Legal Notice and General Conditions of UseAviso Legal y Condiciones Generales de Uso

Legal Notice

Ad Screen World, S.L. (hereinafter, the Owner) with Tax ID (NIF) B16629396, and registered office at Islas Baleares, Ibiza, La Gavina, 21 Santa Eularia del Riu (Cana Ventura), 07819, registered in the Mercantile Registry of the Balearic Islands, Volume: 346, Book: 344, Folio: 128, Section: 8, Page: IB16191, is the owner of the Marketplace accessible through the URL: https://www.admefy.com/ (hereinafter, Admefy, the Marketplace or the Platform, interchangeably).

For any inquiries, doubts, or suggestions regarding Admefy, you can contact us via the following email address: contacto@admefy.com.

Below are the conditions that generally regulate access to the Owner’s page, including both the services and functionalities offered therein, without prejudice to the application of other different conditions or their modification. Periodic reading and review are recommended as there may be changes to the legal texts.

General Conditions of Use

1. Identification of the Parties

These General Conditions of Use are entered into on one part by the Owner and on the other by you, as a User (natural or legal person) who voluntarily accesses the Marketplace freely and free of charge. These conditions shall apply regardless of whether or not the services offered on the platform are used.

2. Object of the Marketplace

Admefy is a marketplace aimed at allowing users who offer advertising services, known as Advertisers, to publish advertisements on the Screens registered by their owners, known as Owners, as well as to inform about the services and functionalities held by the Owner. Access and navigation through the Marketplace are free, although the offering and contracting of services entail the payment of a price as well as the acceptance of the corresponding Terms.

Additionally, the Marketplace includes an electronic wallet functionality, through which Advertisers can add funds to subsequently pay for the advertisement broadcasts performed.

3. User Obligations

As a User, by mere access and navigation through the Marketplace, you must:

a. Use the Marketplace in a diligent, correct, and lawful manner, always in compliance with current legislation, morality, good customs, and public order.

b. Periodically review these Conditions, or any others that may be applicable, checking for modifications that may occur.

c. Review the communications that Admefy sends you, as they may contain important information.

d. Not use the Marketplace for commercial purposes, especially to collect information or content for the purpose of providing services that clearly constitute competition for Admefy.

e. Not modify or attempt to modify in any way, nor perform actions or use means aimed at simulating the appearance or functions of the Marketplace.

f. Not damage, disable, overburden, or impair the service (or the network or networks connected to the service), or interfere with its use and enjoyment.

g. Refrain from carrying out any action involving the introduction of computer viruses, worms, Trojans, or any other kind of malicious code intended to interrupt, destroy, or limit the functionalities of the Marketplace.

h. Not employ reverse engineering techniques and/or decipher, decompile, or use any other system intended to discover the source code of Admefy.

i. In any case, not perform any type of act that may violate the rights or interests of the Owner or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets…).

4. Availability of the Marketplace

The Owner tries to improve and expand Admefy, as well as its content and the services offered therein. Despite this, the Marketplace will be shown as it is at any given time, according to availability, limitations, and other concurrent circumstances.

5. Particular Registration Conditions

These Particular Registration Conditions are entered into, on one side, by Admefy, and on the other, by the User who has completed the corresponding form to create an account and the steps indicated in the Marketplace for registration, along with the acceptance of these Particular Conditions.

5.1. Requisitos y procedimiento para crear una cuenta

To create an account in the Marketplace, it is essential that the User be a natural person of legal age in accordance with the provisions of Spanish legislation.

The User must access the “Create new account” option, provide a first and last name, enter an email address, and secure it with a password. All indicated steps must be completed, including reading the information related to the Privacy Policy and these Conditions.

Admefy will confirm the User’s registration in the Marketplace by sending a welcome communication, from which point they become a Registered User.

If the Registered User does not remember their password, they must click on “Lost your password?” and enter the email address used for registration for its reset.

The Owner reserves the right to check and verify the User’s identity at any time. Non-compliance with the requirements set forth in this section or deception regarding identity entitles the Owner to terminate such User at any time, exempting the Owner from any type of liability for such action.

5.2. https://www.admefy.com/

Registration in Admefy as a User allows acting as an Owner or Advertiser depending on whether Screens are offered or rented for content broadcasting.

