Legal notice

Read this document carefully. It constitutes the Legal Notice that regulates the access, browsing and use of the website located at the URL www.cryptobirds.com (hereinafter, the “Website”).

The following terms regulate the navigation and use of the reproduced and accessible contents that CRYPTO BIRDS PLATFORM, S.L. (hereinafter, «Crypto Birds») makes available through this Website.

Information in accordance with Law 34/2002, of 11 July, on services of the information society and electronic commerce.

Crypto Birds is a Spanish company, for these purposes, with registered office at, Calle Hermosilla nº48, 1-D, 28001, Madrid and tax identification number B-88009360, registered in the Commercial Registry of Madrid, with Entry 142, Diary 94, Inscription 1ª, Page M-660471, Sheet 168, Volume 36920, holder of the domain through which it has accessed, providing computer programming activities services and other information services, enables the following means of communication and/or contact:

Postal Address: C/ Hermosilla, 48, 1D. 28001, Madrid.

Email: info@cryptobirds.com

Terms of Use

The simple and mere use of the website www.cryptobirds.com (hereinafter, «Website») grants the condition of user (hereinafter «User»), whether it is a physical or legal person, and compulsorily implies the complete, full and unreserved acceptance of each and every one of the clauses and terms included in this legal notice (hereinafter, «Legal Notice»). If the User does not agree with the clauses and terms of use included in this Legal Notice, he/she will abstain from using the Website. This Legal Notice is subject to changes and updates, so the published version may be different at any time the User accesses to the Website. Therefore, the User must read the Legal Notice each and every time he/she accesses to it.

Through the Platform, Crypto Birds provides the User with access and use of various contents published through Internet by Crypto Birds or by authorized third parties.

The User is required and undertakes to use the Website and its contents (hereinafter, «Contents») in accordance with current legislation, following the provisions of the Legal Notice and any other notice or instructions brought to their knowledge, either through the Legal Notice itself or any other place within the Contents that constitute the Website, as well as complying with the rules of coexistence, respect, morality and generally accepted good practices. To this effect, the User undertakes not to use the Contents for illicit purposes or effects, forbidden in the Legal Notice or by the legislation in force, harmful to the rights and interests of third parties, or which, in any way, may damage, render useless, overload, deteriorate or prevent the normal use of the Contents, computer equipment or documents, files and all kinds of contents stored in any computer equipment owned or contracted by Crypto Birds, other Users or any Internet User (hardware and software).

In the same way, for those third parties applications that Crypto Birds makes available to the User for a better interaction and the possibility of issuing opinions and comments, it should be noted that the holder of the said application, including the different service providers, have their own terms and conditions, and Crypto Birds will not be responsible for their compliance.

The User agrees and undertakes not to transmit, distribute or make available to third parties any kind of material contained in the Website, such as information, text, data, content, messages, graphics, drawings, sound files and/or image, photographs, recordings, software, logos, trademarks, icons, technology, photographs, links, graphic design and source codes, or any other material to which he had access as a user, without this enumeration is limited. Likewise, in accordance with all of the foregoing, the User may not:

  • Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless he/she have the explicit written permission of Crypto Birds, which is the owner of the corresponding rights.
  • Delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights of Crypto Birds or its owners, fingerprints and/or digital identifiers, or any other technical means established for its recognition.

Intellectual and Industrial Property

All trademarks, trade names or logos of any kind that appear on the Website are property of Crypto Birds or, where appropriate, third parties that have authorized their use. Without prejudice, the use or access to the Website and/or the Content gives the User any rights over the trademarks, trade names and/or logos, and that will not be considered transferred to the User. The rights of exploitation that exist or may exist on such Content will not be transmitted either.

Similarly, the rights of the Contents are owned by Crypto Birds or by third parties who have authorized their use, therefore, it corresponds to Crypto Birds or such third parties the exclusive exercise of the rights of exploitation of the Contents in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.

Unauthorized use of the information contained in this Website, as well as damage to the intellectual or industrial property rights of Crypto Birds, or third parties included in the Website who have assigned part of the Content, will give rise to legally established liabilities.

This Legal Notice is also protected by intellectual property rights. It is expressly prohibited to copy, reproduce or distribute it, in whole or in part, by any means.

Access and Registration

In order to be able to access the Platform and its Contents, as well as information that is provided in the Platform, the User must complete the registration process. To do this, the User only has to complete the form available.

For registration purposes, Crypto Birds establishes the completion of a form withmandatory fields wherethe User must expressly accept the Privacy Policy.

Crypto Birds reserves the right to accept or reject any request for registration, based on the following criteria:

  • In the event that the data provided by the User is false and/or inaccurate.
  • Where it considers that the request made, either, does not comply with these terms, or may damage the image of Crypto Birds, or would be contrary to the purposes being pursued.
  • Those circumstances that are contrary to these terms or the legal regulations applicable at the time when the request and acceptance occurs.
  • The potential relationship with Users whose accounts have been already suspended due to a breach of these terms.
  • Any other circumstance that, at the discretion of Crypto Birds, may lead to the non-acceptance of the application for registration and/or access.

Each User is responsible for the use of his/her account, its confidentiality and protection. The User undertakes to notify Crypto Birds immediately if it becomes aware of any unauthorised use of the User's password or associated account or any suspicion regarding the violation of identity by means of an email to the address privacy@cryptobirds.com.

Registration is not permitted to individuals under the age of 18. Crypto Birds will not be responsible for the registration of underage users and, if it detects such registration or presence, it will proceed to delete the account.

If the User does no longer wish to continue as User, he/she may delete the account by sending an email to privacy@cryptobirds.com. Similarly, Crypto Birds reserves the cancellation and deletion of any account for breach of these terms and those that apply to certain services or Content, as well as the misuse of Content made available to the User. To this effect, Crypto Birds reserves the right to close the User's account, after an assessment and verification of the facts, as well as the possibility of informing the competent authorities -administrative and jurisdictional- if it could be illicit or constitute a crime in any field of application.

Any User may express opinions and comments on the Platform and the projects discussed therein. In any case, the User is responsible for the veracity of what is published, which may be seen by any User of the Platform. It is forbidden to introduce sensitive data in the opinions issued, understanding as sensitive data those that reveal ethnic or racial origin, political opinions, religious or philosophical convictions, or union membership, and the processing of genetic data, biometric data aimed at univocally identifying a natural person, data relating to health or data relating to sexual life or sexual orientation of a natural person.

No personal data of third parties may be introduced unless they have been informed of the circumstances of the processing and their consent has been obtained.

In any case, the User grants Crypto Birds the non-exclusive, unlimited and worldwide transfer of exploitation rights -reproduction, distribution, public communication, transformation- of information, comments or opinions provided, as well as the authorization, where appropriate, for the publication and/or reproduction of their personal data linked to said information.

Crypto Birds does not support or necessarily agree with opinions expressed by Users. These opinions are not financial advice.

Availability

Crypto Birds does not guarantee the inexistence of interruptions or errors when accessing the Website or its Contents, nor that these are up to date, although it will make its best efforts to, if necessary, avoid, correct or update them. Therefore, Crypto Birds will not be responsible for any damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the service of the Website during the provision of the same or in advance.

Crypto Birds excludes, with the exceptions contemplated in the current legislation, any liability for damages of any nature that may be due to the lack of availability, continuity or quality of Website and its Contents.

Crypto Birds will not be obliged to control the absence of viruses, worms or any other harmful computer malware. It corresponds to the User, in any case, to implement adequate tools for the detection and disinfection of malware. By virtue of this, Crypto Birds is not liable for any possible security breaches that may occur during the provision of the service of the Website, nor for any damage that may be caused to the computer system of the User or third parties (hardware and software), files or documents stored therein, as a result of the presence of viruses in the computer of the User employed to connect to the services and Contents of the Website, a malfunction of the browser or the use of non-updated versions of it.

Data protection

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy that every user must expressly accept to register in the system.

The Website may contain links to other websites or social forums that may be of interest to Users. Crypto Birds assumes no responsibility for these links nor offers any guarantee of compliance with their privacy policies therefore, the user accesses under its sole responsibility to the content of these websites, under the conditions of use set out in them.

Consequently, the inclusion of a link in the Website does not imply the endorsement by Crypto Birds of such space linked by Crypto Birds or by one of its subsidiaries.

Commercial Communications

By ticking the corresponding opt in box on the investment registration form, the User may allow Crypto Birds to send him/her commercial communications about the products and/or activities of Crypto Birds sponsors and/or collaborators related to the cryptocurrencies and financial sector, offering the possibility of withdrawing the consent granted at any time, by sending an e-mail to privacy@cryptobirds.com requesting such withdrawal.

Also, if the User provides his consent, Crypto Birds will send newsletters and any other information which may be interesting to the User dealing with services or products of Crypto Birds.

Duration, termination and modification

Crypto Birds advises that each time Users access the Content and/or services hosted and reproduced, they should read this Legal Notice carefully. Crypto Birds reserves the right to unilaterally modify this Legal Notice at any time, totally or partially. The modification will take effect from its publication in the permanent link or in the terms associated to the registry. Crypto Birds may choose to interrupt, suspend or unilaterally terminate access to the Content, regardless of what is stipulated in the terms governing the provision of the services and/or Content provided. Such situations shall not alter the validity of the prohibitions on the use of the Contents exposed throughout this Legal Notice.

To the extent possible, Crypto Birds will warn of such circumstances —suspension, interruption or termination of access to the contents— by including the information which it deems appropriate to the media, for wider distribution.

Liability

Crypto Birds will not be liable for investment decisions made by Users under the information contained in the Website and the opinions provided by Users.

Conflicts

In the event that any provision or provisions contained in this Legal Notice were considered null or unenforceable, in whole or in part, by any Court or competent administrative body, such nullity or unenforceability will not affect the other terms applicable by virtue of the services and/or content provided.

All conditions inserted are regulated by Spanish law. All conflicts, controversies or situations derived from the present terms and/or the particular terms applicable shall be submitted to the Courts of the City of Madrid, the parties expressly renouncing their jurisdiction.