Effective Date: July 1, 2024Last update date: August 2, 2024
The present legal notice and general conditions of use (hereinafter, the "Legal Notice") regulate the use of the website www.unusuall.com, all subdomains and directories included therein, the “Cats or Dogs?” game, other games and applications available for these purposes and other services (hereinafter, collectively referred to as the "Software").
1. Identification of the Software Owner
In accordance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce and the applicable regulations on electronic commerce that develop or complement it, we inform you that this Software is owned by UNUSUALL VENTURES, S.L. (hereinafter, the "Company"), with its registered office at Calle Fornells, 9, C.P.: 28290, Las Rozas de Madrid, Madrid, with Tax Identification Number B-01589100, and whose contact email is privacy@unusuall.com.
2. User and Conditions of Use
This Software is governed by Spanish regulations, to which all individuals or entities accessing the Software (hereinafter, the "User"), whether national or foreign, expressly submit.
The information contained on the Software refers to the services offered by the Company in accordance with the regulations governing in Spain. This information is indicative and merely informative, and in no way constitutes any obligation for the Users.
Access to the Software by any User is free and conditioned upon prior reading and acceptance, in full, expressly and without reservations, of the Legal Notice and the Privacy Policy that apply at the time of access to the Software.
All Users commit to reading both the Legal Notice and the Privacy Policy carefully. By using the Software or its contents or services, Users expressly accept and submit to the provisions of the Legal Notice and the Privacy Policy and declare and guarantee that they will make proper use of the Software in accordance with the law, good faith, public order, traffic uses, and this Legal Notice. The User will be liable to the Company or to third parties for any damages that may be caused as a result of non-compliance with this obligation. If the User does not agree with the Legal Notice or the Privacy Policy, they must immediately refrain from using or in any way operating on this Software.
Users accept that the presentation and configuration of this Software, as well as its services and contents, may be modified or even removed, unilaterally and without prior notice, with the Company not being responsible for the accuracy, insufficiency, or authenticity of the information provided.
3. Intellectual and Industrial Property
All intellectual and industrial property rights over the designs, texts, images, source code, and, in general, all content of the Software - including, for illustrative purposes, photographs, logos, designs, trademarks, trade names, databases, layout, graphics, colors, tools, software, etc. - are protected by applicable legislation on intellectual and industrial property and are the exclusive property of the Company, or where applicable, third parties from whom the Company has obtained the corresponding exploitation license.
Therefore, any use, reproduction, transmission, transformation, modification, distribution, public communication, provision, extraction, reutilization, exploitation, or any other use by the User is strictly prohibited, except where legally permitted or expressly authorized in writing by the Company, or as provided in this Legal Notice.
Notwithstanding the above, the Company grants Users a non-exclusive, non-sublicensable, non-transferable license to use the Software and its functionalities, content, and other available features, subject to the remainder of the Software’s Legal Notice and applicable regulations.
The User may only make private and non-commercial use of the contents, texts, and images included on the Software, without profit, and must obtain express authorization from the Company and/or the corresponding rights holder to modify, reproduce, exploit, distribute, or exercise any right belonging to its holder.
The User acknowledges and accepts that the use of the Software does not imply the transfer of any intellectual or industrial property rights from the Company to the User, nor does it constitute any authorization for the creation of derivative developments from the Software, except for the limited, non-exclusive, non-transferable, and free license granted to Users of the Software in accordance with this Legal Notice.
The legitimacy of the intellectual or industrial property rights corresponding to the content contributed, where applicable, by third parties to the Software is the sole responsibility of those third parties.
4. Conditions of Access to the Software
Access to the Software is free and unrestricted. The User guarantees the authenticity and currency of all data communicated to the Company and will be solely responsible for any false or inaccurate statements made.
All Users must access the Software in good faith, in compliance with applicable law, public order, the Legal Notice, and the Privacy Policy. Specifically, the User agrees not to use the content and services of the Company and the Software to, among other things:
(a) Disseminate content that is illegal, violent, pornographic, racist, xenophobic, offensive, promotes terrorism, or is generally contrary to current legislation, morality, good customs, or public order.
(b) Transmit or introduce computer viruses or any other harmful components that may damage, limit, or interfere with the Software or any connected network, or interfere with the use by other Users. Also, not to perform actions that could alter, copy, damage, interrupt, modify, decompile, disassemble, reverse engineer, or cause errors or damages to electronic documents, data, or physical and logical systems of the Company or third parties. Nor to license, rent, sell, imitate, or obstruct access of other Users to the Software and its services.
(c) Attempt to access the email accounts of other Users or restricted areas of the Company's or third-party computer systems, and potentially extract information.
(d) Infringe industrial or intellectual property rights (copyrights and related rights, domain names, trademarks, trade names, industrial designs, etc.), violate the confidentiality of the Company's or third parties' information, and violate personal data protection rights.
(e) Impersonate another User, public authorities, or any third party.
(f) Reproduce, transmit, copy, distribute, publicly communicate, make available, extract, reuse, transform, modify, or economically exploit the contents, unless authorized by the corresponding rights holder or legally permitted.
(g) Collect data for advertising purposes and send advertising of any kind or communications for sales or other commercial purposes without prior request or consent.
(h) Use the Software, or any part thereof, on other private or commercial Software, or make commercial use of the Software. Also, not to establish hyperlinks or hyperlinks to the Software or any of its contents (unless expressly authorized in writing by the Company), refraining from making false, inaccurate, or incorrect statements about the Company, or including illicit content contrary to morality, good customs, and public order.
(i) Any other activities contrary to current law, this Legal Notice, morality, good customs, established public order, or for illicit, prohibited, or harmful purposes against the rights and interests of the Company or third parties.
Access to the Software is undertaken under the sole and exclusive responsibility of the User, who will be liable for any damages and losses caused to third parties or the Company.
