TERMS & CONDITIONS OF USE OF THE www.midokura.com WEBSITE

1. CORPORATE DATA
2. PURPOSE AND SCOPE
3. ACCESS AND ACCEPTANCE OF THE TERMS & CONDITIONS
4. OBLIGATIONS OF THE WEBSITE USERS
5. PERSONAL DATA PROTECTION AND COOKIES POLICY
6. LIABILITY REGIME

• LINKS TO THIRD PARTIES WEBSITES
• DURATION AND MODIFICATION OF THE TERMS & CONDITIONS
• CONTACT
• JURISDICTION AND APPLICABLE LAW
• GENERAL CONCEPTS

1. CORPORATE DATA

The company MIDOKURA IBERICA, S.L., with registered office in C/ Tanger 37, 08018 Barcelona (Barcelona) Spain, holder of the Tax Identification Number B-67006965 and duly registered in the Mercantile Registry of Barcelona in the Book 45970, Page 68, Section 8, Sheet 505488, Inscription 1st (hereinafter, “MIDOKURA” or the “Company” or “We” or “Us”) is the owner of and is legally responsible for the website www.midokura.com (hereinafter, the “Website” or the “Web”).  

MIDOKURA makes the Web available to Internet users (hereinafter, the “User” or “Users” or “You”) so that they can learn more about MIDOKURA and the companies that make up the Midokura corporate group, specified at https://www.midokura.com/contact/ (hereinafter, the “Midokura Group”), to know the services We provide, how to be part of the Midokura team and to contact us or to request information.

• PURPOSE AND SCOPE

These general terms and conditions of use of the Website (hereinafter, the “Terms & Conditions“) regulate, together with the Privacy Policy and the Cookies Policy, the use of the Website, as well as the relationship between MIDOKURA and its Website Users. These Terms & Conditions specifically set forth the rules to be fulfilled by Users while using the Website.

These Terms & Conditions will always be accessible to Users on the Website in the same language of the Website so that You can check, review, download or print them at any time.

These Terms & Conditions, as well as the Privacy Policy and the Cookies Policy  have been drafted in accordance with the current regulation regarding consumers rights, Internet and e-commerce and personal data protection in force in Spain and the EU.

• ACCESS AND ACCEPTANCE OF THE TERMS & CONDITIONS

By accessing the Website You become a Website´s User. Access to the Website is free except for the part related to the cost of the connection through the telecommunications network provided by the Internet access provider hired by You.

Users can freely browse the Website and access it as many times as they want. No registration is needed.

By accessing the Website, Users declare that they are of legal age and that they have the necessary legal capacity to browse the Website as well as to fully understand and accept these Terms & Conditions.

• OBLIGATIONS OF THE WEBSITE´S USERS

By accessing the Website Users agree to use the Website in accordance with these Terms & Conditions, good faith and current legislation. Likewise, by using the Website You state and guarantee that You are of legal age and that You understand and accept these Terms & Conditions. Any fraudulent, abusive, illicit, or contrary to good faith use by the Users of the Website and its functionalities is strictly prohibited.

In any case, Users must refrain from:

1. Reproducing, distributing, publicly communicating, transforming or modifying the Website or any of its contents, including these Terms & Conditions, regardless of the purpose of the said use, without prior written authorization from MIDOKURA.
2. Entering data programs on the Website or its network that may cause damage to the computer systems of MIDOKURA, its suppliers or third parties.
3. Carrying out any type of illicit, fraudulent activity or activity contrary to these Conditions of Use, current legislation and/or good faith or that prevents and/or hinders the correct use of the Website or its content.
4. Inserting in web pages, platforms, forums, chats, blogs, or social networks of others any type of link that allows linking or reproducing the Website or any content thereof with said webs, platforms, forums, chats, blogs, or networks outside social networks except if the link only links directly to the main page of the Website without being able to reproduce it in any way.
5. Linking or reproducing the Website or its content from websites, platforms, forums, chats, blogs, or external social networks that are contrary to the law, offensive or attempts against human dignity, fundamental rights or MIDOKURA itself and/or are likely to be considered criminal.
6. Entering and/or disseminating content on the Website that violates human rights and the dignity of people, such as, for example, racist, xenophobic, pornographic content or content that advocates terrorism.

• PROTECTION OF PERSONAL DATA AND COOKIES

As set forth in our Privacy Policy, MIDOKURA undertakes to process Users’ data always respecting their confidentiality and privacy and in accordance with the purposes for which such data are collected. MIDOKURA is compromised with its obligation of keeping and processing the Website Users´ personal data in a safe way applying in their processing all the security measures needed to avoid their alteration, loss, processing or access of unauthorized third parties in accordance with the provisions of current legislation regarding personal data protection. To learn more about how We process your personal data, please read our Privacy Policy and our Cookies Policy.

• LIABILITY REGIME

Users shall use the Website and its content in accordance with the provisions of these Terms & Conditions, current legislation and good faith. Any use of the Website or its content contrary to these Conditions of Use, the law or good faith is expressly prohibited, regardless of whether such use has or not an economic purpose.

The User will be responsible for any damage or harm caused to MIDOKURA or to third parties derived directly or indirectly from any use made of the Website or its content contrary to these Terms & Conditions, the law, the public order and/or good faith.

