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LEGAL NOTICE

Editor: The Dukier.com site was produced and edited by Dukier.com, society by simplified actions with 300 000 euros capital, under the number B87783502 with the head office situated at: 

Calle de las Huertas, 11

Telephone:  +34 651 69 59 11

E-mail:  info@dukier.com

Director of publication: David Alonso

Manager of drafting: David Alonso

N° individual of VAT: B87783502

1. License
User agrees that the Website and the Content are and remain the sole property of Dukier, and, except as expressly permitted by Dukier in writing, User’s license to access, browse and/or use the Website and the Content is limited solely to a limited, personal, revocable, non-exclusive, non-transferable license to (i) access and view the Website and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for User’s non-commercial use and not for resale or distribution to anyone else. User further agrees that, with respect to any Content that User downloads, creates, generates, stores and/or prints, pursuant to these Terms of Use, User will reproduce and include all copyright and other proprietary notices included in such Content.

Except as expressly permitted by Dukier in these Terms of Use or otherwise in writing, User may not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or the Content, in whole or in part, in any form or by any means, whether manual or automatic. User shall not use any keywords, meta tags, meta elements, “hidden text” or other equivalents using the name “Dukier”, “Dukier.com” or any colorable equivalent thereof without the prior written authorization of Dukier.

All rights not expressly granted to User in these Terms of Use are expressly reserved and retained by Dukier or its licensors, suppliers or other content providers. Users may not misuse the Website or Content and may only use the Website and Content as permitted by law. In the event, User fails to comply with these Terms of Use, the licenses granted by Dukier shall terminate immediately.

2. Intellectual Property
All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, including without limitation any and all trademarks, copyrights and patents, are the property of Dukier, its licensors or suppliers. The Website and Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by Dukier’s express written authorization.

All other trademarks, service marks, domain names, logos and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Kiko or their respective owners.

Except as provided in these Terms of Use, Dukier does not grant User any rights in or to the Trademarks or the Other Trademarks. User agrees that User shall not use the Trademarks or Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Dukier or the respective owners of the Other Trademarks as the case may be.

Dukier vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, Dukier will prosecute any unauthorized use or reproduction of any of the Content, databases used to store the Content (“Databases”) and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

3. Use of the Website
User acknowledges and agrees that the Content and Databases or any other information contained therein are valuable intellectual property owned by or licensed to Dukier, and that no proprietary rights therein are being transferred to User by these Terms of Use. User agrees that it shall not, directly or indirectly, (i) use any of the Content, Databases or any other information contained therein for any purposes other than User’s personal, non-commercial use; (ii) use the Content, Databases or any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom; (iii) use the Content, Databases or any other information contained therein in violation of any applicable laws or regulations; (iv) publish or distribute in any medium the Content, Databases or any other information contained therein, in whole or in part, to any other entity; (v) access or attempt to access any other User’s account; (vi) obtain or ascertain or attempt to obtain or ascertain any other User’s username, password and/or personal information (“Personal Data”) by any means whatsoever; (vii) elude or attempt to elude the Website’s security systems; (viii) attempt to gain access or gain access to the Website in a fraudulent manner; (ix) use the Website for any purpose other than those intended by Dukier as set forth in these Terms of Use; or (x) upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.

User acknowledges and agrees that any and all misappropriation or misuse of the Content, Databases and/or any other information contained therein will cause irreparable harm to Dukier and that in such event money damages will not constitute sufficient compensation to Dukier. Consequently, in the event that User, directly or indirectly, misappropriates or misuses the Content, Databases and/or any other information contained therein, User specifically consents to Dukier obtaining injunctive relief against User in addition to any other legal or financial remedies to which Dukier may be entitled.

Dukier reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate a User’s password and account should that User be in violation of these Terms of Use. If you are under 18, you may use the Website and the Services only with the involvement of your parent or guardian. Dukier reserves the right to refuse to provide services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

4. Registration and User ID
In order to take advantage of the Services, Users may choose to register on the Website by entering certain Personal Data and following the instructions given in the registration program. User hereby agrees that all Personal Data provided to Dukier in connection with registration is accurate and up-to-date. In the event a User’s Personal Data changes, User agrees to update it on the Website using the instructions available thereon.
User is solely responsible for maintaining the confidentiality of its registration information, including a username and password (“Registration Information”). User agrees not to authorize third parties to access the Website using User’s Registration Information. User is responsible for all use of the Website by any individual accessing the Website through User’s Registration Information. User may not sub-license, transfer, sell or assign its Registration Information and/or its obligations under these Terms of Use to any third party without the prior written approval of Dukier. Any attempt at such assignment will be null and void and shall be considered a material breach of these Terms of Use. Dukier expressly reserves the right to terminate a User’s account and/or refuse service to a User, without prior notice, if User violates these Terms of Use, or if Dukier decides, at its sole and exclusive discretion, that it would be in Dukier’s best interest to do so.

5. User Submissions
Dukier may from time to time permit Users to submit content to the Website. User hereby acknowledges and agrees that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than Personal Data and/or Registration Information) to Dukier through the Website (individually and collectively, “Submissions”), User (i) grants Dukier a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grants Dukier the right to pursue at law any person or entity that violates User’s and/or Dukier’s rights in User’s Submissions; and (iii) forever waives any and all of User’s rights, including but not limited to moral rights, if any, in and to User’s Submissions, including, without limitation, any all rights or requirements of attribution or identification of User as the author of the Submission or any derivative thereof. User further acknowledges and agrees that User’s Submissions are non-confidential and do not contain proprietary information. Dukier reserves the right to not post a User Submission on or to remove any User Submissions from the Website, in whole or in part, without notice, for any reason or no reason. Dukier is not liable for nor does it endorse any statement, idea or representation contained in the Submissions, and Dukier does not guarantee the Submission’s accuracy, integrity or quality. Further, any review that violates the provisions of these Terms of Use or the guidelines set forth below regarding submission of content will not be posted on the Website.

