Terms and conditions
These terms and conditions of use and hiring (the “Terms and Conditions”) govern the access and use of the “WineNest” application (hereinafter the “APP”).The APP is owned by SANGA INTERACTIVE S.L., (hereinafter “us”), whose identifying data are as follows:Tax ID: B10829794Address: Calle San German 37, 1-4 4-A, 28020, Madrid (Spain)Contact email address: info@winenest.app Registration data in the Commercial Registry: Volume 43849, Book 0, Folio 33, Section 8, Sheet M 773792These Terms and Conditions are binding for any person who accesses or uses the APP (hereinafter the “User”). By accessing or using the APP, the User states that they have read these Terms and Conditions and agree to be bound by them, as well as by the Privacy Policy and the Cookie Policy of the APP. If you do not agree with any of those texts, the User must refrain from using the APP.
CONDITIONS OF ACCESS TO WINENEST AND CREATION OF A USER ACCOUNT
Access and use of the APP is only allowed for persons aged 18 and over.Access to the APP does not require a subscription to a paid subscription plan, however, in the future, to access all the functionalities of the APP, a subscription to a paid subscription plan may be necessary.Access to the APP requires the creation of an account. When creating an account in the APP, the User must provide only truthful information. This means that the User cannot use false identities or those of third parties.The User assumes that it is their responsibility to ensure they choose a secure password and keep their access information secret.The user account and access credentials are non-transferable and for personal use. This means that the User cannot share their account with other users.The User will be solely responsible for all activity recorded on their account. If they suspect that a third party is accessing their account, the User is aware that they must immediately contact us through the following email address: info@winenest.app
SUBSCRIPTION TYPE
The content offered through the APP is available for free as long as the user account creation process has been completed. However, in the future, other types of paid subscriptions may be introduced.
INTELLECTUAL AND INDUSTRIAL PROPERTY
We are the owners of the intellectual property rights of the APP, as well as of the elements contained therein (for example, images, sound, audio, video, software, or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) are our property or, where applicable, of our licensors. Under these terms and conditions, the User will not hold any rights over systems, services, trademarks, and/or trade names or any other elements whose intellectual or industrial property belongs to us beyond those expressly indicated in this clauseThe User shall refrain from reproducing, distributing, publicly communicating, and transforming the APP or its contents.Likewise, the User may not extract or reuse, totally or partially, the data and information contained in the APP. For example, you cannot use automated “screen-scraping” techniques or similar nor other manual techniques.The contents made available to the User through the APP are owned by their respective creators. The User may only use the contents for domestic and personal purposes.The User acknowledges knowing that the contents made available to users through the APP are protected by intellectual and/or Industrial property rights.
PERMITTED USES OF WINENEST
The User declares and guarantees that they will make appropriate use of the APP.The following list includes, by way of example and not exhaustively, some of the commitments that the User assumes: Not to use the APP in any way that could cause damage, interruptions, inefficiencies, or defects in its functioning.Not to attempt to access restricted sections of the APP, or its systems and networks;Not to attempt to violate the security or authentication measures of the APP; andNot to perform reverse engineering or decompile the APP, except in those cases where the law allows it.The User declares knowing that the above list is merely indicative and that they must comply with all the other obligations that apply to them under these Terms and Conditions and current regulations.If the User makes unauthorized use of the APP, they must keep us harmless, which means that they must cooperate with us so that we can defend ourselves and, in addition, they must compensate us for the damages that these claims cause us.
COMMENTS AND INTERACTIONS
Some future functionalities of the APP will allow users to leave comments or interact with each other in different ways.In any case, comments or interactions that are not allowed nor will be allowed include: Those that can be classified as hate speech, incitement to violence, or discrimination of any group on the basis of racial, ethnic origin, sex, gender, sexual orientation, religious beliefs, illness, disability, etc.;Those that can be classified as promotional content for regulated games or as spam, such as promotion of own or third-party products or that, for any other reason, have a commercial purpose;Those that can be classified as threatening or intimidating, slanderous, defamatory, pornographic, or obscene; andThose that infringe intellectual or industrial property rights or any other third-party rights (and, in particular, their rights to privacy) or are contrary to the law.Any comment that, in our judgment, constitutes a breach of these Terms and Conditions or that, for any other reason, is not appropriate and may cause us problems or the APP, may be removed.By commenting or interacting on the APP, you grant us a free, non-exclusive license, without geographical limitation and for the maximum time allowed by legislation so that we can make those comments available to other users through the APP, as well as so that we can use them for private and/or commercial purposes both internally and externally (such as, for example, analyzing the interactions that occur in our APP to be able to improve it).The above conditions are also applicable to the username and the image or content used to personalize the User profile.
