TERMS & CONDITIONS OF USE OF THE APPLICATION "NEKUNO"
The purpose of this document is to establish the General Conditions of Use (hereinafter "GCU") of the mobile application called "NEKUNO" (hereinafter "APP") owned by "NEKUNO, SL.", With registered address at Calle Primavera de Praga, 11, local 11 (28030, Madrid), and CIF number B86255239, constituted for an indefinite period by means of a deed executed before the Madrid Notary D. Antonio de la Esperanza Rodriguez on July 27, 2011 Under number 4302 of the order of its protocol and registered in the Mercantile Register of Madrid, to volume 29.209, leaf M-525827, section 8, folio 58, inscription 1ª (hereinafter, the "Company").
1.- Description of the Services.
The Company offers through the APP various contents, services and initiatives (hereinafter, the "Services" or "Service") whose performance is conditioned to the full and unconditional acceptance by the user thereof (the " User "or" Users ") of each and every one of the present GCU, which is an essential condition to be able to use any of the existing Services or that are created or made available to the public in the future through the APP.
The acceptance of the present GCU confers the acceptor the attribution of user of the APP. The download, installation, execution and / or use of the APP, therefore, implies the reading, understanding and full and unreserved acceptance of each and every GCU in force at the time of downloading the APP.
The present GCU does not exclude the possibility that certain Services of the applications, by their particular characteristics, are subject, in addition to the GCU, to their own particular conditions of use (hereinafter referred to as "PCU"). In case it is so, in order to use any of the Services, the User must comply with the requirements that are further identified in the corresponding PCUs.
2.- Need for Registration.
The Company makes the APP available to the User, in the Apple App Store and in the Google Play Google Store, for download, as well as for its subsequent installation, execution and use on the compatible mobile devices that the User selects.
Access to the Services of the APP may require registration of the User. This registration will be made in the form expressly indicated in the APP itself or in the PCUs that are applicable to it.
3.- Rules of use of the APP
The User agrees to make use of the APP in accordance in good faith and the national and / or international standards where she/he is located and are applicable, especially in relation to any information, videos, audio, comments, data, texts, Photographs, software, scripts, graphics and interactive elements (hereinafter "Content" or "Contents") shared by the Company or by the User through the APP.
The User agrees not to include in the APP any Content that has any of the following characteristics:
Those whose intellectual or industrial or image rights belong to a third party, without express authorization for their use.
Those related to products or services whose advertising or promotion is prohibited by law or restricted to certain groups.
Those that are contrary to law, morality or public order.
Those offensive or qualifying for serious threats or insults.
Those that attack children or against property specially protected by the Spanish legal system.
- Any other Content that is harmful or that incites to violence or discrimination, in any way, in the opinion of the Company.
The APP is offered for download, installation and execution ‘as is’ at the time of use. The User agrees not to modify the APP in any way, nor to avoid, disable or interfere with the functions related to the security of the APP.
The Company has the right to delete and / or edit any Content of the APP that does not comply with applicable law, the obligations described in these GCUs or in the PCUs that may be considered inappropriate by the Company.
In the event that the User or any third party is aware of any breach of the provisions of the present GCU described herein or of any circumstance that could damage property, rights or interests protected, the User should immediately contact the Company sending an Email to"email@example.com" indicating the alleged violation or circumstance.
The Company, once it receives the communication, will use the utmost diligence in the attention and resolution of the same.
The account registered by the User for which any conduct contrary to the rules described in this GCU or in any PCU that may be applicable, or that has violated any other applicable regulations, may be immediately suspended, canceled or eliminated by the Company, even if there are only reasonable doubts or suspicions about the User’s activities. In the case the User account rights are terminated, the User will not be able to claim any compensation or payments from the Company. The User authorizes the Company to use, reproduce or communicate in any format the opinions expressed in the APP or any Content shared through the APP by the User. The Company may use such Content and information to produce aggregated and anonymous reports and share them with interested third parties in sending personalized commercial prospecting or conducting market studies.
4.- Conditions of use of the APP.
