Legal Warning

Legal warning and information about the website’s terms of use

In compliance with the duty to inform established in the Article 10 of the Act 34/2002, 11th of July, regarding Services of the Information Society and E-commerce, MOBILE GAMIFICATION SL as title holder of the website www.fonkana.com, clarifies:

  1. Identification data

    – Company name: MOBILE GAMIFICATION SL
    – Registered office: CL/ PILAR DE ZARAGOZA, 106- 4 IZQ 28028 MADRID
    – CIF: B88253901
    – Email address: sabendivar@fonkana.com

    Commercial Registry of Madrid’s inscription data: Volume 34.511, Sheet 1, Section 8º, Page M620.686.

    This information defines and regulates the terms of use, responsibility limitations and the obligations that the users of the Site, published by the domain www.fonkana.com, assume and commit to respect.

  2. Definitions

    – “Site”, domain www.fonkana.com which is at Internet’s users disposal.

    – “User”, natural or legal person that uses the Site.

    – “Content”, the sites that form the totality of the domain www.fonkana.com, which includes the information and services that MOBILE GAMIFICATION SL makes available for the Internet’s Users. These include texts, pictures, photographs, graphics, icons, logos, technology, links, textures, drawings, sound and/or image files, recordings, software, aspect, graphic design and source code, and, overall, any kind of material included in the Site. These sites designed and published by an Internet-domain name are the result of the information that the title holder makes available for Internet’s Users.

    – “Web”, technical word that describes the system to access the information via Internet and that is configured by the sites created using HTML language, or similar ones, or programming mechanisms such as Java, JavaScript, PHP, or other.

    – “Hyperlink”, technique that allows the User to visit different sites of the Web, or the Internet, by just clicking a text, icon, button or indicator that contains a link.

    – “Cookies”, technical means used for traceability and tracking of Web navigation. They are small text files that get installed in the User’s computer. This tool affects the User’s privacy, therefore, MOBILE GAMIFICATION SL will notify the User appropriately of their use through the Site.

  3. Users / Terms of use

    The access and/or use of the website www.fonkana.com confers the condition of USER, that accepts, with said access and/or use, the terms of use, without excluding any of the clauses and general conditions included in the Legal Warning.

    If the User does not agree with the clauses and terms of use of this Legal Warning, they will not continue using the Site.

  4. Use of the website

    www.fonkana.com provides access to articles, information and data (from now on “THE CONTENTS”) property of MOBILE GAMIFICATION SL. The USER assumes responsibility of the use of the Web.

    Some sites of the Web (www.fonkana.com) allow participation through comments. Being that the case, any user may send texts using the forms set for this purpose. By sending these texts, clicking the pertinent link, the USER accepts and commits to make a proper use of the contents that www.fonkana.com makes available through its web, and to not use them for:

    (i) Committing illicit or illegal activities nor activities that go against good faith and public order.

    (ii) Spreading contents or advertising that are racist, xenophobic or pornographic-illegal, that glorify terrorism or that attempt against human rights.

    (iii) Harming the physical and logical systems of www.fonkana.com, its suppliers or of third parties, introduce or spread in the web computer viruses nor any other physical or logical systems that may produce the previously mentioned damages.

    (iv) Trying to access and, in that case, using the email accounts of other users and modify or manipulate their messages.

    (v) In conclusion, respect the current applicable regulation, the moral and the good habits generally accepted, the public order and this general conditions of access and use.

    To that effect, THE USER commits to NOT use any of the Contents for illicit purposes or for purposes prohibited by the Legal Warning or by the current regulation, for purposes that may harm third parties’ rights or for purposes that in any way may harm, overload, deteriorate, prevent the normal use or render useless the Contents, computing equipments, documents, files and every kind of contents stored in any computing equipment owned or hired by MOBILE GAMIFICATION SL, other Users or any Internet user (hardware and software).

    THE USER commits to not share, spread or make available for third parties any kind of material included in the Site, such as information, texts, data, contents, messages, graphics, drawings, sound and/or image files, photographies, software, links, graphic design and source codes, or any other material for which the may have access due to their condition as Users of the Site, this list being non-exclusive.

    Additionally, in accordance with all that, THE USER may not:

    – Reproduce, copy, distribute, make available or in any other way publicly announce, transform or modify the Contents, unless there exists a written and explicit authorisation from MOBILE GAMIFICATION SL, which is the title holder of the pertinent rights, or unless it is legally permitted.

    – Delete, manipulate or in any way alter the «copyright» and other identifying data of the reserved rights of MOBILE GAMIFICATION SL or its title holders, of the digital fingerprints and/or identifiers, or of any other technical means established for their identification.

