1. LEGAL CONDITIONS AND ACCEPTANCE
The present General Conditions (in forward: “the General Conditions”) regulate the use of the services, contents and tools facilitated by the application (in forward: “The API”) responsability of OHMYCODER,S.L. to the User, constituing the juridical frame that develops the contractual relation among the lender and the user.
The utilization of the API attributes the user’s condition and expresses the full conformity and without reservations of the user to each and every of the general conditions, and with regard to the version published in the moment of the acces of the above mentioned User. For it, there is recommended earnestly to the User to read held up the content of the present legal notice, in each of the occasios in which it proposes.
Throught the API, ADICTIK facilitates to the Users the acces and the utilization of multiple services and contents put to disposition for ADICTIK or for third users of the API and/or third service providers and contents.
ADICTIK saves himself the right to modify unilaterally, at any time and without previous notice, the Services and the conditions needes to accede and/or to use it.
The User will be able to publish photos and comments in her/his account, to establish ranking, to give “shakas” indicators to whaterver him/her pleases, to add contacts, to share publications in other social network and to handle all the information that are accessible to him/her, throught the aount’s record.
3. CONDITIONS OF ACCES AND UTILIZATION OF THE API
3.1. Free character of the acces and utilization of the API
The service of the API from ADICTIK has free character for the users.
3.2 Use of the password: duty of costudy
In case of proceeding to register, and in the areas in which the API needs the identification of the user’s name and password, the User promises to do a diligent use and to keep secretly the passwords and the assigned username in each case, to enter the API or the Services.
The User is the responsable of keeping his/her password secretly insured.
The user accepts that hi/she won’t use anyone else’s credentials of acces.
The user is responsible of any activity.
The User will be responsible for the costs and damages caused by the use of the Services by any third party that uses his / her password (s) and user's name (s) due to non-diligent use or the loss of By the User.
3.3. Use of the list of logos of brands of third parties that ADICTIK uses
The following procedure has been created to help yourself understand the practices recommended as member of the community ADICTIK. Having used ADICTIK makes you subject to our Conditions of Use.
3.3.1 Share your photos and use correctly the logos of our list of official brands registered by third parties (not ADICTIK ownership) that we put to your disposition to describe your creative talent.
- To use only official logos of the section of list of brands registered by third parties that ADICTIK provides.
- To use any of the official logos of the commercial brands registered by third parties to represent them of some of these ways:
- With your @name of user.
- Placing them in the photos that you share in your account.
- Placing them next to other logos of social networks if available in the API.
- To use any of the official logos of the commercial brands registered by third parties with their #hashtag.
- To combine the official logo of the commercial brand, registered by the third party, with a descriptive word in one #hashtag only as a call to the action to share photos with the API.
- To obtain all the necessary permissions to use the logos, images, commercial brands or any material of the third parties.
- Remember that our community is diverse and that your publications can be seen by anybody in the whole world. Do NOT publish photos of nudes or adult content.
3.3.2 Incorrect Use of the Official Logos of the Commercial Brands.
- To modify the official logos of the commercial brands registered by third parties in any way.
- To use the logo as your logo.
- To use the official logo for a commercial or economic purpose without requesting a special permission to the Brand.
- To modify captures of screen or photos that appear with the official logos of the commercial brands in ADICTIK.
- To eliminate, to conceal or to modify the identity of the proprietary user of the photo who includes the official logo of the commercial brands.
- To use the logos of the commercial brands offered in ADICTIK’s API in your own account or suggest that ADICTIK or the owners of the Brands themselfs, recommend you or your products without authorization or express assent.
- To use the logos of the commercial brands that they find in ADICTIK in the logo or the product, or in materials of marketing of your own brand without previous assent of the company.
3.4. Obligation to do a correct use of the API
The User promises to use the API, the Services an ADICTIK’s content of conformity with the law, with arranged in these General Conditions, the good costums, the public order, and the generally accepted uses, and it blinds to abstain from using the application and the Services with ilicit effects, opposite to the established in the present General Conditions, harmful of the rights and interests and the image of third parties, or that of any form they could damage, render useless, overload or spoil the brands registered by third parties provided by ADICTIK or prevent the normal utilization or enjoyment of the API and the Services on the part of the Users.
