1. Key Terms
Doodlay (hereinafter, "Doodlay", "we", "us" and "our") offers a community platform that allows people to organize sports experiences and share them with other users, allowing them to discover, create and sign up for these unique experiences around the world through our mobile applications for devices with Android and iOS operating systems (hereinafter "Platform"). This Platform is accessible from the official website (hereinafter, the "Website") or from the different app stores of the respective mobile operating systems where it is available, Google Play and App Store.
- "Contents" refers to texts, graphics, images, music, software (excluding the Platform), audio, video, information or other materials.
- "Doodlay Contents" refers to all the Content offered by Doodlay through the Website, Platform, or the corresponding marketing campaigns, promotion and official social networks, including any Content licensed by third parties.
- "User" refers to a natural or legal person accessing the Platform. Being a User also refers to a person who completes the Doodlay account registration process.
- "Community" refers to the set of Users of the Platform.
- "Organizer" refers to a user who creates an experience through the Platform.
- "Experience" refers to an event that is created in a physical and temporary space with a purely sporting purpose.
- "Applicant" refers to a user who requests an Organizer to join an experience through the Platform.
- "Participant" refers to any user who participates in one or more experiences. Likewise, being an organizer is also a participant in said experiences.
- "Application Term" refers to the period of time that begins at the time when an Applicant requests to join an Experience and during which the Organizer may decide to confirm or reject his request to join the Experience. If the Applicant is confirmed, the term to refer to that User for that Experience, will be Participant.
- "Conditions" refers to the requirements of conduct and regulations by Users.
2. User licence, User registration
The Platform is a software made available to users of mobile devices with Android or iOS Operating System, through the Google Play or App Store application stores, with the purpose of providing access to Content and Experiences from their smartphones.
As long as you, as User, comply with all obligations, duties, commitments and codes of conduct, Doodlay grants you a limited right, not conditioned or subject to assignment or sublicense, to access and use the Platform, tools and functionalities of this , according to your availability, for as long as you are a Doodlay user. This User License may be revoked, for various reasons and/or at any time on our part.
3. About Doodlay
To use the Platform it is necessary to have an Internet connection. The Platform by itself does not include access to the Internet or mobile phone networks. The User will always assume the payment of the fees of their Internet access provider or corresponding mobile operator if using the Platform. We recommend that you check the access conditions and rates of your provider.
In no case Doodlay will be responsible for relative or derived issues due to problems of the mobile network or Internet providers.
Requirements to participate
To be a User it is necessary to be over 16 years of age. It is possible that certain Contents and/or Experiences are limited only for people of legal age. In any case, Doodlay will only be responsible for the content classified as Doodlay Contents, being the responsibility of the Organizer, the exclusion/acceptance of underage members to an Experience.
4. General Questions
The present License of Use and its particular conditions constitutes a unique agreement between the User and Doodlay.
The declaration of any provision as illegal, invalid or unenforceable by the competent authority, will mean that it must be interpreted in the manner closest to the original intention of such provision. Such declaration with respect to some or some clauses will not prejudice the validity of the rest.
The non-requirement by Doodlay of strict compliance with any point of the terms of these Conditions, does not constitute and can not be interpreted in any case as a waiver on your part to demand it in the future.
The language applicable to these Terms and Conditions is Spanish. If you have been offered with versions of them in other languages it has been for your convenience and expressly accepts that they will always be governed by the Spanish version.
If there is any contradiction between what the Spanish version of these Terms and Conditions says and what the translation says, in any case the Spanish version will prevail.
The relations between the User and Doodlay shall be governed by Spanish law and, in case of conflict, shall be submitted to the courts and tribunals of Barcelona, expressly waiving any other jurisdiction that may apply, except that by law imperatively determine another different jurisdiction.
6. Exclusion of liability
Exemptions of liability
If you decide to use the platform or the collective contents or participate in experiences, you do so assuming all the risks. You agree that Doodlay has no obligation to perform background checks or sexual assaults of any User, including the Organizers and Participants in the Experiences, but you may perform such checks at your sole discretion, in the as permitted by the applicable legislation in each case. And if, in isolated cases, we decide to carry out these checks, to the extent permitted by law, we make no warranty of any kind, either express or implied, that such checks will identify inappropriate user behavior in the past or that a user will not engage in inappropriate behavior in the future.
