1.1 These provisions (“Terms and Conditions for Use") regulate access to and use of the website that "STOCKCROWD FANRAISING, S.L.", (hereinafter referred to as "StockCrowd”) provides to Internet users through the domain stockcrowd.com and associated domains (hereinafter referred to as the “Website”) regardless of the application, online means, medium or device through which this Website can be accessed.
1.2 The owner of the Website is the company "STOCKCROWD FANRAISING, S.L.", the details of which are provided through the following link. StockCrowd provides Software as a Service (SaaS), enabling the creation of fundraising campaigns (hereinafter referred to as the “Campaigns”) on websites and digital channels using cloud software tools and the subsequent posting thereof on the website selected by the client, including, where appropriate, other services such as storage or consulting (these shall hereinafter be referred to as the “Services”).
2.1 Website access information
Accessing the Website confers the status of user (“User”) and implies that the User has read and accepts the terms, conditions, notices, warnings and other disclaimers contained in these clauses, which includes, but is not limited to, these Terms and Conditions for Use, the Cookies Policy and the Privacy Policy as defined in section 5 of these Terms and Conditions for Use. If the User does not agree with the contents of these Terms and Conditions for Use, he/she must leave this Website and will not be able to access or use the services it offers.
The User states that he/she is of legal age and holds sufficient legal standing to be bound by these Terms and Conditions for Use. Likewise, he/she expressly and unreservedly accepts that accessing and using this Website, and, where appropriate, its services and the content of such services, takes place under his/her sole and exclusive responsibility.
In the event of carrying out maintenance works, repairs, updates or upgrades of the Website, StockCrowd is entitled to temporarily suspend access to the Website, with no need to provide prior notice thereof, and it reserves the right to provide or cancel it, however it must notify the Users of this fact, when the circumstances allow for it.
2.2 Registration on the Website
Accessing this Website is free of charge and viewing it does not require any prior subscription or registration. However, some of the services and contents offered by StockCrowd require Users to register on the Website beforehand, signing up as a “Registered User” or “Client” by providing the necessary information, which may be carried out through the following link.
Only those Clients who, in the case of natural persons, are over the age of 18 and hold the legal standing to enter into contract, and in the case of legal persons, those who are properly incorporated and recorded in the Companies Registry or other relevant registry, may register on this Website.
Registering in the “User Area” of the Website will involve the creation of an exclusive account for each Client, identified with a “Username" and protected by an “Access Code".
If the User registers on the Website, the User shall be solely responsible for the truthfulness of the data entered; therefore, if false or inaccurate data are provided, StockCrowd reserves the right to prohibit the User from accessing such Website. Moreover, the User undertakes to make diligent use of his/her Access Code and to keep it secret. The User shall be solely liable to StockCrowd for all actions carried out through his/her account, and it is his/her responsibility to keep his/her Access Code confidential at all times and to notify StockCrowd immediately of any incident that occurs in relation to his/her account or Access Code.
Therefore, the Users are responsible for the appropriate safe-keeping and confidentiality of any identifiers and/or passwords provided thereto by StockCrowd, and undertake not to assign them to third parties, either temporarily or permanently, nor to allow third parties to access the Website. The User will be responsible for any illegal use made of the services by any unauthorised third party who uses a password for such purpose due to careless use or loss of the password by the User.
By virtue of the foregoing, the User must notify StockCrowd immediately of any event that permits the improper use of the identifiers and/or password, such as theft, loss or unauthorised access thereto, in order to proceed with their immediate cancellation. Until such facts are reported, StockCrowd is exempt from any liability that may arise due to the improper use of identifiers or passwords by unauthorised third parties.
2.3 Signing up for StockCrowd’s services
If the User wishes to sign up for the Services that StockCrowd offers through its Website, after registering on the Website pursuant to these Terms and Conditions for Use, the User must accept the Terms and Conditions of the Software as a Service (SaaS) Agreement, which is available at the following link.
Registering on the Website as set out in section 2.2 above is free of charge, notwithstanding the rates and fees applicable to the Registered User who signs up for StockCrowd’s Services pursuant to the Software as a Service Agreement.
2.4 Prohibited use
The User must make lawful use of the services provided on this Website at all times, in accordance with the laws in force, observing the intellectual and industrial property rights of third parties and of StockCrowd, pursuant to the provisions in section 3.
In this respect, the User guarantees that the activities he/she performs through this Website will be in accordance with the law, morality, public order and proper conduct and in no case will they harm the good name and commercial image of StockCrowd or any other company, other Website users or third parties.