BLOCKING AND DELETION OF THE ACCOUNT
We may block or delete the User's account immediately and without prior notice, if we know or suspect that they are carrying out acts contrary to these Terms and Conditions or to current regulations. In addition, we may prevent them from creating new accounts in the APP in the future.We may also temporarily or permanently restrict (as the case may be) access to the APP when we are carrying out maintenance tasks or when, for any reason, we cease to provide our services in relation to the APP.The User will not have the right to make any claim against us related to the temporary or permanent blocking and deletion of their account.The User can also delete their account at any time.
ACCESS TO CONTENTS ONCE YOUR RELATIONSHIP WITH WINENEST ENDS
When the User's relationship with the APP ends for any reason (for example, when they decide to unsubscribe their account or when their account is deleted for having breached these Terms and Conditions), they will lose access to the contents linked to their account.
LINKS TO THIRD-PARTY WEBSITES
The APP may contain links to third-party websites.We do not control nor are we responsible for the content of those websites. If the User uses any of the links to third-party websites contained in the APP, they do so at their own risk. If access to those third-party websites causes any damage to the User (including damages caused by viruses and other malicious elements), they must claim against the third party owning that website.The User declares being aware that the use of such websites will be subject to the terms of use, privacy policy, cookie policy, and any other condition imposed by the third party responsible for that website.
STATEMENTS, WARRANTIES, AND LIABILITY OF WINENEST
The APP is provided “as is” and “as available”, without warranties of any kind.The User is aware that we will not be responsible for damages that may suffer from:The lack of suitability, accessibility, availability, usefulness, or performance of the APP;Errors or lack of accuracy or quality of the data and information contained in the APP; Possible compatibility issues between the APP and the device from which they are accessing the APP; andThe illegal intrusion of a third party or the introduction of viruses into their computer systems.When applicable regulations do not allow the exemption from liability within the limits set forth in this clause, our liability will be limited as much as the law permits.
MODIFICATIONS TO THE WEBSITE AND/OR THESE TERMS AND CONDITIONS
We reserve the right to, at any time and without prior notice, make improvements, replacements, or modifications to any functionality or content of the APP.Additionally, we may modify these Terms and Conditions at any time. If, once the new version of the Terms and Conditions is published, the User continues to access or use the APP, it will be understood that they have accepted the new Terms and Conditions and will be bound by their terms.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the access and use of the APP are governed by Spanish law.If the User is a consumer or user according to applicable regulations, we will submit any dispute related to these Terms and Conditions and the access and use of the APP to the exclusive jurisdiction of the judges and courts of their place of residence. In all other cases, as long as the legislation allows it, the User and we, expressly waiving our own jurisdiction, agree to submit to the judges and courts of the city of Madrid.If you are a consumer or user, you may also go to the European Commission's online dispute resolution platform, which can be accessed through this link.
CONDITIONS OF ACCESS TO WINENEST AND CREATION OF A USER ACCOUNT
Access and use of the APP is only allowed for persons aged 18 and over.Access to the APP does not require a subscription to a paid subscription plan, however, in the future, to access all the functionalities of the APP, a subscription to a paid subscription plan may be necessary.Access to the APP requires the creation of an account. When creating an account in the APP, the User must provide only truthful information. This means that the User cannot use false identities or those of third parties.The User assumes that it is their responsibility to ensure they choose a secure password and keep their access information secret.The user account and access credentials are non-transferable and for personal use. This means that the User cannot share their account with other users.The User will be solely responsible for all activity recorded on their account. If they suspect that a third party is accessing their account, the User is aware that they must immediately contact us through the following email address: info@winenest.app
SUBSCRIPTION TYPE
The content offered through the APP is available for free as long as the user account creation process has been completed. However, in the future, other types of paid subscriptions may be introduced.
INTELLECTUAL AND INDUSTRIAL PROPERTY
We are the owners of the intellectual property rights of the APP, as well as of the elements contained therein (for example, images, sound, audio, video, software, or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) are our property or, where applicable, of our licensors. Under these terms and conditions, the User will not hold any rights over systems, services, trademarks, and/or trade names or any other elements whose intellectual or industrial property belongs to us beyond those expressly indicated in this clauseThe User shall refrain from reproducing, distributing, publicly communicating, and transforming the APP or its contents.Likewise, the User may not extract or reuse, totally or partially, the data and information contained in the APP. For example, you cannot use automated “screen-scraping” techniques or similar nor other manual techniques.The contents made available to the User through the APP are owned by their respective creators. The User may only use the contents for domestic and personal purposes.The User acknowledges knowing that the contents made available to users through the APP are protected by intellectual and/or Industrial property rights.