The platform is offered "as is", without warranty of any kind, neither express nor implied. Notwithstanding the foregoing, we expressly deny any guarantee of merchantability, satisfactory quality, suitability for a particular purpose, use and peaceful enjoyment or non-infringement, as well as any guarantee that may arise from an agreement or commercial use. Doodlay offers no guarantee that the Platform meets your requirements or is available in an uninterrupted, secure and error-free manner. Doodlay does not offer any guarantee on the quality of the Experience, punctuality, verisimilitude, integrity or reliability of any content on the part of the users that is obtained through the Platform. Also, Doodlay reserves the right to suspend, interrupt or stop operating the Platform at any time.
You are solely responsible for all your communications and interactions with other users of the Platform and with other people with whom you communicate or interact as a result of using the Platform. You understand that Doodlay makes no attempt to verify the statements of the Users of the Website, the Platform, or to review or visit any Experience. You agree to take reasonable precautions in all communications and interactions with other users of the Platform, with other persons with whom you communicate or interact, with Users as a result of your use of it, especially if you decide to meet with them outside the Internet or in person, regardless of whether these meetings are organized by Doodlay. Doodlay expressly declares that it does not assume any responsibility for the actions or omissions of Users or third parties.
The Platform is the channel through which Users can see, create and sign up for Experiences. The Organizer creates the experiences. To create and sign up to Experience you must first create a Doodlay account.
As mentioned above, Doodlay offers a technological platform for Users to maintain a contact through the Internet and agree to make Experiences or sporting events directly between them. Doodlay does not own the Experiences as such, and therefore may not have knowledge of what happens in them, however, as quoted below, Doodlay may access the content of these, for purely security and conduct purposes, between others. Unless expressly stated otherwise in the Doodlay Platform, Doodlay's responsibilities are limited to the management of the Platform.
You must bear in mind that, the Platform is intended to be used to facilitate contact between people to practice sports and create positive experiences. Doodlay does not control the contents of any Experience or the personal information, legality or identity of the individual beyond our means. Doodlay is not responsible and disclaims all liability in relation to each and every one of the Experiences. Consequently, all the Experiences will be carried out or accepted at the risk and expense of the members themselves.
Doodlay may contain links to third-party websites, either because they have been shared by the User or by Doodlay Content. In the first case, Doodlay will not be responsible for the operation of such links or the contents published in them, under the provisions of article 17 of Law 34/2002, of July 11, on Services of the Society of the Information and Electronic Commerce. The Platform is constituted as a mere intermediary between its Users.
As Creator, you are responsible for the Experience. You are solely responsible for everything that happens in this Experience. You are responsible of using the Platform for the use that has been designed, to carry out sporting experiences and to create POSITIVE experiences. You agree that, as a User, you are responsible for your own acts and omissions and also for the acts and omissions of any person you invite or otherwise occur during the course of the Sports Experience. In the event that a User denounces the contrary and submits evidence of damages or other reasons for inappropriate conduct ("Damage Claim" or "User Complaint"), with concurrent evidence (e.g. screenshots), you agree to be the only one responsible for the event and in any case, will be resolved between you and the "victim" (User) through the judicial system or relevant authorities, if necessary. Exempting Doodlay from any other responsibility than to improve the Platform in order to improve the security of Users.
If you as a User are performing an Experience and suffer any type of injury or accident due to the practice of a Physical Experience and file a "Claim for Damage" or any other incident or claim against us, Doodlay waives any liability, since you are solely responsible for your actions and your limitations, understanding that you are aware that you may have an injury or a sudden accident due to an inappropriate behavior or technique or even the practice of a physical Experience in an inappropriate field. Therefore, we can not do anything more than tell you to enjoy sports, but always with the necessary and adequate security for each type of Experience.
All users of the Platform agree to cooperate with and assist Doodlay in good faith, and provide Doodlay with the information and take the measures that Doodlay reasonably requests, in relation to any "Damage Claim" or other claims made. If you are a User at the reasonable request of Doodlay, and to the extent that you can reasonably do so, you agree to participate in a mediation or dispute resolution process.
The User agrees to defend, indemnify and hold harmless Doodlay from and against each and every one of the claims, damages, costs and expenses, including the reasonable attorneys' fees, that arise from or are related to the improper use that you make the site, which includes, without limitation, the violation by the User of these Terms and Conditions, the infringement by the User of any intellectual property right and any other right of any person or entity.
All disputes arising in the compliance and execution of this will be judged in accordance with the laws of Spain and subject to the jurisdiction of its courts.
We want the Community to be pleasant and positive, and to be a digital space where people can always express themselves freely, but with due respect. We understand that in such a large world there are ideological or cultural differences, but precisely to live with that tolerance and respect, is what makes us people. That is why we will never tolerate any clear sign of inappropriate behavior, simply because it does not go with our philosophy.
