This legal notice and information (from now on, legal notice) regulates the use of the website "www.kidsme.es" (from now on, "website") which Kids me Univers, SL (from now on, Kidsme) offers to Internet users.
The use of the website give the user the conditions of user of the website (from now on, user) and implies the fully acceptance and without reservation of each and every one of the provisions included in the legal notice in the version published by KIDS ME at the time that the user access the website. Consequently, the user has to read carefully this legal notice every time he wants to use de website, because it can be modified.
The use of certain services offered to the users by the website is subject to particular own conditions (from now on, particular conditions), which, depending on the case, replace, complete and/or modify this legal notice. For this reason, before using these services, the user should also read carefully these particular conditions.
Moreover, the use of the website is also subject to every notices, regulations of use and instructions, should be brought to kidsme user attention that hey replace, complete and/or modify this legal notice.
The subject of the contract
Through the website, KIDS ME offers to users the access an the use of different services, products and contents (from now on, services) provided by KIDS ME or by a third party.
Access and use condition of the website
1. Free access and use of the website
The provision of the services, by KIDS ME, is free for users. Nonetheless, some of the services provided by KIDS ME or by third parties through the website are subject to the payment of a price specified in its particular conditions. logos Facebook, twitter, Pinterest y YouTube
2. User register
In general, the offer of the services doesn't demand the previous subscription or register of the users. Nonetheless, KIDS ME makes compulsory the previous register of the user before using some services. This register is available for everyone who wants to register to the website. Moreover, KIDS ME offers the users some services that requires to fill in additional register forms to use them. The mentioned register will be processed in the way exposed in the specific service or in the particular conditions that regulate it.
3. the veracity of the information
Every piece of information given by the user to KIDS ME should be truth. For this purpose, the user guarantees the veracity of every data written in the register form needed to be filled in to subscribe to the services. Likewise, it will be the responsibility of the user to keep all the information given to KIDS ME always updated so that, at all times, it reflects the true status of the user. In any case, the user will be the one responsible for the inexact or false manifestations he gave and the damages caused to KIDS ME or third parties by the given information.
4. Under age users
To use the services minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by children in their care. Full responsibility for determining which contents minors have access to, and which specific services they may use, will correspond to the adults who are legally in charge of the minor. As the Internet allows minors to have access to contents which are not suitable for them, we would like to inform our users that there are some mechanisms, such as software for blocking and filtering, which will allow to limit the available contents and, although they are not infallible, they are particularly useful to control and restrict the material that can be accessed by minors.
5. Obligation to make proper use of the website an the services
The user promises to use the website and its services in accordance with the law, this legal notice, the particular conditions of some services and other notices, regulations of use and instructions to his knowledge, as well as morality and generally accepted principles of morality and public order.
To this end, the user will abstain from using any of the services for illegal or prohibited purposes or effects according to this legal notice, causing damage to the rights and interests of third parties, or in any way may cause damage, render useless, overload, deteriorate or prevent from the normal use of the services, the informatics equipment or the documents, files or any type of contents saved in any informatics equipment (hacking) of KIDS ME, of other users or any internet user (hardware and software).
Particularly, as an indication and not an exhaustiveness, the User promises not to transmit, making public or make available for third parties information, data, contents, messages, images, pictures, sound or image files, photographs, recordings, software and, in general, any kind of material that:
"a. In anyway can be contrary to, disparages or attempts against fundamental rights or public liberties established constitutionally by international treaties and any kind of legislation; b. induce, incite or foster criminal, degrading, defamatory, defaming, violent actions or whatsoever in general are contrary to the law, to ethics and to the good behaviour generally accepted or to the public order; c. induce, incite or foster actions or thoughts which discriminate on ground of sex, race, religion, believing, age or condition; d. include, make available or allow the access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, demeaning or, in general, are contrary to the law, to ethics and to the good behaviour generally accepted or to the public order; e. induce or can induce to an unacceptable state of anxiety or fear; induce or incite to involve in dangerous, risky or damaging practices for health and for the psychological well-being; g. are false, ambiguous, exaggerated or untimely so that they induce o may induce to a misunderstanding about their aim or about their intentions or purposes of the communicator; h. be protected by whatever right of the intellectual or industrial property rights that belong to a third party, without the previous and necessary authorisation of the owners to the user to use it in a way that he wants to use it or that he pretends to use it; i. violate commercial secrets of third parties; j. are against to the right, the honour or the personal and familiar intimacy or to the personal image of the people; k. in any way undermines the good name of KIDS ME or any third parties; l. infringe regulations on privacy of communications; m. constitutes illegal, deceptive or unfair advertising and in general which constitutes unfair competition; n. have any virus or other physical or electronic elements which may damage or prevent the normal operation of the not, the system or the informatics equipment's (hardware and software) of KIDS ME or any third parties or that may damage the electronic documents and files stored in these informatics equipment; o. cause by their characteristics (such as, format, extension, etc.) any difficulty in the normal operation of the service; p. include HTML tag different from those ones authorised by KIDS ME."
