1. Recognition and acceptance of the terms by the user
 

Kuikads Group SL. (“We”, “Us” or “Our”) provides the Kuikads website and various related services (collectively, the “site”) to you, the user, subject to your compliance with all terms, conditions and notices contained therein. or referenced. Herein (the “Terms of Use”), and any other written agreement between us and you. Additionally, when using particular Content (as defined below) on this site, users will be subject to any posted rules applicable to such Content which may contain terms and conditions in addition to these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. For the purposes of these Terms of Use, "Content" is defined as any information, data, communications, software, photos, video, graphics, music, sound and other materials and services that can be accessed, used or viewed by users of our site. This includes message boards, chat, and other original content.

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By executing a contract referencing these terms of use or using this site, you indicate that you have read, understood, and agree to be bound by these terms of use. If you do not wish to be bound by these terms of use, please exit the site now. Your remedy for dissatisfaction with this site, or any products, services, content or other information available on or through this site, is to discontinue using the site and/or those particular products or services. Your agreement with us regarding compliance with these terms of use will be effective immediately upon commencement of use of this site.

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These Terms of Use are effective as of January 3, 2024. We expressly reserve the right to change these Terms of Use from time to time without prior notice. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to become familiar with any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and your agreement to abide by and be bound by the modified Terms of Use.

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As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes (without limitation) all parties involved. in creating, producing, and/or delivering this site and/or its content.

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You may make the Subscription Services available to Your customers as part of providing services to Your customers, provided that You are fully responsible for Your customer's use of the Subscription Services and have the authority to act on behalf of Your customers with with respect to all obligations and representations set forth in these Terms of Use.

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2. Description of services

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We make various services available on this site, including, but not limited to, photo and video hosting, and other similar services. You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

 

We reserve the exclusive right to modify or discontinue the site, including any features of the site, at any time with or without notice. We will not be liable to you or any third party if we exercise such right. Any new features that augment or improve the then current services on this site shall also be subject to these Terms of Use.

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3. Registration data and privacy

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To access some of the services on this site, you will be required to use an account and password which you can obtain by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your registration details as necessary. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as necessary to keep it current, complete and accurate.

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You also grant us the right to disclose certain registration data about you to third parties. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

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4. Conduct on site

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Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the content of your communications through the site. By posting information or using any communications service, chat room, message board, news group, software library or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, distribute or facilitate the distribution of any Content, including text, communications, software, images, sounds, data or other information, that:

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●       is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another person or group of people), or violates our rules or policies which may be updated or amended from time to time;
 

●       victimizes, harasses, degrades or intimidates a person or group of people based on religion, gender, sexual orientation, race, ethnicity, age or disability;

●       infringe any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;

●       constitutes unauthorized or unsolicited advertising, junk or mass mail (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

●       contains software viruses or any other computer code, files or programs that are designed or intended to interrupt, damage or limit the operation of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information from any third party; either

●       impersonates any person or entity, including any of our employees or representatives.

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We do not endorse and assume no responsibility for any materials created or submitted by third party users of the site, including, without limitation, the Content. We generally do not review, monitor or edit the Content posted by users of communications services, chat rooms, message boards, news groups, software libraries or other interactive services that may be available on or through this site. of this. However, we and our agents have the right, in their sole discretion, to remove any Content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or that is harmful, objectionable or incorrect. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against Us arising from such removal of Content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that Content posted on this site infringes any patent, trademark, trade secret, copyright, copyright, advertising or other property rights. of any party.

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Additionally, you may not use your account to violate the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You must not interfere with any other person's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

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You agree that we may, at any time, and in our sole discretion, terminate your membership, account, or other affiliation with our site without notice for violating any of the Terms of Use. You further acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

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5. Third Party Sites, Information and Interactions

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This site may link you to other sites on the Internet or include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may consider inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites, nor are we responsible for any errors. or omissions in any reference to other parties or their products and services. The inclusion of any such link or reference is provided merely as a convenience and does not imply our endorsement or association with the site or part, or warranty of any kind, whether express or implied.