5.3. Obligations of the Registered User

The Registered User has the following obligations:

a. Not to register with multiple User accounts in the Marketplace, nor do so with false data or by impersonating third parties. You are responsible for providing your real data.

b. Not to use or attempt to use another User’s account without authorization or consent.

c. To be solely responsible for all activities carried out from your personal account on Admefy.

d. To maintain the confidentiality of your access data, as you will be responsible for any damage suffered by you or third parties for breaching these Conditions. You are also responsible for what happens in your personal account unless its security has been compromised by external causes. Specifically, you must:

i. Keep the account updated.

ii. Store the chosen password confidentially.

iii. Be the only User who uses the created account.

iv. Not market, sell, or transfer the account to a third party.

e. Admefy reserves the right to verify the User’s profile, being able to delete or suspend the account in case of non-compliance with these legal texts or any others applicable.

5.4. Modification and cancellation of the User account

At any time, the Registered User may modify the data and billing addresses of their personal account or cancel the account through the user area.

5.5. Admefy as Data Processor

Admefy is a marketplace, thus it is configured as a Data Processor regarding Users acting as Owners who use its services, as it serves as a platform from which they can market their Screens and manage contracts with Advertisers, and will process personal data on their behalf (as Data Controllers).

Admefy will process the data referred to in this section according to the object and purpose of the relationship and always under the instructions provided by the Controller, and in any case, will adopt organizational and technical measures consistent with the type of data to be processed, the purposes, and the risks of the processing, and will perform specific privacy actions by design and by default on those treatments it must perform.

Admefy shall refrain from applying or using the personal data accessed for purposes other than those of the relationship, nor will it communicate them, even for their conservation, to other persons, unless such communication has been previously and expressly authorized by the Controller or is mandatory by Law. Should Admefy use the data for different purposes, it shall be considered the Data Controller as provided in the applicable regulations.

Admefy undertakes to maintain secrecy regarding the personal data subject to processing and to maintain absolute confidentiality and reserve regarding any data it may become aware of during the fulfillment of the services provided, guaranteeing that it will extend this obligation to all personnel in its organization authorized to access the personal data of the Controller. This duty of secrecy and confidentiality shall survive without any time limit.

Once the existing contractual relationship between the Parties has concluded, the personal data must be deleted or returned to the Controller, at the latter’s choice, deleting any copies that may exist. The foregoing, unless there is a rule of the European Union and/or any of the Member States applicable by virtue of which the conservation of personal data is required. In such case, Admefy must proceed to return the data, guaranteeing its conservation to the Controller.

6. Particular Conditions established between Owners and Advertisers

6.1. Generalities

Particular Conditions are the terms that regulate the contracting of screens by Advertisers in favor of Owners and are accepted at the moment the Advertiser hires the Owner’s services. Admefy is not responsible for nor controls these Conditions as they are imposed by the Owners. Particular Conditions include: screen characteristics, location, pricing policies, cancellation, and other conditions established in each advertisement.

Admefy, unless expressly stated otherwise, does not own the Screens offered on the platform, does not review the ads uploaded to the platform, and is not part of the contract made between Advertisers and Owners in any case, therefore it is not responsible for any type of damage or incident arising as a result of the contracting and provision of services carried out by users.

In any case, it is the responsibility of the Owners to accept and final validate the content broadcast on their Screens.

6.2. Pricing Policy

The prices and characteristics of the Screens will depend on what is established by the Owner in their section, which will be those shown at all times in the corresponding advertisement and will form part of the Particular Conditions signed between Owners and Advertisers.

Every additional concept will be indicated on the Admefy page, such that Advertiser Users will have access to it before starting the contracting procedure. Prices are shown in Euros.

The billing for services contracted between Owners and Advertisers must be carried out by the Users themselves: the Owner shall not be obliged to the Users beyond billing for its own services offered, if any, through Admefy.

6.3. Withdrawal and Cancellation Policy

Generally, in accordance with the General Law for the Defense of Consumers and Users, Users acting as Owners or Advertisers will not be considered consumers and users as they act with a profit motive. Therefore, they do not have a recognized right of withdrawal regarding the services provided by Admefy or by the Users of the platform. Any withdrawal or cancellation by Advertisers regarding the services provided by Owners shall be as agreed by the parties.

7. Exclusion of Liability

7.1. Admefy works so that the services and functionalities of the Marketplace are always available. However, when you access it, it will be shown to you according to the availability and limitations that occur at any given time.

