* Last Modified: March 11, 2019


In order to provide you with our Services (as defined below) through the applications, services, features, software and website that we make available to you, you must expressly accept our Terms of Service (“Terms”). You accept our Terms by registering for, installing, accessing, or using our applications, services, features, software, and website.

This is an agreement between Daniel Muñoz Gil (“3warnings”), the owner and operator of 3warnings.com, and the 3warnings software, including the mobile instant messaging app (hereinafter, the ‘Service’), and you, a user of the Service. BY USING THIS SERVICE, YOU UNDERSTAND AND ACCEPT THESE TERMS OF SERVICE, AS WELL AS OUR PRIVACY POLICY, AVAILABLE AT https://3warnings.com/legal/terminos-y-condiciones-para-usuarios.html. If you do not agree to any of these terms or conditions, you may not use this Service.

3warnings Service

These Terms of Service apply to all users of the 3warnings Service. The information provided by our users through the Service may contain links to third party websites that are not owned or controlled by 3warnings. 3warnings assumes no responsibility for their content, their privacy policies, or the practices of any third party websites. In addition, 3warnings cannot and will not censor or edit any content of any third party website. By using the Service, you expressly acknowledge and agree that 3warnings is not liable for any damages, complaints or claims arising out of or in connection with your use of third party websites.

Access to the Service

A. Subject to your compliance with these Terms of Service, 3warnings grants you permission to use the Service, provided that: (i) Use of the Service is permitted solely for your personal use, and you are not permitted to resell or charge others for your use of or access to the Service, or use it in any other manner inconsistent with these Terms of Service; (ii) You will not duplicate, transfer, access, copy or distribute any portion of the Service in any manner without 3warnings’s prior written authorization; (iii) You will not attempt to reverse engineer, alter or modify any portion of the Service; (iv) You will comply with the terms and conditions of this document.

B. In order to access and use the features of the Service, you acknowledge and agree that you must provide 3warnings with the personal data necessary for the proper functioning of the Service. These personal data are protected by Spanish and European legislation. You can consult everything related to the personal data we collect and your rights on this website. You are solely responsible for the messages and files you send through the app, and are shown in it to its recipients, as well as your profile data, which will appear in the app to your contacts. Although 3warnings will not be liable for losses caused by unauthorized use of your account, you may be liable for losses caused to 3warnings or others due to such misuse.

C. 3warnings’s app displays third-party advertising to generate revenue. Such advertisements may link to third party websites. 3warnings has no control over such advertisements, and accepts no responsibility for any third party content. You understand that these ads are necessary for 3warnings, and you agree that they may be displayed on 3warnings’s app.

D. You agree not to use or run any automatic systems, including without limitation, “robots”, “spiders”, “offline readers”, etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc.., who access the Service so that they send more request messages to 3warnings’s servers in a given period of time than what a human reasonably produces in the same period using 3warnings’s application, and you are prohibited from obtaining the content, except as expressly authorized by 3warnings in advance and in writing. Notwithstanding the foregoing, 3warnings grants public search engine operators permission to use spiders to copy material from the Site for the sole purpose of creating public content search indexes, but not archives of such content. 3warnings reserves the right to revoke these exceptions, generally or in specific cases. Although we do not disallow the use of sniffers or crawlers such as Ethereal, tcpdump or HTTPWatch in general, we disallow any effort to reverse engineer our systems, our protocols, or scan requests other than those normally made by our app client software. We also disallow application modification tools such as fiddler, whisker or the like, or any similar tool intended to explore or damage, penetrate or test the web. You must ensure that you obtain our permission before measuring, testing, checking or monitoring any network equipment, server or asset hosted on our domain. You agree not to obtain or attempt to obtain any personally identifiable information, including e-mail accounts, from the Service, or to use the Service’s communications systems for any commercial, advertising, or mass mailing purposes. You agree not to spam or solicit for any commercial purpose users of the Service.

E. 3warnings accesses your address book to show you in the app a list of your contacts who are users of 3warnings. Consequently, your user will be shown in the contact lists of the app of other users, and therefore, they will be able to send you messages and files. You may receive unwanted messages and files, but to fix this, you can block the users you need, to avoid receiving their messages and files. You also have the option of unlocking them at your discretion. You accept the possibility of being exposed to this situation, and you understand and accept that 3warnings is not responsible in any way in this respect. If you do not want to be exposed to this situation, do not use the 3warnings service.