3.5. Correct use of the Contents for the Use
The User will have to abstain from obtaining or trying to obtain information, messages, graphs, drawings, files of sound and image photographies, recordings, and in general, any accessible class of material across the API or the Services using for it means or precedures different from those who, according to the cases, have put to his/her disposition on this one across tha API in whicht they find the above mentioned Contents or, in general, from those who are used habitually in Internet by this intention providing that they do not contain risk of hurt or unutilization of the API, from the Services and its contents.
Each of the above mentioned services, contains tools will be in his/her case object of a specific regulation by means of the particular conditions of contracting of each one of them, which will be accessible at all time for the user. The mentioned conditions will be able to be consulted, printed and stored by the User by character before the beginning of the procedure of access and during the use of the service.
The User puts under an obligation to the exclusive use of the API, and all its contents, for lawful and not prohibited purposes, which do not infringe the in force legality and / or could turn out to be harmful of the legitimate rights of ADICTIK and of the companies or corporate groups that appear or of any third party, and / or that they could damage or prejudice of direct or indirect form
Especially, and to merely indicative and not exhaustive title, the User compromises himself to:
- To be at least 16 years to use the Service.
- Not to publish photos that could contain images of violence, complete or partial, discriminatory, illegal nudes, offensive, pornographic or with sexual content or other contents of analogous nature across the Service.
- Not to suppress, to manipulate or, of any form, to alter the "copyright" and other information identificativos of the reservation of ADICTIK's rights or companies or corporate groups that are titular, of the logos or the fingerprints or of any other technical means established for his/ her recognition. The User will have to abstain from obtaining and even of trying to obtain the Contents using for it means or procedures different from on those that, according to the cases, they have put to his/her disposition to this effect or have been indicated to this effect in the web page where they find the Contents or, in general, of those who are used habitually in Internet to this effect providing that they do not contain a risk of hurt(damage) or unutilization of the web site, of the Services and / or of the Contents.
- To abstain from reproducing, from copying, from distributing, from putting to disposition(regulation) or of any other form to report publicly, to transform or to modify the Contents, until one possesses(relies on) the authorization of the holder of the right(straight) correspondents or it turns out to be legally allowed;
- To abstain from reproducing, from copying, from distributing, from putting to disposition or of any other form to report publicly, to transform or to modify the Contents, until one possesses the authorization of the holder of the right correspondents or it turns out to be legally allowed.
- Not to use the Service for any illegal or not authorized(expert) intention. You agree to expire with all the laws, procedure and regulations (State, local and provincial) applicablly to his/her use of the Service and his(her,your) content, including but not limited to, the laws of copyright.
- To be responsible for his/her conduct and the paper clips of information, text, files, information, user's names, images, graphs, photos, profiles, audio and video, sounds, musical works, author's works, applications, links and other contents or materials that you send, it publishes or shows across the Service.
- Not to publish photos or other contents that of any form it is opposite, despise or commit an outrage against the fundamental rights and the public recognized freedoms constitutionally, in the international Agreements and in the rest of the legislation.
- Not to publish photos or other contents that it induces, incite or promote criminal actions, denigratorias, slanderous, offensive, violent or, in general, you contradict to the law, to the morality generally accepted customs or to the public order.
- Not to publish photos or other contents that induces, incite or promote actions, attitudes or discriminatory thoughts because of sex, race, religion, beliefs, age or condition.
- Not to publish photos or other contents that incorporates, put to disposition or allow to accede to products, elements, messages and / or criminal, violent, offensive, harmful, degrading services or, in general, opposite to the law, to the morality and to the good generally accepted customs or to the public order, the User will be responsible for his/her acts.
- The User promises not to publish photos or other contents that it(he) is false, ambiguous, inaccurate, exagerate or untimely, so that induces or could induce to mistake on his/her object or on the intentions or intentions of the communicant.
