Terms and Conditions
of Service

These general conditions of use and legal information (hereinafter, General Conditions) apply to the website of WAFLGBT 1111, S.L. (hereinafter, WAFLGBT), whose domain is www.fainbow.com and the corresponding mobile application, as well as all other services or mobile or web applications that are owned, controlled or part of the WAFLGBT offer. , either currently or later, related or linked sites from www.fainbow.com by WAFLGBT, as well as its affiliates and associates, including the WAFLGBT websites worldwide (hereinafter and collectively, the “site”). The site is owned by WAFLGBT.

Users who access, download, use, buy or subscribe to the services of WAFLGBT (collectively or individually, “you”, “your”, “your”, “user”, “users”, such terms are present) tacitly or expressly), must do so in accordance with the following Terms and Conditions of service, as well as under the Privacy Policy. If you do not agree, we ask you to refrain from using it.

Through these General Conditions, WAFLGBT makes available to users (hereinafter, Users or Users) the website and the mobile application FAINBOW (hereinafter used indistinctly WAFLGBT or FAINBOW).

In compliance with the provisions of the regulatory regulations, the following identifying data of the owner of the site are exposed:

Name: WAFLGBT 1111, S.L.

Registered office: C / Adolfo Darhán, 4 Bajo Derecha, 14520 Fernán Núñez (Córdoba).

Registration data in the Mercantile Registry: Registered in the Mercantile Registry of Córdoba, Seat 1535 of the Diario 121 and caused the 1st inscription of the Sheet CO-40054 to Folio 71 of Volume 2675 of the file of the General Section of Companies.

Tax Identification Number (NIF): B56111016

Email: hi@fainbow.com

1. OBJECT

WAFLGBT is a technological company, whose main activity is the development and management of a technological platform through which through a mobile application or web (hereinafter, the APP) allows users (families, couples and singles of the collective LGTB + or any other orientation considered diverse or friendly) meet and contact like-minded people whose ultimate goal is The Family, through a geo-location service, in order to socialize, help, become more visible, organize events, find the ideal person to achieve their dream of having a family, or any other activity or relationship that helps to enrich their lives. The communication is made through a chat. The user has the possibility to search other users for a series of characteristics defined in the Filters option available in the App. It is a Freemium App, which allows the free download of this in the different platforms and offers limited access to a series of user profiles. If the user wishes to have access to more profiles, he must subscribe to a Premium service with a monthly, semi-annual or annual payment.

Fainbow is only an intermediary that connects users according to the individual “affinity” criteria that each person considers, therefore it dissociates itself from any type of relationship that may be established between the users of the application. Neither is responsible for the information, images or videos exchanged between users, as well as the data included in the description of each profile (described in detail in later sections).

Throughout these General Terms of Use we will refer to Users as the people who access the App after acceptance of these conditions.

It is possible that in successive updates it is possible to create Premium profiles for users with certain characteristics, such as LGBT + associations or non-profit organizations around the world. These accounts will need previous verification of Fainbow to be activated.

All profiles of companies and businesses that intend to sell any type of products / services to the “users” are forbidden. Being subject to the consequent legal measures taken by Fainbow.

2. TERMS OF USE

Access to the Platform, and the voluntary creation of a profile by the User, implies the knowledge and express and unambiguous acceptance of these General Conditions and the Privacy Policy and the Cookies Policy by all Users.

 

3. SECURITY AND AGE RESTRICTIONS

A) Prohibition of use by minors. Persons under eighteen (18) years of age (or under twenty-one [21] years of age in places where the age of eighteen [18] years does not constitute the age of majority) may not see, have or use the services of any other Fainbow, either directly or indirectly.

B) You must be an adult under current legislation by means of this document, you affirm and guarantee that you are currently eighteen (18) years old (or twenty one [21] years old in places where the age of eighteen [18] years does not constitute the age of majority) and that you are capable of to legally celebrate this agreement and to comply with all the obligations established therein.

C) Security WAFLGBT is not responsible for your use of the WAFLGBT services or the actions of other users with whom you may exchange information or contact. WAFLGBT does not conduct criminal background checks on its users. WAFLGBT does not verify the information provided by users in their profile. WAFLGBT is not responsible for the activities or legal consequences of your use in places where you could attempt to criminalize or limit your personal interactions. You must make your own informed decisions about the use of the application where you are and evaluate any possible adverse consequences.

4. WARNING

Important disclaimer about location data. FAINBOW services are intended for individual use as personal services based on location and should not be used or expected to serve as an emergency location system, or while driving a vehicle. Nor should they be used in connection with hazardous environments that require infallible performance or for any other application in which a failure or lack of precision of such application could directly result in a death, personal injury or serious physical or material damage. Fainbow is not suitable or intended for family tracking, fleet tracking or any other type of commercial or business use. Today there are other products that can be used specifically for these purposes.

 

5) INTERNATIONAL USERS

A) Use outside Spain. WAFLGBT controls and offers the services of WAFLGBT from Spain and, regardless of your place of residence, your use of them is governed by the legislation of the State of the Kingdom of Spain. WAFLGBT makes no representation that the WAFLGBT services are appropriate for use elsewhere or are legal in all jurisdictions. Those who access Fainbow services or use them from other locations do so at their own risk and are responsible for complying with local laws. You provide your consent for the transfer and processing of your data in Spain and any other jurisdiction in the world.

B) Special terms. If you are a resident of certain countries, including those that are part of the European Union, you may enjoy additional rights.

C) Spanish language. WAFLGBT may provide translations of this agreement and local language versions of Fainbow services for the convenience and enjoyment of its international users. This agreement was originally written in Spanish and, if the translated version differs from the English version, the text in Spanish will prevail. In addition, WAFLGBT reserves the right to correct translation errors and similar problems caused by the offer of local language versions of this agreement and the Fainbow services.

 

6. REGISTERING YOUR ACCOUNT. USE OF THE ACCOUNT

A) The registration of your account. If you create an account in any of the WAFLGBT services (a “user account”) and send us information, you must ensure that such information is correct. In case the information changes, you must update it immediately.

B) The accounts are personal. At no time may you use someone else’s account. You may not buy, sell, rent or lease access to your user account or user name, unless you have our written permission. You may not share or otherwise transfer your user account or access credentials.

C) Account security. You are fully responsible for maintaining the confidentiality of your password and account. You are fully responsible for each and every one of the activities that you carry out through your account. In addition, you agree to notify WAFLGBT immediately regarding any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, with or without your knowledge. You will be responsible for damages, losses, liabilities, expenses and attorneys’ fees incurred by WAFLGBT or a third party because another person uses your account, regardless of whether that person is authorized.