MIDOKURA requires services provided by third parties so that the Website and its content are accessible to Users. It is possible that despite the efforts made by MIDOKURA to keep the Web available and accessible, it may be suspended, interrupted, or canceled for reasons beyond MIDOKURA’s control. For this reason, MIDOKURA does not guarantee the absence of interruptions or errors in accessing the Website or its content, nor that it is always updated or is shown in its latest version. Consequently, MIDOKURA declines any responsibility for damages that may affect Users due to the suspension, interruption, lack of continuity, network failure or disconnection from the Website.

In no case and under no circumstances will MIDOKURA be liable for damages or losses caused to Users deriving from causes not attributable to MIDOKURA, such as, as an example and in no case limited to, natural disasters, situations of force majeure or extreme urgency, viruses, harmful components, browser malfunctions, computer intrusions or third-party attacks.

• INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Website and its content are subject to protection under regulations on Intellectual and Industrial Property. MIDOKURA is the owner and/or has duly licensed all Intellectual and Industrial Property rights over the Website and its content.

Any form of reproduction, distribution, public communication, transformation and, in general, any other act or form of exploitation, whether for commercial purposes and/or for free of the Website and/or its content, without the prior and express consent of MIDOKURA is totally forbidden.

MIDOKURA reserves all Intellectual and Industrial Property rights over the Website and its content. In no case and under no circumstances accessing to the Web or browsing the Website implies any transfer and/or license of any kind by MIDOKURA of the Intellectual or Industrial Property rights of the Web and its content.

By reproducing, disseminating, publishing, sharing, or sending the User any content on or through the Web, he guarantees MIDOKURA that he is the legitimate owner of the same or that he holds the image, Intellectual and/or Industrial Property rights or any other necessary for their use, reproduction, and public communication about them. Likewise, by reproducing, disseminating, publishing, sharing, or sending any content, regardless of its nature or content, on or through the Web, you grant MIDOKURA free of charge on said content in a non-exclusive manner, for everyone, until the works enter in the public domain and irrevocably all the rights of exploitation of intellectual property in all its modalities, including the power to sublicense said rights to third parties.

• LINKS TO THIRD PARTIES WEBSITES

The third-party websites, platforms, forums, chats, blogs, or social networks that link to the Website must clearly inform that they do not have the authorization or supervision of the Company and that said link or link does not entail, suppose, or imply association of any kind between MIDOKURA and third-party websites, platforms, forums, chats, blogs, or social networks that link to the Web.

In any case, any link that has the Web as its destination must be directed directly to the home page or home page of the web by clicking on the URL address of the web, covering the entire screen of the home page or home page. of the Web.

MIDOKURA is not responsible in any case and under any circumstance, for the contents, information or data related to the Web, its content or any other matter that contains the websites, platforms, forums, chats, blogs, or social networks of others that link or link to the web.

It is expressly prohibited to link or link to the Website from websites, platforms, forums, chats, blogs or social networks contrary to law, morality, and good customs, especially those with pornographic, illicit, illegal content or attempts against human rights.

On the other hand, the Website may contain links to websites, platforms, forums, chats, blogs, or social networks of third parties. Despite MIDOKURA´s efforts, We do not have the human and/or technical means to know or control the information and/or content that appears on third-party websites. For this reason, in no cases shall MIDOKURA be responsible for the content of the linked sites of third parties from the Website and under no circumstances may the said links be considered effective knowledge of the content of the sites to which they link.

The websites, platforms, forums, chats, blogs or social networks of others that link or link to the Web must clearly inform that they do not have the authorization, nor the supervision of the Company and that said link or link does not entail, suppose or imply association of any kind between MIDOKURA and the websites, platforms, forums, chats, blogs or social networks of others that link or link to the Web.

• DURATION AND MODIFICATION OF THE TERMS & CONDITIONS

These Terms & Conditions will be in force during the time they are available for Users in the Web. As soon as these Terms & Conditions are modified or updated totally or partially, these conditions will cease to be in force, being the new Terms & Conditions those to regulate the use of the Web and the relationship between MIDOKURA and the Users.

MIDOKURA informs Users that these Terms & Conditions may change over time. Thus, MIDOKURA reserves the right to modify these Terms & Conditions when needed due to changes on the Web; corporate changes of MIDOKURA or its corporate group; economic, operational, or business circumstances or changes in MIDOKURA’s business model and/or legislative or jurisprudential developments. In case of modification of these Terms & Conditions, MIDOKURA will inform Users on the home page of the Web about said circumstance so that the Users are duly informed and can consult the revisions, modifications, or updates to their entire satisfaction.

1. CONTACT

Users can contact MIDOKURA via email (info@midokura.com) to solve any problem or doubt they may have.

1. JURISDICTION AND APPLICABLE LAW

These Terms & Conditions together with the Privacy Policy and the Cookies Policy are governed by the Spanish regulation in force. In case of dispute, MIDOKURA and the User shall submit for the resolution of conflicts to the jurisdiction that corresponds to the User according to the applicable regulations.

1. GENERAL CONCEPTS

In no case and under no circumstances any lack of exercise of its rights by MIDOKURA can be understood as a waiver of them.

The headings contained in these conditions are merely indicative or informative, in such a way that they do not affect, qualify, or expand the interpretation of the same.

If any of the clauses contained in these Conditions is declared null, abusive, or inapplicable, totally, or partially, by a judicial or administrative body, said declaration will individually affect the clause in question, taking the same for not and without the declaration of nullity, abuse or inapplicability being extended under any circumstances to the rest of the conditions, which will remain.

Current version as of: 2022