Legal Notice and Terms of Use of the website

1. Terms of Use and acceptance of Terms

These Terms govern the use of the Website that is administered by MONDRAGON S. COOP. (hereinafter, SHAKING HUB), with Tax Identification no. F20350823, its registered office at Pº José María Arizmendiarrieta, registered under no. 162 in the Cooperative Register on 8-02-1991, and entered in the Basque Cooperative Register under no. 2/91, folio GUI-324, entry no. 324.

Use of the Website confers the status of User and implies the User’s full and unreserved acceptance of each and every general and/or specific condition, with respect to the version published when the User accesses the Website. The User is therefore advised to read them carefully.

Through the Website, SHAKING HUB allows Users to access and use various services and content provided by SHAKING HUB or third-party users of the Website and/or third party providers of services and content (hereinafter, the “Services”).

At any time and without prior notice, SHAKING HUB reserves the right to unilaterally change the presentation and layout of the Website, and also reserves the right to change or remove, at any time and without prior notice, the Services and the terms and that must be met to access and/or use the Website and its Services.

2. Accessing and using the Website

2.1. Free access to and use of the Website

The Services provided through the Website are free of charge for users; however, on occasions, it may be necessary to register on the Website. Minors are not allowed to register.

2.2. Obligation to use the Website and Services appropriately

The User agrees to use the Website and the Services in accordance with the Law, with the provisions of these Terms of Use, the rules of good conduct, public order and commonly accepted practices, and they agree to refrain from using the Website and the Services for purposes or with effects that are unlawful, in breach of the provisions of these Terms of Use, in a manner that is detrimental to the rights, interests and reputation of third parties, or that may in any way damage, render unusable, overload or harm the Website and the Services or impede the normal use or enjoyment of the Website and its Services by the Users.

2.3. Proper use of the Content by the User

The User agrees to use the information, messages, graphics, drawings, audio and/or image files, photographs, recordings, software and, generally, all kinds of material that can be accessed through the Website or Services (hereinafter, the “Content”) in a reasonable, proper and lawful manner and, in particular, they agree to refrain from:

(a) Using the Content in a manner, for purposes or with effects that are contrary to the law, good conduct and commonly accepted practices or public order;

(b) Suppressing, circumventing or misappropriating the intellectual or industrial property rights of SHAKING HUB and of any trademark owner, and all other identifying data or rights of SHAKING HUB or other holders thereof that appear in the Content, and the technical protection measures, fingerprints or other reporting mechanisms that may be contained in the Content;

(c) Using the Content and, in particular, any form of information obtained through the Website or the Services to send advertising, messages for direct sales purposes or for any other commercial purpose, unsolicited messages sent to a number of people regardless of their purpose, and to abstain from using this information for marketing purposes or disclosing it in any way whatsoever;

(d) and in particular, carrying out any act contrary to the rules governing personal data protection, the market, consumers and intellectual property.

Appropriate legal action(s) shall be taken if the User fails to comply with any of these obligations.

2.4. Open forums and social media

The User agrees to use those Services which, by their nature, allow Users to enter Content on the Website and make it accessible to other Users, such as, inter alia, the services of forums, blogs, sharing interests and products, personal websites, social networks, etc., in accordance with the law, these Terms of Use, common decency and commonly accepted good conduct and public order.

The User agrees to refrain from sharing, disseminating or making available to third parties through open forums and social media any content which:

a. in any way violates, undermines or infringes fundamental rights and civil liberties;

b. induces, incites or encourages actions that are criminal, denigratory, defamatory, degrading, violent or, generally, contrary to the law, decency, commonly accepted good conduct and public order;

c. induces, incites or promotes discriminatory actions, attitudes or ideas on the basis of gender, race, religion, beliefs, age or status;

d. is false, ambiguous, inaccurate, exaggerated or outdated, in a manner which is likely to mislead with regard to its subject matter or the intentions or purposes of the communicator;

e. is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained authorisation from the owners for the use they are making or intend to make of it; violates the trade secrets of third parties;

f. violates the right to honour, to personal and family privacy or the right to reputation of individuals;

g. violates the rules on the confidentiality of communications;

h. constitutes unlawful, misleading or unfair advertising and, in general, constitutes unfair competition;

i. contains viruses or other physical or electronic elements that may damage or hinder the normal operation of the network, the system or computer equipment (hardware and software) of third parties or that may damage the electronic documents and files stored on said computer equipment.

However, at any time and without prior notice, on its own initiative or at the request of a third party, SHAKING HUB reserves the right to review Content that is shared, disseminated or made available to third parties by Users through Open Forums and Social Networks to prevent it from being shared, disseminated or made available to third parties if it believes that it is in breach of the provisions of these Terms of Use. The User expressly gives their consent for SHAKING HUB to review it in this way.

2.5.- Links and hyperlinks

Users and, generally, any individuals who intend to create a hyperlink between their website and any of the pages of the Website or the Services (hereinafter, the “Hyperlink”) must meet the following conditions:

1. the Hyperlink shall only provide access to the pages of the Website and the Services, but may not replicate them in any way;

2. no deep links or hyperlinks shall be established with the pages of the Website or the Services;

2.6. Liability for losses and damages

The User shall be liable for any and all damages (actual, likely and presumed) and losses of any kind that SHAKING HUB may suffer as a result of a breach of any of the obligations to which it is subject under the Terms of Use, and set forth in the articles herein.

SHAKING HUB reserves the right to take any legal action to which it may be entitled.

