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Legal notice

Identity of the owner of this website

In compliance with 10 of Law 34/2002 of 11 July on e-commerce and information society services, you are hereby notified that the owner of www.tumaker.com is:

Registered name:

Tumaker S.L

Tax ID Code:

B-75116541

Address:

Ihurrita bidea 13, pabellón 25 1º, Oiartzun, Gipuzkoa

Telephone:

943 49 12 44

Fax:

943 260961

Email:

cuentanos@tumaker.com

General terms and conditions for use of this web page

Accessing this website confers on you the condition of “User” and implies your express acceptance without reservations of the general terms and conditions that are published on www.tumaker.com at the moment in which you access the website. Therefore, the User must read these general terms and conditions of use whenever he/she proposes to access the site and, where applicable, the use of services provided on this website, as said terms and conditions may be amended.

In this sense, “User” is understood to be the person who accesses, navigates, uses or participates in the services and activities – free or paid – carried out at www.tumaker.com.

Purpose and scope of application

These general terms and conditions for use regulate the access, navigation and use of www.tumaker.com, as well as the responsibilities arising from the use of its contents, such as texts, graphics, drawings, designs, code, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property.

Tumaker, S.L. may establish specific conditions that shall apply to the use and/or contracting of services wherein these general terms and conditions would be of additional application.

Conditions for access to and use of the services

In principle, access to www.tumaker.com is free and without charge. However, certain services and content may be subject to the prior contracting of the service or product. In these cases, the specific terms and conditions created for this purpose that Tumaker S.L. shall make available prior to contracting shall be applicable.

Minors wishing to make use of the services contain on this website must obtain the prior consent of their parents, guardians or legal representatives, who shall be solely responsible for the acts carried out by the minors in their care.

The User must at all times make licit use of the services available on this website, in accordance with the present general terms and conditions, current legislation, morality and public order, as well as those practices generally accepted on Internet.

The User guarantees all information supplied on the subscription forms included on this website is licit, real, exact, true and up to date. The User is exclusively responsible for informing Tumaker, S.L. of any changes there may be to the information supplied.

The User shall refrain from introducing viruses, programs, macros, or any sequence of characters intended to damage or alter the IT systems of this website, hindering access of other users by the massive consumption of resources, gathering data included on this website for advertising purposes, reproducing, copying, distributing, transforming or making available to third parties content included on this website, carrying out actions using the services included on this website that may infringe on the intellectual property, industrial secrets, contractual commitments, rights to honor, image and personal privacy of third parties, carrying out actions involving unfair competition and illicit advertising.

If the User has to register to use and/or contract the service on Tumaker S.L., the User shall be responsible for providing true and licit information. If, as a result of said registration, the User is provided with a password, he/she agrees to use the password needed to access said services diligently and keep it secret. Consequently Users are responsible for protecting and keeping confidential any identifiers and/or passwords they may be provided with and agree not to transmit them to third parties, whether temporarily or permanently, nor allow them to be accessed by persons unconnected to them. The User shall be responsible for the illicit use of the services by any illegitimate third party using for said purposes a password as a result of non-diligent use or loss thereof by the User In cases of theft, loss of or unauthorized access to his/her password, the User shall be responsible for notifying Tumaker, S. L. immediately so that it can be cancelled. In no case shall Tumaker, S.L. be liable for actions carried out by unauthorised third parties until the User has effected the aforementioned notification.

Intellectual and industrial property rights

Tumaker, S.L. is the holder of the intellectual and industrial property rights of all elements making up www.tumaker.com, including the trademark, commercial name and distinctive sign. In particular, but not solely, these rights protect the graphic design, source code, logotypes, text, graphics, illustrations, photographs, sounds and other elements contained on the website.

In no case shall access to or navigation on www.tumaker.com imply waving, transmitting or granting a full or partial license by Tumaker, S.L. for the personal use of its intellectual and industrial property rights by the User.

The User therefore agrees that the reproduction, copying, distribution, commercialisation, transformation, reuse, public communication and, in general, any other form of exploitation by any means of all or a part of the content of Tumaker, S.L. constitutes an infraction of its intellectual and/or industrial property rights.

All information not of a personal nature that is voluntarily transmitted to www.tumaker.com via Internet (including all comments, suggestions, ideas, graphics, etc.) shall become the exclusive property of Tumaker, S.L. which shall make use of its unlimited rights of usage, without owing any compensation in his/her favour, nor in favour of any other person as a result.

Responsibilities and guarantees

Tumaker, S.L. does not guarantee the legality, reliability, utility, truthfulness or exactness of the content and services included on www.tumaker.com, and thus shall not be liable for any damages of any type arising from dissatisfaction with its usefulness or from expectations that the User may have placed therein.

Tumaker, S.L. declares that it has adopted the technical and organisational measures that, within its possibilities in the state of the art enable the correct operating of the website, along with the absence of viruses and dangerous components. However, it does not accept liability for:

The continuity and availability of the contents and services contained at www.tumaker.com

The lack of errors in those contents or the correction of any defects that may occur

The absence of viruses and/or other harmful components at www.tumaker.com

That the security measures adopted are failsafe

The damages and losses caused by any person who breaches the security systems of www.tumaker.com.

The User shall be solely liable to third parties for any communication sent personally or on his/her behalf to www.tumaker.com, along with the illegal use of the content and services contained in this website

Tumaker, S.L. reserves the right to suspend access temporarily and without prior notice to www.tumaker.com for maintenance, repair, updating or improvement operations. When circumstances so permit, Tumaker, S.L. shall publish on its website and announcement indicating a scheduled date for suspending the services sufficiently ahead of time.

Link to other websites that may exist on www.tumaker.com may take you to websites for which Tumaker, S.L. shall not assume liability in any way as it does not have any control thereof. The purpose of these links is to inform the User of other sources of information and you, as the User, therefore access the content under your own liability and according to the terms and conditions of use for those sites.

Tumaker S.L. shall not be liable for the use the User may make of the content and services included in its website. If therefore does not guarantee that the use that the Users may make of the aforementioned content and services comply with the general terms and conditions of use or that they do so diligently.

Duration and modification

Tumaker, S.L. reserves the right to completely partially modify these general terms and conditions for access by publishing the changes on the website. It may also make any unannounced changes it deems appropriate in its website, and may change, delete or add the content and services the website offers, as well as the way in which the content and services are presented or located. As a result, the general terms and conditions that are published at the time that the User accesses www.tumaker.com shall be considered to be in force, so that the User must periodically read these terms and conditions for use.

Irrespective of the provisions in the specific terms and conditions, Tumaker, S.L shall be able to declare access to the page content closed, suspended or interrupted, at any time without any need to provide prior warning, and the User shall have no possibility of demanding any compensation whatsoever.

Applicable legislation and jurisdictional competence

The relations established between Tumaker S.L. and the User shall be governed by the provisions in the current regulations and the competent jurisdiction. However for cases in which the regulations provide for the possibility of the parties submitting to a judicial power,Tumaker, S.L. and the User expressly waive any other judicial power that might correspond to them and submit to the courts and tribunals of the city of San Sebastían.