
The Website includes technical linking devices (links) that allow the User to access other Internet pages and portals (hereinafter “Linked Sites”). In these cases, Mutter acts as an intermediary service provider in accordance with Article 17 of the LSSI, and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, please notify Mutter through email@example.com. In any case, this communication will entail the obligation to remove the corresponding link.
The existence of Linked Sites in no way implies that Mutter has actual knowledge or otherwise of the services and content of the same in case of illegality, or necessarily maintains agreements with those responsible or owners of the Linked Sites. Nor does the existence of such links imply recommendation, promotion, identification, or conformity of Mutter with the statements, content, or services provided through the Linked Sites. Consequently, Mutter is not responsible for the content of the Linked Sites, nor for their conditions of use and privacy policies, being the User solely responsible for checking and accepting them each time you access and use them.
The User and, in general, any natural or legal person who intends to establish a link from your page or site to the Website, must obtain prior written permission from Mutter. The establishment of such a link does not imply in any case the existence of relations between Mutter and the owner or owner of the site or page on which the link is established, nor the acceptance or approval by Mutter of its contents or services.
The establishment of any link from a page or site outside any of the pages of the Mutter Website shall be subject to the following conditions:
- No reproduction in whole or in part of any of the services contained in the Website is permitted.
- No false, inaccurate, or incorrect representation about the pages of the Website and its services shall be included.
- Under no circumstances shall Mutter be responsible for the content, information, statements, opinions, or services made available to the public on the page from which a link to the Website is established.
- Any link will be made to the home page of the Website.
In any case, Mutter reserves the right to prohibit or disable links to the Website at any time, especially in cases of unlawful activity or content of the page or site in which it is included.
The use of the Website is governed by and shall be construed in accordance with Spanish law, any dispute or litigation arising between the user and Mutter will be dealt with by the competent courts and tribunals in accordance with applicable law.
In the event that any of the provisions contained in this Legal Notice is declared invalid in whole or in part, we will proceed to the withdrawal or replacement of the same. In any case, such declaration or invalidity shall not affect the validity of the remaining provisions contained in this Legal Notice.