Users will be responsible for any damages of any kind suffered by the Company as a result of the User's failure to comply with any obligations established in this Legal Notice or the Privacy Policy. Likewise, the User will indemnify the Company against any sanction, claim, or demand that may be filed by a third party, including any public authority, against the Company, its representatives, or employees as a result of the User's violation of any third-party rights or applicable regulations through the use of the Software contrary to the provisions of this Legal Notice.
The Company reserves the right to block or restrict access to certain services of the Software to any User who breaches this Legal Notice, third-party rights, or applicable law.
5. Service and Warranty Exclusions. Liability.
5.1. Exclusions
While the Company makes every reasonable effort to ensure that the information and content available on the Software are up-to-date and that the Software is accessible, it cannot guarantee that such information is always current and error-free, nor can it ensure uninterrupted and fast usage of the Software.
In any case, it should be understood that such information is general and purely informative, and therefore the Company cannot guarantee the completeness, suitability, accuracy, timeliness, validity, or completeness of this information.
In particular, but not limited to, the Company excludes, to the extent permitted by applicable law, any liability for damages of any kind arising from the following:
Furthermore, the Company reserves the right to correct, improve, or modify the Software and the information contained therein, when deemed necessary and without prior notice. The Company also reserves the right to suspend access to the Software for maintenance or improvements, and is not responsible for the accuracy, adequacy, or authenticity of the information provided.
5.2. Guarantee of the Company
The Software is provided "as is," and the Company does not guarantee that the services will be uninterrupted and error-free, nor does it guarantee the results obtained from the use of the service.
The Company provides the service without any warranties of any kind, whether express or implied, including, but not limited to, warranties of title or implied warranties of satisfactory quality, fitness for a particular purpose, or any other kind, except for those implied warranties that cannot be excluded, restricted, or modified under applicable law.
The Software does not generally monitor the use that Users make of the Software. In particular, the Company does not guarantee under any circumstance that Users will use the Software in accordance with the law, this Legal Notice, morality, generally accepted good customs, and public order, nor that they will do so diligently and prudently.
5.3. Linked Sites
This Software may contain links to other websites and incorporate information and/or services obtained from third parties, in order to facilitate User access to information from collaborating entities of the Company. The Company declines any responsibility regarding the information contained in these external links that is outside of this Software and not directly managed by the Company.
The User understands that these other websites are independent of the Software and that the Company does not market, control, or exercise any direction over them. The Company is not responsible for their content, operation, or the transmission received from such third parties, and will not assume any responsibility, even indirectly or subsidiarily, for any loss or damage in connection with the use or reliance on the content, goods, or services available on such site or resource. The Company does not guarantee the absence of viruses or other elements in them that may cause alterations to the computer system (hardware and software).
The sole function of these links is for informational purposes and User convenience. It is the User's responsibility to read and accept the terms of use, privacy policies, and cookie policies published on the linked websites or applications referred to.
5.4. User guarantees
The User guarantees that they use the Software at their own risk. By accessing the Software, the User agrees to use it in accordance with applicable laws and regulations, and to accept this Legal Notice and all its conditions. The User shall be solely responsible to the Company and/or third parties for any damage or harm that may result from failure to fulfill this obligation. In this regard, the Company disclaims any responsibility for any damage or alteration to the User's equipment as a result of using the Software.
The User is solely responsible for ensuring that their computer system meets all relevant and necessary technical specifications to use the Software.
6. Data protection and cookies
The Company is committed to protecting the personal data of its Users and, therefore, will only use them in accordance with the provisions set forth in the Software’s Privacy Policy.
This Software uses cookies to manage navigation and other functions of the Software. Users will find information regarding the use of first-party cookies in the Software’s Cookie Policy.
7. In-App Purchase – Fees and Payment
In the Software users may purchase, with ‘real world’ money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) ‘virtual currency’, including but not limited to virtual cash or diamonds, all for use in Company games; (b) ‘virtual in-game items’ (together with ‘virtual currency’, ‘Virtual Items’); and (c) other goods or services (‘Merchandise’). You are only allowed to purchase Virtual Items from us or our authorized partners through the Software.
Company may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Software. Other than as expressly authorized in the Software, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Company, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY AND VIRTUAL ITEMS MADE THROUGH THE SOFTWARE ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.
The provision of Virtual Items for use in Company games is a service provided by Company that commences immediately upon acceptance by Company of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Company may revise the pricing for the goods and services offered through the Software at any time. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8. Updates to the Legal Notice
The Company reserves the right to modify the Legal Notice at any time, as it deems appropriate and without prior notice, and shall not be responsible for the accuracy, sufficiency, or authenticity of the information provided.
In the event of significant changes to this Legal Notice, the Company will publish the new version on the Software and communicate it to Users through the Software, once they access it again, providing them with the opportunity to review the changes.
Users should refrain from using the Software if they do not agree with the updates made to the Legal Notice.
If any provision or condition of this Legal Notice is or becomes illegal, invalid, or unenforceable for any reason, that provision or condition shall be deemed removed without affecting the applicability of the remaining provisions of this Legal Notice.
9. Applicable law and jurisdiction
This Legal Notice is governed by Spanish law.
Any conflicts that may arise from the application or interpretation of the Software and its Legal Notice or Privacy Policy shall be governed by the laws of Spain. Additionally, the parties expressly submit to the Courts of the city of Madrid, waiving any other jurisdiction that may correspond to them, unless otherwise required by mandatory provisions of current legislation.
If the User acts as a consumer, they may also submit any dispute arising from or related to this Legal Notice to an Alternative Dispute Resolution (ADR) procedure. The list of available ADR platforms from the European Commission can be consulted at the following link: [European Commission's ADR platforms](https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES)