Legal Notice

Legal notice

1. Identification of the owner of the Website

This present General Terms and Conditions regulates the use of the Internet website www.howdazz.com, which is made available to you, the user (the “User”), by Howdazz, SL (“Howdazz”), with registered office in calle Tomás Bretón, 49, escalera 2, 4 A, 28045 Madrid, Spain, with identification code CIF ES-B86288461.  You can contact us to info@howdazz.com or to the phone numbers that appear on this website.

2. General conditions of use of the web

2.1. The access and use of the web page www.howdazz.com and all its subdomains and directories (hereinafter collectively referred to as Web) are subject to the terms set out in this Legal Notice.

2.2. The purpose of the Website is to provide information regarding its corporate activities and the services offered.

2.3. The User hereby acknowledges and accepts that all intellectual property rights pertaining to the Website, its source code, design, browser structure, databases, Content and/or any other elements included in the Website (trademarks, logos, trading names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, look and feel, audio and video) are the property of Howdazz and/or third parties.

2.4. Any entry, use or browsing of this website or its contents will imply acceptance of these conditions of use. Howdazz may modify these terms of use at any time. Howdazz may modify this website and its contents at any time without prior notice and will update it regularly. Howdazz also hereby reserves the right to suspend, interrupt or cease to operate the Website at any time.

2.5. The access to this Web is free, except for the areas of restricted access, and its visualization and use does not require prior subscription, registration or prior contracting. Howdazz may establish additional restrictions and/or conditions for the use of and/or access to the Website and/or its Content, and these must be observed by Users in all cases.  The Content may includes an area to which access is restricted to Users who have previously registered, access to and use of which is subject to the conditions set out in section 3 of this present document.

2.6. The User hereby undertakes to make appropriate and legal use of the Website and its Content in accordance with the legislation in force, these present General Terms and Conditions for the Use of the Website, moral rectitude, generally accepted good practice and public order. Users shall refrain from: (i) making unauthorised or fraudulent use of the Website and/or its Content; (ii) accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access; (iii) using the Website and/or its Content for illicit or illegal purposes, or for purposes that are contrary to the provisions of these General Terms and Conditions, or contrary to good faith and public order, or in ways that may be harmful to the rights and interests of third parties, or in any way that may damage or overload the Website, or render it unusable, or prevent normal use and enjoyment thereof

2.7. Howdazz is not responsible for the opinions expressed by third parties through this Web.

2.8. Users shall refrain from (i) causing damage to the physical or logical systems of Howdazz, its suppliers or third parties; (ii) introducing or spreading computer viruses in the network or any other physical or logical system that is liable to cause damage to the physical or logical systems of Howdazz, its suppliers or third parties; (iii) attempting to access, use and/or manipulate data

2.9. Users shall refrain from (i) reproducing or copying, distributing, permitting public access via any form of public communication, transforming or modifying the Content, unless they have authorisation from the holder of the relevant rights, or unless this is permitted in law; (ii) suppressing, hiding or manipulating the notes relating to intellectual property rights and other information that identifies the rights of Howdazz or third parties that are attached to the Content, or suppressing, hiding or manipulating any technical protection devices or any other information mechanisms that may be inserted in the Content; (iii) obtaining or attempting to obtain Content through the use of means or procedures other than those that have, where applicable, been placed at their disposal to this end, or are expressly indicated on the web pages on which the Content is displayed or, in general, those that are normally used on the Internet in order not to give rise to a risk of damaging the Website and/or its Content or rendering them inoperable.

2.10. Howdazz reserves the right, at any time and without prior warning, to alter and update the information contained in the web site, the configuration and presentation of the site, and the access conditions. Howdazz cannot guarantee that there will be no interruptions or errors in access to the web site or in its content, nor that the latter is up-to-date, although it will strive to prevent and remedy any such interruptions and errors and to update content, if necessary.

2.11. The services offered on the Website are directed towards parties who are resident in Spain. Any individual or organisation that is resident or domiciled in another European Union country or outside the European Union must ensure that access to and use of the Website and/or its contents is permitted under the laws of the country in question. In any case, access to and use of the Website by a User who is in breach of the requirement to be resident in Spain shall be understood to be at the said User’s own exclusive liability, and Howdazz shall be exempt from any liability to the extent that this is permitted under the legislation in force.

3. Restricted area access

In order to access and use the restricted access area, Users must previously have registered as users of Howdazz or the corresponding service provider entity and use the passwords provided for this purpose.

Registered Users shall at all times be responsible for the safekeeping of their password, and shall therefore be liable for any damage that may result from its improper use or from its being forwarded, disclosed or mislaid. To this end, access to restricted areas and/or any use of Content that is made using the password belonging to a Registered User shall be understood to have been effected by the said Registered User, who shall be liable in all cases for this access and use. Registered Users may change their passwords at any time by sending a direct request to Howdazz. In the event that they forget their password, or in any other circumstance involving the risk that the Content may be accessed and/or used by unauthorised third parties, Registered Users must immediately inform Howdazz so that it may block the password in question and replace it.

Howdazz reserves the right to deny or withdraw access to its website and/or services offered without prior notice, on its own accord or at the bidding of a third party, to users who violate these General Terms of Use

4. Links

4.1. In the event that the websites include links or hyperlinks to other Internet sites, Howdazz does not exercise any control over such sites and content. Under no circumstance will Howdazz be in any way liable for the contents of any link to an unrelated website, nor does it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, trustworthiness, validity or constitutionality of any material or information contained in any such links or other Internet sites. The inclusion of these external links does not imply any type of association, fusion or participation with the entities linked.

4.2. Any Users who wish to establish a hyperlink or link between their own website and the Website (the “Link”) must obtain prior authorisation from Howdazz by sending a request by email to info@howdazz.com, and they shall be bound to comply with the following obligations: (i) the Link shall only permit access to the Website and may not reproduce it in any way; (ii) no frame or border environment shall be created around the Website; (iii) no false, inaccurate or incorrect statements or indications shall be made in respect of the Website; (iv) it shall not be stated or given to be understood that Howdazz has supervised or in any way accepted the content or services offered or announced on the website on which the Link is shown; (v) the website on which the Link is shown shall not include any trademark, trading name, establishment signage, business name, logo, slogan or other distinguishing mark belonging to Howdazz and/or any third party, without their authorisation; (vi) the website on which the Link is shown shall not offer information or content that is illegal or contrary to good morals, generally accepted practices or public order, or that contravenes any third party rights. Inclusion of the Link shall not under any circumstances mean the existence of any kind of relationship between Howdazz and the owner and/or operator of the website on which it is shown, nor shall it imply Howdazz’s knowledge, acceptance and/or approval of its content or services. Under no circumstances shall Howdazz be liable for any consequences that may result from the inclusion of Links by third parties, or for the content, information and/or services offered on any websites on which the Link has been included

5. Intellectual and Industrial Property

5.1. The User acknowledges and agrees that all industrial and intellectual property rights on the content and/or any other elements on the website (including but not limited to all the elements that make up the visual look graphic and other sensory stimuli of web pages comprising the website such as its ‘look and feel’, trademarks, logos, trade names, texts, reviews and comments, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigation architecture and web page source codes) belong to Howdazz and/or third parties who have assigned their rights. For this purpose, the website will be understood as all creations included and expressed by any tangible or intangible medium and/or format, known or unknown, which may be protected by the current intellectual property legislation.

5.2. Under no circumstances does access to Howdazz’s Websites imply any authorization, waiver, transfer, license or assignment of all or part of such rights by their owners, unless expressly provided otherwise. These General Terms of Use for the Websites do not in any way give Users any right to use, modify, exploit, reproduce, distribute or publicly broadcast Websites and/or their various content other than expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by Howdazz and/or third-party owners of the rights.

Thus, the use of all the contents of the web is subject to the following conditions:

(i) Users are exclusively authorized to view, print, download or temporarily store—either in whole or in part— the content and/or elements on the website or pages that comprise it solely for their personal, private and non-profit use, provided that in any case their origin and/or author is duly noted and, where appropriate, the copyright symbol and/or industrial property notes of Howdazz or its owners appear.

(ii) The content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Howdazz, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

(iii) The use of these elements is strictly prohibited, as well as their total or partial reproduction, communication and/or distribution for commercial purposes or profit, and their modification, alteration, decompilation and/or any other use of the Websites, their pages and/or the contents they include.

(iv) Howdazz reserves the right to deny or prohibit access to any Internet user who introduces in this website any content which is contrary to legal or moral norms, reserving the right to use any legal measures it may deem fit to prevent this type of conduct. Howdazz will cooperate, if required by judicial order or by the relevant authorities, in the identification of those persons responsible for those contents which break the law;

(v) Howdazz assumes no responsibility for the content of any forum or debate in chatrooms, bulletins, or other types of transmissions, which may be associated to this website;

(vi) Under no circumstances shall access to the Website imply any kind of waiver, transfer, licence or grant of the said rights, whether wholly or in part, unless expressly otherwise established. These present General Terms and Conditions for the Use of the Website do not grant Users any right to use, alter, exploit, reproduce, distribute or publicly broadcast the Website and/or its Content other than the rights that are expressly set out for each piece of Content or, in the absence of any such mention, in these General Terms and Conditions. The use or exploitation of any rights in any other way shall be subject to prior express authorisation, specifically granted to this end by Howdazz or by the third party that owns the rights affected.

5.3. Howdazz owns the industrial property rights relating to its products and services, and specifically those relating to the Howdazz registered trademark. With regard to third party products and services mentioned on the web site, Howdazz acknowledges the claim of the owners to the corresponding industrial and intellectual property rights, their mere mention or inclusion in the web site according Howdazz no rights or responsibility whatsoever in respect of the said products and services, nor implying any endorsement, sponsorship, or recommendation on the part of Howdazz.

5.4. Unauthorised use of the information included on this web site, its sale to third parties, and any breach of Howdazz’s Intellectual or Industrial Property rights shall give rise to the legally established responsibilities

5.5. Howdazz is the owner of the rights of reproduction, dissemination, distribution, broadcasting and total or partial modification of the contents of its website. In particular and purely for the record, the following rights are reserved: brands, names, logos, trademarks, text, image, audio, video and all other contents of this website, including its design, font code and programming.

5.6. Howdazz and all names including Howdazz are registered trademarks and may not be reproduced, imitated, used or included anywhere without our permission.

6. Limitation of Liability

6.1. Howdazz is not liable under any circumstances for damages of any kind which may be caused by, but not limited to, the following: errors or omissions in the content, non-availability of Websites or transmission of malicious or harmful viruses or programs in the content, despite having taken all the necessary technological precautions to prevent it.

6.2. The user assumes all liability for the use of our Websites, accepting sole responsibility for any direct or indirect effect on the Websites, including, but not limited to, all adverse economic, technical and/or legal results, and hampering the expectations generated by our sites. The user therefore commits to not hold Howdazz liable for any claims arising directly or indirectly from such actions.

6.3. It is not guaranteed the absence of viruses or other elements introduced by third parties on the Website that may alter the physical or logical systems of Users or the electronic documents or files stored in their systems. As a consequence, it shall not be liable under any circumstances for damage of any kind that may result from the presence of viruses or other elements that could cause alterations to Users’ physical or logical systems or their electronic documents or files.

6.4. Howdazz shall not guarantee the availability and continuity of the Website’s operation or the operation of any other website with which it may have established a link. Furthermore, Howdazz shall not be liable under any circumstances for any damage that may result from (i) the inability to use or gain access to the Website or any other websites with which a Link has been established; (ii) any interruption to the Website’s operation or IT failures, telephone breakdowns, disconnections, delays or blockages caused by faults or overloads in the telephone lines, Internet systems or other electronic systems during the course of their operation; (iii) the unsuitability of the Website for Users’ specific needs; and (iv) any other damage that may be caused by third parties due to unauthorised interference that is beyond Howdazz’s control.

6.5. Howdazz does not guarantee that unauthorised third parties will be unable to access the kind of use that Users makes of the Website or the conditions, characteristics and circumstances in which such use is made. As a consequence, it shall not be liable under any circumstances for any damage that may result from such unauthorised access.

7. Cookies

7.1. Access to this website may also imply the use of cookies. Cookies are small amounts of information that are stored on your browser in order for the server to remember certain information that only the server that created the cookie may subsequently read. In general, cookies have a limited duration.