7.2. Pursuant to the provisions of Article 16 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the Owner shall not be liable in any case for information, images, opinions, allusions, or content of any kind communicated, hosted, transmitted, made available, or displayed by Advertisers or Owners or any other Users through the platform. The Owner makes no express representations or warranties about any content originating from third parties, nor is it responsible for content transmitted or stored by Users on its intermediary platform provided that:

a. It does not have actual knowledge that the transmitted or stored content is unlawful or that it harms the property or rights of a third party susceptible to compensation, or

b. In case of having such knowledge, it acts with diligence to remove said content or make access to it impossible.

7.3. Admefy shall not be responsible for the information provided nor for any issue related to the contracting processes, as it is a mere technological intermediary.

7.4. Despite the Owner’s continuous effort to protect the systems and contents included in the Marketplace, for which purpose it employs standard Internet security standards, it is not possible to offer full guarantees regarding intrusions or losses of information that may occur. Similarly, the absence of viruses or other harmful elements in the Marketplace or on third-party websites that may cause alterations in the User’s computer system (software and hardware) cannot be guaranteed. For this reason, the User assumes and understands that there are situations that may escape Admefy’s control.

7.5. The Marketplace may include links to pages or sites of third parties external to the Owner, over which it assumes no type of responsibility as it does not approve or review their functions and contents. The User who accesses any link published in the Marketplace does so at their own risk, without the Owner assuming any responsibility for it.

7.6. Likewise, the Marketplace is exempt from all liability derived from misuse of the same by Users, as well as for the breach of obligations or commitments assumed by virtue of these conditions or any other applicable ones.

8. Intellectual and Industrial Property Rights

8.1. All intellectual and industrial property rights over the Marketplace and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs, and other elements present therein belong exclusively to the Owner, including the Admefy brand, or it has sufficient rights and/or authorizations for their exploitation.

8.2. As a consequence of the above, any reproduction, distribution, public communication (including making available), transformation, or any other form of exploitation, even citing the sources, is prohibited, unless prior, express, and written consent is obtained from the Owner or the exclusive holder of the affected rights.

8.3. Users are also informed that they must be the holders of the rights to any content they upload to the Platform, Admefy being in no case responsible for such actions and content.

8.4. The Platform is an intermediary service, and its use to offer Screens and transmit content through them is subject to acceptance by Users of the applicable particular terms and conditions. In this regard, the Owner is not responsible for nor exercises any control over the contents transmitted by Advertisers, whether texts, photographs, images, sound material, or any other elements susceptible to protection by intellectual or industrial property, with each Advertiser assuming all responsibility derived from the infringement of third-party rights in matters of intellectual and industrial property. If you detect any infringement, please notify us at the email contacto@admefy.com so that we can act accordingly.

8.5. The Owner reserves the right to delete from Admefy those services, contents, and/or user profiles that it considers, at its sole discretion, not appropriate, unlawful, etc., either at the request of a party through reports received or by its sole will.

9. Indemnification

9.1. The Owner may sanction any of the Users who breach the conditions applicable to them, with the impossibility of accessing the Marketplace temporarily or indefinitely. The duration of the sanction will depend on the type of infringement committed. The restriction of access shall in no case entail a right to compensation.

9.2. Any type of damage, harm, loss, or cost (including attorney and/or solicitor fees) derived from a breach by the User of these Conditions or any others that may be applicable, incurred by Admefy, must be compensated by the User who originated it. This covers any third-party claims derived from said breaches.

10. Modifications

10.1. These Conditions may be modified and/or updated at any time without prior notice. The modifications made will come into force from their publication in the Marketplace, regardless of the medium and form used for it.

10.2. The modification will only affect Users who had accepted them after said modification.

11. Other Matters

11.1. Safeguard and Interpretation

If the competent Authority declares any of these provisions as illegal, invalid, or unenforceable, it shall mean that the same must be interpreted in the manner closest to the original intention of such provision. In any case, such declaration regarding one or some clauses shall not prejudice the validity of the remaining ones.

The failure of the Owner to require strict compliance with any of the terms of these Conditions does not constitute and cannot be interpreted in any case as a waiver on its part to require it in the future.

11.2. Language

The applicable language to these Conditions is Spanish. If versions are provided in other languages such as English, it will be solely for mere courtesy and greater convenience for the User. In case of contradiction, the Spanish version shall prevail.

11.3. Legislation and Jurisdiction

The relations between the Owner and the User shall be governed by Spanish legislation, and discrepancies or conflicts regarding these Conditions will depend on whether the user holds the status of consumer and/or user in accordance with applicable regulations.

Being a consumer and/or user, conflicts will be submitted to the Courts and Tribunals of the User’s domicile. If they do not have such status, conflicts will be determined in the Courts and Tribunals of Ibiza.