This Legal Notice regulates access to and use of the website www.lekkid.com (hereinafter, “the Website”), which ELEMENTOS CREATIVOS, S.L. makes available to Users (hereinafter the “User(s)”), in its capacity as owner and manager of the same.
The details of ELEMENTOS CREATIVOS, S.L. are as follows
Name: ELEMENTOS CREATIVOS, S.L.
Address: C/ Sant Màrius 13, 08022 Barcelona.
Registered in the Mercantile Registry of Barcelona, VOLUME 43546, PAGE 160, SHEET B 431905.
Likewise, you are warned that, on occasions, particular conditions may be established for the use of specific content and/or services on the Web Site. The use of such content or services will imply the acceptance of the particular conditions specified therein.
Rights and obligations of the User
The use of any of the services offered attributes, from the beginning, the condition of User and will be considered as express, voluntary and unreserved acceptance of this Legal Notice.
For access to the services of the Web, in everything that is not free or imposes a series of obligations, the User must be of legal age and have the legal capacity and, where appropriate, representation, necessary to contract.
The User who accesses the Web undertakes to comply with this Legal Notice and the special instructions for use shown to him/her at all times. Likewise, they undertake to always act in accordance with the Law, good customs and good faith, using the diligence appropriate to the nature of the service in question. Thus, the User may not make any modification or alteration to the contents of the Website, with the exception of the data that the User has entered, nor may he or she in any way damage its integrity or operation.
LEKKID may suppress or suspend access to the website to Users who have failed to comply with any of the obligations expressed in this Legal Notice. The User who voluntarily fails to comply with any of the obligations listed below, as well as all those arising from this Legal Notice, shall be responsible for all the data and damages that, as a consequence of this, may be caused to LEKKID
– Make proper and lawful use of the Website, as well as the content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.
– To provide all the means and technical requirements needed to access the Web Site.
– To provide truthful information when filling in the forms contained in the Website with their personal data and to keep them updated so that they respond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and any damage caused to LEKKID or third parties as a result of the information provided. Nevertheless, the provisions of the previous section must also be abstained from:
o To make unauthorised or fraudulent use of the Web Site and/or its contents for purposes that are illicit, prohibited by these General Conditions of Use, harmful to the rights and interests of third parties, or which may in any way damage, render useless, overload, deteriorate or prevent the normal use of the services or the documents, files and all kinds of content stored on any computer.
o Access or try to access resources or restricted areas of the Web Site, without fulfilling the conditions required for such access.
o Cause damage to the physical or logical systems of the Web Site, its suppliers or third parties.
o Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of LEKKID, its suppliers or third parties.
o Attempting to access, use and/or manipulate the data of LEKKID third party suppliers and other Users.
o Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless the owner of the corresponding rights has authorised it or it is legally permitted.
o Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of LEKKID or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
o To obtain and try to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those normally used on the Internet as they do not entail a risk of damage or disablement of the website and/or the contents.
In particular, and as an indication and not as an exhaustive list, the User undertakes not to transmit, disseminate or make available to third parties, information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that
– In any way that is contrary to, disregards or infringes upon fundamental rights and public freedoms recognised by the Constitution, International Treaties and other legislation in force.
– Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, morality, generally accepted good customs or public order.
– Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or condition.
– Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, generally accepted morals and good customs or public order.
– Induce or may induce an unacceptable state of anxiety or fear.
– Induces or incites to get involved in dangerous, risky or harmful practices for health and psychic balance.
– It is protected by the legislation on intellectual or industrial protection belonging to LEKKID or third parties without the intended use having been authorised.
– It is contrary to the honour, personal and family privacy or to the very image of people.
– Constitutes any type of advertising.
– Includes any type of virus or program that prevents the normal functioning of the Website.
If, in order to access any of the services and/or contents of the Website, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, committing yourself not to give it to third parties, temporarily or permanently, nor to allow access to the mentioned services and/or contents by third parties. Likewise, you are obliged to notify LEKKID of any event which may involve the improper use of your password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as you do not make the above notification, LEKKID will be exempt from any liability that may arise from the improper use of your password, and any unlawful use of the contents and/or services of the Website by any illegitimate third party will be your responsibility. If, in a negligent or fraudulent manner, you fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all the damages that may be derived from such failure to comply with the obligations of LEKKID.
Exclusion of Liability
LEKKID reserves the right to interrupt access to the website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical, security, control, maintenance reasons, power supply failure or any other cause.
LEKKID shall not be liable for decisions taken on the basis of information supplied on the Website, nor for any damages caused to the User as a result of such information.
LEKKID shall not be responsible for damages of any kind caused to Users as a result of failures in the connection to telecommunications networks that lead to the suspension, cancellation or interruption of the Website Service or due to Force Majeure or Acts of God.