F. When sending photos, videos, audios or other files to your contacts, 3warnings uses your Google Drive user account to store those files, and share them with their recipients. You agree that 3warnings may use your Google Drive account for these purposes.

G. 3warnings continuously develops improvements and new functionalities in its services. You understand and agree that 3warnings may make changes to its services.

H. Devices and software. You must provide certain devices, software and data connections that we do not provide in order to use our Services. You also agree to download and install updates to our Services, either manually or automatically. You also agree that we may send you notices from time to time, as necessary to provide you with our Services.

I. Charges and taxes. You are responsible for your mobile operator’s data plan costs, data plans, as well as any other fees and taxes associated with the use of our Services.

J. Inappropriate advertising content. When an advertiser creates an ad on our platform, it is automatically monitored by Artificial Intelligence to verify that it complies with our policies. However, this process is not foolproof, so it may accept ads with inappropriate content. Therefore, it is possible that our app will display inappropriate ads. You understand and accept this, and you will not take any legal action against 3warnings for it. The advertiser himself is responsible for the publication of an advertisement. You understand and agree that 3warnings cannot ensure that all advertisements are appropriate.

Acceptable use of our Services

Our Conditions and Policies. You must use our Services in accordance with our Terms and Policies. If you violate our Terms or Policies, we may take action with respect to your account, including disabling or suspending your account, in which case you will not create another account without our permission.

Lawful and Acceptable Use. You must access and use our Services only for lawful, authorized and acceptable purposes. You will not use (or assist others to use) our Services in ways that: (b) are unlawful, obscene, defamatory, threatening, intimidating, harassing, aggressive, racially or ethnically offensive, or that promote or encourage conduct that would be unlawful, or otherwise inappropriate, including the promotion of violent crime; (c) involve the posting of falsehoods, misrepresentations, or deceptive statements; (d) impersonate another person; (e) involve the sending of illegal or inadmissible communications, such as bulk messaging, automated messaging, automated dialing, and similar methodologies; or (f) involve any other non-personal use of our Services unless we authorize otherwise.

Damage to 3warnings or our users. You must not (and must not assist others), directly or indirectly, or by automated or other means, access, use, copy, adapt, modify, create derivative works from our Services, or distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in ways that are inadmissible or unauthorized, or in ways that affect, injure, or damage us, our Services, our systems, our users, or others. Nor should you, directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile or extract code from our Services; (b) send, store or transmit a virus or other harmful computer code through or on our Services; (c) obtain or attempt to obtain unauthorized access to our Services or systems; (d) interfere with or affect the protection, security or performance of our Services; (e) create accounts for our Services by automated or unauthorized means; (f) collect information about our users in any way that is inadmissible or unauthorized; (g) sell, resell, rent or charge for our Services in an unauthorized manner; (h) distribute or make available our Services on a network where they could be used on multiple devices at the same time, except as expressly authorized by tools we provide on our Services; or (i) create software or application programming interfaces (APIs) that work much like our Services and offer them in an unauthorized manner to third parties for use.

Maintain the security of your account. You are responsible for maintaining the security of your device and your 3warnings account, and you must prevent any unauthorized use or security breach of your account or our Services.

Licenses

Your rights. 3warnings does not claim ownership of the information you submit for your 3warnings account or through our Services. You must have the necessary rights to the information you submit for your 3warnings account or through our Services, as well as the right to grant the rights and licenses in our Terms.

3warnings Rights. We own all copyrighted content, trademarks, domains, logos, commercial images, trade secrets, patents and other intellectual property rights associated with our Services. You may not use our copyrighted content, trademarks, domains, logos, commercial images, patents, or other intellectual property rights, unless we expressly grant you permission to do so.

Your license to 3warnings. In order to operate and provide our Services, you grant 3warnings an international, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the information (including content) that you upload, submit, store, send or receive through our Services. The rights you grant under this license are for the limited purpose of operating and providing our Services (such as allowing us to display your profile picture, transmit your messages, etc.).

3warnings’s license to you. We grant you a limited, revocable, non-exclusive license that may not be sublicensed or transferred to use our Services, subject to our Terms. This license is granted for the sole purpose of enabling you to use our Services, in the manner set forth in our Terms. You will not be granted any licenses or rights by implication or otherwise, except for the licenses and rights expressly granted to you.

