1. OBJECTIVE
1.1. Through these conditions (heretofore, Conditions of Use) access,
surfing and use of the web page www.kukuxumsusu.com (heretofore, the
Web) is regulated as well as the responsibilities deriving from the use
of its contents (including texts, graphics, drawings, designs, codes,
software, photographs, music, videos, sounds, databases, images,
expressions and information as well as any other creation protected by
national and international norms on intellectual and industrial
property on the part of each and every surfer or user that visits it
(heretofore, the User).
1.2. Through the Conditions of Use it also regulates the sending by any
medium (especially by mail or e-mail) or the upload of texts, drawings,
photos and digital videos to Kukuxumusu S.L. for its circulation
through the Webs.
1.3. The Web belongs to Kukuxumusu S.L. with C.I.F. nº B-31/47471,
limited company with address at c/Marzelo Zelaieta 75 NAA1, in
Pamplona, and which is registered at the Pamplona Mercantile Registry
(heretofore, Kukuxumusu).
1.4. 1.4 It is understood that both the surfing the Web as well as the
sending or upload of a text, photograph, video or any other type of
content (heretofore, Materials) on the part of the User implies total
adherence without reserve to each and every one of the Conditions of
Use.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
2.1. Kukuxumusu is title-holder or licensee of the exploitation rights
of intellectual property and industrial property of the Web and of the
contents available through it.
2.2. In no case will it be understood that the fact of allowing access
to the Users implies a renouncement, transmission, licence or total or
partial surrender of these rights on the part of Kukuxumusu.
2.3. It is expressly forbidden to suppress, ignore or manipulate the
warning of copyright and any other identification data of the rights of
Kukuxumusu.
2.4. The reproduction, distribution, modification, commercialization,
de-compilation, disbanding, the carrying out of techniques of inverse
engineering or of any other kind in order to obtain the source code of
the Web or of any of the integrated elements and utilities within the
Web constitutes an infraction of the rights of intellectual property of
Kukuxumusu.
2.5. Likewise, it is prohibited to modify, copy, re-use, exploit,
reproduce, communicate publicly, make second or later publications,
load files, send by post, transmit, use, treat or distribute in any way
the total or any part of the contents included in the actual Web for
public or commercial purposes, except if Kukuxumusu so authorizes it.
2.6. The reproduction, plagiarism, distribution or public communication
of any of the contents available on the Web, without the authorization
of Kukuxumusu, constitutes an offence of the type outlined in the First
Section of Chapter XI of the Thirteenth Title of the Spanish Penal
Code, arts. 270 and following ones, where the “offences related to
intellectual property, and industrial, to the market and the consumers”
are governed For those who commit crimes of this kind prison sentences
are contemplated of up to four years in addition to the resultant fines
and civil responsibilities which may arise from these kinds of actions.
2.7. Equally, copyright is protected at an international level by the
Berne Convention, The Universal Convention of Geneva on Copyright laws,
the Agreement of the Union of Paris and the Agreement of Montevideo,
all of these ratified by Spain.
3. GUARANTEES AND RESPONSIBILITIES
3.1 Kukuxumusu does not guarantee the lawfulness, trustworthiness,
veracity or exactness of the data, programs, information or opinions
that are accessible on the Web.
3.2 Kukuxumusu does not guarantee (i) the continuity and accessibility
of the contents of the Web; (ii) the absence of errors in these
contents (iii) the absence of virus and/or other harmful components in
the Web or in the server which supplies them; (iv) the vulnerability of
the Web (v) the damage and prejudices that it causes, to itself or to a
third party, any person that infringes the conditions, norms and
instructions which Kukuxumusu establishes in the Web or that harm the
security systems of the Web.
4. LINKS
4.1. The User could find links in the Web to other web pages through
different keys, links, banners and others. Kukuxumusu does not accept
any responsibility for any aspect related to the web pages or sites
that establish a link within the Web.
4.2 Kukuxumusu will not control nor approve any information, content,
product or service facilitated in web pages which do not belong to
Kukuxumusu and which have established links to this Web. Kukuxumusu
does not accept any kind of responsibility for any aspect related to
the web page or sites that establish a link to the Kukuxumusu Web.