LEKKID does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of www.lekkid.com which may be prevented, hindered or interrupted by factors or circumstances beyond its control.
LEKKID shall not be held responsible for any decisions that may be taken as a result of access to the content or information offered.
LEKKID may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its website or any of the services offered therein is contrary to these General Conditions of Use.
LEKKID shall not be liable for any damages, losses, claims or expenses arising from the use of the Website.
It will only be responsible for eliminating, as soon as possible, the contents that may generate such damage, provided that notification is given. In particular, it will not be responsible for damages that may arise from, among other things
▪ Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of LEKKID
▪ Unlawful interference by the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
▪ Abuse or misuse of the Web Site.
▪ Security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of www.lekkid.com reserve the right to withdraw, totally or partially, any content or information present on the Website.
LEKKID excludes any liability for damages of any kind which may be due to the improper use of the freely available services and use by the Users of the Website. Likewise, LEKKID is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being only for the provision of consultation and doubt services. On the other hand, in the event of damage or harm caused by the illegal or incorrect use of these services, the User may be held liable by LEKKID for the damage or harm caused.
The User shall defend, compensate and hold LEKKID harmless against any damage or harm arising from claims, actions or demands by third parties as a result of their access or use of the Website.
Likewise, the User undertakes to compensate LEKKID for any damage or harm deriving from the use by the User of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data, or any other action by the User that imposes an unreasonable burden on the operation of the Website.
Intellectual and Industrial Property. Hyperlinks.
All the contents, brands, designs, logos, icons, software, commercial names, domain names, and any other signs or elements subject to protection by intellectual or industrial property rights that form part of the Website are the property of LEKKID or in the public domain or of third parties who have duly authorised their inclusion in the same and who appear as authors or holders of the rights.
Under no circumstances shall it be understood that any licence is granted or any waiver, transmission, total or partial assignment of said rights is made, nor is any right conferred, and in particular, of exploitation, reproduction, distribution, transformation or public communication of said content without the prior express written authorisation of LEKKID or the corresponding third parties. Violations of any of the intellectual or industrial property rights referred to in this section shall be prosecuted by means of the criminal and civil actions provided for in current legislation.
Likewise, it is forbidden to remove, elude and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Web Site undertakes to respect the above rights and to avoid any action that could damage them, and in any case LEKKID reserves the right to exercise any means or take any legal action that may correspond to it in defence of its legitimate intellectual and industrial property rights.
Users and, in general, those persons who intend to establish a hyperlink between their web page and the website (hereinafter the “Hyperlink”) must have the express authorisation of LEKKID and comply with the following conditions:
▪ The Hyperlink will only allow access to the homepage or home page of the Website, or to the specific point authorised by LEKKID.
▪ No frame will be created on the web pages of the Website
▪ No false, inaccurate or incorrect statements or indications will be made about LEKKID, its directors, persons and its products
▪ It shall not be stated or implied that LEKKID has authorised the Hyperlink or has supervised or assumed in any way the services offered or made available to the website where the Hyperlink is established
▪ With the exception of those forming part of the same Hyperlink, the web page in which the Hyperlink is established will not contain any brand, commercial name, establishment sign, denomination, logotype, slogan or other distinctive signs belonging to LEKKID.
▪ The web page in which the Hyperlink is established shall not contain any information or content that is illicit or contrary to generally accepted morality and good customs and public order, nor shall it contain content that is contrary to any rights of third parties. The establishment of the Hyperlink does not imply in any case the existence of a relationship between LEKKID and the owner of the web page in which it is established, nor the acceptance and approval by LEKKID of its contents or services.
Duration and completion
The provision of the service of this Web Site and the other services are in principle of indefinite duration. Nevertheless, LEKKID may terminate or suspend any of the services of the portal. Whenever possible, LEKKID will announce the termination or suspension of the provision of the determined service.
Declarations and guarantees
In general, the contents and services offered on the Website are for information purposes only. Therefore, in offering them, LEKKID does not grant any guarantee or statement in relation to the content and services offered on the website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that such statements and guarantees cannot be excluded by law.
Resolution and dispute
This Legal Notice is governed by Spanish law. For cases in which the regulations provide for the possibility of the parties submitting to a jurisdiction, both parties, expressly renouncing any other that may correspond to them, submit to the Courts and Tribunals of the city of Barcelona (Spain).
In the event that any provision of these General Conditions of Use should prove to be unenforceable or invalid by virtue of applicable legislation or as a result of a judicial or administrative ruling, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or invalid as a whole. In such cases, LEKKID will proceed to the modification or substitution of said stipulation by another that is valid and enforceable and that, as far as possible, achieves the objective and pretension reflected in the original stipulation.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.