- The User promises not to publish photos or other contents that it is protected by any rights of intellectual or industrial property belonging to third parties, without the User has obtained before of his/her holders the necessary authorization to carry out the use that it effectsor tries to effect.
- The User promises not to publish photos or other contents that it(he,she) violates the managerial secrets of third parties.
- The User promises not to publish photos or other contents that are opposite to the right to the honor, to the personal and familiar intimacy or to the own image of the persons.
- The User promises not to publish photos or other contents that anyhow there reduces the credit of ADICTIK or of third parties.
- The User promises not to publish photos or other contents that infringe the regulation on secret of the communications.
- The user promises not to publish photos or other contents that constitute, in his/her case, an illicit, deceitful or disloyal advertising and, in general, that constitutes a disloyal competition.
- The user promises not to publish photos or other contents that incorporate virus or other physical or electronic elements that they could damage or prevent the normal functioning of the network, of the system or of IT equipments of ADICTIK.
- Though ADICTIK is not forced, we can eliminate, edit, supervise and / or block the User's Content or the accounts that include Content, when we determine that they infringe our Conditions of Use.
- The user promises to request permission to use the brand and official logos facilitated by the brand ADICTIK, if they went to be used in a television program or radio, or in a movie or be going to be represented in a fictitious or theatrical way, or even if they are going to be in use in other platforms of Internet.
- Not to use assets of ADICTIK's brand in a play, movie or book without it can only clear that ADICTIK neither supports does not even recommend the above mentioned project and without a permission in writing of ADICTIK.
3.6. Links and Hyperlinks
The Users and, in general, those persons who propose to establish a hyperlink between(among) his/her web page and the web www.adictik.com (in forward, the "Hyperlink") will have to fulfill the following conditions, always previous authorization:
- The Hyperlink only will allow the access to the home-page or page of beginning of the web site or to the concrete point that ADICTIK authorizes, but it will not be able to reproduce them of any form.
- A frame will not be created on the web pages of the web site.
- There will not be realized manifestations or false, inaccurate or incorrect indications on ADICTIK, his/her executives, his/her employees, the web pages of the site and the Products and / or Services.
- He/she will not declare himself/herself will devote himself/herselfunderstanding that ADICTIK has authorized the Hyperlink or that he/she has supervised or assumed of any form the services offered or put at the disposal of the web page in which the Hyperlink is established; made exception of those signs that form a part of the same Hyperlink, the web page in which the Hyperlink is established will not contain any brand, trade name, label of establishment, name, logo, slogan or other distinctive signs belonging to ADICTIK;
- The web page in which the Hyperlink is established will not contain information or illicit contents, opposite to the morality and to the good generally accepted customs and to the public order, as well as he/she will not contain contents opposite to any rights of third parties either.
The establishment of the Hyperlink involves in no case the existence of relations between ADICTIK and the owner of the web page neither in the one that is established, nor the acceptance and approval on the part of the ADICTIK of his contents or services.
5. RIGHTS OF THE LENDER
- ADICTIK does not claim the property of any Content that you publish in the Service or across this one. In his/her place, for the present one you grant a totally full license to ADICTIK, without copyright, not exclusive, transferable, with possibility of sublicenciarse and applicablly globally to use the Content that you publish in the Service or across this one, in conformity with the politics of privacy of the Service that is available in http: // Adictik.com/legal/privacy/, included without limitation the sections (" shared Use of your information "), (" How we store your information ") and (" Choices(Elections) that you realize on your information "). You can choose what persons can see your Content and activities, included the photos, as it is described in the politics(policy) of privacy.
- Part of the Service is financed by means of advertising income and can show announcements and promotions and, for the present one, you accept that ADICTIK could insert these announcements and promotions in the Service or on your Content,it brings over of this one or together with this one. The way, the way and the extension of these announcements and these promotions are subject to changes without it is necessary to inform it you about specific form.
- You admit that not always we can identify the full services, the sponsored content or the commercial communications as such.