6. Obligation to use the contents correctly
According to what is said in the clause 3.5, the user promises to use the contents available for the users in the website, which are, including but not limited to, texts, images, graphs, pictures, icons, technology, software, links and other audiovisual or sound contents, in addition to the graphic design and source code (from now on, contents), according to the law, this legal notice, the particular conditions of some services and other notices, regulations of use and instructions to his knowledge, as well as morality and generally accepted principles of morality and public order and, particular, agrees to abstain from:
(a) reproduce, copy, distribute, make available or in any way make public, change or modify the contents, unless he has the previous authorisation from the owner of the rights or it is legally allowed; (b) delete, manipulate or in any way alterate the "copyright" and other data which identify the reservation of rights by KIDS ME or its owners, of digital fingerprints or any other technical means provided for their recognition. The user will abstain from obtaining and even trying to obtain contents by means or procedures other than those, as the case may be, made available to him or her for this purpose or those indicated for this purpose on the website where the contents can be found or, in general, those normally used on the Internet for this purpose, as long as they do not pose a risk of damage or of being rendered useless to the website, the services and/or the Contents.
7. Use of the services offered by the website in accordance with the anti-spamming policy of KIDS ME
The user undertakes to abstain from:
(i) Compile data for advertising purposes and send advertising of any type and communications for sales purposes or for any other commercial purpose, without reliance on a prior request or consent; (ii) send any message that have not been previously requested or accepted to several people; (iii) send chains of not requested electronic messages not previously withstood; (iv) use lists of distribution to which one could gain access across the Services to do activities pointed out in the paragraphs (i) a)above; (v) make available to third parties, with any purpose, data compiled by he distribution list.
Users or third parties damaged by the reception of non-requested messages delivered to several people can inform KIDS M by sending an email to the following email address: firstname.lastname@example.org.
8. Introduction to hyperlinks that allow access to the websites of the Website and the Services
Users and, in general, anyone who intend to establish a hyperlink between their web page and the Website (from now on, "hyperlink") must comply with the following conditions:
(a) the hyperlink only will allow the access to the home page of the website, but it cannot be reproduced it in ay way; (b) a frame about the website will not be created on the website; (c ) No false, inexact, incorrect or denigrating statement may be made in respect of KIDS ME, its directors, its employers, the website and services provided ; (d) it will not be stated or given to understood that KIDSME has authorised the hyperlink or that has supervised or assumed in any way the services offered or made available at the website in which the hyperlink is established; (e) except for the signs that are part of the link, the webpage on which the link is established shall not contain any brand, commercial name, establishment title, name, logotype, slogan or other distinctive signs belonging or relating to KIDS ME; (f) the webpage in which the link is established will neither contain illicit information or contents contrary to the moral and good manners, generally accepted, the public order and, also, will no contain contents contrary to any rights of third parties.
The establishment of link neither implies, in any way, the existence of any relation between KIDS ME and the owner of the page in which the link is established, nor the acceptance and approval, by KIDS ME of its contents or services.
All trademarks, trade names or logos of any type which appear on the web site are the property of KIDS ME or third parties, and it and it may not be construed that access or use of the website and/or the services grants the user any right over the mentioned brands, trade names and/or logos. Furthermore, the contents belong to KIDS ME or to third parties, without being understood that, in virtue of what is established in this legal notice, o operation rights which exist or may exist over these contents, over what is necessary for the correct use of the website and the services, may be construed as being granted to he user.