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You may maintain accounts with Publishers that are accessible through the Site. Any such accounts shall be subject to the terms and conditions of Your agreements with such Publishers, and Kuikads shall have no liability and hereby disclaims any and all liability in connection therewith.

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6. Intellectual property information

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Unless otherwise agreed in writing, you agree not to sell, resell, reproduce, duplicate, copy or use for commercial purposes any part of this site.

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By accepting these Terms of Use, you acknowledge and agree that all Content presented to you on this site is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws, and is the property exclusive of Kuikads Group SL. and/or its affiliates. You are only permitted to use the Content as expressly authorized by Us or the specific Content Provider. You may not copy, reproduce, modify, republish, upload, post, transmit or distribute any Content (including, without limitation, documents or information) from this site in any form or by any means without our prior written permission or the Content specific. provider, and you are solely responsible for obtaining permission before reusing any Content that is available on this site. Any unauthorized use of Content appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

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Neither we nor our affiliates warrant or represent that your use of content displayed on or obtained through this site will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that Content posted on this site infringes any patent, trademark, trade secret, copyright, right advertising or other property. right of any party.

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7. Unauthorized use of materials

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Subject to our Privacy Policy, any communication or material you transmit to this site or to us, whether by email, postal mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or materials, you grant Us and Our agents and affiliates a non-exclusive, paid-up, perpetual, worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose, regardless of the form or medium (now known or not currently known) in which it is used.

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Please do not send us confidential or proprietary information unless we have mutually agreed otherwise in writing. We also cannot accept your unsolicited ideas or proposals, so please do not send them to us under any circumstances.

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We respect the intellectual property of others and ask that you do the same. If you or any user of this site believe that your copyright, trademark or other intellectual property rights have been infringed by a posting on this site, you or the user must send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must:

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●       identify in sufficient detail the copyrighted work or other intellectual property right that you believe has been infringed or other information sufficient to specify the copyrighted work that is being infringed.

●       Identify the material that you claim infringes the copyrighted work or other intellectual property right listed in item n. #1 above.

●       Provide information reasonably sufficient to permit us to contact you (email address is preferred).

●       Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing website or other Content (email address is preferred).

●       Include the following statement: “I have a good faith belief that the use of the [copyrighted material/intellectual property right] described above as allegedly infringing is not authorized by the owner of the [copyright/intellectual property right], your agent or the law. "

●       Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the [copyright owner/intellectual property rights owner] or am authorized to act on the owner's behalf of an exclusive right that is allegedly infringed."

●       be signed

●       Be sent to admin@kuikads.com

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You acknowledge and agree that upon receipt of notice of a claim of copyright infringement, we may immediately remove the identified Content from our site without liability to you or any other party, and that the claims of the complaining party and the posting party Originally the Content will be resolved under any copyright legislation applicable in the relevant territory.

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8. Disclaimer of warranties

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All content on this site is provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular ordinary purpose. guarantee of non-infringement. Without limiting the foregoing, we make no warranty that (a) the content will meet your requirements, (b) the content will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the content will be effective, accurate or reliable, or (d) the quality of any products, services or information purchased or obtained by you from the site, us or our affiliates will meet your expectations or be free of errors, errors or defects.

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This site may include technical or other errors, inaccuracies or typographical errors. We may make changes to the content, including prices and descriptions of any products found here, at any time without notice. The content may be out of date and we make no commitment to update such content.

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Your use of the services or downloading or other acquisition of any content through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data. that result from said occupations.

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Through your use of the site, you may have the opportunity to engage in business transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, without limitation, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed solely between the seller or buyer of such products and services and you. We make no warranty regarding any transactions executed through this site or in connection with this site, and you understand and agree that such transactions are carried out entirely at your own risk. Any warranty provided in connection with any content, products, services, materials or information available on or through this third party site is provided solely by such third party, and not by us or any of our affiliates.

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The content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity unrelated to us. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made by anyone other than an authorized Kuikads Group SL spokesperson. to speak in his official capacity. These policies are incorporated by reference into these Terms of Use.

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You understand and agree that temporary interruptions of services available through this site may occur as normal events. You further understand and agree that we have no control over the third-party networks that you may access while using this site, and therefore delays and interruption of other network transmissions are completely beyond our control.

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You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

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Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

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9. Limitation of liability

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In no event will we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages of any kind, including, without limitation, any resulting data or benefits, whether whether or not advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or any site referenced or linked from this site.

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Furthermore, we will not be responsible or liable in any way for any third party goods and services offered through this site or for assistance in transacting business through this site, including without limitation the processing of orders.

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Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

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10. Compensation

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Upon request, you agree to defend, indemnify and hold us and our affiliates harmless from all liabilities, claims and expenses, including attorneys' fees, arising from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

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11. Security and password

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You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you should take steps to ensure that others do not have access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to terminate your account immediately if you transfer or share your account.

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12. Participation in promotions

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From time to time, this site may include advertisements served by third parties. You may correspond with or participate in promotions of advertisers displaying their products on this site. Any correspondence or promotions, including the delivery and payment of goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We do not assume any responsibility, liability or liability for any part of such correspondence or promotion.

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13. Email, messaging, blogging and chat services

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We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and Us that, except where expressly stated or contradicted, include these Terms.

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We do not inspect or disclose the contents of Private Communications except with the consent of the sender or recipient.

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We may employ automated monitoring techniques or devices to protect our users from unsolicited mass communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and we will not be responsible for any legitimate communications that are blocked or any unsolicited communications that are not blocked.

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Mailboxes may have limited storage capacity. If you exceed the maximum allowed storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible or liable for any such deleted or blocked messages.

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14. International use

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Although this site may be accessible worldwide, we make no representation that the Content on this site is technically appropriate or available for use in locations outside the European Union and access those in territories where the Content (or any element thereof ) is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with this site is void where prohibited.

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15. Termination of use

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You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspicion of fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

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Upon termination or suspension, regardless of the reasons, therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files on your account and/or Prohibit any further access to such files or this site. We will not be liable to you or any third party for any claims or damages arising from any termination or suspension or any other action we take in connection with such termination or suspension.

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16. Applicable law

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This site (excluding any linked sites) is controlled by Us from Our offices in Spain. It can be accessed from all over Spain, as well as from other countries in the world. As each of these places has laws that may differ from those of New Zealand, by accessing this site we both agree that the statutes and laws of Spain, without regard to conflicts of law principles, will apply to all matters related with the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within Spain with respect to such matters.

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17. Notices

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All notices to a party will be in writing and made by email to the attention of Customer Service at support@kuikads.com . Additionally, we may transmit notices or messages through the site to inform you of changes to the site or other matters of importance, and such transmissions will constitute notice to you at the time of sending.

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18. Complete agreement

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These terms and conditions constitute the entire agreement and understanding between us with respect to the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented or amended by you through the use of any other document(s). Any attempt to alter, supplement or amend this document or to place an order for products or services that are subject to additional or modified terms and conditions will be null and void, unless otherwise agreed in a written agreement signed by you and we. To the extent that anything on or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall control.

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19. Various

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In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against Us or our Affiliates must be commenced within one year after the cause of action arises or be forever waived and barred.

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You may not assign your rights and obligations under these Terms of Use to any party, and any attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

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If any part of these Terms of Use is held invalid or unenforceable, that part will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. . and effect.