- You demonstrate and guarantee that: (i) are a co-owner of the Content that you published in the Service together with the brand that you should have used in the above mentioned content or across this one or that, differently, you have the right to grant the rights and the licenses stipulated in these Conditions of use; the (ii)nd the publication and utilization of your Content in the Service or across this one it(he,she) does not infringe, embezzles does not even violate the rights of third parties, included without limitation the rights of privacy, of advertising, of author, of commercial brands and / or other rights of intellectual property; the gently accepted (iii)rd to pay all the copyright, the rates and any other sum owed as consequence of the Content published in the Service or across this one; the (iv)th the not checked users, for the mere fact of it being, agree for fault to give the license of use of the Content to level of SOCIAL AVERAGE and WEB to the brand used to create it; (v) in case the brand decides to exploit the Content of a " user checked ", this one will have to negotiate with the above mentioned user to buy the necessary rights; and the (vi)th you have the legal right and the aptitude to fulfill these Conditions of use in your jurisdiction.
- The Service includes content with ADICTIK's license or that belongs to this one (" ADICTIK's Content "). ADICTIK's Content is protected by laws of copyright, commercial, clear brand, commercial secret, among others, and so much you as ADICTIK they agree that ADICTIK is an owner of all the rights of ADICTIK's Service, but not of his/her Content. ADICTIK is not an owner of the content who is raised not of his(her,your) respective rights. You will not eliminate, will modify will not even conceal no Copyright, commercial brand, marks of service or another right of property that joins in ADICTIK's Content or that accompanies this one, neither you will not even reproduce, will modify, will adapt or prepare derivative works that are based on the accomplishment, sample, publication, distribution, transmission, retransfer, sale, license or exploitation of ADICTIK's Content.
- The name and ADICTIK's logo are ADICTIK's commercial brands and can neither copy, imitate nor use, in its entirety or partly, without the previous permission in writing of ADICTIK.
- Likewise, all the headlines of page, personalized graphs, icons of button and sequences of commands are brands of service, commercial brands and / or ADICTIK's commercial images, cannot copy, imitate or use, in its entirety or partly, without the previous permission in writing of ADICTIK.
- Though ADICTIK's intention is that the Service is available the possible maximum thing, there will be occasions in which the Service can be interrupted for the maintenance or the planned updates, for emergency repairs or due to a mistake in the links of telecommunications and / or in the equipment, among other things. Likewise, ADICTIK saves himself/herself the right to eliminate any Content of the Service for any motive, without previous notice. ADICTIK can continue storing the Content eliminated of the Service to fulfill certain legal obligations, among other things, but it is not possible to recover without a judicial valid order.
- As consequence, ADICTIK recommends earnestly that you should support a copy of own safety of your Content.In other words, ADICTIK is not a service of safety copy and you accept that you are not going to use the Service with purpouses of storage or safety copy of the Content. ADICTIK will take responsibility neither of the modification, suspension or interruption of the Services nor of the loss of any Content. Also you recognize that Internet can be subject to safety infractions and that the sending of Content or of another information cannot be an insurance.
- You accept that ADICTIK neither is responsible, nor even support, the Content published in the Service. ADICTIK does not have any obligation to protect, to supervise, to edit or eliminate any Content. If the Content infringes these Conditions of use, you can have legal responsibility on this one.
- According to the stipulated between you and ADICTIK, no Content will be confidential not of property and we will not be responsible for the use or the spreading for this one. You admit and accept that your relation with ADICTIK is confidential neither, fiduciary nor special in no way and that your decision to send any type of Content does not do that ADICTIK plays a role specially differently from the one that other users recover to general, enclosed level regarding your Content. No part of your Content will be subject to any obligation of confidence on the part of ADICTIK, and will not be responsible for any use or spreading of the Content that you supply.