5. DURATION AND MODIFICATION
5.1. Kukuxumusu may modify the terms and conditions stipulated here at any time and in a unilateral manner.
5.2. Kukuxumusu may end, suspend or unilaterally interrupt at any
moment without any previous warning, the access to the contents of the
Web, without the User being able to demand any kind of compensation for
this.
6. MATERIALS
6.1. The User will be the only one responsible for sending or uploading
material to the Web and for the publication or spreading of these
through the Web. The User who sends or uploads Materials to the Web
guarantees that these are of his own creation or that they already have
the license and necessary permission to authorize Kukuxumusu to publish
and circulate the Materials.
6.2. The User guarantees that he has the consent in writing of each and
every identifiable person that appears in the Materials for the
publication and circulation of their image, and in those cases, their
names, through the Web.
6.3. The User guarantees that the Materials that he sends or uploads to
the Web do not mean and kind of harm to third parties or to Kukuxumusu.
More concretely, the User guarantees that the Materials do not include
images, sounds or texts that could be in any way illegal, morally
reprehensible, libellous, threatening, pornographic or racist. The User
guarantees that the Materials do not infringe any rights of image,
intellectual property nor industrial property nor do they indecently
assault the honour or dignity of any person. The participant guarantees
that the Materials, their publication and circulation by any medium, do
not infringe any penal law or that of any other kind.
6.4. The User that sends or uploads Materials to the Web automatically
concedes a free license to Kukuxumusu, yet not exclusive, and
sub-licensable to third parties for the use, reproduction,
distribution, transformation, public communication of the Materials and
available for the public throughout the world and for the maximum
period of time foreseen for granting in article 26 of the Revised Text
of Copyright Laws. By virtue of the aforesaid law, the User authorizes
Kukuxumusu to distribute and circulate the Materials in any medium
whatsoever, and more particularly through the Internet. This conceded
license does not oblige Kukuxumusu to publish or circulate of the
Materials. Kukuxumusu will freely decide if it publishes certain
Material as well as when and for how long it will have this Material
published.
6.5. Kukuxumusu rejects all responsibility deriving from the
publication or circulation of the Materials of the User. Kukuxumusu
will withdraw any Material liable to be an infraction of rights of
intellectual property or industrial property, rights of image, rights
of honour and intimacy or any other legal precept, whenever the
existence of any such infraction is properly notified to them. The User
will answer to third parties and to Kukuxumusu for any court claim or
any out-of-court claim put forward in relation to the Materials, their
publication or their circulation in any media whatsoever.
7. PERSONAL DATA
7.1. Kukuxumusu informs the Users that the data which they facilitate through the systems for the sending of content and consulting, customer care and other formulae which are included in the Web will be included in an automated data-file of Kukuxumusu S.L. set up with the aim of allowing responses and replies to the consulting or suggestions sent in. It will also allow for the handling of publications and circulation of the Contents and send news, novelties and commercial offers to the Users whenever this has been previously requested by them. These dealings will be carried out in accordance with what is established in the Organic Law of Personal Data Protection.(Ley Orgánica de Protección de Datos de Carácter Personal). Likewise, the Users are informed of their rights of access, rectification, cancellation and, in its case, opposition, and these can be made by checking the indicated address in the first condition of this document.
8. GENERALITIES
8.1. The headings of the distinctive conditions are only informative,
and they will not affect, qualify or amplify the interpretation of the
Conditions of Use.
8.2. Should any of the provisions set out of these Conditions of Use be
considered null or inappropriate, in total or in part, by any Court,
Tribune or competent administrative organism, this nullity or
non-application will not affect the other provisions of the Conditions
of Use nor the particular conditions of the different services of the
Web.
8.3. The non-exercise or nil action taken by Kukuxumusu of any right or
provision contained in these Conditions of Use does not constitute a
renunciation of these, except by a written acknowledgement and
agreement on their part.
9. 9. JURISDICTION
9.1. These Conditions of Use are governed by existing Spanish law.
9.2. The parties, with express renunciation of their jurisdiction,
yield all interpretations or conflicts that may arise from these
Conditions of Use to the Courts and Tribunals of Pamplona.
Copyright. Kukuxumusu S.L. All rights reserved
