Legal notice

1. Legal information and acceptance

In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the company’s identification details are set out below. This Internet portal is made available to users by the company, whose identification details are as follows

This legal notice sets out the general conditions governing access to and use of this website, hereinafter “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses the website, without prejudice to the particular conditions that may apply to some of the specific services of the website.

Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by users. Certain services are exclusive to our customers and access to them is restricted.

The use of the Portal confers the condition of Portal user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time at which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as the Portal and its conditions of use set out in this Legal Notice may undergo modifications.

Some Portal services accessible to Internet users or exclusive to clients of Oniria Animaciones y Creaciones SL, may be subject to special conditions, regulations and instructions which, where applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.

2. Intellectual and industrial property

This website and its contents are protected by current legislation on intellectual property.

Oniria Animaciones y Creaciones SL is the owner or licensee of all intellectual and industrial property rights of its website, as well as of the elements contained therein. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorisation of Oniria Animaciones y Creaciones SL in its Terms and Conditions.

The trademarks, trade names or distinctive signs are owned by Oniria Animaciones y Creaciones SL either by industrial or intellectual property, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and/or distinctive signs.

All products and services on these pages that are NOT owned by Oniria Animaciones y Creaciones SL are registered trademarks of their respective owners and are recognised as such by our company. They only appear on the Oniria Animaciones y Creaciones SL website for promotional and information gathering purposes. These owners may request the modification or elimination of the information belonging to them.

3. Terms and conditions of use of the portal

3.1 General

The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Oniria Animaciones y Creaciones SL or to third parties for any damages that may be caused as a result of non-compliance with this obligation.

It is expressly forbidden to use the Portal for purposes harmful to the property or interests of Oniria Animaciones y Creaciones SL or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Oniria Animaciones y Creaciones SL or third parties.

3.2 Contents

The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.

By way of example, the User, in accordance with current legislation, must abstain from:

• Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorised by law or expressly consented to by Oniria Animaciones y Creaciones SL or by whoever holds the ownership of the exploitation rights, as the case may be.
• Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
• Extract and/or reuse all or a substantial part of the Contents of the Portal as well as the databases that Oniria Animaciones y Creaciones SL makes available to Users.

3.3 Introduction of links to the Portal

Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law:

• The link will only link to the home page or main page of the Portal but may not reproduce it in any way (online links, copy of texts, graphics, etc.).
• It shall be prohibited in all cases, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Oniria Animaciones y Creaciones SL or (IV) in any other way is prohibited by current legislation.
• The page that introduces the link shall not make any false, inaccurate or incorrect statement about Oniria Animaciones y Creaciones SL, its partners, employees, clients or about the quality of the services it provides.
• Under no circumstances shall it be stated on the page where the link is located that Oniria Animaciones y Creaciones SL has given its consent to the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
• The use of any word, graphic or mixed brand or any other distinctive sign of Oniria Animaciones y Creaciones SL within the sender’s page is prohibited except in cases permitted by law or expressly authorised by Oniria Animaciones y Creaciones SL and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
• The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own or third party content that: (I) is illicit, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (II) induce or could induce in the User the false conception that Oniria Animaciones y Creaciones SL subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not pertinent to the activity of Oniria Animaciones y Creaciones SL in view of the place, contents and subject matter of the sender’s website.

4. Exclusion of liability

4.1 Information

Oniria Animaciones y Creaciones SL accepts no responsibility for decisions taken on the basis of the information provided on the Portal or for any damages caused to the User or third parties as a result of actions based solely on information obtained from the Portal.

4.2 Quality of service

Access to the Portal does not imply any obligation on the part of Oniria Animaciones y Creaciones SL to control the absence of viruses, worms or any other harmful computer element.

It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programmes.

Oniria Animaciones y Creaciones SL is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.

4.3 Availability of the Service

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation is not the responsibility of Oniria Animaciones y Creaciones SL. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.

Oniria Animaciones y Creaciones SL shall not be liable for damages of any kind caused to the User as a result of faults or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.

4.4 Content and services linked to through the Portal

The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, Oniria Animaciones y Creaciones SL acts as an intermediary service provider in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the contents and services supplied on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify Oniria Animaciones y Creaciones SL in accordance with the procedure and effects established in clause 6, without this notification in any case entailing the obligation to remove the corresponding link.

Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of Oniria Animaciones y Creaciones SL with the statements, contents or services provided.

Oniria Animaciones y Creaciones SL has no knowledge of the contents and services of the Linked Sites and therefore accepts no liability for any damage caused by the unlawfulness, quality, out-of-date nature, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to Oniria Animaciones y Creaciones SL.

5. Data protection.

You can consult our privacy policy to find out how we use your personal data.

6. Reporting of activities of an illegal and inappropriate nature

In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact Oniria Animaciones y Creaciones SL indicating the following points:

1. Personal data of the caller: name, address, telephone number and e-mail address;
2. Description of the facts that reveal the unlawful or inappropriate nature of the Linked Site;
3. In the case of infringement of rights, such as intellectual and industrial property rights, the personal data of the holder of the infringed right when this is a person other than the communicator.
4. It must also provide proof of the right holder’s entitlement and, where applicable, of representation to act on behalf of the right holder when he/she is a person other than the communicating party;
5. Express declaration that the information contained in the claim is accurate.

The receipt by Oniria Animaciones y Creaciones SL of the communication provided for in this clause does not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.

It must also provide proof of the right holder’s entitlement and, where applicable, of representation to act on behalf of the right holder when he/she is a person other than the communicating party.

7. Notifications

All notifications and communications made by the parties shall be valid in accordance with the means permitted by law. Those relating to this Portal shall be considered effective, for all purposes, if they are made through the Portal itself.

8. Modifications

Oniria Animaciones y Creaciones SL reserves the right to make any modifications it deems appropriate to its website without prior notice, being able to change, delete or add both the contents and services provided through the website and the way in which they are presented.

In addition, these terms and conditions may change at any time. The modifications will take effect from the moment of their publication.

9. Social Networking

Oniria Animaciones y Creaciones SL is present on various social networks and platforms, therefore, when accessing any of these or other networks, it must be taken into account that the applicable conditions of use are those that each platform has established, in which Oniria Animaciones y Creaciones SL does not intervene.

10. Legislation

This Legal Notice is governed in each and every one of its aspects by Spanish law. Provided that the applicable law allows the waiver of the established legal jurisdiction, the courts of Malaga are designated as the jurisdiction to settle possible disputes, the user expressly waiving any other jurisdiction that may apply.