The Company grants the User a non-exclusive license of Installation, execution and use of the APP, whose main features are detailed below. The installation and execution of the APP, as well as the Services offered through it, may be subject to an economic consideration in the form and terms that, at any given time, the Company decides and announces, including the determination by the Company of the lack of cost for the installation, execution, and Services, if deemed appropriate. It is forbidden any commercial use, resale, distribution or commercialization in any form of any Contents of the APP or Services by the User or by any third party without prior and express authorization from the Company. The User must accept the necessary permissions for the download, installation, execution and use of the APP in its mobile device and will provide the data that may be requested in each case, guaranteeing its veracity and assuming any responsibilities arising from the possible falsehood of the information provided. The Company may request the granting of additional permits to carry out certain actions or enjoy certain functionalities. In case of lack of acceptance by the User of some of the permissions requested, the Company may suspend the provision of the Services with respect to said User. The APP will allow the User to perform different actions, including but not limited to:
- Access to any Social Networks (Facebook, Twitter, Google, Spotify, others...)
5.- Availability and continuity of the APP and the Services.
The Company will not be responsible, within the limits established in the current Legal Order, of any damages caused to the User as a consequence of the unavailability, failure of access and lack of continuity of the APP and the Services.
6.- Contents of the APP and third party services.
The Company does not previously review, approve, or make its own the Content shared by third parties, legal or physical entities, collected in the APP. Likewise, it does not guarantee the legality, reliability, usefulness, accuracy, completeness and timeliness of the Content, information and Services shared by third parties through the APP. The Company does not control in advance nor does guarantee the absence of viruses and other elements in the Contents and Services provided by third parties through the APP that may introduce alterations in the computer system, electronic documents or files of the User. The Company shall not be liable, indirectly or subsidiarily, for any damages of any nature arising from the use and contracting of the Contents and the Services from third parties through the APP, as well as the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of such Contents and Services. Notwithstanding the foregoing, and in no case limiting, the Company shall not be liable for damages of any nature arising from:
Infringement of intellectual and industrial property rights and defective performance or breach of contractual commitments acquired by third parties;
Performance of acts of unfair competition and illicit advertising;
Inappropriate and unmet expectations from third party Services and Content;
Any defects in third party Services and Content provided through the APP;
- The presence of viruses or other elements in the Contents and Services provided by third parties through the APP that may cause alterations in the computer system, electronic documents or files of the User.
The exemption from liability indicated in the previous paragraphs will be applicable in the event that the Company does not have effective knowledge that the activity or the information stored is unlawful, or that damages property or rights of a third party subject to compensation; Or if you with knowledge of the above, acts diligently to remove the data and Contents, or takes the appropriate measures to block their access.
7.- Users behavior.
The Company does not guarantee that Users of the APP use the Contents and / or Services in accordance with the Law, morality, public order, the present GCU and, if applicable, PCUs that result from the application. Likewise, the Company does not guarantee the veracity and accuracy, completeness and / or authenticity of the Contents provided or shared by the Users. The Company shall not be liable, indirectly or subsidiarily, for any damages of any nature arising from the use of the Services and Contents by Users, or those that may arise from the lack of truthfulness, accuracy and / or authenticity of the Contents provided or shared by the Users, or from the impersonation of a third party made by a User in any type of activity through the APP.
By way of illustration, but not limiting, the Company shall not be indirectly or subsidiarily responsible for:
The Contents provided or shared by the User or third parties or entities that communicate or shown through the APP;
The damages caused to third parties derived from the use by the User of the Services and Contents of the APP;
The damages caused by the lack of truthfulness, accuracy or incorrectness of the Users' identity and any information that they provide or make accessible to other Users;
- Damages arising from infringements of any User that affect the rights of another User, or third parties, including copyrights, trademarks, patents, confidential information, and any other intellectual property rights.
User agrees to indemnify, defend and hold the Company, its affiliated companies, its suppliers, and partners from any claims, lawsuits, actions, losses, costs, damages and other liabilities, including attorney's fees and/or costs arising out of or relating to: use or misuse of any information about the Company in general, any violation of the rights of any other person or entity by you, or any breach or violation by you of the present GCU or of the PCUs that, if applicable.
9.- Tracking and geolocalización.
The Company reserves the right to monitor anonymously and report on the activities of the User in relation to the Services and Contents of the APP. To make use of the Services, the User may be required through the APP to the activation of the GPS locators of her/his device in each access to the APP, in which case the User must activate the same. The User may at any time revoke its consent to the activation of the GPS locators through the corresponding option in the User’s device. However, in case User does so, the User will not be able to use the Services offered by the APP that require the use of the GPS locators of her/his device. Furthermore, the User is informed that the activation of the locators GPS of her/his device prior to the start of the APP will be understood as a consent to the use of the data arising from the tracking and geolocation.