D) We have no obligation to keep a record of your account. WAFLGBT has no obligation to keep a record of your account or any data or information that you may have stored for your convenience through your account or the services of WAFLGBT. The WAFLGBT services are not intended for data storage. Therefore, you are solely responsible for backing up your data (eg, separately save the contact information of people you know through the Fainbow services).

7. PRIVACY POLICY

Our activities of collection, use and exchange of personal and other information about you are subject to our Privacy Policy. You understand that, by using FAINBOW’s services, you consent to the collection, conservation, use and sharing of this information by virtue of the provisions of our Privacy Policy, including the transfer of your personal information from your country. of residence to Spain or other countries where the privacy laws could be different.

 

8. MODIFICATIONS OF THE SERVICES

We reserve the right, at our discretion, to modify, add or suspend the FAINBOW services or any part thereof, at any time, for any reason and without prior notice or obligation to you. We reserve the right, at any time, to charge fees for access to all or certain parts of the WAFLGBT services, and to modify any of these rates at any time.

 

9. OUR PROPERTY; OUR PROPERTY RIGHTS

The FAINBOW services belong to WAFLGBT, which is the one that provides them. The services of FAINBOW, its contents, visual interfaces, information, graphics, design, compilation, computer code, products, software, services (including applications for mobile devices) and all other elements of the WAFLGBT services (together, the “Materials”) are protected by copyright, brand image and patents; by trademark laws, laws and international conventions, and by all other applicable laws and rights that are relevant to property and intellectual property. All materials contained in the FAINBOW services are the property of WAFLGBT or its subsidiaries or affiliated companies, or third-party licensors. All trademarks, service marks and trade names appearing in the FAINBOW services are the property of WAFLGBT, its affiliated companies or third party licensors. Except as expressly authorized by WAFLGBT under this agreement, you agree that you will not sell, license, distribute, copy, modify, display or publicly display, transmit, publish, edit, adapt, create works derived from, or from some other way, make an unauthorized use of the materials.

 

10. USE GUIDELINES; RULES OF USE; CONDUCT AND PROHIBITED USES

A.The GUIDELINES APPLICABLE TO THE FAINBOW USER PROFILE, which are available at http://www.WAFLGBT.com/community-guidelines/ (the “guidelines”), with their corresponding occasional amendments, have been incorporated into this agreement for your reference. Read these guidelines carefully before submitting any photos, text or links to the FAINBOW services. These guidelines are subject to change at any time, for any reason and without prior notice to you or without our being responsible to you.

B. WE WILL BE ABLE TO ELIMINATE THAT THAT SENDS US AND WE CAN ALSO PROHIBIT YOUR ACCOUNT. FAINBOW may request that you delete, or WAFLGBT itself may remove, any user content (as defined below), at any time and for any reason or even for no reason. Any violation of such guidelines or this agreement because of your user content, as determined by WAFLGBT, may cause us to ban your user account and derive in the termination of your access to the FAINBOW services.

C. YOU UNDERSTAND AND, THEREFORE, ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS WITH RESPECT TO THE PROHIBITED BEHAVIOR AND USES LISTED BELOW:

1. You may NOT use the FAINBOW services or any other information displayed on the FAINBOW services to “harass,” harass, abuse, defame, threaten or defraud other users; violate the privacy or other rights of users, or collect, attempt to collect, store or disclose the location or personal information of other users without permission.

2. DO NOT include offensive or pornographic material or materials that are harmful on your personal profile page of the FAINBOW services.

3. You will NOT use the FAINBOW services for any commercial or non-private use, such as the sale or advertising of products or services, and understand that the FAINBOW services are intended for personal, non-commercial use only, in the manner and for the purposes that we propose.

4. You will NOT use the services of FAINBOW to commit or promote any illegal purpose, or any action that contravenes any local, state, national or international legislation, which includes the laws that govern criminal acts, prohibited or controlled substances, rights property and intellectual property, data protection and privacy, and import or export controls.

5. It will NOT include on its personal profile page any material that contains video, audio, photos or images of any person under eighteen (18) years old, UNLESS IT IS UNDER ITS GUARDIANSHIP OR THAT OF ITS PARTNER. In addition, it will not include on its personal profile page that type of material if it is related to a person over eighteen (18) years of age who has not given his explicit permission, or is UNDER his PROTECTION.

6. DO NOT make offers, advertisements or unsolicited proposals or send unwanted mail to other users of FAINBOW services. This includes advertising, promotional material or other application material, mass emails with commercial advertising, email chains, informational announcements, charitable requests and requests to collect signatures or conduct surveys, or requests to participate in surveys or studies that do not have been requested, UNLESS IT IS A NON-PROFIT ENTITY AND HAS BEEN AUTHORIZED BY WAFLGBT TO ACCESS THE SERVICES OF THE APP.

7. DO NOT impersonate any individual or legal entity or falsely claim to have any kind of relationship with any natural or legal person, or access the user accounts of other FAINBOW users.

8. DO NOT misrepresent the source, identity or content of the information transmitted through the FAINBOW services.

9. You will NOT display the FAINBOW application or the FAINBOW profile data on any external monitor or screen or in any public place.

10. DO NOT remove, evade, disable, damage or otherwise interfere with the functions related to the security of the FAINBOW services, the functions that prevent or restrict the use or the copy of any content accessible through the services of FAINBOW, or the functions that impose limitations regarding the use of FAINBOW services.

11. WILL NOT intentionally cause damage or interference in the operation of the FAINBOW services or the enjoyment of them by any user, in any way, including uploading or otherwise spreading viruses, worms or other malicious codes.

12. WILL NOT publish, store, send, transmit or disseminate any information or material that a reasonable person could consider questionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, shameful, embarrassing, vulgar, hateful, offensive from the racial, ethnic or other point of view for any group or individual, intentionally deceptive, false or, in any other way, inappropriate, regardless of whether said material or its dissemination is illegal.

13. NOT publish, store, send, transmit or disseminate any information or material that infringes any patent, trademark, trade secret, copyright or any other right of any person.

14. You will NOT use the FAINBOW services with any product, system or application installed or that are connected or otherwise in communication with vehicles, or that otherwise have functions of vehicle navigation, positioning, shipping, route guidance in real time, fleet management or similar applications.

15. You may NOT use FAINBOW services in connection with hazardous environments that require fail-safe performance or for any other application in which a failure or inaccuracy of such application or WAFLGBT services could directly result in a case of death, personal injury or physical or material damage.

16. DO NOT attempt to obtain unauthorized access to the FAINBOW services or any part thereof, nor attempt to access without permission other accounts, other computer systems or networks connected to the FAINBOW services or any part of these through technical hacking, illegal obtaining of passwords or any other means, nor will it interfere with or attempt to interfere with the correct functioning of the FAINBOW services or with any activity carried out in the FAINBOW service.

