1. INTRODUCTION AND COMPANY INFORMATION
navigation and use of the website ONEKIT INTERNET, S.L. (from hereon THE COMPANY),
located at the URL www.emule.tv.
1.2 ONEKIT INTERNET, S.L. is a company, whose registered office is situated at C/ Sant Francesc 4 2ª planta, 08290 Cerdanyola del Vallès, Barcelona, Spain.
1.3 To directly and effectively communicate with THE COMPANY, access the contact form via the following link:
2. AIM AND PURPOSE OF WEBSITE
2.1 The Web Site has been made available by THE COMPANY for the purpose
of allowing all interested persons to download the emuleTV software and in
so doing utilize the features and services incorporated in it.
In this sense, it is understood that the term USER refers to any person accessing, browsing, using or participating in services and activities, free or onerous, carried out on the Website.
2.3 This Legal Notice is intended to regulate access, navigation and use of the Website. However, THE COMPANY may establish special conditions, apart from these, governing the use, acquisition and/or contracting of products or services offered to users through the Website.
Prior to using, acquiring and/or contracting the goods or services offered by THE COMPANY, the User must carefully read the conditions provided, where appropriate, by THE COMPANY. The use, acquisition and/or purchase of such products and services, implies acceptance of the conditions regulated and published by the COMPANY in the event of such use, acquisition or contracting.
3.1 Access to the Website is free of cost. However, in cases where services
and/or content, offered by THE COMPANY or third parties, are made available
through the Website, that are subject to prior contracting of services and/or
content and payment of a sum of money, it shall, where appropriate, as determined
in the relevant Conditions, be disclosed to the user beforehand, in a clear
and easily accessible form.
3.2 The request for direct access or changes on the home page of your computer to the Website, in cases where downloaded software is published within electronic resources owned by this Website (on CD or software), shall in no way be linked to the installation or subsequent use and enjoyment of the downloaded software.
3.3 It is prohibited for minors to access the Website, without the prior express permission of their parents, guardians or legal representatives, who shall be considered as responsible for any acts carried out by the minors in their care, in accordance with the existing regulatory framework. In any case, it is presumed that access by a minor to the website was made with prior express permission of their parents, guardians or legal representatives.
4. . INTELLECTUAL PROPERTY RIGHTS
4.1 This Website is governed by Spanish law and by national and international
legislation on intellectual property.
www.emule.TV does not host or download content; it facilitates access, via links, to various addresses where content is made available for users by their legitimate owners.
The content linked to www.emule.TV is freely accessible by all users.
www.emule.tv, assumes no responsibility for the content displayed through its website.
Under no circumstances shall the user's access and navigation of the Website or the use, acquisition and/or purchase of products or services offered through the Website, constitute a waiver, transfer, license or granting in part or full of said rights on the part of THE COMPANY.
4.2 All Intellectual Property rights are reserved, and it is prohibited to distribute, modify, change, transfer, publish or perform any other activity that has not been expressly authorized by the exploitation rights of the owner.
Unauthorized use of any content on the Website may constitute a violation of the law on intellectual property rights and other applicable laws.
5. PAGE USE
5.1 The access, navigation and use of the Website is the responsibility
of the user, who promises to faithfully and diligently observe any additional
guidelines put forth by THE COMPANY relative to the use of the Website as
well as its contents and products.
5.2 The Website ONLY CHANGES THE HOME WITH YOUR PERMISSION.
We just changed the home page if you download the application and you accept the change and the conditions and terms of service.
You can change your home page whenever you want, some examples of how:
- go to www.google.es and at the bottom of the page you`ll see a button that puts "make google homepage" - in your browser go to tools / internet options and you can change your home page in which you want.
If it was not possible to delete the home page of this form is because it prevents any antivirus. You must turn off your antivirus temporarily, change the homepage and re-connect the antivirus.
6. CONTACT PERMISSION
6.1 Communication from THE COMPANY to the User will be carried out in accordance
with the provided contact information.
Expressly, the User accepts the use of email as the valid method for the exchange of information and the sending of communication.
6.2 In the case where the User sends information to THE COMPANY, the User affirms, guarantees and agrees that he/she has the right to freely do so, and that said information does not infringe any law nor discriminate against any third party.
7.1 In cases where the user provides personal information, the collection
and handling of this information is carried out in accordance with legal principals,
and subject to the duty of confidentiality and secrecy. The COMPANY has adopted
adequate security measures to avoid any alteration, loss, unauthorized access
or damage to personal data and registered information.