The Company stores other data, which is collected automatically, without the need to be expressly provided by the User.
Cookies may be used with the purpose of facilitating to the maximum the use of the APP by the User. However, the User can configure his browser to notify and reject the installation of cookies sent by the APP.
11.- Contracting with third parties through the APP.
The User acknowledges and accepts that the Company does not assume any type of responsibility for any damages of any nature caused by negotiations, conversations and / or contractual or extra contractual relations of the User with other Users or third parties or legal entities contacted through the APP.
The APP makes available to the User technical devices for linking and search tools that allow the User access to portals owned by third parties. The User acknowledges and accepts that the use of the services and contents of the linked portals will be at their sole risk and responsibility and will exempt the Company from any responsibility for the technical availability of the linked portals, the quality, reliability, accuracy and / or veracity of the services, information, elements and / or content that the User may access in such portals, and in the search directories included in the APP. The Company shall not be indirectly or subsidiarily responsible for any damages of any nature arising from:
The lack of maintenance and updating of the contents and services contained in the linked portals;
- The lack of quality, inaccuracy, and lack of continuity of the linked portals and / or available search directories , Illegality, uselessness of the contents and services of the linked portals.
The exoneration of liability referred to in the previous paragraphs shall apply in the event that the Company does not have effective knowledge that the activity or information to which it refers is lawful or that it damages property or rights of a third party subject to compensation or, has acted with diligence to remove the data and contents or takes the appropriate measures to block their access.
The Company, without prejudice to the liability for damages that may be requested to the User, may without prior notice terminate its relationship with the User, interrupting her/his access to the APP or the Services, if the Company detects a use of the APP or Services contrary to the GCU or PCU that are applicable. The User will then be liable for damages and losses of any nature that the Company or any of its subsidiaries may suffer directly or indirectly, as a result of breach of any of the obligations derived from the GCU or PCU in relation to the use of the APP or services. Likewise, the User will keep the Company and its subsidiaries free from any sanction, claim or demand that may be brought by a third party, including any public bodies, against the Company, its employees or agents as a result of the violation of any third party rights by the User through the use of the APP or the Services in a way contrary to what is provided in the GCU or PCU that were applicable.
The use of the APP allows the synchronization of the data and the Information managed by the User in her/his mobile terminal with other mobile applications or Internet web pages that the Company will routinely communicate to the Users.
14.- Modifications of the GCU.
The Company reserves the right to modify and cancel, in any Moment, the present GCU, committing to inform of the new conditions or their definitive cancelation, as the case may be, to the User with, at least, one day in advance. These rights belong exclusively to the Company. It is the obligation of the User to periodically review the changes in the GCU that the Company may perform at any time and comply with the obligations established in the current version at any time. As a consequence of the foregoing, whether or not the User expressly consents to the modifications that the Company may make to the GCU, or if not, if the User continues to use the Services after the publication of the changes in the GCU, acceptance and acknowledgment of the then current GCU by the User is tacitly given to the Company. In the event that the User does not agree with the modifications of the GCU, she/he may resign by not using the Service anymore.
To make use of the Services of the APP, it is necessary that the User is at least 18 years old or, in case of being a minor, have obtained prior authorization from their parents, guardians or legal representatives, who will be responsible for all acts performed through the APP by the minors under their legal responsibility. In those Services in which it is expressly stated, access will be restricted only and exclusively to people over 18 years old. In this sense, the User affirms and guarantees that at the moment she/he is of legal age or has the legal capacity or the authorization from his parents, legal guardians or legal representatives, in her/his case, to fulfill all the obligations established in the present GCU.
16.- Duration and termination.
The provision of the Services of the APP have an indefinite duration. Notwithstanding the foregoing, and in accordance with clause 14 ("Resolution") of these GCUs, the Company is entitled to terminate, suspend or terminate unilaterally, at any time and without prior notice, the Services.
17.-Jurisdiction and applicable law.
The present GCU shall be governed by common Spanish law. Any dispute that arises between the Company and the User regarding the validity, efficacy, interpretation and execution of these GCU shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Madrid capital, unless the Law requires a different jurisdiction.