17. DO NOT perform any of these actions: investigate, scan or test the vulnerability of the services or any system or network of WAFLGBT; use any robot, spider, “scraper” (Internet website thief) or other automated means to access FAINBOW’s services for any purpose, unless you have our explicit written permission; evade our robot exclusion headers or other measures that we could use to prevent or restrict access to FAINBOW services; modify the FAINBOW services in any way or form; use or develop any application that interacts with the FAINBOW services or provide access to the content or information of other users without our written authorization, or use modified versions of the FAINBOW services, including the goal of obtaining unauthorized access to the services of FAINBOW.

18. It will NOT interfere with the ability of any person to use or enjoy the services of FAINBOW, nor will it encourage any activity prohibited by this agreement or collaborate with its commission.

 

11. PREMIUM SERVICES; PURCHASES

A) Premium services. Certain services, such as FAINBOW PREMIUM, may only be available through the creation of a user account and the payment of a fee (“premium services”). Through these accounts, you will have access to premium services for a fixed term, which will be renewed automatically. The term, the renewal period and the total cost of each premium service offer will be provided within the framework of the FAINBOW services or where the premium services are offered.

B) THE PREMIUM SERVICES ARE RENEWED AUTOMATICALLY. PREMIUM SERVICES ARE AUTOMATICALLY RENEWED CONTINUOUSLY. YOU ACKNOWLEDGE AND AGREE THAT PREMIUM SERVICES ARE AUTOMATICALLY RENEWED UNLESS YOU CANCEL THEM OR SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT

C) Trial versions of premium services. Access to premium FAINBOW services may be available, from time to time, as a free trial version and available for a limited time (the “trial version” or the “trial versions of premium services”). Note that this agreement also applies to any trial version. If you register for a trial version, you may be asked for your credit or debit card information. In this case, a certain amount will be charged to your credit or debit card only if you do not cancel the trial version before the end of the trial period. If we request your credit or debit card information and you do not cancel it affirmatively before the end of the trial period, the trial version may become a paid subscription, so it may be charged to your card Credit or debit the subscription fee from the moment the first trial version started. Trial versions of premium services are not available for users who have already used this type of service or for those who have previously received a free trial and cancelled it before paying premium services.

D) CANCELLATION POLICY. YOU CAN CANCEL PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. TO MAKE THE CANCELLATION, YOU MUST FOLLOW THE INSTRUCTIONS INDICATED IN THE FAINBOW SERVICES. NO CANCELLATION EXPENSES. THE INSTRUCTIONS FOR CANCELING THE PREMIUM SERVICES CAN BE OBTAINED BY EMAIL IF REQUESTED TO THE ADDRESS HI@FAINBOW.COM

E) Shopping. We reserve the right to correct errors (either by modifying information about FAINBOW’s services or informing you that there is an error and giving you the opportunity to cancel your order) or to update the information at any time without prior notice. We may grant or deny requests for cancellation of individual orders at our sole discretion. All the sales are definitive.

F) Promotion codes. From time to time and in its sole discretion, FAINBOW may offer certain promotional codes to provide discounts. Promotion codes are non-transferable and can’t be exchanged for cash or credit, and do not apply to previous purchases. There is no cash alternative. In addition, promotional codes can’t be used in conjunction with any other promotional offer or discount, and have to be redeemed before the published date, if provided. Promotional codes that have been lost can’t be replaced. There is a limit of one promotion code per customer. The promotion codes will not be valid in cases where they are prohibited. FAINBOW may terminate or modify any promotional program at any time, at our sole discretion.

G) Payments are not refundable. Each and every one of the payments made to FAINBOW are final and, in addition, the charges are not refundable. Cancellations will be effective the following billing period in which the payment must be made. You will not receive a refund for any payment amount, even if the payment was made for several billing periods.

H) Taxes Unless otherwise specified at the time of purchase, all payments made to FAINBOW do not include any taxes, liens or duties imposed by the tax authorities, and you are responsible for paying such taxes, levies or fees.

 

12. YOUR USE

A) You acknowledge that you will only be able to access some of the FAINBOW services if you download the FAINBOW software on a mobile device. You will not have the opportunity to view your user content (including chat) if you do not download the FAINBOW software and register to obtain an account.

B) FAINBOW RESERVES THE RIGHT (BUT HAS NO OBLIGATION) OF CONTROLLING THE USE OF ANY USER OF THE FAINBOW SERVICES, WHICH COVERS THE ACTIONS OF REGISTRATION OR MESSAGING OF A USER, AS WELL AS THE USE OF A USER OF THE INFORMATION ABOUT THE LOCATION AND PROFILES OF OTHER USERS AND ACCESS TO THEM. ACCORDINGLY, FAINBOW ALSO RESERVES THE RIGHT TO (A) DISABLE THE USE OF THE FAINBOW SERVICES OR ACCESS THEM BY ANY USER, THIS INCLUDES INFORMATION ABOUT THE LOCATION OR PROFILES OF OTHER USERS, OR (B) CANCEL THE ACCOUNT OF ANY USER, FOR ANY REASON AND WITHOUT PRIOR NOTICE OR WITHOUT HAVING AN OBLIGATION TO YOU.

C) You are solely responsible for the way you are involved with other users. In addition, you agree that FAINBOW will not be responsible for any loss or damage incurred as a result of such interactions. FAINBOW reserves the right (but has no obligation) to monitor any differences that may arise between you and other users.

D) FAINBOW does not control the content of user accounts and profiles. FAINBOW has the right (but has no obligation) to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the FAINBOW services.

 

13. OUR DENIAL OR SUSPENSION OF YOUR SERVICE

A) You can cancel your account at any time for any reason, by following the instructions of the FAINBOW services. Once you cancel your account, this agreement will terminate immediately, except as provided in section 25.4 below.

B) If you have a regular billing user account for a premium service, you can cancel your user account at any time. In any case, you will still have the same access corresponding to any period or billing periods for which you have paid. If we believe that the content of your profile or your conduct in connection with the services of FAINBOW violate our Terms of Service, we may terminate your access and user account immediately, without providing you with any refund.

C) FAINBOW RESERVES THE RIGHT TO DENY OR SUSPEND ACCESS TO ANY USER, FOR ANY REASON OR WITHOUT ANY REASON, AND WITHOUT PRIOR NOTICE.

D) FAINBOW may cancel any user account that you may have with FAINBOW services or your use of FAINBOW’s services, as well as any part thereof, if FAINBOW considers that you have violated this agreement or for any other reason, to your entire discretion. FAINBOW may also remove and discard all or any part of your user account, or any user content (as defined below), at any time. You agree that any cancellation of your access to the services of FAINBOW, any user account you have or any part thereof may be made without prior notice and also accepts that FAINBOW will not be liable to you or any third party for such cancellation. For example, we may disable your user account due to a prolonged period of inactivity. Without prejudice to our other rights, we reserve the right to remove all your user content from FAINBOW services from any termination or cancellation of your user account. Any alleged fraudulent, abusive or illegal activity that may be grounds for the termination of your use of the FAINBOW services may be sent to the appropriate public order authorities. These resources are added to any other resource that may correspond to FAINBOW in law or equity.

