LEGAL NOTICE: GENERAL TERMS AND CONDITIONS OF USE AND BROWSING
October 28, 2019
This Legal Notice sets out the terms and conditions for using and browsing the website www.ferendum.com (hereinafter “the Website”).
Access, browsing and use of the Website confers the status of user (hereinafter “the user”) and implies express and unreserved acceptance on the part of the user of all of the terms and conditions contained in this Legal Notice.
Pursuant to Act 34/2002 of July 11, on Information Society and Electronic Commerce Services, the owner of the Website is Laudial S.L.U., which is duly registered with the Madrid Register of Companies under sheet M-707826, volume 39841, page 81 (hereinafter “FERENDUM.COM”), with web address www.ferendum.com, Tax Identification Number (NIF) B88510276 and registered business address at Calle O’Donnell, 12, planta 3, Madrid (Spain).
3. Website: use, purpose, and applicable legal regime
The Website is a support and interaction mechanism that offers users the chance to create Ferendums, websites through which users can take part in informal polls and votes set up by other users.
4. Acceptance of the terms and conditions of use
Access to all of the functionalities available on this Website implies acceptance of all of these terms and conditions, as well as any others that may be established, amended and/or extended according to the present or future requirements of the Service. FERENDUM.COM is entitled to modify at any time the content of the terms and conditions, and of the services and functionalities available on the Website. The publication of the changes and modifications of this Website shall be deemed sufficient, and the user will be given the opportunity to accept or reject such changes. Rejection may prevent use of the Website and of any or all of the functionalities available thereon.
5. Terms and conditions of access and use
The user shall use the Website and the content, products and services available thereon in an appropriate and lawful manner, in accordance with applicable legislation, these terms and conditions, generally accepted moral standards and good practice, and public order, at all times.
The user shall be responsible for the content he or she creates.
Furthermore, the user of the Website shall:
- Not post the following content on the Website:
- Content that is illegal in the user’s country, any European Union country or in the United States of America.
- Electoral polls if they are illegal in the user’s country or in the territory referred to in the poll.
- Adult content.
- Content that violates intellectual property rights.
- Links to illegal download sites.
- Content against another individual, group or organization.
- Content that could be considered harassment, bullying or mobbing.
- Violent content.
- Content related to drugs or weapons.
- Content related to cyberattacks, including hacking and cracking.
- Not tamper or attempt to tamper with the results shown on the Website.
- Not impersonate third persons or otherwise act in any way that might mislead or cause confusion as to the true identity of the user.
6. Intellectual and industrial property
The user acknowledges and accepts that all intellectual and industrial property rights over the content, including, but not limited to, text, brands, logos, trade names, images, graphics, designs, databases, software, and videos, are the sole property of FERENDUM.COM or third parties specifically authorized by FERENDUM.COM to that end.
Access to or browsing of the Website does not under circumstances imply a total or partial waiver, transfer, licensing, or assignment of those rights, unless expressly stated otherwise in writing.
All intellectual and industrial property rights over the content and/or services of the Website are reserved and, in particular, modifying, copying, producing, publicly communicating, transforming, or distributing the content thereof, by any means or in any form, in whole or part, for public or commercial purposes, is prohibited, without the prior, express, and written permission of the respective owners.
Users who violate these restrictions and prohibitions acknowledge that they shall bear sole responsibility, and shall indemnify FERENDUM.COM or any other third party that may have been affected as a result of the users’ actions.
7. Use of user content
User Content refers to the content posted on the Website by the user. It includes, but is not limited to, questions, descriptions, and response options entered by users who create a Ferendum, and comments and answers entered by users who participate in a Ferendum. It also includes the results of informal votes or polls carried out by users.
All users have the right to freely disseminate User Content from public Ferendums. This includes the freedom to disseminate the results of a Ferendum.
Written permission from the content author is required to disseminate the content or results of private Ferendums.
Third parties should never be led to believe that the author of such content is Ferendum. For example, expressions such as “According to the poll carried out by author on Ferendum.com” should be used instead of “According to the poll carried out by Ferendum.com”.
8. Exclusion of warranties and liability
FERENDUM.COM does not guarantee the availability and continuity of operation of the Website. Furthermore, FERENDUM.COM shall under no circumstances be held liable for any harm caused by:
- The Website’s unsuitability for the specific needs of users;
- The tampering of results by third parties;
- Interruption of the Website’s operation or computer faults, malfunctions, disconnections, delays or crashes caused by defects or overload of the systems or mechanisms used to run it; and
- Other damage that may be caused by third persons through intrusions outside of FERENDUM.COM’s control.
The absence of viruses or other elements posted on the Website by third parties outside of FERENDUM.COM’s control that may alter the users’ hardware or software or the documents, files, and folders stored on their systems is not guaranteed.
FERENDUM.COM will take a range of measures to protect the Website and content against third-party cyberattacks. However, it does not guarantee that unauthorized third parties cannot access the type of use of the Website by the user or the conditions, characteristics, and circumstances under which the Website was used. Therefore, it shall not under any circumstances be held responsible for any harm that may arise from such unauthorized access.
FERENDUM.COM reserves the right to suspend, without prior notice, access to users who, in its view, have failed to abide by the Website’s rules of use, and to take the appropriate legal measures, without conferring any rights to compensation on the users concerned.
FERENDUM.COM reserves the right to delete or edit without prior notice content generated by users who, its view, have failed to abide by the Website’s rules of use.
FERENDUM.COM shall not under any circumstances be held responsible for the use of the Website by users and/or third parties, or for any harm that may arise therefrom.
FERENDUM.COM denies all responsibility for harm of any kind that may be due to the use of the services and content by users, or that may be due to the lack of information, the inaccuracy or the lack of veracity of information that they provide through the Website and the Service, including, but limited to, harm of any kind that may be due to the impersonation of a third party by a user in any type of communication made or action performed through the Website.
9. Applicable law and jurisdiction
Any dispute related to this Legal Notice shall be subject to Spanish jurisdiction. The parties expressly agree to submit to the jurisdiction of the courts and tribunals of the City of Madrid, and users expressly waive any other potentially applicable jurisdiction.
10. Legal notice modifications
FERENDUM.COM reserves the right to modify this Legal Notice in line with future legislative, doctrinal or jurisprudential developments that may be applicable, or for technical, operational, commercial, corporate, or business reasons, giving reasonable prior notice to users of the changes made wherever possible. In any case, it is advisable to read this Legal Notice carefully when accessing the Website.
For any questions related to this Legal Notice, users can contact FERENDUM.COM via the following email address: