TERMS AND CONDITIONS OF USE OF UNIKS APPLICATION
CAREFULLY READ THE TERMS AND CONDITIONS OF USE IN THIS CONTRACT BEFORE USING THE UNIKS APP. REGISTERING AS A USER AND DOWNLOADING THE SOFTWARE APPLICATION OR AN UPDATE OF IT WILL BE INTERPRETED AS UNEQUIVOCAL EVIDENCE THAT YOU ACCEPT THE CLAUSES IN THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THEM, YOU CANNOT USE THIS APP OR DOWNLOAD ITS UPDATES.
Wherever the term "Uniks" is used, it refers to either the commercial entity UNIKS APP, S.L. or to the Application called UNIKS.
Wherever the term "Application" is used, it refers to all the ways and platforms through which the user accesses or uses the Uniks services, including, but not limited to, the mobile applications (App), Facebook program and websites.
Wherever the term "Content" is used, it refers to the evaluations published, comments or information of any kind that is made available in the applications.
Wherever the term "Service" is used, it refers to the content, features, functionalities and services offered in connection with the applications.
Uniks desires to provide a safe place where you can create a personal profile for yourself from the evaluations that your network of contacts gives about you. You will have the opportunity to evaluate and receive evaluations from persons who define their relationship with you as a close one, a professional one, or one of friendship.
2. GENERAL INFORMATION
UNIKS APP, S.L. grants users a licence for the use of the Application named "Uniks". This document is a declaration of rights and responsibilities and terms and conditions of use for the Uniks Application. It constitutes an electronic contract between the user and UNIKS APP S.L., whose head office is in Sant Just Desvern, Barcelona (Spain), and whose company tax code (VAT) is ES B66539073.
UNIKS APP, S.L. may, at any time, change the functionalities of Uniks to other improved functionalities, or create updates for Uniks that do not necessarily include all of the existing functions.
Persons younger than 14 years of age are not permitted to use Uniks. Any use of the Service by persons younger than 14 years of age is prohibited.
3. USER ACCOUNT
To use the Applications and Services you have to register as a user with your real name.
If you register through your Facebook account, your permit Uniks to access the information of your Facebook account that you have allowed to be shared. By using the Applications and Services you authorise Uniks to use the Content that you have provided.
You are not allowed to create an account for anybody other than yourself. You can only have one account.
4. PERMITTED LICENCE USES AND RESTRICTIONS
In accordance with what is stipulated in this document, UNIKS APP, S.L. grants you a limited and non-exclusive licence to use the Uniks application.
The service that Uniks offers is exclusively for your personal use. You may not use the Service or any of its Content (including, but not limited to, content from other users, designs, text, graphics, images, videos, information, logos, software, audio files and computer codes) for advertising products or services not offered by Uniks or to create links to other networks.
Uniks may investigate and take legal action against users if it detects an illegal or unauthorised use of the Service.
You agree not to copy, decompile, reverse engineer or attempt to obtain the source code, and not to decode, modify or create derivative works of Uniks or any Service provided by Uniks.
Users that reside or are legally domiciled in other countries of the European Union or outside the European Union must be sure that access to and use of the Application and / or its content is permitted in compliance with its own legislation. In any case, the access and use of the Application by a User that does not comply with the requirement of residence in Spain will be understood to be performed under his sole responsibility, exempting UNIKS from any.
You acknowledge and accept that your full name and the personal information that you provide while registering for your user account will be published by Uniks as part of the Services.
The Content supplied by the users does not reflect the points of view or opinions of Uniks, or those of its directors, owners, employees or agents.
You acknowledge and accept that all Content published by you is your full responsibility and you assume all of the risks and responsibilities associated with said content.
You acknowledge and accept that once Content is published, you will not be able to remove it; with the exception of the user account. You acknowledge and accept that the Content that you send to Uniks is for its stipulated use and for its publication on the Application and consequently, by using the Services, you are irrevocably granting Uniks the indefinite, non-exclusive and royalty-free right to use the aforementioned Content for any purpose and in any format according to the clause 13. These rights can be assigned, transferred and licensed by Uniks.
7. YOUR INTERACTION WITH OTHER USERS
In order to interact with another user, you have to accept a friend request. In any case, you are the only one who is responsible for your relations with other users.
You acknowledge and accept that Uniks currently does not enquire into the past of its users or investigate its users and is not responsible, and does not give guarantees, for its users and Uniks is thus not responsible for their behaviour.
Uniks or its partners will not be held liable, directly or indirectly, for any loss or damage that the user could experience related to their own behaviour or the behaviour of any other user, including, but not limited to, physical or psychological harm.
UNIKS defines the USER PROHIBITED ACTIVITIES in clause 10.
8. CELEBRITY AND GROUP PROFILES
You acknowledge that the profiles of celebrities or famous personalities, shown on Uniks in the Celebrities category in the Menu, do not represent accounts of real users. You understand and accept that these profiles are offered by Uniks to give you the opportunity to evaluate them and discover how they are perceived by people. Interacting with these profiles does not require the prior acceptance of a friend request.
Group profiles are created by the users themselves who assume their administration. In the event that the user requests a group verification, Uniks may ask any additional information deemed appropriate in order to verify the actual identity of the same.
The user who join a group and its administrator give Uniks the right to inform about this vinculation. Users can leave any previosly joined group at any time.
Privacy settings for groups are as follow:
Who can join?
Users who have been accepted by the group's admin
Who can see the group's content (profile)?
Who can see the group members?
Only group members
Who can find the group in a search query?
9. LIABILITY FOR CONTENT SENT BY THE USER
The user acknowledges and accepts that he or she is the only one responsible for all of the Content and personal information that he or she makes available to the Application and the Service in any way, whether publicly or privately, and assumes all of the associated risks and responsibilities.
You understand and accept that once you publish Content, you cannot delete it, although the evaluations that you write can be edited and changed by you.
You acknowledge and accept that Uniks may, but is not obligated to, monitor or revise any Content that users send as part of the functioning and use of the Service.
You acknowledge and accept that your use of the Service, including all Content that you make available to the Service, must comply with all applicable legislation and regulations.
Uniks reserves the right, at its sole discretion, to investigate and take legal action against any user who breaks the rules established in this section.
You acknowledge and accept that Uniks may access, retain and disclose your account information and your Content in cases where it deems, in good faith, that such access, retention or disclosure is reasonably necessary to:
• Comply with some legal order or proceeding;
• Maintain, comply with, or enforce this Contract;
• Respond to complaints about any content that infringes on the rights of third parties;
• Respond to your customer service requests;
• Protect the rights and safety of Uniks, its personnel or any other person.
10. PROHIBITED ACTIVITIES FOR THE USER
In addition to the Service restrictions contained in section 4 and the prohibitions regarding copyright in section 12 of these Terms and Conditions of Use, the following non-exhaustive list of activities is prohibited:
• Encouraging racism, xenophobia or fanaticism of any kind against any group or individual;
• Harassing or intimidating other users of the Service or other persons;
• Imitating or impersonating any person or entity;
• Using the Service unlawfully or to commit an unlawful act or providing information or instructions for carrying out unlawful activities;
• Requesting money from other users;
• Disseminating false or misleading information or information that is injurious to, or defamatory towards, any group or individual;
• Sending videos, audio recordings or photographs with images of another person without their authorisation (or, in the case of a minor, without the authorisation of their parents or legal guardians);
• Sending videos, audio recordings or photographs that incite violence, or that are against sexual freedom;
UNIKS APP, S.L. reserves the right to investigate, suspend or close your user account if you have committed one of the infractions prohibited in this section or if you have behaved in a manner that Uniks deems to be inappropriate or unlawful.
11. SECURITY OF USER ACCOUNT
The user is responsible for keeping their username and the password they choose during the registration process confidential, and he or she is the only one responsible for all activity performed under his or her username and password.
You agree to notify Uniks immediately of any disclosure or unauthorised use of your username or password or of any other security breach that you are aware of by writing to the following email address: email@example.com.
To protect the integrity and security of the Service, Uniks reserves the right, at any time and at its sole discretion, to block certain IP addresses of users accessing the Service.
12. COPYRIGHT POLICY; COPYRIGHT NOTICE AND PROCESS FOR MAKING COPYRIGHT CLAIMS
The domains, trademarks, business names and all other content, materials and information (collectively "Materials") used by Uniks is protected by copyright legislation and other applicable regulations; and Uniks is authorised to use the protected assets of third parties.
You agree not to copy, modify, transmit, create derivative Content, use or reproduce any of the Materials that are accessible during your use of the Service in any way or through any system or channel, without obtaining prior written consent from Uniks or from the third-party rights holders.
You agree not to remove, delete, hide or change notices about rights ownership that appear on the Materials.
In the event that you believe that there has been some violation of your rights during your use of the Service, please send a copyright infringement notice to the following email address: firstname.lastname@example.org.
13. RIGHTS OF UNIKS APP, S.L. TO CONTENT
In the framework of the current legislation, the user of the Uniks Service automatically grants Uniks an irrevocable, indefinite, non-exclusive, non-remunerable, worldwide, sub-licensable, transferable right to:
• Use, copy, store, transmit, disseminate, reproduce, record, adapt, modify and distribute the content published by users on the Service;
• Create new Content that is derived from the aforementioned Content published by users on the Service or incorporate it into new Content;
• Permit and grant authorisations to currently-existing or subsequently-created media organisations to disseminate the aforementioned Content.
14. CHANGES TO THE SERVICE
Uniks reserves the right, at any time, to modify or temporarily or permanently suspend the Service (or any of its functionalities), with or without prior notice.
You acknowledge and accept that Uniks will not be liable to users or to third parties for any modification, suspension or discontinuation of the Service.