- ADICTIK has as norm not accept or have in consideration content, information, ideas, suggestions or other materials that are not the specifically requested ones and to which there can be applied certain terms, conditions and specific requirements. This is done to prevent misunderstandings from taking place if your ideas are alike those that already we develop or are developing for our account. In consequence, ADICTIK does not accept materials or ideas not requested, and does not take responsibility of the materials or the ideas like that transmitted. If, in spite of what it stipulates in our policy, you decide to send your content, information, ideas, suggestions or other materials, in addition you accept that ADICTIK has freedom to use any content, information, ideas, suggestions or other materials with any intention, included without limitation the products and services of development and marketing without there is waited no responsibility or payment of no type for your part.
6. INFORMATION OF PERSONAL CHARACTER
All the information about the data processing of personal character is gathered and detailed in the Policy of Privacy.
Without prejudice of it it reports of:
- To accede to and / or to use some of the Services is necessary that the Users provide before to certain ADICTIK information of personal character (in forward, the " Personal Information "), that ADICTIK will treat autovariegatedly and will incorporate to an automated file registered in the General Record of Protection of Information (RGPD).
- If the User facilitates information of personal character of third persons, it will report to the above mentioned third parties of the content of the facilitated information, of the existence and purpose of the file where his/her information controls itself, of the possibility of exercising the rights, will identify ADICTIK and will have to obtain the assent of the above mentioned third party to communicate the information from this one to ADICTIK.
- ADICTIK guarantees that he/she has adopted the opportune measures of safety in his/her facilities, systems and files. Likewise ADICTIK guarantees the confidentiality of the Personal Information. It nevertheless, ADICTIK will reveal to the public competent authorities the Personal Information and any other information that is in his/her power or accessibly across his/her systems and is needed of conformity by the legal and regulation dispositions applicable to the case. The Users have recognized and they will be able to exercise the rights of access, cancellation, rectification and opposition or to revoke his/her assent at any time, contacting ADICTIK following the procedure for the exercise of rights described to such an effect in the Policy of Privacy.
- Any other information that is in his/her power or accessibly across his/her systems and is needed of conformity by the legal and regulation dispositions applicable to the case. The Users have recognized and they will be able to exercise the rights of access, cancellation, rectification and opposition or to revoke his/her assent at any time, contacting ADICTIK following the procedure for the exercise of rights described to such an effect in the Policy of Privacy.
- At all time the User will be able to exercise his/her rights of access, opposition, rectification and cancellation of conformity with the established in Protection law of Information of Personal Character.
7. DURATION OF THE SERVICE
ADICTIK guarantees the availability and continuity of the functioning of the application and of the Web site. When it is reasonably possible, ADICTIK will notice before of the interruptions in the functioning of the Web site. ADICTIK does not guarantee the utill of the Web site for the accomplishment of any activity in concretly, not his/her infallibility.
The access to the API has an indefinite duration; nevertheless, ADICTIK saves himself/herself the right to suspend without previous notice the access to the Users who, to his/her judgment, break the procedure of utilization of his/her web page and to exercise the legal opportune measures.
8. EXCLUSION OF REPONSABILITY
ADICTIK realizes the maximum efforts to avoid any mistake in the contents of the application and of the web page, but it neither guarantees nor takes responsibility of possible mistakes in the contents of both.
The User exempts ADICTIK of any responsibility for damages and prejudices of any nature eventually derived of:
- The interruption of the functioning or the lack of availability of access to the application and to the web page.
- The privacy and safety in the utilization of the application and of the web page on the part of the User, and / or the access not consented of not authorized third parties.
- The eventual transmission of elements that they affect negatively to the IT systems.
- The accuracy, exhaustividad and punctual update of the contents of his/her web page.
9. LEGISLATION AND JURISDICTION
The Web site and API are operated on and controlled by OHMYCODER, S.L. from his/her office in Spain. Consistently, all the questions that could stem from the access and / or use of the same one will be understood regulated and interpreted of conformity by the Spanish legislation.
In case the User has his/her domicile out of Spain, OHMYCODER, S.L. and the User surrender, with resignation it expresses to any other jurisdiction, to the Courts and competent Courts in the Kingdom of Spain.