    – The User must abstain from getting or even trying to get the Contents by using means or procedures different, depending on the case, from the ones that are set for this purpose or from the ones that are shown in the website where the Contents can be found, or, overall, different from the ones that are used commonly on the Internet for this purpose and that do not lead to any risk, harm or disablement of the Site and/or the Contents.

    Likewise, THE USER recognizes:

    – That MOBILE GAMIFICATION SL will not be account in any way for the opinions shared by the users, that do it under their sole and exclusive responsibility.

    – That the user comments do not represent the opinions of MOBILE GAMIFICATION SL, its associates or its employees.

    – That MOBILE GAMIFICATION SL does not grant, in any case, the upload of contents sent by users. In that matter, every comment will be automatically reviewed by an anti-spam filter and moderated by an administrator of the Site, that will act according to the democratic liberties of expression and information.

    Additionally, MOBILE GAMIFICATION SL reserves the right to remove every comment and content that does not respect the right to dignity, that is discriminatory, xenophobic, racist or pornographic, that goes against youth or childhood, order or public security or that, in their opinion, is not adequate for the post.

    In any case, www.fonkana.com will not be responsible for the opinions shared by the users via the blog or other participation tools that may be created, according to the applicable regulation.

  5. Privacy policy. Data protection

    MOBILE GAMIFICATION SL knows how important data protection is, just like USER privacy, and, therefore, has implemented a data management policy oriented to provide the maximum security for the use and compilation of the data, granting the compliance with the current regulation and shaping that policy into one of the entity’s basic courses of action. Therefore, MOBILE GAMIFICATION SL insists in the compulsory reading of its “Privacy Policy”

  6. Hyperlinks

    As a service for our visitors, our website may include hyperlinks that lead to other sites that are not managed or controlled by MOBILE GAMIFICATION SL. Therefore, MOBILE GAMIFICATION SL does not grant, nor takes responsibility of, the lawfulness, reliability, usefulness, veracity or the novelty of the contents from said websites or its privacy policies. Please, before providing any personal data to these websites external to www.fonkana.com, keep in mind that their privacy policies might differ from ours.

    Additionally, those people interested in establishing hyperlinks that connect our Site (www.fonkana.com) and theirs must keep an eye on and comply with the following conditions:

    ● No authorization will be required when the Hyperlink allows to access just the main page, but it will not be allowed to replicate it. Any other form of Hyperlink requires an express and unequivocal written authorization from MOBILE GAMIFICATION SL.

    ● They will not create “frames” with the Sites nor about the Sites of MOBILE GAMIFICATION SL.

    ● There will be no false, inexact or offensive accusations or advices about MOBILE GAMIFICATION SL, its directives, its employees or associates, people related to the Site for any reason, Users of the Site or the posted Contents.

    ● It will not be stated nor insinuated that MOBILE GAMIFICATION SL has authorised the Hyperlink nor supervised or assumed in any way the posted Contents of the site that creates the Hyperlink.

    ● The Site in which appears the Hyperlink must contain just the strictly necessary to identify the Hyperlink’s target.

    ● The Site in which the Hyperlink is established must not contain data or contents that are illicit, contrary to the moral, the good habits generally accepted and to the public order, nor share contents opposed to any third parties’ rights.

  7. Legal Warning modification

    In order to improve the site’s performance, MOBILE GAMIFICATION reserves the right to make, in any moment and without prior notice, modifications and updates to the information shared in the Web, the design and configuration of this legal warning and any other special conditions. Therefore, THE USER must read the Legal Warning each and every time they access the Site.

  8. Intellectual / Industrial Property

    MOBILE GAMIFICATION SL is the title holder of every right related to intellectual and industrial property of its website, just as the elements included in said website (such as images, sounds effects, audio, video, software or texts, brands or logos, colour combinations, design and structure, choice of materials, computer programs necessary for it to work, access and use, etc.). Ownership of MOBILE GAMIFICATION SL or its licensors, being all rights reserved.

    Any use that has not been previously authorised by MOBILE GAMIFICATION SL will be considered a serious breach of the intellectual and industrial property rights of the author.

    THE USER complies to respect the Intellectual and Industrial Property rights ownership of MOBILE GAMIFICATION SL. They may check the elements of the web and even print, copy and store them in their computer’s hard disk or any other physical device as long as it is for their own and private use. THE USER must abstain from deleting, altering, avoiding or manipulating any protection device or security system that may be installed in the sites of MOBILE GAMIFICATION SL.

    Every brand, commercial name or distinctive sign of any kind that appears in the Site is property of MOBILE GAMIFICATION SL or, if applicable, of third parties that have authorised their use, and it may not be construed that the use or access to the Portal and/or to the Contents grants the User any rights over said brands, commercial names and/or distinctive signs. It also may not be construed that the User receives any of the exploitation rights that exist or may exist over said Contents.