In cases where an email address or other means of electronic communication is provided, the user expressly authorizes the use of such medium for any possible correspondence from the company, with the aim of providing the required services, responding to your enquiries, carrying out statistical studies to improve service, performing administrative duties, and developing commercial promotions and advertising related to the portal.
7.2 The User has the right to access, correct, cancel and oppose, which may be exercised by sending communication to the address of the Company contained in this legal notice, indicating the right that you desire to exercise and a photocopy of the user’s ID or any other form of identification recognized by law certifying the applicant`s identity.
The user has the option to block the generation of cookies by selecting the appropriate option in his/her browser. THE COMPANY is not responsible for the loss of the portal’s service quality due to the deactivation of these cookies.
8. RESPONSIBILITES AND GUARANTEES
8.1 THE COMPANY cannot guarantee the reliability, usefulness, accuracy
or appropriateness of the content that is given through the website, due to
the nature of the service. Therefore, THE COMPANY does not guarantee and is
not responsible for: (i) the continuity of content on the Website; (ii) the
absence of errors in said content or products; (iii) the absence of viruses
and/or other damaging components on the Website or on the server that it provides;
(iv) the invulnerability of the Website and/or the impregnability of the safety
measures adopted by the Website; (v) the lack of usefulness or performance
of the content and products on the Website; (vi) any damage or harm, to you
or a third party, caused by anyone who breaches the conditions, rules and
instructions that THE COMPANY establishes on the Website or caused by the
infringement of the Website’s security systems.
Nevertheless, THE COMPANY affirms that it has adopted all necessary measures within its power and the limitations of technology to ensure the functioning of the Website and to avoid the presence and transfer of viruses and other harmful components to Users.
8.2 If the User has knowledge of the existence of any content that is illicit, illegal or against the law or that could imply an infraction of intellectual property rights, he/she should notify the COMPANY immediately so that the appropriate action can be taken.
9.1 Links to other Web pages
In cases where the User finds links to other web pages on the Website in the form of buttons, links, banners etc, these would be managed by third parties. THE COMPANY does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites which establish links from the Website.
Therefore, THE COMPANY cannot assume any type of responsibility for any aspect relative to any web page that establishes a link from the Website, specifically including but not limited to, its operation, access, files, information, documents, quality and reliability of its products and services, its links and/or any of its content, in general.
In this regard, if users have actual knowledge of any unlawful activities carried out on these third party web pages, they should notify the COMPANY immediately so that it can proceed to disable links to such web pages.
The establishment of any type of link from the Website to another website does not imply that there is any type of relationship, collaboration or dependence between the COMPANY and the owner of the other website.
9.2 Links from other Web pages to the Website
If any user, company or website wishes to establish any kind of link to the Website he/she/it must abide by the following stipulations:
• The link can only be directed to the Website’s homepage, except there is express written authorization from the COMPANY.
• THE COMPANY does not authorize the establishment of links to the Website from those web pages containing material, information or content, that is illicit, illegal, degrading, and obscene or that goes against the morals, public order or social norms that are generally accepted.
• THE COMPANY does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website.
• THE COMPANY does not assume any type of responsibility for any aspect relative to the website that establishes this link to the Website, specifically including but not limited to, its operation, access, files, information, documents, quality or reliability of its products and services, its links and/or any of its content, in general.
10.1 THE COMPANY can modify the terms and conditions herein stipulated,
in part or whole, and publish any changes in the same way that it appears
in this Legal Notice or by any other means of communication directed to Users.
10.2 The applicability of this Legal Notice coincides, therefore, with the time of its disclosure, up to the point that it is completely or partially modified, at which time the modified version becomes the current Legal Notice.
11.1 The headings of the various clauses are only informative, and do not
affect, describe or amplify the interpretation of the Legal Notice.
11.2 If there is any discrepancy between what is established in this Legal Notice and the special conditions of each specific service, the latter shall prevail.
11.3 If any provision or provisions in this Legal Notice were to be considered null and void, in part or whole, by any Court, Tribunal or proper administrative body, said nullity or invalidity will not affect the other provisions of this Legal Notice.
11.4 THE COMPANY’s failure to exercise or execute any right or provision contained in this Legal Notice does not constitute a waiver of the same, except by written acknowledgement and agreement.
12.1 The relationship established between THE COMPANY and the User is governed
by the provisions of existing rules of applicable law and jurisdiction. However,
in cases where the law provides for the likelihood of the parties to submit
to a judicial right, THE COMPANY and the User, expressly waiving any other
legal right that might apply, will submit any controversy and/or litigation
to the attention of the Courts and Tribunals of Cerdanyola del Vallès, Barcelona, Spain.