Violations of third parties’ copyrights, trademarks or other intellectual property rights. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual or industrial property rights of others.

Intellectual Property Rights

The design of the 3warnings Service as well as the content created by 3warnings (text, code, graphics, interactive features and others), except for User Content (defined below), and the trademarks, service marks and logos contained therein (“Trademarks”) are the property of 3warnings, or their use has been authorized to 3warnings, subject to copyright and other intellectual property rights under Spanish, foreign laws and international treaties. The Service is provided to you AS-IS for your personal information and use only. 3warnings reserves all rights not expressly granted herein. You agree not to use, copy or distribute any of the Service beyond what is permitted herein, including any use, copying or distribution of third party User Content obtained through the Service for any commercial purpose.

User Content

A. The 3warnings Service allows users to send text messages to their contacts, send them photos and files, create user groups, assign those groups a name and a profile picture, and invite other users to those groups. These actions in turn generate automatic sending of information to manage the sending of messages and files, the visibility of groups to invited users, the management of such invitations, group notifications, and so on. All this information sent by you, plus the automatic management information, are considered ‘User Content’.

B. You are solely responsible for your own User Content and the consequences of publishing it. As 3warnings acts as a data repository, the User Submissions do not necessarily represent the views or opinions of 3warnings, and 3warnings does not guarantee the validity, accuracy or legal status of any User Submissions. With respect to your User Content, you affirm, represent, and/or warrant that: (i) you have the necessary licenses, rights, consents and permissions to use and authorize 3warnings to use all patents, trademarks, trade secrets, copyrights and other proprietary rights in each and every User Submission to enable the inclusion and use of User Content in the manner contemplated by the Service in its Terms; (ii) You have the written consent, the release of rights, or the permission of any and all individually identifiable persons in your User Content to use the name or likeness of any and all such persons to enable the inclusion and use in submissions of User Content in the manner contemplated by the Service and these Terms of Service. To be clear: You retain all proprietary rights in your User Content, but you must have such rights in advance. However, by submitting User Content to 3warnings, you hereby grant 3warnings a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display, and perform User Content Submissions in connection with the 3warnings Service and its businesses, including without limitation the promotion and redistribution of part or all of the 3warnings Service (including derivative works) in any media format and through any media channel. You also grant each recipient of your User Content submissions on the 3warnings Service a non-exclusive license to access, modify, share or forward your User Content through the Service.

C. In relation to User Content, you agree that you: (i) You will not send material protected by copyright, trade secret, or other proprietary rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from the legal owner to send the material and grant 3warnings all of the license rights granted herein; (ii) You will not post falsehoods or misrepresentations that could harm 3warnings or any third party; (iii) You will not post unlawful, obscene, defamatory, threatening, harassing, hateful, racially or ethnically offensive material, or conduct that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise be inappropriate; or (iv) You will not post any material that is unlawful, obscene, defamatory, threatening, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise be inappropriate; (iv) You will not send advertisements, publicity, or business solicitations; (v) You will not impersonate another person; (vi) You will not send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (vii) You will not interfere with or disrupt the integrity or performance of the Service or the data contained therein; (viii) You will not attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content must be identified as such. 3warnings does not endorse any user content or any opinion, recommendation or advice expressed therein, and 3warnings expressly disclaims any and all liability in connection with user content. 3warnings does not permit copyright infringing activities or infringement of intellectual property rights through its service. 3warnings may terminate a user’s access to the service, for any reason or no reason, without notice and at its sole discretion.

E. You understand that by using the 3warnings Service you will be exposed to User Content from a variety of sources, and that 3warnings is not responsible for the accuracy, usefulness, security or intellectual property rights of or relating to such state submissions, and that such User Content is not the responsibility of 3warnings. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby waive, any legal or equitable rights or remedies you have or may have against 3warnings with respect thereto, and you agree to indemnify and hold 3warnings, its officers, directors, employees, agents, affiliates and/or licensors, without prejudice to the fullest extent permitted by law with respect to all matters relating to your use of the 3warnings service.

F. 3warnings permits you to link to materials on the Service only for personal purposes. 3warnings reserves the right to discontinue any aspect of the 3warnings Service at any time.

