TERMS AND CONDITIONS OF USE

1.- Ownership of the Website

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, the "LSSI"), we inform you that the website www.mutter.me (hereinafter, the "Website") is operated by MUTTER VENTURES, S.A. (hereinafter, "Mutter"), with Tax Identification Number A-67329136, registered in the Commercial Registry of Barcelona, Volume 46,672, Folio 155, Sheet B-527.298, whose registered office is located at Plaza Pau Vila, 1, 4A - Barcelona (08039).

2.‐ Use of the Website

This Legal Notice (hereinafter, the "Legal Notice") establishes the conditions that regulate the use of the information society services that Mutter makes available to Internet users through the Website.

Aspects related to the processing of users' personal data in connection with the use of the Website are regulated in the Privacy Policy.

Likewise, you can find information regarding the use of cookies in the Cookie Policy.

Thus, access to and use of the Website implies that the user thereof (hereinafter, the "User") fully accepts and undertakes to comply with this Legal Notice, the Privacy Policy, the Cookie Policy, as well as the instructions or recommendations indicated in each specific case through the Website.

Access to the Website is free, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

Mutter reserves the right to make, at any time and without prior notice, modifications and updates to the Website and its contents, configuration, and presentation, including this Legal Notice, so we recommend reading it before each access and navigation through the Website. Mutter will place these conditions on a visible site, freely accessible for any queries you wish 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, committing to use the Website, the services, and the contents included therein diligently, correctly, and lawfully. In particular, the User agrees to refrain from: deleting, circumventing, or manipulating the copyright and other identifying data of the rights holders incorporated into the contents of the Website, as well as the technical protection devices or any information mechanisms that may include such contents. Likewise, the User agrees not to perform any act aimed at damaging, disabling, or overloading the Website, or that would prevent, in any way, its normal use and operation.

As a consequence of the above, the User is solely responsible to Mutter and third parties for:

Any consequences that may arise from the use, for illegal purposes or effects 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 content of this document and harmful to the interests or rights of third parties, or that may in any way damage, disable, or deteriorate the Website or its services or prevent their normal enjoyment by other Users.
In the event of non-compliance with this Legal Notice, or if Mutter reasonably suspects that you are not complying with it, Mutter reserves the right to limit, suspend, or terminate your access to the Website, adopting any technical measures necessary for this purpose. Likewise, Mutter reserves the right to decide, at any time, on the continuity of the services it provides through the Website.

3.‐ Intellectual and Industrial Property

The intellectual property rights over the arrangement of the contents of the Website (including the sui generis right over the database), its graphic design (look & feel), the distinctive signs (trademarks and trade names), the underlying computer programs (including source codes), as well as the various elements that make up the Website (texts, graphics, logos, designs, photographs, videos, etc.) belong to Mutter or it has, where appropriate, the right to use and exploit them, and in this sense, they constitute works protected by current intellectual and industrial property regulations.

The use of the Website by the User does not imply in any way the transfer of any intellectual and/or industrial property rights over it, its contents and/or Mutter's distinctive signs. To this end, through this Legal Notice, unless legally permitted, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting and/or reusing the Website, its contents and/or Mutter's distinctive signs, whether in whole or in part.

The reproduction of elements or contents of the Website carried out with the intention of profit or commercial purposes is expressly and strictly prohibited. Likewise, the copying, reproduction, adaptation, modification, distribution, marketing, public communication, and/or any other action that constitutes an infringement of current Spanish and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the website without the prior express written authorization of Mutter, are totally prohibited.

4.‐ Limitation of Liability

Mutter applies appropriate technical and organizational measures to ensure an adequate level of security. In this sense, Mutter manages its server environment appropriately, having a strictly compliant firewall infrastructure and continuously using current technologies to ensure that the confidentiality and privacy of information are not compromised.

The User acknowledges and accepts that the use of the Website is at all times at their own risk and responsibility, so Mutter is not responsible for any misuse or improper use that may be made of it. In this regard, 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 deliberate action.

In particular, but not limited to, Mutter will not be liable for:

The content of the websites linked through the links included within the Website. In this regard, the terms set forth in section 5 of this Legal Notice shall apply.
Damages of any kind 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 entails a risk that their computer equipment may be affected by the aforementioned elements. To this end, it is the User's responsibility, in any case, to have adequate tools for the detection and elimination of harmful electronic programs.
Damages of any kind caused to the User resulting from failures or disconnections in the telecommunications networks that result in the suspension, cancellation, or interruption of the service of the Website during its provision or beforehand. In this regard, the User acknowledges that access to the Website requires services provided by third parties beyond Mutter's control (such as: telecommunications network operators, access providers, etc.) whose reliability, quality, continuity, and operation are not the responsibility of Mutter.
The use that the User may make of the materials on this Website, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights of the contents of the Website or third parties.
Acts or omissions of third parties, regardless of whether these third parties may be linked to Mutter by contract.
Communications or dialogues during debates, forums, chats, and virtual communities that may be organized through the Website, nor will it be responsible, therefore, for any damages suffered by the User or third parties as a result of such communications and/or dialogues.

In no case will Mutter be liable for:

Errors or delays in access to the Website by the User at the time of 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 the telecommunications networks, causes of force majeure, or any other unforeseeable contingency beyond Mutter's good faith.
Errors or damages caused to the Website by inefficient use of the service and bad faith by the User.
In any case, Mutter undertakes to solve any 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 Websites

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 a provider of intermediation services in accordance with article 17 of the LSSI, and will only be responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of their unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, we request that you notify Mutter through legal@mutter.es or you can contact the Data Protection Delegate at dpd@mutter.me. In no case will this communication entail the obligation to remove the corresponding link.
The existence of Linked Sites in no way implies that Mutter has effective or any other type of knowledge of the services and contents thereof in case of unlawfulness, nor does it necessarily mean that Mutter maintains agreements with the managers or owners of the Linked Sites. Nor does it imply that such links constitute a recommendation, promotion, identification, or agreement by Mutter with the statements, contents, or services provided through the Linked Sites. Consequently, Mutter is not responsible for the content of the Linked Sites, nor for their terms of use and privacy policies, the User being solely responsible for checking and accepting them each time they access and use them.
The User and, in general, any natural or legal person who intends to establish a link from their page or site to the Website must obtain prior written authorization from Mutter. The establishment of such a link does not imply in any case the existence of relationships between Mutter and the owner or holder of the site or page on which it is established, nor the acceptance or approval by Mutter of its contents or services.
The establishment of any link from a page or site other than any of the pages of Mutter's Website shall be subject to the following conditions:
Reproduction of any of the services contained on the Website is not permitted, either in whole or in part.
No false, inaccurate, or incorrect statements about the pages of the Website and its services will be included.
Under no circumstances will Mutter be responsible for the contents, 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 main 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 illegal activity or content of the page or site in which it is included.

6. -General

The use of the Website is governed and interpreted in accordance with Spanish law, any conflict or dispute that arises 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 are declared null and void, in whole or in part, it shall be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the remaining provisions contained in this Legal Notice.