E) If you believe that FAINBOW has suspended or terminated your user account in error, you may contact us at hi@fainbow.com at any time.

 

14. CONTENT OF THE USER

A) The FAINBOW services allow you to send content and materials (such as images, ideas, notes, concepts or creative suggestions) by you and other users to FAINBOW and other users (“user content”), as well as to host, share or publish such user content with FAINBOW and other users.

B) You are solely responsible for your own user content and the consequences of publishing it. In relation to the content of the user, you affirm, declare and guarantee that: (i) you are the owner of the necessary rights, consents and permits of use, or have the licenses, and authorize FAINBOW to use all the intellectual property and any another ownership right over all user content to allow user content to be included and used in the manner provided by the FAINBOW services and this agreement, and (ii) you have the consent, release or the written permission of each of the individuals that can be individually identified in the user’s content to use the name or image of each of those persons and allow the user’s content to be included and used in the manner in which it is contemplated by the services of FAINBOW and this agreement. For greater clarity, you will fully retain your ownership rights over your user content.

C) You understand that by using the FAINBOW services, you will be exposed to user content from a variety of sources, and that FAINBOW will not be responsible for the accuracy, usefulness, security or intellectual property rights of that content of the user or related to this. In addition, you understand and acknowledge that you may be exposed to user content that is inaccurate, offensive, indecent or questionable.

D) FAINBOW assumes no responsibility in relation to the content of the user or arising from such content. In addition, FAINBOW assumes no responsibility for actively monitoring the user’s content in order to detect inappropriate content. If, at any time, FAINBOW chooses, in its sole discretion, to supervise the user’s content, in any case FAINBOW assumes no responsibility for what the user’s content includes. FAINBOW will also have no obligation to modify or delete any user content that is inappropriate and will not assume any responsibility for the conduct of the user who has sent such content. In addition, FAINBOW does not endorse and has no control over what the user content that other users have submitted. FAINBOW does not provide any guarantee, either explicit or implicit, as to what the user’s content includes or in relation to the accuracy and reliability of any user content. However, FAINBOW reserves the right to prevent you from submitting user content and to modify, limit or delete user content for any reason at any time.

E) The user’s content is the property of the user who sent it, subject to the FAINBOW license with respect to such user content under this agreement. You may not share, display or replicate the user’s content from any other party, except as provided in this agreement.

F) You grant to FAINBOW and further declare and warrant that you have the right to grant FAINBOW an irrevocable, non-exclusive, royalty-free, fully paid worldwide license to reproduce, distribute, display and publicly perform, prepare derivative works of , incorporate into other works and, otherwise, use and exploit your user content (through unlimited levels of sublicenses), solely for the purpose of including your user content in the FAINBOW services and in any other manner in which allow this agreement. You agree to irrevocably waive (and waive) any claim and affirmation of moral or acknowledgment rights with respect to your user content. You also grant FAINBOW, with respect to a sale of FAINBOW or the assets of FAINBOW, the right to sell or transfer the user’s content to a third party. See our privacy policy for additional information about how we use, collect or share your information, including user content.

G) If you provide FAINBOW with any comments or suggestions regarding the FAINBOW services (“comments”), you hereby assign to FAINBOW all rights to the comments and agree that FAINBOW shall have the right to use such comments and related information in any way that you consider opportune to FAINBOW will treat any comments you give us in a non-confidential way and without considering that it belongs to you. In addition, FAINBOW will have no obligation, under any circumstances, to reward you for any comments you provide. You agree that you will not send to FAINBOW any information or ideas that you consider to be confidential or proprietary, or for which you would expect to be rewarded.

 

15. THIRD PARTY SITES, PRODUCTS AND SERVICES; LINKS

A) FAINBOW services may include links to other websites or services, either through advertising or otherwise (“third-party websites”), solely for the convenience of users. FAINBOW does not endorse linked sites or information, material and products or services that are part of other linked websites, or that may be accessed through other linked sites. In addition, FAINBOW does not offer any guarantee, either explicit or implicit, with respect to the information, material, products and services contained in the linked or accessible sites through them. Access to and use of the linked sites, which includes the information, material, products and services present on the linked sites or that are available through such sites, are at your own risk. We do not control these third-party websites, and this agreement does not apply to companies that do not belong to FAINBOW or over which FAINBOW has no control. This agreement also does not apply to the actions of the people that FAINBOW does not employ or administer. You should always check the terms of use published on third-party websites.

B) The correspondence or commercial relations that you maintain with the advertisers that are in or through the services of FAINBOW, as well as your participation in the promotions of such advertisers, are exclusively between you and the advertisers. You agree that FAINBOW will not be responsible for any loss or damage incurred as a result of any of those relationships or product of the presence of such advertisers in the FAINBOW services.

C) Other non-FAINBOW parties may provide services or sell products through the FAINBOW services. However, we are not responsible for examining or evaluating any of these companies or businesses, nor the content of the products and services they offer, nor do we offer any guarantee in this respect. In this sense, FAINBOW assumes no liability or obligation for the actions, products and content of all these third parties and any other. You should carefully review the privacy statements of third parties, as well as the other terms and conditions of use.

D) By using third-party applications that connect to the FAINBOW services (“third-party applications”), you acknowledge and agree that FAINBOW may transmit user content to third-party websites or third-party applications through the interfaces of protocol of applications developed and maintained by websites or third-party applications. FAINBOW is not responsible for the transmission of user content from the FAINBOW services to third-party websites or applications, or for the use of user content on any of the third-party websites or applications. You are responsible for reviewing the terms set forth in the service and privacy policies of third-party websites or applications. FAINBOW does not endorse and is not responsible for any feature or content or other material present on or available from third party websites or applications. In addition, FAINBOW does not analyze, audit or endorse third-party websites or applications. Accordingly, if you decide to access third-party websites or applications, you do so at your own risk. You also agree that your use of any third party website or application will be in accordance with the status of such sites or applications at the time of their use, without any warranty as to the actions of third party sites or applications; You also agree that this agreement does not apply to your use of third party websites or applications.

E) You acknowledge and agree that FAINBOW may incorporate your user content and location information for user accounts from FAINBOW services along with third party information sources and third party applications in the provision of FAINBOW services.

 

16. ADVERTISING

FAINBOW and its licensors may publicly display advertisements and other information adjacent to their content. You have no right to compensation for such advertisements. The form, manner and scope of such advertising are subject to change without prior notice and without any obligation to you.