Exclusion of guarantees and of responsibility
1. Exclusion of guarantees and of responsibility for the functioning of the website and the Services
1.1. Availability and continuity, usability and fallibility
KIDS ME doesn't guarantee the availability an the continuity of the functioning of the website and the services. When it is reasonable possible, KIDS ME will previously warn about the interruption of the functioning of the website and the services. KIDS ME neither guarantees the usability of the website and the services for doing a specific activity, nor its fallibility and, particularly, although not in a exclusive way, that the users can use effectively the website and the services, access to different web sites of the website or to those from which the services are rendered.
KIDSME EXCLUDES, TO THE EXTENT PERMITTED BY THE LAW, ANY LIABILITY FOR THE DAMAGES OF ANY NATURE THAT MAYBE DUE TO HE LACK OF AVALABILITY OR CONTINUITY OF THEFNCTIONING OF THE WEBSITE AND TH SERVICES, TO THE DEFAUDING OF THE USEFULLNESS THAT THE USERS MAY HAVE ATTRIBUTED TO THE WEBSITE AND THE SERVICES, TO THE FALLIBILITY OF THE WESITE AND THE SERVICES, AND IN PARTICLAR, ALTHOUGH NOT EXCLUIVERLY, TO THE FAILURE IN THE ACCESS TO THE DIFFERENT WEB PAGES OF THE POTAL OR TO THOSE FROM WHICH THE SERVICES ARE RENDERED.
1.2. Privacy and safety in the use of the website and the services.
KIDS ME does not guarantee the privacy and the safety in the use of h website and the services and, in particular, does not guarantee that unauthorized third parties may not have knowledge of the type, conditions, characteristics and circumstances of the use the users make of the website and the services.
KIDS ME EXCLUDES ALL LIABILITY FOR THE DAMAGES O ANYNATURE HAT MAY BE DUE TO THE KNOWLEDGE THAT UNATHOIZED THIRD PARTIES MAY HAV OF THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF H USE THAT THE USERS MAKE OF THE WEBSITE AN THE SERVICES.
2. EXCLUSION OF GUARANTEES ANDLIABILITY FO THE CONTENTS
KIDS ME does not control o guarantee the absence of virus and other elements in the contents that may alter the informatics system (software and hardware) or in the electronic documents and files stored in its informatics system.
KIDS ME DOES NOT EXCLUDE, TO THE EXTENT PERMITTED BY THE LAW, ANY LIABLITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE PRESENCE OF VIRUS OR OTHER ELEMENTS IN HE CONTENTS THAT MAY ALTER THE INFORMATIC SYTEM, THE ELECTRONIC DOCUMENS O THE FILES OF THE USER.
2.2. Lawfulness, reliability and usefulness
KIDS ME does not guarantee the lawfulness, the reliability or the usefulness of the contents.
KIDS ME excludes, to the extents permitted by the law, any liability for the damages of any nature that may be due to the transmission, diffusion, storage, availability, reception, obtaining or access to the contents, and, in particular, although not exclusively, for the damages that may be due to: (a) non compliance with the law, morality, and generally accepted good manners or with the public order as a consequence of the transmission, difussion,storage, availability, reception, obtaining or access to the contents; (b) the infraction of the intellectual and industrial property rights, of the company secrets, of the contractual commitments of any kind, of the rights to the honour, personal an family intimacy, and to the image of the people, of the property rights, and of any other nature belonging to a third party as a consequence of the transmission, diffusion, storage, availability, reception, obtaining or access to the contents; (d) the lack of truth, accuracy, exhaustiveness, pertinence and /or currency of the contents; (e) the inadequacy for any kind of purpose of and defrauding of the expectations generated by the contents; (f) the non compliance, delay in compliance, defective compliance or the termination by any cause of the obligations contracted by third parties and contracts carried out with third parties through or with reason of the access to the contents; (g) the vices and defects of any kind of the transmitted, diffused, stored, made available or in any other way transmitted or made available, received, obtained or that have been accessed through the web portal or the services.
2.3. Truthfulness, accuracy, exhaustiveness and currency
KIDS ME does not guarantee the truthfulness and currency of the Contents.