PERMITTED USES OF WINENEST
The User declares and guarantees that they will make appropriate use of the APP.The following list includes, by way of example and not exhaustively, some of the commitments that the User assumes: Not to use the APP in any way that could cause damage, interruptions, inefficiencies, or defects in its functioning.Not to attempt to access restricted sections of the APP, or its systems and networks;Not to attempt to violate the security or authentication measures of the APP; andNot to perform reverse engineering or decompile the APP, except in those cases where the law allows it.The User declares knowing that the above list is merely indicative and that they must comply with all the other obligations that apply to them under these Terms and Conditions and current regulations.If the User makes unauthorized use of the APP, they must keep us harmless, which means that they must cooperate with us so that we can defend ourselves and, in addition, they must compensate us for the damages that these claims cause us.
COMMENTS AND INTERACTIONS
Some future functionalities of the APP will allow users to leave comments or interact with each other in different ways.In any case, comments or interactions that are not allowed nor will be allowed include: Those that can be classified as hate speech, incitement to violence, or discrimination of any group on the basis of racial, ethnic origin, sex, gender, sexual orientation, religious beliefs, illness, disability, etc.;Those that can be classified as promotional content for regulated games or as spam, such as promotion of own or third-party products or that, for any other reason, have a commercial purpose;Those that can be classified as threatening or intimidating, slanderous, defamatory, pornographic, or obscene; andThose that infringe intellectual or industrial property rights or any other third-party rights (and, in particular, their rights to privacy) or are contrary to the law.Any comment that, in our judgment, constitutes a breach of these Terms and Conditions or that, for any other reason, is not appropriate and may cause us problems or the APP, may be removed.By commenting or interacting on the APP, you grant us a free, non-exclusive license, without geographical limitation and for the maximum time allowed by legislation so that we can make those comments available to other users through the APP, as well as so that we can use them for private and/or commercial purposes both internally and externally (such as, for example, analyzing the interactions that occur in our APP to be able to improve it).The above conditions are also applicable to the username and the image or content used to personalize the User profile.
BLOCKING AND DELETION OF THE ACCOUNT
We may block or delete the User's account immediately and without prior notice, if we know or suspect that they are carrying out acts contrary to these Terms and Conditions or to current regulations. In addition, we may prevent them from creating new accounts in the APP in the future.We may also temporarily or permanently restrict (as the case may be) access to the APP when we are carrying out maintenance tasks or when, for any reason, we cease to provide our services in relation to the APP.The User will not have the right to make any claim against us related to the temporary or permanent blocking and deletion of their account.The User can also delete their account at any time.
ACCESS TO CONTENTS ONCE YOUR RELATIONSHIP WITH WINENEST ENDS
When the User's relationship with the APP ends for any reason (for example, when they decide to unsubscribe their account or when their account is deleted for having breached these Terms and Conditions), they will lose access to the contents linked to their account.
LINKS TO THIRD-PARTY WEBSITES
The APP may contain links to third-party websites.We do not control nor are we responsible for the content of those websites. If the User uses any of the links to third-party websites contained in the APP, they do so at their own risk. If access to those third-party websites causes any damage to the User (including damages caused by viruses and other malicious elements), they must claim against the third party owning that website.The User declares being aware that the use of such websites will be subject to the terms of use, privacy policy, cookie policy, and any other condition imposed by the third party responsible for that website.
STATEMENTS, WARRANTIES, AND LIABILITY OF WINENEST
The APP is provided “as is” and “as available”, without warranties of any kind.The User is aware that we will not be responsible for damages that may suffer from:The lack of suitability, accessibility, availability, usefulness, or performance of the APP;Errors or lack of accuracy or quality of the data and information contained in the APP; Possible compatibility issues between the APP and the device from which they are accessing the APP; andThe illegal intrusion of a third party or the introduction of viruses into their computer systems.When applicable regulations do not allow the exemption from liability within the limits set forth in this clause, our liability will be limited as much as the law permits.
MODIFICATIONS TO THE WEBSITE AND/OR THESE TERMS AND CONDITIONS
We reserve the right to, at any time and without prior notice, make improvements, replacements, or modifications to any functionality or content of the APP.Additionally, we may modify these Terms and Conditions at any time. If, once the new version of the Terms and Conditions is published, the User continues to access or use the APP, it will be understood that they have accepted the new Terms and Conditions and will be bound by their terms.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the access and use of the APP are governed by Spanish law.If the User is a consumer or user according to applicable regulations, we will submit any dispute related to these Terms and Conditions and the access and use of the APP to the exclusive jurisdiction of the judges and courts of their place of residence. In all other cases, as long as the legislation allows it, the User and we, expressly waiving our own jurisdiction, agree to submit to the judges and courts of the city of Madrid.If you are a consumer or user, you may also go to the European Commission's online dispute resolution platform, which can be accessed through this link.