The User shall be solely responsible for fulfilling all the applicable laws in all his/her actions related to the use he/she makes of the Website, regardless of the purpose of the use.
Through the services provided by StockCrowd, the User must not carry out any action that causes damage or alterations to the contents, nor may he/she hinder the proper functioning of the Website by causing technical problems of any kind, transferring elements that may contain computer viruses or damage, interfere with or intercept all or part of this Website, and the User must not intervene in or alter other users’ emails.
In particular, the User undertakes the following:
StockCrowd shall not be held liable for the Users’ failure to comply with any legal or contractual obligation. The Users shall hold StockCrowd harmless from any damage, loss, or harm that they may incur as a result of such non-compliance.
2.5 Downloading files
StockCrowd cannot guarantee and does not guarantee that the files that can be downloaded from the Website are free from malware or other harmful computer code, files, or programs.
2.6 Links
No link may be created to the Website from any other website without the prior express consent of StockCrowd, unless specified otherwise on the Website.
If this Website should contain links to other portals or websites not managed by StockCrowd, this company states that it does not exercise any control over such portals or websites, nor is it responsible for their content. The links that this website may contain are provided solely as informative references for the benefit of the User, and the contents, owners, services, or products offered through these links are not assessed. By using the links, the User leaves this Website and shall be subject to the terms and conditions of use and policies of the website that they access. StockCrowd does not accept responsibility for the availability and/or contents of the links that may be provided on this Website. Similarly, StockCrowd does not accept responsibility or undertake any obligation for any of such external websites or their contents.
Under no circumstances will the aforementioned links be deemed a recommendation, sponsorship or distribution by StockCrowd of the information, products and/or services or, in general terms, the contents owned by third parties, offered by them or in any way disclosed by them.
In any case, StockCrowd is exempt from all liability regarding the services rendered by such third parties for any kind of complaints and claims that could be filed in relation thereto.
3. Copyrights and Intellectual Property
All rights over the contents of this Website belong to StockCrowd, except those belonging to companies with which it has entered into the relevant agreement to provide the contents and which are protected by national and international regulations on industrial and intellectual property.
3.2 StockCrowd is the legal holder of all copyrights over the contents of the Website. The design, images, maps, graphics, trade marks, signs, distinctive signs or logos of StockCrowd, frames, banners, the software and its source and object code, etc. of this Website are owned by StockCrowd, which legitimately holds the exclusive rights to exploit them.
3.3 The logos or distinctive signs of other companies that could appear on this website while the User is browsing it are owned by each of them, legitimately holding the exploitation rights for them and expressly consenting to their inclusion on the Website, if necessary.
3.4 The User that accesses this Website may not copy, modify, distribute, transmit, reproduce, publish, assign, or sell the aforementioned elements or create new products or services based on the information obtained.
3.5 Viewing and downloading is only authorised for the User's personal and non-commercial use and may not be extended to third parties or companies.
3.6 Any alteration of this Website by the User that could affect its content, such as links and the like, is strictly prohibited.
3.7 StockCrowd shall ensure that the contents of this Website are not pornographic, xenophobic, discriminatory, racist and do not promote violence.
STOCKCROWD WILL MAKE THE WEBSITE AVAILABLE TO THE USER IN “AS IS” CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITH NO EXPRESS OR IMPLICIT GUARANTEES OF ANY KIND , INCLUDING, BUT NOT LIMITED THERETO, ANY GUARANTEE OF THE CONTENT, MARKETABILITY, PATENTABILITY AND/OR FITNESS FOR A CERTAIN PURPOSE, NOR THE EXISTENCE OF DEFECTS OR ERRORS, NOR REGARDING ITS CAPACITY TO BE INTEGRATED IN A CERTAIN SYSTEM, TITLE OR THAT THEY WILL NOT INFRINGE A PATENT OR OTHER INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS HELD BY THIRD PARTIES.
STOCKCROWD SHALL NOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, WHICH MAY CONTAIN INACCURACIES OR ERRORS. STOCKCROWD DOES NOT GUARANTEE NOR SHALL IT BE HELD LIABLE FOR THE INFORMATION PROVIDED TO THE USER BY ANY MEANS OTHER THAN THIS WEBSITE. FURTHERMORE, STOCKCROWD MAKES NO STATEMENT WHATSOEVER ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, SECURITY OR ACCURACY OF THE WEBSITE OR ITS CONTENT.
