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TERMS AND CONDITIONS

LEGAL INFORMATION

In compliance with Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, we inform that: 

  • Identity: ONIRIA STUDIOS S.L

  • CIF: B10697316

  •  Address: Calle Eduardo Ibarra, 6 - LOC, Zaragoza, 50009 , Zaragoza, Spain

PURPOSE

The current General Conditions regulate the use of the services of the Internet website tikitup.net, its domains and applications, including the access without identification of the user.

Any person that accesses this web (‘User”) agrees to be subjected to the valid General Conditions at every moment in which he/she accesses the web.

TIKITUP reserves the right to modify, at any time and without prior notice, the presentation and configuration of the portal tikitup.net as well as the present General Conditions.

3. AS A USER, YOU ACCEPT THAT YOU

Will only be able to use the website for legally valid purposes. 

Will not be able to carry out any speculative, false or fraudulent request. If there are reasonable grounds to consider that a request of this nature has been carried out TIKITUP will be authorised to cancel it and inform the relevant authorities.  

Will be obliged to provide in a true and correct way your email address and other contact details.

By ways of example, and not as a limitation, you agree NOT to use TIKITUP Services to:

  • To abuse, harass, threaten, impersonate or intimidate other TIKITUP users.

  • To contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party.

  • For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all Spanish and European laws regarding online conduct and acceptable content.

  • To post or deliver, or aid the publication or distribution of any communication or request designed or intended to obtain the password, account, or private information of any TIKITUP user.

  • To create or submit unwanted email ("Spam") to any other TIKITUP users or any URL.

  • To violate any laws applicable in your valid jurisdiction (including, but not limited to, copyright laws).

  • Will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. 

  • To submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material.

Are the only responsible to correctly use your passwords and will keep the necessary measures to ensure their correct management.

Will not take any action that imposes or may impose, in our discretion, an unreasonable or disproportionate charge against our infrastructure; interfere or intend to interfere with the correct performance of the Site or in any activities that are carried out in it; or may dodge any measures that we could have implemented to prevent or limit the access to the Site. 

When carrying out a request on the website, you guarantee that you are older than 18 years old, and in case of being younger, you must have the consent of your legal guardian. 

4. DESCRIPTION OF SERVICE

TIKITUP may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. TIKITUP may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

The contents of the TIKITUP site, such as text, graphics, images and other material contained on the site ("Content") are for informational purposes only.

5. NAVIGATION AND IP

While browsing our platform, the IP address of the equipment is recorded. This data will be used to make statistics of the use of the platform and to register access and control. This information is essential for the operation and security of the platform.

6. DATA PROTECTION

TIKITUP is committed to the use of the data obtained from this website and Applications to respect their confidentiality and to use them in accordance with their purpose, as well as to comply with its obligation to save them and to adapt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the provisions of Regulation EU 2016/679, of the European Parliament and of the Council of 27 April 2016 (GDPR) and Organic Law 3/2018, of 5 December, Protection of Personal Data and Guarantee of Digital Rights.

The User guarantees that the personal data provided are true, being obliged to communicate any modification of them. Likewise, the User guarantees that all the information provided corresponds to his/her real situation, that it is updated and accurate. Furthermore, the User is obliged to keep his/her data updated at all times, being the only person responsible for the inaccuracy or falsehood of the data provided and for the damages that may be caused to TIKITUP as the owner of the portal or to third parties due to the use of such data.

Similarly, the User has access at all times to modify, edit or delete the information provided, as well as to manage his/her cancellation directly, or by means of a request addressed to the contact shown in the Contact Addresses section or by writing to dpo@oniriastudios.com together with a copy of his/her ID card or equivalent document.

For further information on our data protection policy and rights, please consult here:

privacy and data protection.

7. PATIENT DATA REGULATORY COMPLIANCE

You declare and warrant that you will comply with all laws that apply directly or indirectly to you at all times during the term of this Agreement and thereafter that may govern the collection, use, transmission, treatment, receipt, reporting, disclosure, preservation and storage of Patient Information now or in the future. You also declare and warrant that you will do your best efforts to ensure that the persons or entities under your command also comply with such laws. You are solely responsible for the collection and retention of patient consent, at all times during the term of this Agreement and thereafter, if applicable, and for any other consents or permissions necessary or advisable for the disclosure, treatment, retrieval, transmission and inspection of Patient Information you transmit, store or receive in connection with the Site, the Materials and the third party site.

TIKITUP ASSUMES NO RESPONSIBILITY FOR THE LAWFUL OR UNLAWFUL USE YOU MAY MAKE OF INFORMATION DISTRIBUTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE AND MATERIALS.

8. INTELLECTUAL PROPERTY RIGHTS

Through these General Conditions no intellectual or industrial property rights are transferred on the platform tikitup.net, or any of its components, being expressly prohibited to the User the reproduction, transformation, distribution, public communication, making available to the public, extraction, reuse, reshipment or use of any kind, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.

The user knows and accepts that the entire website, containing without limitation the text, software, content (including structure, selection, arrangement and presentation thereof) photographs, audiovisual material and graphics, is protected by trademarks, copyright and other legitimate rights registered, in accordance with international treaties to which Spain is a party and other property rights and laws of Spain.

9. COPYRIGHT

TIKITUP respects the intellectual property of others and its policy is to respond promptly to any claims of copyright and other intellectual property violations. TIKITUP will promptly process and investigate any notifications of alleged violations and take appropriate action.

If you would like to report a copyright infringement, please send an email to TIKITUP at tikitup@oniriastudios.com. In case of deleting content or preventing access to it due to a notification of copyright violation, we will make reasonable efforts to contact the owner or administrator of the affected site or content.

10. FILE SHARING RESPONSIBILITY

Our Services allow you to share your content with other people, so we recommend the utmost caution when deciding what kind of things you want to share and in any case check if you have the consent to share if it is personal data of a third party.

11. GOVERNING LAW & JURISDICTION

The litigious issues that could arise from the application, compliance or interpretation of these Conditions, as well as the relationship between the User and TIKITUP will be governed by Spanish laws. Both TIKITUP and the User accept to be expressly subject to the exclusive competence of the Courts and Tribunals of the city of Zaragoza.

Version of September 02, 2022

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