Except as described in Dukier’s Privacy Policy, Dukier will not be required to treat any Submissions as confidential, and User acknowledges and agrees that Dukier may use, in connection with its business, any of the concepts and ideas contained in User’s Submissions (including, without limitation, product or advertising ideas) without compensation to User, and Dukier will not incur any liability to User as a result of any similarities between concepts and ideas contained in User’s Submission and future Dukier operations and business. Except as otherwise set forth in these Terms of Use, Dukier is entitled to use the Submissions for any commercial or other purposes whatsoever without compensation to User or any other person, and without User’s consent.

User Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to Dukier’s Privacy Policy. User is responsible for the content of User’s Submissions and agrees to defend, at Dukier’s option, and at User’s sole expense, indemnify and hold Dukier, its affiliates and their respective employees, agents, representatives, successors and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Dukier may incur as a result of User’s Submissions.

With respect to User Submissions, User acknowledges, warrants and agrees that:

1. User’s Submissions will be true and accurate, and the original work of User’s authorship, that User is not employed or otherwise being compensated by the provider of the products or services (if any) that User’s Submissions relate to, and that User is not impersonating any other person;

2. User has the right to make User’s Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which User’s Submission relates; and

3. User’s Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringes the intellectual property, trade secrets or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.

6. Digital Millennium Copyright Act
If notified of an allegation that the Website contains infringing information, materials or other content, Dukier may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Website. Notices to Dukier regarding any alleged infringement should be sent to Dukier at the address set forth above.

7. Links to and from Third Party Sites
The Website may contain live hypertext links to other third party websites which can be accessed by Users. Such other websites contain information created, published, maintained, or otherwise posted by organizations not related to an otherwise independent of Dukier. Dukier does not endorse, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Dukier provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those websites’ respective terms of use and privacy policies. Neither the inclusion of the link on the Website nor reference on the linked website to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Dukier. User acknowledges and agrees that Dukier shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites.
There may be circumstances in which access to the Website is provided by a hypertext link located at another third-party website. Dukier has no responsibility for the content of such other websites, Dukier does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and User acknowledges and agrees that Dukier shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites. Dukier does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Dukier, User agrees not to: (i) provide or create a link to the Website; or (ii) create any frames at any other websites pertaining to any of the Content located on the Website. User further agrees not to post any materials to the Website without the express written permission of Dukier.
These Terms of Use and any other Dukier policies, rules or guidelines that User may find on this Website do not apply to companies that are not affiliated with or controlled by Dukier, or to the activities of individuals not associated with Dukier. Therefore, before using the services of any third party website, it is recommended that User become familiar with terms of use and other policies posted regulating such third party websites.

8. Security
Dukier has extensive security measures in place to protect the loss, misuse, and alteration of the information stored in its Databases. Dukier will exercise reasonable care in providing secure transmission of information between Users’ computers and Dukier’s servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, Dukier does not ensure or warrant the security of any information transmitted to Dukier over the Internet, and Dukier accepts no liability for any unintentional disclosure of User’s information.

9. No Warranties; Limitation of Liability
THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR USER’S REVIEW IN ACCORDANCE WITH THE NOTICES AND TERMS OF USE SET FORTH HEREIN. THE INFORMATION AND CONTENT AND THESE TERMS OF USE MAY BE CHANGED OR MODIFIED BY DUKIER FROM TIME TO TIME WITHOUT NOTICE, AND IN ITS SOLE DISCRETION. THE WEBSITE IS OPERATED BY DUKIER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DUKIER BUSINESSES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE DUKIER BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NEITHER THE DUKIER BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR USER’S ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO USER’S COMPUTER OR DATA OR ANY OTHER DAMAGE USER MAY INCUR IN CONNECTION WITH THE WEBSITE. USER’S USE OF THE WEBSITE IS AT USER’S OWN RISK. IN NO EVENT SHALL THE DUKIER BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS ON THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND, ACCORDINGLY, THE ABOVE EXCLUSION IS VOID WHERE PROHIBITED BY LAW.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NEITHER THE KIKO BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. WITHOUT LIMITING THE FOREGOING, THE DUKIER BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

10. Indemnification
User agrees to indemnify, defend and hold Dukier, Dukier Businesses, and their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of User’s use of the Website and/or any Content, information (text or graphical), software, or products obtained through the Website and/or from Dukier.

11. Privacy Policy
Dukier recognizes the importance of protecting the privacy of Users. Users are encouraged to view the Web site's Privacy Policy at https://www.dukier.com/pages/politica-de-privacidad , which is incorporated by this reference into and made part of these Terms of Use.

12. Applicable Law
All disputes against Dukier, including but not limited to disputes as to these Terms of Use, the license hereunder, Website access restriction and/or termination, Dukier’s intellectual property, privacy and disclaimer of warranties shall be governed by the laws of the Madrid, Spain.

13. Severability; Waiver
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Dukier’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

14. Entire Agreement
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between Dukier and User with respect to User’s access to and use of the Website. These Terms of Use supersede all prior or contemporaneous communications and proposals between User and Dukier, whether written or oral, with respect to User’s access to and use of the Website. For the avoidance of doubt, other agreements between User and Dukier, including, without limitation, the other policies and terms posted on the Website with respect to privacy, terms of sale and/or other subject matter that is unrelated to User’s use of and access to the Website, are not governed by or superseded by these Terms of Use.

15. Communications and Complaints
All User communications and complaints regarding Dukier and the Website shall be communicated by email or postal mail to the address set forth hereinabove.