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Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

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BLOG AND MESSAGE BOARD TERMS OF USE

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Kuikads Group SL. ("We" or "Us" or "Our") offers use of its blog and message board services (together with the Content posted thereon, the "Services") subject to the terms and conditions of use (the " Terms ”) contained in this document. All references in this document to "We", "Us" or "Our" are intended to include Kuikads Group SL and any other affiliates. hosted by Us (the "Blog"), and in consideration of the Services We provide to you, you agree to comply with these Terms carefully before posting or creating a Blog We reserve the right to change, at any time, our. sole discretion, the Terms under which these Services are offered. You are responsible for periodically reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. do not use the Services.

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1. Disclaimer of liability of the company for the content of the blog

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You understand that all Content posted on the Blog (the "Content") is the sole responsibility of the person who originally posted the Content. You also understand that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as our representatives or any of our sponsors or partners. The opinions you or others post on the Blog do not necessarily reflect Our opinions.

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2. Publication

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(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, fully transferable, assignable and sublicensable right and license to use, copy and reproduce, modify, adapt , publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and incorporate it into other works in any manner, form, medium or technology now known or later developed. . You further warrant that all purported moral rights in the Content are waived.

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(b) By posting Content on the Blog, you warrant and represent that you own or control all of the rights to that Content, including, without limitation, all rights necessary for you to provide, post, upload, input or submit the Content, or that your use of the Content is permitted by law (including any fair use or fair dealing exception). You agree that you will not knowingly provide false, misleading material or information. You further represent and warrant that the Content you provide does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a non-disclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc. By submitting Content, you represent and warrant that you have the permission of all people captured in such Content (e.g. photo[s]/video[s]) to share and post your image and if the people captured in the submitted Content are under eighteen (18) years of age, you represent and warrant that you have obtained permission from the parent or legal guardian of such person(s) to share and post their image. You also agree that the Promoter will have the right, in its sole discretion, but not the obligation, to use any Content that you have submitted. You agree not to assert any claim against the Promoter in connection with its use or non-use of the Content, including any claim based on moral rights.

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(c) You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of or relating to your use of the Blog. any Content you provide to the Blog, or your violation of these Terms or the rights of another person.

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3. Accessing

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(a) You agree that we will not be liable, under any circumstances and in any way, for any errors or omissions, losses or damages of any kind incurred as a result of the use of any Content posted on this site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree not to collect information about others, including email addresses, or use information obtained from the Services or through use of the Content to send other users unsolicited email or other electronic correspondence of any kind.

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(b) The Blog is provided for informational purposes only; We will not be responsible for the accuracy or availability of any information that appears or is available on the Blog.

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(c) Blog posts may provide links to other websites on the Internet. We are not responsible for such content and we make no express or implied warranty as to the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, services or other materials on or available from such websites or resources. The inclusion of links does not imply our endorsement of the Websites or any association with their operators.

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(d) We may allow you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password and are responsible for any activities that occur through the use of your account and password. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this provision.

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4. Children

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Collecting personal information from children under the age of 18 (“minors”) through the Services or the Blog is prohibited. No content should be directed at minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.

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5. Privacy Policy

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Be sure to read our Privacy Policy, which is available on this site and incorporated herein by reference.

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6. Unauthorized use of materials

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See Site Terms of Use – Unauthorized Use of Materials (above).

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7. Termination of access/deletion of content

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We will have the right, in Our sole discretion, to terminate your access to and use of the Services and/or remove any of your Content if we believe that your statements or conduct are inaccurate, illegal, obscene, defamatory, threatening or infringing of intellectual property. . rights, invasive of privacy, harmful, objectionable or in violation of these Terms or applicable law.

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8. Disclaimer of warranties

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Please see Site Terms of Use – Disclaimer of Warranties (above).

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9. Limitation of liability

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Please see Site Terms of Use – Limitation of Liability (above).

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10. Acceptance and acknowledgment of the terms

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Use of this site constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of ours, including the Site's Terms of Use that may govern your conduct. Thank you for participating in the blog. Please feel free to contact us at support@kuikads.com if you have any questions.

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Copyright (c) 2024 Kuikads Group SL.