Ideateca Factory, S.A. (hereinafter Ideateca) fulfills the requirements of Statute 34/2002, of 11 July, on Information Society Services and Electronic Commerce, of Statute 56/2007, of 28 December on Measures to Foster the Information Society, and also of Constitutional Act 15/1999, of 13 December, on Personal Data Protection and the Regulations that develop said Act (Royal Decree 1720/2007, of 21 December which sanctions the Development Regulations of Constitutional Act 15/1999 on the Protection of Information of a Private or Personal Nature). To this end the following conditions of use have been drawn up:
IDEATECA FACTORY, S.A.U
Calle Buenos Aires 13 48001,
Bilbao, Bizkaia.
The present Conditions of Use regulate the access to and utilization of the Portal, including the contents and services thereof placed at the disposal of users in and/or through said Portal, whether by Ideateca, by the Users or by any third party whatsoever.
FIRST: OBJECT OF THE SERVICE
Makefan is a leisure and entertainment portal where registered users can create pages and become fans of pages they like.
The user hereby agrees to make use of the Portal for strictly personal and private ends.
SECOND: CONDITIONS
The use of the abovementioned Portal shall be subject to the following Conditions, which may be updated periodically without prior notice. In the case that the User decides not to accept the present conditions he/she must abstain from accessing and/or using the services offered herein by Ideateca.
Likewise, the proprietor of the portal reserves the right to improve, alter or delete, without prior notice, the service and/or the content of said portal for any reason whatsoever.
Obligation to make proper use of the Portal: The User is hereby bound to make good and proper use of the website and not use it to engage in illicit activities or those contrary to bona fides and legal governance including, but not confined to, the following: causing physical or logical damage to the systems of the responsible administrators or to those of any supplier or third party whatsoever; originating or spreading digital virus or any other physical or logical system capable of causing the abovementioned damages, especially with regard to those which violate or transgress personal or family privacy laws and the image of persons, intellectual property rights of whatever nature belonging to third parties as a consequence of transmission, dissemination, storage, provision, reception, possession or access to content or images of third parties; acts of unethical or illicit competition and illegal advertising as a consequence of the transmission, dissemination, storage, provision, reception, possession or access to the content; lack of truth, accuracy, exhaustiveness, ownership, or currency of the content. In all such cases the User hereby exonerates www.makefan.com from responsibility with regard to any juridical or non-juridical demand or reclamation in relation to the misuse of the Portal.
The User shall be the sole party responsible for any content or files made available on the portal, and as such is bound not to publish (or upload) any file (understood in the sense of video, audio, text, etc) that may be subject to copyright or other third party intellectual property rights, except insofar as the owner of such rights will have granted a formal license or permission to communicate, distribute or reproduce the material in question. Ideateca will accept no responsibility whatsoever for damage or loss of whatever nature that could be attributed to services provided by any third party. Use and Custody of Access Data The User is bound to make proper use of access and maintain the secrecy of the same. Maintaining the secrecy of the password will be the exclusive responsibility of the User, who will as a consequence assume all those damages, expenses and/or losses that may derive from breaking this obligation or from revealing said password, as well as all those consequences of improper use by third parties that may result from inadequate custody of said password. Cancellation of Access, Services and Contents. Ideateca may at its own sole discretion refuse, deny, retire suspend and/or block access to the provision of the service at any time and without prior notice to users who fail to comply with these Conditions, reserving the right to delete the account and all information files relating to the same or refuse access to such files or to the service itself. Ideateca assumes no responsibility whatsoever for loss or damage resulting from cancellation of the service. Ideateca reserves the right to fully or partially refuse access to the services to certain Users and likewise to cancel, suspend, block or delete certain kinds of content by the use of the appropriate technological means in the event of obtaining substantiated evidence that information stored and/or disseminated is illicit or causes prejudice to the goods or rights of third parties. The User accepts and acknowledges that Ideateca reserves the right to cancel accounts that remain inactive for an unreasonable period of time.
THIRD: INTELLECTUAL PROPERTY
All the content of the present web-site, including but not limited to its graphics, images, design and those intellectual property rights that may correspond to said content, as well as all those brands, commercial or trading names or any other logo or distinctive sign whatsoever, are the property of Ideateca or of Ideateca's legitimate owners, who explicitly reserve all rights over said content. Ideateca declines all responsibility for damage or loss incurred through the use of the content by Users or for the breach of any applicable legislation by any such User or Users.
The user in this act grants worldwide non-exclusive license and permission to Ideateca and to all other Users to carry out all and any acts of reproduction, broadcast, public communication or distribution of the files that are placed at the disposal of the aforementioned parties by means of the Portal.
FOURTH: MINORS
Full responsibility in the determination of the particular content and/or services to which minors may have access corresponds to the parents or guardians in charge of such minors. Access to the Portal is expressly prohibited to unauthorized minors. Since Internet enables the access of minors to types of content not considered appropriate for infants, Ideateca informs Users that programs and digital mechanisms exist whereby such content may be filtered or blocked, and while such programs are not infallible, they do represent a practical and useful means of limiting the range of content that may be accessed in particular by minors.
FIFTH: COOKIES AND LINKS
The Portal uses cookies, that is to say physical information files lodged in the Users' own terminal which help to facilitate the User's navigation of the Portal. The User may set up his or her navigation software in such a way as to impede the installation of such files (cookies). The proprietors of the site decline all responsibility for external links which may be found or contained in the Portal, the content and operation of such links being beyond the control of Ideateca. The User accedes to the content and conditions of use of such links entirely under his or her own responsibility.
SIXTH: PRIVACY POLICY
The proprietor protects data of a personal nature in accordance with the provisions of information on the protection of data of a personal nature is contained in the Privacy Policy.
For this purpose, measures necessary to avoid the unauthorized modification, loss, treatment or access to personal data have been adopted, taking the current state of technology into account. Notwithstanding, the User should be aware that security measures on Internet are by no means impregnable.In the event that data of a personal nature referring to different natural persons is included in the tool, the user must give prior notice to said persons of the contents of the Privacy Policy. The management may store and make use of this Portal's Users' IP addresses in order to analyze traffic, administer the Portal and carry out tracking of the use of the Portal as a whole. The management also reserves the right to make use of Internet analysis services (such as for example Google Analytics or similar tools) to assist in analysis of the use of the website.
SEVENTH: DURATION AND TERMINATION
The duration of the service provision is in principle unlimited. Notwithstanding, Ideateca is authorized to terminate or suspend provision of the service at any time. The responsible parties will, whenever possible, issue prior notice of the termination or suspension of the provision of service.
EIGHTH: APPLICABLE LEGISLATION
The present Conditions of Use are subject in all their clauses and provisions to the jurisdiction of the law courts of the Kingdom of Spain.