KIDS ME excludes any liability for the damages of any nature that may be due to the lack of truthfulness, accuracy, exhaustiveness and/or currency of the contents.
3. Exclusion of guarantees and liability for the Services rendered by third parties through the Web Portal
KIDS ME does not guarantee the absence of virus or other elements in the Services rendered by third parties through the Web Site that may alter its informatics system (software and hardware) or in the electronic documents and files stored in its informatics system.
KIDS ME excludes any liability for the damages of any nature that may be due to the presence of virus or other harmful elements in the services rendered by third parties through the web portal that may alter the informatics system, electronic documents or the users’ files.
3.2. Lawfulness, reliability and usefulness
</>KIDS ME does not guarantee the lawfulness, reliability and usefulness of the Services rendered by third parties through the Web Site.
kids me excludes any liability for damages of any nature that may be due to services rendered by third parties through the web portal, and in particular, although not exclusively, for the damages that may be due to A) non compliance with the law, morality, and generally accepted proper consuetude, and Law and order as a consequence of services rendered by third parties through the web Site; (b) the infraction of the intellectual and industrial property rights, of the company secrets, of the contractual commitments of any kind, of the rights to the honour, Personal and family intimacy, and to the image of the people, of the property rights, and of any other nature belonging to a third party as a consequence of services rendered by third parties through the web portal; (c) performing disloyal competition actions and Illicit advertising as a consequence of the services rendered by third parties through The web site (d) the lack of truth, accuracy, exhaustiveness, pertinence and / or currency of the contents transmitted, diffused, stored, received, obtained, made available or accessible through services rendered by third parties through the web site (e) the inadequacy for any kind of purpose of and defrauding of the expectations generated by the services rendered by third parties through the web portal; (f) the non compliance, delay in compliance, defective compliance or the termination by any cause of the obligations contracted by third parties and contracts carried out with third parties through or with reason of the services rendered through the web portal; (g) the vices and defects of any kind of the of the services rendered by third parties through the web site.
4. Exclusion of the guarantees and liability for the information, contents and services and lodged out of the Web site
The web site makes available to the Users linking technical devices (such as, among other, links, banners, buttons), directories and search tools that allow the Users to access web sites belonging to and / or organized by third parties (from now on, Linked Sites). The installation of such links, directories and search tools has as only object to facilitate the search to the Users and the access to information, contents and services available in the Internet. KIDS ME does not offer or commercialize on its own or through third parties the information, contents and services available in the Linked Sites, nor does it control them previously, approve, observe or make them of its own. The User therefore, must be very prudent in the assessment and use of the information, contents and services that exist in the Linked Sites.
Kids me does not guarantee or assume any type of responsibility for damages of any kind that maybe due to: (A) the functioning, availability, accessibility or continuity of the Linked sites; (b) the maintenance of the information, contents and services existing in the Linked sites; (c) the rendering or transmission of the information, contents and existing Services in the linked sites; (d) the quality, lawfulness, reliability and usefulness of the information, contents and services existing in the linked sites, in the same terms and with the same scope set forth in general condition 5.2 and 5.3 regarding the contents and services rendered by third parties through the web site.
5. Exclusion of guarantees and responsibility for the use of the Web Portal, the Services and the Contents by the Users
KIDS ME has is not bound to or does it control the use the Users make of the Web site, and of the Services and of the Contents. In particular, KIDS ME does not guarantee that the Users use the Web site, the Services and the contents pursuant to this legal notice and, in its case, the Particular Conditions that are applicable, or that they do it diligently and prudently. KIDS ME does not either have the obligation either of verifying and it does not verify the Users’ identity, or the veracity, term, exhaustiveness and / or authenticity of the data the Users provide about themselves to other Users and/or in the Registration Questionnaires.
KIDS ME excludes any liability for damages of any nature that may be due to the use of the services and or the contents by the users or that may be due to the lack of truthfulness, term, exhaustiveness and/or authenticity of the information that the users provide to other users or enter in the registration questionnaires about themselves, and in particular, although not exclusively, for the damages of any nature that may be due to the impersonation of a third party carried out by a user in any kind of communication made through the web site.