Restricted Content

3warnings does not accept, and the user agrees not to include, content of the following types:

  • Explicit sexual content, such as: Representations of sexual activities or sexually suggestive postures; promotional images of erotic toys; promotion of explicit sexual content generated by users; content that represents, describes or encourages zoophilia; applications that promote services related to prostitution or that offer sexual favors in exchange for some kind of gratification.

  • Child sexual abuse

  • Violence or dangerous activities, such as: graphic representations or descriptions of actual violence, as well as violent threats towards any person or animal; content of terrorist groups documenting their attacks; instructions to engage in violent activities, including the manufacture of weapons or explosives; instructions to commit suicide; applications promoting self-harm.

  • Threats, harassment, ridicule of persons or abuse

  • Promotion of hatred on grounds such as race or ethnic origin, religion, disability, sex, age, nationality, military veteran status, sexual orientation or gender identity

  • Content that seeks to derive benefit from events of a sensitive nature, such as a natural disaster, atrocity, conflict, death or any other tragic event, or that treats these matters with a reasonable lack of sensitivity.

  • Gambling

  • Content that facilitates or promotes illegal activities, such as: Facilitating or encouraging the unauthorized purchase or sale of illegal drugs or prescription drugs; representing or encouraging the consumption or sale of drugs, alcohol, or tobacco by minors; instructions for cultivating or processing illegal drugs

Liability Waiver Warranty

YOU AGREE THAT YOUR USE OF THE 3warnings SERVICE WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 3warnings, ITS DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. 3warnings MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS SERVICE AND ASSUMES NO LIABILITY FOR ERRORS (I) IN OR INACCURACIES IN THE CONTENT, (II) PERSONAL INJURY OR DAMAGE, OF WHATEVER NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY ERRORS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH OUR SERVICE THROUGH THE ACTIONS OF THIRD PARTIES, AND/OR (V) ANY ERROR OR OMISSION IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT DISPLAYED, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. 3warnings DOES NOT WARRANT, APPROVE, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 3warnings SERVICE OR ANY LINKED WEBSITE OR PRESENTED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND 3warnings SHALL NOT BE PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR CONTROLLING TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEANS, YOU MUST USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS ONLY FOR FUN.

WE WILL MAKE ALL REASONABLE EFFORTS TO PROVIDE OUR SERVICES TO YOU AND MAINTAIN A SAFE AND ERROR-FREE ENVIRONMENT. HOWEVER, WE DO NOT GUARANTEE THAT 3warnings WILL ALWAYS OPERATE WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS. YOU ASSUME RESPONSIBILITY FOR THE USE OF OUR SERVICES, SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ABSENCE OF ANY COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE OR USEFUL, THAT OUR SERVICES ARE OPERATIONAL, ERROR-FREE, SECURE OR SAFE, OR THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTION, DELAY OR IMPERFECTION. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO MONITOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES AND OUR AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS (COLLECTIVELY, THE “3warnings PARTIES”) FROM ANY AND ALL KNOWN OR UNKNOWN CLAIMS, DEMANDS, DEMANDS, OR DISPUTES (COLLECTIVELY, “CLAIMS”) AND DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY. IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT, THE ABOVE DISCLAIMER WILL NOT MODIFY YOUR RIGHTS WITH RESPECT TO 3warnings.

Limitation of liability

IN NO EVENT WILL 3warnings, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ERRORS (I) ERROR OR INACCURACIES IN THE CONTENT, (II) PERSONAL INJURY OR DAMAGE TO PROPERTY, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY ERRORS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED OR ON OUR SERVICE BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAIL, TRANSMITTED, OR MADE AVAILABLE THROUGH THE 3warnings SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT 3warnings ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) DISCLOSURE OF INFORMATION IN ACCORDANCE WITH THESE TERMS OF SERVICE OR PRIVACY POLICY. THE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT 3warnings WILL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL BEHAVIOR OF ANY THIRD PARTY AND THAT THE RISK OF DAMAGE OR DAMAGE FROM THE FOREGOING IS EXCLUSIVE WITH YOU.

The Service is controlled and offered by 3warnings from its facilities in Spain. 3warnings makes no representation that the 3warnings Service is appropriate or available for use in other locations. Those who access or use the 3warnings Service from other countries do so on their own free will and are responsible for complying with local laws.