STOCKCROWD DOES NOT GUARANTEE THE AVAILABILITY AND CONTINUITY OF THE WEBSITE. STOCKCROWD SHALL NOT BE HELD LIABLE FOR ANY ERROR THAT COULD BE CAUSED BY STOCKCROWD’S WEBSITE OR DUE TO ITS USE, EVEN IF IT CAUSES AN INTERRUPTION IN THE SERVICE OR IN CASES OF DELAYS OR MALFUNCTIONING. NEITHER SHALL IT BE HELD LIABLE FOR ANY EFFECT OR CONSEQUENCE DIRECTLY OR INDIRECTLY RELATED TO USING THE WEBSITE OR BEING UNABLE TO USE IT OR THE MALFUNCTIONING THEREOF, THE ACTIONS STEMMING FROM INCORRECT USE OF THE WEBSITE OR CLAIMS MADE BY THIRD PARTIES. ALL OF THE ABOVE IS DEEMED APPLICABLE UNLESS OTHERWISE STATED IN THE TERMS AND CONDITIONS THAT THE USER ACCEPTS WHEN REGISTERING OR SIGNING UP FOR THE SERVICES OF STOCKCROWD.
ALTHOUGH STOCKCROWD HAS IMPLEMENTED ALL APPROPRIATE MEASURES TO GUARANTEE SECURITY IN THIS AREA, IT DOES NOT CONTROL OR GUARANTEE THE ABSENCE OF VIRUSES OR OTHER ELEMENTS IN THE CONTENT THAT MAY CAUSE ALTERATIONS TO THE USER'S IT SYSTEM (SOFTWARE). THE USER HOLDS STOCKCROWD, THE DIRECTORS, PARTNERS, EXECUTIVES AND EMPLOYEES FREE FROM ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY ARISE DUE TO THE PRESENCE OF VIRUSES IN THE CONTENTS.
IF ANY OTHER REGULATION OR LAW OF COMPULSORY APPLICATION IN FAVOUR OF THE USER PREVAILS OVER THESE TERMS AND CONDITIONS, THEY SHALL BE LIMITED TO THE SHORTEST PERIOD OF TIME POSSIBLE.
IN ANY CASE, STOCKCROWD SHALL NOT BE HELD LIABLE FOR THE DIRECT OR INDIRECT DAMAGES, LOSS OF PROFIT, LOSS OF OPPORTUNITIES, EXPENSES INCURRED DUE TO ACTIONS CARRIED OUT BY THIRD PARTIES, LOSS OF DATA OR DAMAGES OF ANY KIND THAT AFFECT ONE OR MORE USERS AND THAT MAY BE RELATED TO LACK OF AVAILABILITY OR CONTINUITY OF THE WEBSITE’S FUNCTIONING AND THE SERVICES, AND THE USEFULNESS THAT USERS MAY HAVE CONSIDERED THIS WEBSITE HAS.
The use of the Website by the User is subject to StockCrowd’s Privacy Policy, which is available in the following link.
Moreover, the User must accept the Cookies Policy that can be found in the following link.
6.1 Complaints and claims. Notices.
The User must submit any complaint or claim in accordance with the provisions contained in the following link.
Likewise, the User must address any notice to StockCrowd using the addresses provided in the following link.
6.2 Amendments
StockCrowd may unilaterally amend, at any time deemed appropriate, the configuration of this Website, the terms and conditions of the service and its contents, and it may delete, restrict or suspend them temporarily or definitively and prevent access thereto, endeavouring to inform the User, as stated below, of such amendment, providing the circumstances allow for it, through its publication on the Website. Moreover, StockCrowd reserves the right to unilaterally amend these Terms and Conditions for Use without prior notice thereof. The continued use of the Website after the amendments are made to the Terms and Conditions for Use implies their acceptance by the User.
6.3 Nullity and invalidity of the clauses
If any clause in these Terms and Conditions for Use is declared fully or partially null and void or invalid, this fact shall only affect such provision or the part thereof that is null and void or invalid, with the rest of the provisions remaining in force and such provision or the part thereof that is affected being deemed as not included unless, due to being an essential part of these Terms and Conditions for Use, it would affect them fully.
6.4.- Applicable law and jurisdiction
These Terms and Conditions for Use, as well as any other relationship between the User and StockCrowd, shall be governed according to Spanish law.
The parties agree to submit any dispute that may arise regarding the application or interpretation of these Terms and Conditions for Use to the Courts and Tribunals of the city of Barcelona.