 

17. FINAL USER LICENSES

A) Mobile device. To use the FAINBOW software, you must have a mobile device that is compatible with the FAINBOW services. However, FAINBOW does not guarantee that the FAINBOW services are compatible with your mobile device. You are responsible for any mobile fees you may incur for using FAINBOW services, including charges for text messages, mobile roaming and data uploads. If you do not know the applicable rates, contact the provider of mobile services before using the services of FAINBOW.

B) Granting of the license. Subject to your compliance with the terms of this agreement, FAINBOW hereby grants you a non-exclusive, non-transferable and irrevocable license for the following: (i) use a compiled copy of the FAINBOW software code for the account you have in a mobile device that is exclusively owned or leased solely by you, for the purpose of making personal use of a non-commercial nature; (ii) use the FAINBOW services (other than the FAINBOW software) for your non-commercial personal use.

C) Restrictions. You may NOT take any of these actions: (i) modify, disassemble, decompile or reverse engineer the services of FAINBOW, except to the extent that such restriction is explicitly prohibited by law; (ii) rent, lease, lend, resell, sublicense, distribute or otherwise transfer the FAINBOW services to a third party, or use the FAINBOW services to provide timeshare or other similar services to a third party; (iii) make any copy of the FAINBOW services; (iv) remove, circumvent, disable, damage or, in any other way, interfere with the functions related to the security of the FAINBOW services; functions that impede or restrict the use or copying of any content accessible through the FAINBOW services, or functions that impose limitations with respect to the use of the FAINBOW services; (v) remove notices of copyright and other proprietary rights about the FAINBOW services.

D) Updates. You acknowledge that FAINBOW may periodically issue updated versions of the FAINBOW services and that, in addition, you may automatically and electronically update the version of the FAINBOW services that you use on your mobile device or another. You consent to such automatic updating on your mobile device and agree that the terms and conditions of this agreement will apply to all corresponding updates. You also agree that FAINBOW will not be responsible to you with respect to such modifications.

E) Open source With respect to any open source or third party code that may be incorporated into the FAINBOW services, such open source will be subject to the applicable Third Party Open Source License Agreement (EULA) or open source agreement, as applicable, and that authorize the use of said code. Nothing in this agreement limits your rights in accordance with the terms and conditions of any applicable end user license for such open source software, nor does it grant you rights in substitution of such terms. If you wish to receive more information, contact us at hi@fainbow.com (with the subject “Open Code”).

F) Reserved rights. The previous license granted under this agreement is not a sale of the services of FAINBOW or any copy thereof, and FAINBOW or its partners or third-party providers retain all rights, title and interest in the services of FAINBOW (and any copy of these). Any attempt you make to transfer any of the rights, duties or obligations under this warranty will be void, unless this agreement explicitly states otherwise. FAINBOW reserves all rights not expressly granted in this agreement.

G) Trademarks, service marks and logos. The names and logos related to the FAINBOW services are the property of FAINBOW. It is not allowed to use these marks, unless FAINBOW grants the previous authorization and permission in writing. All rights reserved.

H) Control of exports. The FAINBOW services originate in Spain and are subject to the regulations and export laws of that country. You can’t export or re-export the FAINBOW services to those countries, persons or entities that are prohibited from receiving exports from Spain. In addition, FAINBOW services may be subject to the import and export laws of other countries. You agree to comply with all Spanish and foreign laws related to the use of FAINBOW services.

I) Application stores. You acknowledge and agree that the availability of the FAINBOW services depends on the third party that provided such services, for example, Android Market or the Apple application store (each, an “application store”). You acknowledge that this agreement is between you and FAINBOW, and not with the app store. Each application store may have its own terms and conditions that you must accept before downloading the FAINBOW services. You agree to comply with all applicable terms and conditions of the corresponding application store. Likewise, your license to use the services of FAINBOW is conditioned to your agreement with these terms and conditions.

 

18. OUR DOWNLOADS OF RESPONSIBILITY; NO WARRANTY FOR YOU

A) THE FAINBOW SERVICES AND ANY SOFTWARE, SERVICES OR APPLICATIONS WHICH ARE AVAILABLE IN CONJUNCTION WITH THE FAINBOW SERVICES OR THROUGH THEM ARE PROVIDED, TO THE EXTENT PERMITTED BY LAW, ON THE BASIS OF “AS IS” , “AS AVAILABLE” AND “WITH ALL DEFECTS”, AS WELL AS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPLICIT OR IMPLIED. FAINBOW, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

B) FAINBOW, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS INCLUDED IN THE FAINBOW SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND DO NOT WARRANT THAT THE DEFECTS WILL BE CORRECTED OR THAT THE FAINBOW SERVICES OR THE SERVER THAT PLACES THEM IN PROVISION, BE EXEMPT FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

C) FAINBOW, ITS SUPPLIERS AND PARTNERS (INCLUDING FAINBOW’S WIRELESS EXTERNAL PARTNERS PROVIDERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION ABOUT LOCATION OR OTHER FAINBOW SERVICES, IN TERMS SECURITY, PROTECTION, ACCURACY, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT FAINBOW, ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF THE SERVICES OR EQUIPMENT NECESSARY TO ACCESS FAINBOW SERVICES. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD, OR OTHERWISE, OBTAIN MATERIAL OR DATA BY USING THE FAINBOW SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK.

D) THERE ARE CERTAIN STATE, PROVINCIAL AND NATIONAL LAWS THAT DO NOT ALLOW LIMITATIONS WITH RESPECT TO IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, ALL PREVIOUS DISCLAIMERS, EXCLUSIONS OR LIMITATIONS OR SOME OF THEM MAY NOT APPLY TO YOU, SO YOU MAY HAVE ADDITIONAL RIGHTS.

19. YOUR INDEMNIFICATION TO US; YOU EXCEED FAINBOW

You agree to indemnify, defend and hold harmless FAINBOW (as well as its affiliates, contractors, employees, agents, suppliers and partners) from all types of claims, claims, actions, losses, costs, damages and any other liability. , including attorney’s fees, filed by a third party and arising out of the following or related to (a) your use or misuse of any information about the location or other FAINBOW services in general; (b) any violation that you commit in relation to the rights of any other person or entity; (c) any alleged violation or instance of non-compliance by you with respect to this agreement, and (d) your use of the FAINBOW services to meet another user in person or to locate and attend any event or place out of line. FAINBOW reserves the right to assume the exclusive defense and control of any matter in which you are obliged to indemnify us and you will be the one responsible for the corresponding expenses. In addition, you agree to cooperate with our defense regarding such claims. The obligation of defense and indemnification is intended to have the widest possible scope, to the extent permitted by law, and will continue in force beyond this agreement and the use of the FAINBOW services that you make.