7.2. Cookies of the site www.howdazz.com

Session Cookies: A session cookie, also known as an in-memory cookie, transient cookie or non-persistent cookie, exists only in temporary memory while the user navigates the website. Web browsers normally delete session cookies when the user closes the browser. Unlike other cookies, session cookies do not have an expiration date assigned to them, which is how the browser knows to treat them as session cookies.

Registration Cookies: Registration Cookies are generated once the User has registered or subsequently opened their session and they are used to identify you in the Services with the following objectives:

• Keep the User identified.
• Check if the User is authorized to access certain Services

7.3. Third party cookies

This web page uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”).

Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process this information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

7.4. How to disable cookies

As an additional guarantee to the above, the registration of our cookies may be subject to the acceptance of cookies by the user during the installation or update of the browser used, and this acceptance may be revoked at any time through the configuration options of content and privacy available.

Those users who do not wish to store cookies or who want to be notified when they are added, may configure their browsers accordingly. All modern browsers allow you to change the Cookies settings. These settings are usually found in the ‘options’ or ‘Preferences’ menu of your browser.

The User will find the steps to access the configuration menu of the cookies and, where appropriate, the private browsing in each of the main browsers in following instructions and URLs:

• Internet Explorer: Tools -> Internet Options -> Privacy -> Configuration. For more information, you can consult Microsoft support or browser Help.
• Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, you can check Mozilla support or browser Help.
• Chrome: Settings -> Show advanced options -> Privacy -> Content settings. For more information, you can check Google support or browser Help.
• Safari: Preferences -> Security. For more information, you can check Apple support or browser Help.

If you use another browser, you can get more information about how to setup cookies through the help or assistance of your browser.

These procedures are subject to updating or modification by the developers of browsers, so we cannot guarantee they adhere fully to the latest version available at every moment.

8. Personal data protection

Unless otherwise indicated, the person responsible for the processing of personal data that is collected through the web or linked to it will be Howdazz.

The processing of personal data collected through the website or linked to this website respect the requirements of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46 / EC (General Data Protection Regulations, RGPD) and current regulations on the protection of personal data. If you believe that there could be an abuse, you can communicate it at lopd@howdazz.com.

Howdazz will treat the personal data collected through this website complying with the current regulations on data protection. So:

-The inclusion of data in forms is absolutely voluntary and is duly announced, showing the relevant informative clauses; The legitimacy of the processing of your data is the consent you provide by sending the registration form, contact, consultation.

-The data will only be used for the purpose for which they were collected;

-All people who provide data through the web and, in general, any interested party, have the rights recognized by the RGPD to access, rectify and delete the data, request the portability of the same, oppose the treatment and request the limitation of this one

You can exercise your rights by email sent to lopd@howdazz.com.

Specific information about the treatment of the data:

8.1. What are your rights?

Anyone has the right to obtain confirmation on whether or not Howdazz treats personal data concerning him or her. Interested persons have the right to access their personal data and obtain a copy of the personal data subject to processing, to update them, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons , the data is no longer necessary for the purposes for which it was collected.

In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. Howdazz will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.

Also under certain circumstances, provided in Article 18 RGPD, interested parties may request the limitation of the processing of their data, in which case Howdazz will treat them, with the exception of their conservation, with the consent of the interested party or for the formulation, exercise or the defense of claims, or with a view to the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a certain Member State.

If applicable, as a consequence of the application of the right to suppress or oppose the processing of personal data in the online environment, the interested parties have the right to be forgotten according to the jurisprudence of the Court of Justice of the EU.

By virtue of the right to portability, the interested parties have the right to obtain the personal data that concern them in a structured format of common use and mechanical reading and to transmit them to another person in charge.

The interested party has the right to the deletion of their data, the disappearance of the purpose that led to the treatment or collection, revocation of consent when it is the one that legitimizes the treatment, or for the rest of the reasons contained in article 17 RGPD. The deletion will be made, in any case, in accordance with the provisions of Law 4/1993, of April 21, on Archives and Documentary Heritage of the Community of Madrid.

9. Applicable law and jurisdiction

The provision of the Website and these present General Terms and Conditions for the Use of the Website are governed by Spanish law. To the extent permitted in law, the parties hereby agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, and they expressly waive any other jurisdictional right to which they may be entitled.