3. Processing of User data

1) In order to access and/or use some of the Services, Users must first provide SHAKING HUB with certain personal data (hereinafter, the “Personal Data”), which SHAKING HUB shall process automatically and save in a file for the purpose of providing the Website’s services.

2) SHAKING HUB shall give prior notice of all such occurrences to Users, whenever and however it is legally required to do so.

3) If the User provides the personal data of third parties, they shall inform such third parties of the content of the data provided, the existence and purpose of the file containing their data and the possibility of exercising their rights; they shall identify SHAKING HUB and must obtain the consent of the third party to disclose their data to SHAKING HUB.

4) SHAKING HUB warrants that it has taken appropriate security measures for its facilities, systems and files. SHAKING HUB also guarantees the confidentiality of the Personal Data. However, SHAKING HUB shall disclose Personal Data and any other information in its possession or accessible through its systems to the competent public authorities when required to do so in accordance with the applicable laws and regulations.

5) Users have and may exercise their rights of access, erasure, rectification and objection or withdraw their consent at any time by contacting SHAKING HUB, by following the procedure for exercising their rights described for this purpose in the Data Protection Policy.

4. Warranties and liability

4.1. Disclaimer of warranties and liability for the operation of the Website and Services

SHAKING HUB does not warrant the availability or continuity of the operation of the Website or the information, content, software, materials, or products included therein to the extent permitted by applicable law.

Therefore, it shall not be held liable for any losses or damages of any kind that may arise from the non-availability or discontinuation of the operation of the WEBSITE and its services and any uses that users may have attributed to this WEBSITE.

In any event, SHAKING HUB shall make its best efforts to ensure the continued availability of this WEBSITE.

Similarly, SHAKING HUB is not liable for any errors or security weaknesses that may arise from the User using a version of a browser that is outdated or insecure, and from the activation of storage mechanisms for User passwords or ID codes registered in the browser or for any damages, errors or inaccuracies that may arise from the failure of such mechanisms.

SHAKING HUB has implemented all necessary technical and organisational security measures to ensure the integrity, confidentiality and availability of personal data provided by the User.

Although SHAKING HUB has implemented all appropriate measures to ensure security in this respect, it does not verify or warrant that the content of this WEBSITE is free of viruses or other elements that may damage the User’s computer system (software and hardware) or the electronic documents and files stored on their computer system.

SHAKING HUB disclaims all liability for damages of any kind that may arise from the presence of any viruses in the Content that harm the computer system, electronic documents, files, etc.

The User accepts that the Website has been created and developed in good faith by SHAKING HUB with information from internal and external sources, offering it in its current form to Users, and it may contain inaccuracies or errors. Therefore, the User holds SHAKING HUB harmless from any liability relating to reliability, usefulness or false expectations that the Website may create while browsing it.

4.2. Disclaimer of warranties and liability for services and content hosted outside the Website.

The Website may provide Users with technical linking mechanisms (including, but not limited to, links, banners, buttons), directories and search tools that allow Users to access websites owned by third parties (hereinafter referred to as “Linked Sites”). In such cases, the sole purpose of including these links, directories and search tools on the Website is to make it easier for Users to search for and access information available on the Internet, and it does not imply any kind of link or affiliation between SHAKING HUB and the operators of the Linked Sites.

SHAKING HUB does not pre-check, approve or endorse the services, information, data, files, products or any kind of material on the Linked Sites. The User must therefore exercise extreme caution when considering and using the services, information, data, files, products and any kind of material present on the Linked Sites.

SHAKING HUB disclaims all liability for any loss or damage of any kind arising or likely to arise from (a) the operation, availability, accessibility of the linked services; (b) the maintenance of information, or any material on the sites, (c) the provision or transfer of the linked services subject to the same conditions and with the same scope as set out in Term 4.2.

5. Intellectual and industrial property

SHAKING HUB authorises the User to use the intellectual and industrial property rights and trade secrets relating to the Software installed on their computer solely for the purpose of using the Website and the Services in accordance with the provisions of these Terms of Use. SHAKING HUB does not grant any other user licence or authorisation of any kind with respect to its industrial and intellectual property rights, trade secrets or any other property or right related to the Website, the Services or the Content.

If any User or third party believes that any Content included on the Website violates their intellectual property rights, they must notify SHAKING HUB, detailing the following points: (a) personal details: name, address, telephone number and email address of the complainant; (b) authentic signature or equivalent, with the personal details of the holder of the allegedly infringed intellectual property rights or of the person authorised to act on behalf of the holder of the allegedly infringed intellectual property rights; (c) precise and complete description of the protected Content whose intellectual property rights have allegedly been infringed, and its location on the Website; (d) express and clear declaration that such Content has been included without the consent of the holder of the allegedly infringed intellectual property rights; (e) express, clear declaration, under the responsibility of the complainant, that the information provided in the notification is accurate and that the inclusion of the Content violates the complainant’s intellectual property rights.

These notifications must be sent to info@shakinghub.com.

6.- Applicable law and dispute resolution

These Terms are governed by Spanish law.

Expressly waiving their entitlement to any other jurisdiction, SHAKING HUB and the User agree to submit to the Courts with jurisdiction at the registered office of SHAKING HUB for any dispute that may arise from the provision of the services covered by these Terms of Use. If the address of the User is outside Spain, also expressly waiving any other jurisdiction, SHAKING HUB and the User submit to the Courts of the city of Bergara (Guipúzcoa).