15. CUSTOMER SERVICE
Uniks provides its users with help and support through its representatives. In the event that Uniks learns that your behaviour towards any of our representatives or other employees is threatening or offensive, Uniks reserves the right to close your user account.
16. ADVERTISING AND PROMOTIONS
You acknowledge and accept that Uniks is not responsible for the availability of such external websites or resources and that it does not provide support or accept responsibility for any content, information, declarations, advertising, goods or services, or other materials available on such websites or resources. Your business relationships and your participation in third-party promotions are exclusively between you and the third party.
You understand and accept that Uniks will not be liable, directly or indirectly, for any loss or damage caused as a result of advertising or promotions of goods and services or other materials available on or through any website or resource.
17. EXCLUSION OF WARRANTIES
You agree that, to the extent permitted by current legislation, the use of the Application and the Service is entirely at your own risk, and, therefore, you fully accept that the Service is provided “as is” and “according to availability”.
Uniks expressly declines to establish warranties of any kind, whether explicit, implicit or lawful, in relation to the Application and the Service. In addition, Uniks specifically refuses to make warranties with regard to the accuracy of the calculations that, through the use of an internal algorithm, allow us to create the profiles, assess evaluations and evaluate particular aspects (functionalities) of the relationships between users.
18. LIMITATION OF LIABILITY
You acknowledge and accept that, to the fullest extent permitted by law, Uniks will in no way be held responsible for physical or psychological personal harm, including, but not limited to:
• Loss of earnings;
• Any damage that could be caused to the familial, professional or personal sphere;
• Loss of information;
• The inability to transmit or receive data;
• A possible interruption to business activity;
• Problems with functioning, defective functioning or technical faults with any phone network, computer systems, servers, computer equipment, or software, or technical problems or traffic congestion on the Internet or on any website;
• Content deletion, incorrect delivery, errors when publishing any Content or errors related to communications on the Service;
• The behaviour of any user;
• Incorrect or inaccurate Content sent by users to the Service.
You acknowledge and accept that Uniks will not be responsible for any other type of commercial damage or loss resulting from or related to the use or misuse of the Application, the Service, any software or third-party application that is being used in conjunction with the Application or the Service, regardless of how it was caused.
19. ARBITRATION AND APPLICABLE LEGISLATION
You acknowledge and accept that it is mandatory that any disagreement or complaint that arises related to, or as a result of, these Terms and Conditions of Use (including any suspected breach of the Terms and Conditions) or the Service will be exclusively subject to the decision of the Tribunal Arbitral de Barcelona (Barcelona Arbitration Court) in Spain and will be settled through legal arbitration.
20. VALIDITY OF THE AGREEMENT BETWEEN THE USER AND UNIKS APP, S.L.
In the event that any part of this agreement is rendered null and void, the rest of this agreement will remain in full force and effect.
Any failure on the part of Uniks to exercise or enforce any right or provision in this contract in no way constitutes a waiver of such rights or provisions.
The user account is personal and may not be transferred to third parties. In the event that a user dies, this account cannot be used by third parties and all the rights of the users related to the Contents will be extinguished. To request the elimination of an account of a deceased person, contact the email address email@example.com.
21. MODIFICATION OF THE TERMS AND CONDITIONS OF USE.
These Terms and Conditions of Use are subject to possible changes by Uniks at any time, at its sole discretion, with or without prior notice. The user will be duly informed of the changes. The use of Uniks after the changes supposes acceptance of those changes.
You can deactivate your account at any time and for any reason in the Configuration section of the application.
Uniks can deactivate your account and block your use of the application at any time, without prior notice and at our sole discretion, without being under any liability or obligation to you.
In the event that your account is terminated due to the wish of either party or for any reason, except in the case that Uniks decides otherwise at its sole discretion, the regulations of these Terms and Conditions of Use will continue to apply to the Content, specifically a) the rights of other users to share the Content that you may have previously shared on the Application and on the Services, and b) the indefinite, non-exclusive and royalty-free right of Uniks to use the Content published by you on the Application and the Services.
You acknowledge that Uniks does not have control over the Content published on the Application and the Services and that Uniks is not obligated to take any action in relation to Content associated with you, users who publish Content about you, possible effects that the Content may have on you, how.you or any other person may interpret the Content, or the actions that you may decide to take as a result of the Content.
Uniks is not liable to you for any loss, damage or liability related to the Services and the Content.
In no event will Uniks be liable in any way for any Content, including, but not limited to, any Content that contains errors, defamatory declarations, confidential or private information, or for any loss or damage of any kind incurred as a result of the use, publication or disclosure of any Content sent, consulted or transmitted through the Application or the Services.
You agree to waive the right to present or enforce any claim against Uniks relative to the Content, and you release Uniks from any and all liability for, or in relation to, any Content.
THESE TERMS AND THESE WAIVERS DO NOT AFFECT RIGHTS THAT CANNOT BE LAWFULLY EXCLUDED.