Indemnification

You agree to defend, indemnify and hold harmless 3warnings, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including but not limited to attorneys’ fees) arising out of: (i) your use of and access to the 3warnings Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, proprietary or privacy rights; or (iv) any claim of your User Content that causes damage to a third party. This obligation to defend and indemnify shall survive these Terms of Service and your use of the 3warnings Service. We do not endorse or encourage the illegal consumption of alcohol, tobacco, or any other illegal activity.

If anyone files a claim (“Third Party Claim”) against us relating to your actions, your information, or your content on 3warnings, you will indemnify and hold 3warnings harmless, to the fullest extent permitted by law, for any liability, damage, loss, and expense (including reasonable legal fees and costs) arising in connection with or in any way connected with the following: (a) your access to or use of our Services, including any information provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any false statements you make. You will cooperate to the extent requested by us in the defense or resolution of any Third Party Claim. If the laws of your country of residence, applicable as a result of your use of our Services, do not permit it, the foregoing indemnification will not modify your rights with respect to 3warnings.

Availability and cancellation of our Services

Availability of our Services. We are constantly trying to improve our Services, so we may add or remove some of them, as well as functions, functionality and compatibility with certain devices or platforms. Our Services may be interrupted, among other reasons, due to maintenance, repairs, upgrades, or equipment or network errors. We may discontinue some or all of our Services, including certain features, and cease to support the use of certain devices and platforms at any time. Whenever possible, we will attempt to have these changes made after a 30-day notice period. Our Services may be affected by events beyond our control, such as events of nature or other force majeure.

Cancellation. Although we hope that you will continue to be a 3warnings user, you can delete your account at any time to cancel your relationship with 3warnings for any reason.

We may also modify, suspend or terminate your access to or use of our Services at any time if we become aware of suspicious or illegal conduct, including fraud, or if we have reason to believe that you have violated our Terms or created any harm, risk or legal exposure to us, our users or others. The following provisions shall survive termination of your relationship with 3warnings: “Licenses”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Availability and Termination of our Services”, “Other Provisions”.

Other Provisions

Unless otherwise provided in a mutual agreement between you and us, our Terms constitute the entire agreement between you and us with respect to 3warnings and our Services, and supersede any prior agreements.

  • We reserve the right to determine in the future that some of our Services will be governed by separate terms (which you may accept separately as appropriate).

  • Our Services are not intended to be distributed or used in countries where their distribution or use would violate local law or subject us to the regulations of another country. We reserve the right to limit our Services in any country.

  • You will comply with all applicable export control laws and trade sanctions of the United States and other countries (“Export Laws”). You will not export, re-export, provide or otherwise transfer, directly or indirectly, our Services: (a) to a person, entity, or country prohibited by export laws; (b) to any person on a U.S. or other government restricted parts list; or (c) for any purpose prohibited by export laws, including nuclear, chemical, or biological weapons, or missile technology applications, without necessary government authorizations. You will not use or download our Services if you are in a restricted country, if you are currently on the U.S. or other country restricted parts list, or if you intend to achieve any purpose prohibited under the Export Laws. Nor will you hide your location using IP proxies or other methods.

  • Any modification or waiver of our Terms requires our express consent. You have the right to terminate your relationship with 3warnings at any time by removing your account.

  • We may modify or update these Terms. We will also update the date in the “Last Modified” field at the top of the Terms. Changes will be effective immediately. If you continue to use our Services after the changes, you will be accepting the relevant amended Terms. We hope that you will continue to use 3warnings. However, if you do not accept our Terms and any changes to them, you will have to delete your account to stop using our Services.

  • We may freely assign all of our rights and obligations under these Terms to our affiliates or in connection with the merger, acquisition, restructuring or sale of assets, or by operation of law or otherwise. We may also transfer your information to any of our affiliates, to successor entities or to a new owner. In the event of such an assignment, these Terms will continue to govern your relationship with the third party who receives our rights and obligations. We hope that you will continue to use 3warnings. However, if you do not accept this assignment, you should delete your account to stop using our Services.

  • You will not transfer any of your rights or obligations under our Terms to any third party without our prior written consent.

  • Nothing in our Terms shall prevent us from complying with the law.

  • Except as provided herein, our Terms do not grant any beneficiary rights to any third party.

  • If we are unable to enforce any of our Conditions, this shall not be considered a waiver.

  • If any provision of these Terms is held to be unlawful or void or unenforceable for any reason, that provision may be excluded from our Terms and shall not affect the validity and enforceability of the remaining provisions contained therein, so that the remaining part of our Terms shall remain in full force and effect.