 

20. LIMITATION OF OUR LIABILITY AND LOSS OF LIABILITY

A) YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, EVEN IF NEGLIGENCE, FAINBOW (THAT, FOR THE PURPOSES OF THIS SECTION 18, ALSO COMPRISES YOUR AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS OR EXTERNAL PARTNERS AND SUPPLIERS) SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR RELIEF-RELATED PRODUCT DAMAGES, RELATED TO THE FOLLOWING OR PRODUCT OF IT: (A) THE USE YOU MAKE OF THE FAINBOW SERVICES; (B) OUR ACTIONS TO DISCLOSE, EXHIBIT OR MAINTAIN YOUR LOCAL INFORMATION; (C) THE USE OR THE INABILITY TO USE THE SERVICES FROM FAINBOW; (D) THE FAINBOW SERVICES IN GENERAL (INCLUDING THE FAINBOW SOFTWARE) OR THE SYSTEMS THAT PERMIT THE FAINBOW SERVICES, OR (E) ANY OTHER INTERACTION WITH FAINBOW OR WITH ANY OTHER USER OF THE FAINBOW SERVICES, EVEN IF FAINBOW OR AN AUTHORIZED REPRESENTATIVE OF FAINBOW HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY ESTABLISHED IN THIS SECTION WILL BE CURRENTLY EXCEEDING THE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, SUCH LIMITATIONS WILL APPLY EVEN IF ANY OF THE RESOURCES ARE CONSIDERED. LIMITS SPECIFIED IN THIS DOCUMENT HAVE NOT ACHIEVED THEIR ESSENTIAL OBJECTIVE.

B) IN NO EVENT WILL FAINBOW’S TOTAL LIABILITY (OR ITS AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS OR EXTERNAL PARTNERS AND SUPPLIERS) TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE FAINBOW SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) MAY EXCEED THE AMOUNT PAID BY YOU TO ACCESS FAINBOW SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE DATE OF YOUR CLAIM OR FIFTY EUROS, WHICHEVER IS GREATER. THE PURPOSE OF THIS SECTION 19.B IS NOT TO EXCLUDE THE LIABILITY THAT FAINBOW MAY NOT EXCLUDE UNDER THE CURRENT LAW.

 

21. YOU ACKNOWLEDGE THE BENEFIT OF THE DEAL WITH FAINBOW

YOU ACKNOWLEDGE AND AGREE THAT FAINBOW HAS OFFERED FAINBOW SERVICES, SET PRICE AND CELEBRATED THIS AGREEMENT SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR DISTRIBUTION OF RISK BETWEEN YOU AND FAINBOW, AND THAT SUCH DISCLAIMERS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL BASIS FOR THE DEALING BETWEEN YOU. AND FAINBOW. FAINBOW WOULD NOT BE ABLE TO PROVIDE YOU WITH FAINBOW SERVICES ON A REASONABLE BASIS FROM THE ECONOMIC POINT OF VIEW IF THESE LIMITATIONS AND DISCLAIMERS EXIST.

 

22. YOU EXEMPT US

To the extent permitted by law, you hereby exempt us and release us forever (as well as our officers, agents, employees, successors and assigns) from each conflict, claim, controversy, claim, right, obligation, responsibility, action and cause of action of any type and nature, whether previous, current or future and, in addition, by this means it abandons and renounces all of them. This includes personal injury, emotional stress, identity theft, death, and material damages and losses that have arisen or arise, either directly or indirectly, or relate directly or indirectly to (1) acts and omissions about the user provided by other users of the FAINBOW services, as well as the interactions with said content and (2) any site, product, service and links of third parties included in the FAINBOW services or to which they can be accessed through such services.

 

23. RESOLVING OUR DISPUTES

You and WAFLGBT agree that any conflict that may have arisen or may arise between us with respect to any form of use or access to the FAINBOW services, as well as any validity, interpretation, breach, execution or termination of this agreement or otherwise, regarding FAINBOW’s services in any form (collectively, “issues related to covered conflicts”) will be resolved in accordance with the provisions set forth in this section 23.

A) Informal resolution. If you have any conflict with us, you and we agree that, before taking any formal action, you will contact us at hi@fainbow.com, provide a brief and written description of the conflict and your contact information (including your email address associated with your account, if the dispute relates to an account) and allow sixty (60) days to pass, during which we will try to reach an amicable resolution of any problem with you.

B) Applicable law. You and we agree that the issues relating to the conflicts covered will be subject to the Spanish legislation on Arbitration. Such body of laws will govern regardless of where you live or the location where you use the services of FAINBOW.

C) Our arbitration. You and we agree that this agreement and each of its parts evidences a commercial transaction, and that the Arbitration Law applies in all cases, and governs the interpretation and application of arbitration rules and procedures. You and we agree that the arbitrator will not carry out any type of class or collective arbitration, and will not join the claims by or on behalf of other individuals nor will it consolidate them. You and we agree that the arbitrator and not any federal, international, state or local court or agency will have the exclusive authority to resolve any dispute regarding the interpretation, applicability, execution or constitution of this agreement, including any claim that all or any part of this agreement is void or voidable, or that a particular assertion is subject to arbitration. You and we agree that the ruling on the judgment rendered by the arbitrator may be given in any court of competent jurisdiction.

D) Arbitration ruling in your or our favor. You and we agree that, for matters where the desired repair exceeds € 5,000, the decision of the arbitrator should include the essential findings and conclusions that the arbitrator took as the basis for issuing the ruling. The arbitrator will determine the basis of all claims in accordance with applicable law, which includes the principles of equity accepted, and will honor all claims of privileges recognized by law. The arbitrator will not be bound by the previous arbitration judgments with different users, but will be subject to the previous arbitration judgments with the same user of FAINBOW, insofar as required by applicable law. You and we agree that the arbitration award will be final and binding, and the judgment rendered by the arbitrator may be given in any court of competent jurisdiction. YOU AND WE AGREE THAT THE ARBITRATOR MAY GRANT THE REPAIR (INCLUDING DISAGREEMENT BY JUDICIAL, MONETARY AND DECLARATORY MANDATE) ONLY IN FAVOR OF THE INDIVIDUAL PARTY WHO SEEKS A REPAIR AND ONLY TO THE EXTENT THAT IT IS NECESSARY TO PROVIDE THE REPAIR REQUIRED ACCORDING TO THE CLAIMS INDIVIDUALS OF THAT PART, FOR EXAMPLE, YOUR CLAIMS. INDEPENDENTLY OF THE TYPE OF REPAIR GRANTED, THIS WILL NOT BE ABLE TO AFFECT OTHER USERS.

E) Exceptions to our conflict arbitration agreement. There are only two exceptions to this arbitration agreement:

1. In the first place, if either party believes, on the basis of reasonable criteria, that the other party has violated or threatened to infringe in some way the intellectual property rights of the other party, that party whose rights have been violated may request precautionary measures or other provisional measures of protection in any court of competent jurisdiction.