    Likewise, the Contents are intellectual property of MOBILE GAMIFICATION SL, or third parties if applicable, therefore, the Intellectual Property rights ownership of MOBILE GAMIFICATION SL or third parties that have authorised their use are the ones who own exclusively the exploitation rights of said Contents in any way and, specially, the right to reproduce, distribute, publicly announce and transform them. It is specifically forbidden to reproduce, distribute and publicly announce -even the making-available modality-, all or part of the contents of this website, with commercial purposes, in any device and by any technical means, without the authorisation of MOBILE GAMIFICATION SL.

    The unauthorised use of this Web’s information, as well as the breach of the Intellectual or Industrial Rights of MOBILE GAMIFICATION SL or of third parties included in the Site that have shared contents, will lead to the application of responsibilities established by the law.

  9. Cookies

    The cookies are technical means used for traceability and tracking of Web navigation. They are small text files that get installed in the User’s computer. This tool affects the User’s privacy, therefore, MOBILE GAMIFICATION SL announces that it may use cookies with the purpose of creating statistics of the use of the website and to identify the User’s computer in order to recognize them in future visits. In any case, Users may configure their browsers to not allow the use of cookies when they visit they website.

    MOBILE GAMIFICATION SL knows how important is data protection and THE USER’s privacy, therefore, it insists in the reading of the “Cookie Policy”.

  10. Website availability

    MOBILE GAMIFICATION SL does not grant the absence of interruptions or errors related to the access to the Site or its Contents, nor that they are updated, although it will try its best to, in each case avoid, correct or update them. Therefore, MOBILE GAMIFICATION SL does not take responsibility for the damages of any kind suffered by THE USER caused by errors or disconnections of the telecommunication networks that produce the discontinuation, cancellation or interruption of the Portal services during said services or prior to them.

    MOBILE GAMIFICATION SL excludes, apart from the exceptions considered by the current normative, any responsibility over the damages of every kind that may be caused by the lack of availability, the continuity or quality of the Site or the Contents’ performance, or by the not compliance with the usefulness expectations that users may have had in the Site and in the Contents.

    The purpose of the Hyperlinks that appear in this Web is exclusively to inform the users about the existence of other Webs that contain information about the same topic. Said Hyperlinks are not suggestions nor advices.

    MOBILE GAMIFICATION SL does not take responsibility of the security errors that may happen, nor the damages caused to the user’s computer system (hardware and software), or the files and documents stored in said system, as a result of:
    – The existence of a virus in the user’s computer used for the access to the services and contents of the Web,
    – A malfunctioning of the browser or the use of non-updated versions of it.

    MOBILE GAMIFICATION SL does not take responsibility of the contents posted in said hyperlinked sites, of the functioning or usefulness of the Hyperlinks nor the result of said links, nor grants the absence of viruses or other elements that may alter the user’s computer system (hardware and software), files or documents, excluding any responsibility related to the damages of any kind that the user may suffer for this reason.

    The access to the Site does not compel MOBILE GAMIFICATION SL to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in every case, of having the necessary tools to detect and erase harmful computer programs, therefore, MOBILE GAMIFICATION SL does not take responsibility of the security errors that may happen while the Site’s services are being provided, nor the damages that may be caused to the user’s computer system (hardware and software), files and documents stored in said system, as a result of the existence of a virus in the user’s computer used for the access to the services and contents of the Web, a malfunctioning of the browser or the use of non-updated versions of it.

  11. Quality of the site

    Due to the dynamic and ever-changing information and services provided via the Site, MOBILE GAMIFICATION SL tries its best, but does not grant the lawfulness, reliability, accuracy, usefulness, veracity or the novelty of the Contents.

    The information contained in the sites that form the Portal are just informative, consultative, informational and for advertising. In no case, it offers nor has binding or contractual character.

    MOBILE GAMIFICATION SL does not take responsibility for the decisions that THE USER may make based on this information, nor the possible typos that may exist in the documents or graphics of the Site. The information may experience unannounced regular changes in its contents due to the expansion, improvement, correction or the update of said Contents.

  12. Content availability

    The services provided by the Site and by the Contents has, normally, indefinite duration. However, MOBILE GAMIFICATION SL is authorised to end or cancel the service provided by the Site and/or any of its Contents in any moment. When it is reasonably possible, MOBILE GAMIFICATION SL will announce previously the end or cancellation of the Site.

  13. Jurisdiction

    For any issues that may be originated from the interpretation, application or compliance of this Legal Warning, just like the complaints that may derive from its use, the interested parts will be subject to the Judges and Tribunals of Madrid, expressly renouncing to any other regional code of laws that they may be subject to.

  14. Applicable legislation

    These conditions are governed by the Spanish regulation.

    All copyrights reserved by the laws and international treaties about Intellectual Property. It is specifically forbidden to copy, reproduce or spread, all or part of it, by any means.