  • We reserve all rights not expressly granted to you. In certain jurisdictions, you may have legal rights as a consumer. Our Terms are not intended to limit these rights, which cannot be waived by contract. In addition, in certain jurisdictions, you may have legal rights with respect to your personal data. Our Terms are not intended to limit these rights, which cannot be waived by contract.

  • We always value your comments or suggestions about 3warnings and our Services, but you should understand that you have no obligation to provide us with comments or suggestions, and that we may use them without having to compensate you for them.

Ability to accept the Terms of Service

You represent that you are of legal age, and are fully capable and competent to accept the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service and to abide by and comply with these Terms of Service. In any case, you affirm that you are of legal age, as the 3warnings Service is not intended for minors. If you are a minor, you are not allowed to use the 3warnings Service.

Assignment

These Terms of Service, and the rights and licenses granted herein, may not be transferred or assigned by you, but may be assigned by 3warnings without restriction.

General

The user agrees that: (i) the 3warnings Service shall be deemed to be based solely on Madrid; (ii) the 3warnings Service shall be deemed to be a passive server that does not give rise to personal jurisdiction over 3warnings, whether specific or general, in jurisdictions other than Madrid; and (iii) that you agree to submit to the jurisdiction of Madrid, in the event of any legal dispute. These Terms of Service shall be governed by the laws of Spain. Any claim or dispute between you and 3warnings arising in whole or in part from the 3warnings Service shall be resolved exclusively by a court of competent jurisdiction located in Madrid, Spain. These Terms of Service, together with the Privacy Policy and other legal notices posted by 3warnings, including, but not limited to, an end user license agreement, shall constitute the entire agreement between you and 3warnings with respect to the 3warnings Service. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and 3warnings’s failure to enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 3warnings reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised terms, your sole remedy is to discontinue use of the 3warnings Service. Your continued use of the 3warnings Service following any modification of these Terms of Service will signify your consent and acceptance of the revised terms. YOU AND 3warnings AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE 3warnings SERVICE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE REASON WHICH CAUSED IT. OTHERWISE, SUCH ACTION SHALL PERMANENTLY LAPSE.

Google Policies

3warnings uses various Google technologies to run its application, so it must comply with the following Google Policies:

  • Google Developer Policies, available at https://play.google.com/about/developer-content-policy-print/
  • Distribution Agreement for Google Play Developers, available at https://play.google.com/intl/ALL_en/about/developer-distribution-agreement.html
  • Google Cloud Policies, available at https://cloud.google.com/terms/
  • Android Terms and Conditions, available at https://developer.android.com/legal.html
  • Android Studio Terms and Conditions, available at: https://developer.android.com/studio/terms.html

You understand and agree that 3warnings will comply with these and other Google policies.

Acceptable Use Policy

Use of the Service is subject to this Acceptable Use Policy.

You agree not to use the Service or permit any third party to use the Service:

  • To violate, or encourage the violation of the legal rights of others (for example, this may include the infringement or misappropriation of the intellectual property rights of others in violation of the Digital Millennium Copyright Act);

  • To engage in, promote, or encourage illegal activity;

  • For any illegal, invasive, defamatory, or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme, or mirroring a website);

  • To intentionally distribute viruses, worms, Trojan horses, damaged files, false alarms or other items of a destructive or deceptive nature;

  • Interfering with the use of the Services, or the equipment used to provide the Services, by customers, authorized distributors, or other authorized users;

  • Deactivate, interfere with or circumvent any aspect of the Services;

  • To generate, distribute, publish or facilitate unsolicited bulk email, promotions, advertisements or other solicitations (“spam”);

  • To use the Services, or any interfaces provided with the Services, to access any other Google product or service in a manner that violates the terms of service of any other Google product or service.

Privacy Policy

The 3warnings Privacy Policy forms part of the Terms and Conditions of use of the 3warnings service. By using the service, you agree to our Privacy Policy. You can consult our Privacy Policy on our website.

Personal Data Protection EU-RGPD

Your personal data is protected by the European Data Protection Regulation. You can consult and exercise your personal data rights on our website.

Access to 3warnings’s Terms and Conditions in other languages

If there is any inconsistency between the different language versions of this document, the Spanish version will be considered the correct one.