2. Second, each party shall retain the right to seek relief in a judicial forum from minor claims for disputes or claims within the jurisdiction of said courts.

F) Who assumes the expenses of arbitration. You and we agree that payment of all filing, administration, and fees of the arbitrator will be governed by the AAA rules, unless otherwise indicated in this arbitration agreement. If the value of the desired repair is € 5,000 or less and, if you submit a written request, FAINBOW will reimburse you for the costs of filing, administration and arbitrator fees related to the arbitration, either after the decision of the arbitrator or of the resolution, whichever occurs first, provided that you submit said request no later than thirty (30) days after such decision or resolution, whichever occurs first. In the event that the arbitrator determines that the claims you sustain in the arbitration are frivolous or lack merit, you agree that FAINBOW is exempt from the obligation to reimburse you for any expenses related to the arbitration.

G) Future modifications to the arbitration agreement. Regardless of any provision of this agreement stating otherwise, you and we agree that, if we make any modification to this arbitration agreement in the future, such modification will not apply to any claim that has been made submitted in a procedure provided by law against FAINBOW before the effective date of the modification. However, such modification will apply to all other conflicts or claims subject to the arbitration agreement that have arisen or may arise between you and FAINBOW. If you do not accept the modified terms, you may close your account during the period of thirty (30) days after the publication or notification and, as a result, you will not be bound by the modified terms.

H) YOU CAN CHOOSE BY WAIVING THE ARBITRATION AGREEMENT. IF YOU ARE A NEW FAINBOW USER, YOU MAY CHOOSE TO REJECT THE PROVISION OF THE ARBITRATION AGREEMENT (“RENOUNCE”), FOR WHICH YOU SHOULD SEND US A NOTICE OF WAIVER BY EMAIL TO hi@fainbow.com (“NOTICE OF WAIVER”) ), OR BY POSTAL MAIL TO: WAFLGBT 1111 SL C / Adolfo Darhán 4, Bajo Derecha. 14520 Fernán Núñez (Córdoba) THE NOTICE OF WAIVER SHALL BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW FAINBOW USER, YOU WILL HAVE UP TO THIRTY (30) DAYS AFTER THE PUBLICATION OF THE NEW TERMS TO SUBMIT A NOTIFICATION OF WAIVER TO THE ARBITRATION AGREEMENT.

I) Procedure to renounce the arbitration agreement. In order to resign, you must send an email to hi@fainbow.com the following personal information: name; address (with street, city, state and zip code); e-mail addresses associated with the accounts to which the waiver applies, and a digital image without modifications of your ID. This procedure is the only way you can waive the arbitration agreement. If you decide to waive the arbitration agreement, all other parts of this agreement and this conflict section (including section 20 [You acknowledge the benefit of dealing with FAINBOW] and sections 17 to 20 (17. Advertising; of final user; 18. Our disclaimers; 19. No guarantee for you and 20. Limitation of our liability and your damages) will continue to apply to you. The waiver of this arbitration agreement has no effect on the agreements of previous, future arbitration or other agreements of this type that you may have with us.

J) YOU WAIVE CERTAIN RIGHTS. BY ACCEPTING THE PROVISIONS OF THIS AGREEMENT, YOU REPRESENT, IN AN IRREVOCABLE MANNER, ANY RIGHT THAT YOU MAY HAVE WITH RESPECT TO THE FOLLOWING: (i) A JUDGMENT (OTHER THAN THE MINOR CLAIM CASES MENTIONED ABOVE); (ii) ACT AS A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL OR IN THE QUALITY OF ANY OTHER TYPE OF REPRESENTATIVE OF A CLASS ACTION, IN THE FRAMEWORK OF A LAWSUIT, ARBITRATION OR ANY OTHER PROCEEDINGS BROUGHT AGAINST US OR RELATED THIRD PARTIES, AND (iii) ) A JURY TRIAL, EVEN IF NO ARBITRATION IS REQUIRED UNDER THIS AGREEMENT.

K) TERM OF PRESCRIPTION OF THE LEGAL ACTIONS TO PRESENT CLAIMS.INDEPENDENTLY OF ANY STATUTE OR LAW WHERE OTHERWISE STATED, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THE USE OF THE SITE OR THE SERVICES OR THAT ARE RELATED TO THESE, OR WHICH ARISE FROM THIS AGREEMENT OR ARE RELATED TO IT, SHALL BE SUBMITTED WITHIN ONE (1) YEAR AFTER IT ARISES. NOT TO BE SO, SUCH CLAIM OR CAUSE OF ACTION WILL PRESCRIBE FOREVER.

24. NOTIFICATION AND WITHDRAWAL POLICY

A) FAINBOW respects intellectual property rights and expects its users to do the same. FAINBOW will cancel immediately and without prior notice the user accounts that, according to FAINBOW, belong to users identified as “repeat offenders”. A repeat offender is a user that FAINBOW has notified for violation activities more than twice or for which it has been necessary to remove user content from FAINBOW services more than twice. (Please note that, in accordance with section 8.3, we also reserve the right to cancel accounts because of a single violation).

B) If you are the copyright owner or an agent of such rights, and you believe that some content hosted on the FAINBOW services infringes your copyright, then you may send a notification to the designated FAINBOW copyright agent with the following written information:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. the identification of the work subject to the copyright that allegedly has been infringed, or, a single notification refers to several copyrighted works in the corresponding FAINBOW services, a representative list of such works in the corresponding FAINBOW services;

3. the identification of material that allegedly infringes copyrights or is the subject of the infringing activity and that, therefore, must be removed or access to which must be disabled, in addition to information reasonably sufficient to allow FAINBOW locate the material;

4. information reasonably sufficient to permit FAINBOW to contact the complaining party, such as an address, a telephone number and, if available, an email address at which the complaining party may be contacted;

5. a statement that the complaining party believes in good faith that the material for which the claim is made in the way it does not have the necessary authorization from the owner of the copyright, your agent or the law (eg, “I declare that I consider, in good faith, that the use of the contents subject to copyright that are identified in this document is not supported by the corresponding authorization of the owner of such rights, your agent or the law “.), and

6. a statement that the information included in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (by example, “I swear, under penalty of perjury, that the information included in this notification is correct and that I am the copyright owner, or that I am authorized to act on behalf of the owner of the copyrights whose rights have been infringed presumably because of the aforementioned content “.).

C) You can send claims notifications for infringement to email.