Therefore, as mentioned above, Doodlay retains the right to exclude any User with inappropriate behavior from the Platform. As well as eliminate any inappropriate experience, or that encourages any sign of violence.
However, below, the different points are detailed, which you must know at all times, to exercise good behavior with the Community.
Use the Platform and all its functionalities and tools in compliance with current applicable legislation, especially regarding intellectual and industrial property and data protection, as well as a code of good conduct and public order that helps to create a better Community. The obligations on the part of the User are the following:
- Use and act in a correct and lawful manner in the Platform.
- Review any of the notifications received by Doodlay, as they may contain important or relevant information.
- Do not violate any right or interest of Doodlay, such as e.g. intellectual or industrial property rights (patents, trademarks, trade secrets, copyright or other property rights).
- Do not use Doodlay for an economic or commercial purpose without having the prior express authorization for each accreditation, association or sports federation.
- Do not use Doodlay for an economic or commercial purpose in a completely personal way, without following any regulations or execution protocol, as determined in this document.
- Do not introduce by any means computer viruses or any kind of malicious code aimed at interrupting, destroying or limiting the functionality of the Doodlay platform or hosting.
- Do not perform any Experience related to packet encroachment, denial of service attacks, backdoors, spoofing of IP or packets, routes or false email address information or similar methods or technology.
- Do not use reverse engineering techniques and/or decompile or decipher or use any other system to know the Doodlay source code or any element subject to copyright or intellectual property on our part.
- Do not damage, disable, overload or hinder the service (or the network or networks connected to the service), or interfere with the use and enjoyment of the Platform by any User.
- Do not perform actions or use means to simulate the appearance or function of Doodlay with any type of purpose.
- Use our Website and/or Platform to transfer, distribute, publish or send information related to other natural or legal persons, including, by way of illustration, photographs of others without your permission, personal contact information or account numbers or credit cards, debit or telephone.
You understand and agree that you are solely responsible for compliance with all laws, regulations and regulations, as well as the tax and legal obligations that are applicable to your use of the Platform.
If you have any experience with a User who believes you are acting or has acted inappropriately, including any person who engages in sexually offensive or inappropriate behavior or engages in any other disruptive behavior, you must immediately report said person to the corresponding authorities and then to Doodlay informing us about the event. And if the case proceeds, from your police station and the complaint number, provided that your complaint will not force us to take any action beyond what is required by law (if any) or cause us to incur any liability to you.
In accordance with the obligations as User, you are aware that you are not authorized to use the platform to transfer, distribute, publish or send information related to other natural or legal persons, including, by way of illustration, photographs of others without your permission, personal contact information or account numbers or credit, debit or telephone cards. Neither to distribute or share links to unauthorized third parties or of an inappropriate nature that may imply a code of misconduct on your part.
Rights of the user
You understand and agree that you are solely responsible for your behavior on the Platform and outside of it if you decide to met and perform with other people off the Internet or the Platform an Experience.
As a user of Doodlay, we put at your disposal, the right to contact us for any type of incident with your profile information, or any error in the operation of the Platform. You also have the right to contact us through e-mail for any additional information you want or report an event, or report any incident with a User. You as a user must understand that in order to address us you must adopt a cordial and friendly attitude, as well as a good code of conduct, and regretting the reason why that communication is, you should never contact us with another attitude as the people who will try to help you are not to blame. We on our part, commit ourselves to address you as quickly as possible and try to satisfy effectively, always under a friendly and appropriate attitude. Doodlay is not responsible for not being able to help or provide an appropriate solution, when it is an event in which third parties may intervene. On the other hand Doodlay keeps the right to exhibit any communication with any interlocutor who does not present a kind or mediating attitude to try to solve a problem.
9. Intellectual Property
The laws on copyright, trademarks and other types of Spain and other countries protect the Website, the Platform and the Contents of Doodlay. You agree that the Doodlay Website, Platform and Contents, including all associated intellectual property rights, are the exclusive property of Doodlay and its licensors. You agree not to remove, alter or conceal notices of copyright, trademarks, service marks or other property rights that are incorporated or accompanying. All trademarks, logos, trade names and any other Doodlay property designations used in or in connection with the Website, the Platform, and the Doodlay Contents are trademarks or registered trademarks of Doodlay. The trademarks, service marks, logos, trade names and other proprietary designations of third parties used in or in connection with the Website, the Platform and the Contents of Doodlay are used only for identification purposes and may be the property of their respective owners.