25. ADDITIONAL TERMS AND CONDITIONS OF THE APPLE APPLICATIONS STORE

The following additional terms and conditions apply to you if you use the FAINBOW software in the Apple App Store. To the extent that the other terms and conditions of this agreement are less restrictive than the terms and conditions of this section 24, or in the event that the other terms and conditions of this agreement contradict those set forth in this section, the terms will apply and more restrictive and contradictory conditions in section 24, but only in relation to the FAINBOW software from the Apple App Store:

A) Recognition. WAFLGBT and you acknowledge that this agreement is only between WAFLGBT and you, not Apple, and that WAFLGBT, not Apple, is solely responsible for the FAINBOW software and its content. To the extent that this agreement defines standards for use of the FAINBOW software that are less restrictive than those established for the FAINBOW software in the Terms of Service of the Apple App Store, or in the event that the former contradict any of the In the latter way, the Apple terms that are more restrictive or contradictory will apply.

B) Scope of the license. The license granted to you in relation to the FAINBOW software constitutes only a non-transferable license to use the FAINBOW software in an iOS product that you own or control, in accordance with the rules of use established in the Terms of Service of the Apple App Store.

C) Maintenance and support. WAFLGBT is solely responsible for providing any maintenance and support service in relation to the FAINBOW software, as specified in this agreement (if applicable), or as required by applicable law. WAFLGBT and you acknowledge that Apple has no obligation to provide maintenance and support services in relation to the FAINBOW software.

D) Guarantee. WAFLGBT is solely responsible for any product warranty, whether explicit or implied by law, to the extent that it has not been effectively denied. In the event that the FAINBOW software presents any type of failure to comply with any applicable warranty, you may notify Apple, and Apple will reimburse you for the purchase price corresponding to the FAINBOW software. In addition, to the extent permitted by law, Apple will have no other warranty obligation with respect to the FAINBOW software, and any other claim, as well as any loss, liability, damage, cost or expense attributable to any failure to do so complying with any guarantee will be the sole responsibility of FAINBOW.

E) Claims related to the product. WAFLGBT and you acknowledge that WAFLGBT, not Apple, is responsible for addressing any claim you or any third party makes regarding the FAINBOW software or the manner in which you use or have FAINBOW software, which includes: (i) any liability claim arising from possible product failures; (ii) any claim that the FAINBOW software does not comply with any applicable legal or regulatory requirements, and (iii) any claims that arise in terms of consumer protection or similar legislation. This agreement does not limit WAFLGBT’s liability to you beyond what is permitted under applicable law.

F) Intellectual property rights. WAFLGBT and you acknowledge that, in the event of any third party claim that the FAINBOW software or the manner in which you use or have it infringe the rights of such third party in terms of intellectual property, WAFLGBT, not Apple, shall be solely responsible to investigate, defend, resolve and suspend said infraction, if any, of the intellectual property rights in relation to that claim.

G) Legal compliance. You represent and warrant that (i) you are not in a country that is subject to an embargo by the government of Spain or that has been designated by the government of Spain as a country that “supports terrorists” and (ii) you are not it appears in no list of the government of Spain of prohibited or restricted people.

H) Address and name of the developer. The WAFLGBT contact information for any question, complaint or claim that an end user may have regarding the FAINBOW software is indicated in section 26.7 below.

I) Terms of the agreement related to third parties. You must comply with the applicable agreement terms related to third parties when using the FAINBOW software.

J) Third beneficiary. WAFLGBT and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement and that by accepting the terms and conditions of this agreement, Apple will be entitled (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of said document.

26. SPECIAL STATE TERMS CONCERNING YOUR RIGHT TO CANCEL

The following provisions are incorporated into this agreement for paid subscription users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin or any other state with laws that require notification of cancellation rights: You, the buyer, may cancel this agreement, without being subject to any fine or obligation, at any time before midnight of the third business day of the original seller of the agreement as of date of this agreement, not including Sundays and holidays. To cancel this agreement, send a letter or deliver a dated and signed notification, or send a telegram stating that you, the buyer, want to cancel this agreement or a similar message. This notification must be sent to:

WAFLGBT 1111 S.L.

C / Adolfo Darhán, 4, Bajo Derecha

14520 (Córdoba) – Spain

In the event that you die before the end of your paid subscription period, your estate heirs will be entitled to reimbursement of the part of any payment you have made for the paid subscription that is attributable to the period after your death. In the event that you become disabled (so that you can’t use the paid subscription and the condition is verified in writing by a doctor) before the end of your paid subscription period, you will be entitled to a refund of that part of the subscription any payment that you have made for the subscription that is attributable to the period after your disability. For this purpose, you must send a notification to WALGBT to the same address indicated above.

27. VARIOUS PROVISIONS

A) Severability, waiver of the application of the provisions of the agreement. You and we agree that, if any provision of this agreement is found to be illegal, void or, for any reason, unenforceable, then that provision will be considered independent of all others in this agreement and will not affect the validity or enforceability of the remaining provisions. The only way to waive the application of a provision included in this agreement will be through a written instrument of the party entitled to the benefit of such provision. The fact that any of the parties at any given time does not require compliance with any provision of this agreement shall not in any way affect the right of that party to enforce such provision at a later date. The exemption from liability for any breach of any provision included in this agreement shall not be construed as a waiver of continuing liability with respect to other instances of breach of that provision or of others contained in this agreement.

B) Notifications. WAFLGBT can provide you with notifications, such as those relating to modifications to this agreement, either by email or through advertisements or publications in the FAINBOW services. You consent to the use of communications by electronic means.

C) You can’t assign the agreement, but WAFLGBT does. You may not transfer or assign this agreement or any right and license granted through this document. However, WAFLGBT may, at any time and for any reason, transfer or assign, without restrictions, both this agreement and the obligations contained in it to a third party. Through this agreement you acknowledge and agree that, if another company acquires our company, our business or our assets, such transaction could include the sale or transfer of your user content, and you accept such transfer without the need to take additional measures or provide a confirmation.

D) Continuity of the agreement. The following sections will remain in effect even after the termination of this agreement or termination of use of or subscription to the FAINBOW services: 3 to 5, 6.C, 6.D, 7 to 9, 12, 14 to 16, 17 (not including section 17.B), 18 to 25 and 27.

E) There will be no third party beneficiaries. There will be no third party beneficiaries of this agreement.

F) Headlines; full agreement. The references of the headings used in this document are for convenience only; they do not constitute a part of this agreement and will not be considered as limiting or affecting any of the provisions of this document. The words “including,” “included,” “what it includes,” “what it comprises,” and similar expressions mean “what is included, not restrictively.” This agreement constitutes the entire agreement between you and us regarding the matter addressed in this document and will not be modified unless it is in writing, with the agreement of both parties.

G) Our disclosures of information; your questions WAFLGBT offers the services described in this agreement, with address C / Adolfo Darhán, 4, Bajo Derecha.14520 (Córdoba) – Spain. General inquiries: hi@fainbow.com

The first app in the market, aimed for Lesbians, Gays, Bisexuals and Transexuals FAMILIES, with or without kids but with the intention of having them.

Coming soon...!

hi@fainbow.com