OBLUMI SL. TERMS OF DIGITAL SERVICES
Last updated: 24 July 2015
- General Terms.
This agreement defines the terms of digital services provided by Oblumi SL through the Internet (hereinafter called “Oblumi’s Services” or “Oblumi Cloud”), including the accounts, support systems, websites, etc.). In this agreement, the terms “Oblumi”, “we” and “our” refer to Oblumi SL, a company registered in Spain under CIF [Tax ID Code] No. B-90155789 and corporate domicile located at calle Alcalde Luis De Uruñuela s/n, Edificio Congresos, módulo 402, in Sevilla, Spain.
We recommend that you keep a hard copy of this document. WHEN CREATING A USER IN OBLUMI CLOUD, THE USER ACKNOWLEDGES AND ACCEPTS THAT THE USE OF THE SERVICES AND CONTENTS OF OBLUMI ARE SUBJECT TO THIS AGREEMENT.
FUNCTIONS OF OBLUMI’S SERVICES OR OF ANY OF ITS ACCOUNTS, ASSISTANCE SYSTEMS OR WEBSITES
- Updates to the terms of service.
These terms may be revised and modified by Oblumi at any time. If the user does not accept the changes made to these Terms of Service, he/she shall stop using Oblumi’s services.
- Registration in Oblumi.
The access and use of Oblumi’s Services require a user account (hereinafter called the “Oblumi Account”). It is only allowed to have one single Oblumi Account for each user. To create and complete the Oblumi Account registration, the user shall provide a valid email ID belonging to him/her and from which he/she can reply, which will be his/her user name and password. When completing the registration, the user accepts to receive information and exclusive offers of Oblumi products and its associated companies at the email address of Oblumi Account. The user may at any time unsubscribe from this information and offer service by clicking on the link provided for such purpose in the emails sent by Oblumi. In that case, unsubscribing from said service shall not be understood as de-registering of the Oblumi Account. Additionally, in some products, the user may use a name or nickname (hereinafter called the “Nick”). The user may not use a Nick used by somebody else, if vulgar or offensive (at Oblumi’s discretion), that violates intellectual property rights or trademarks or that somehow infringes the terms set forth herein. The user is the only person responsible for the activities conducted through its account and for the security of his/her password. It is strictly prohibited to share the password. Each user shall choose his/her password and shall not share it with any other user. Further, it is also strictly prohibited to know, store or save other Oblumi Account’s passwords, regardless of the reason. It is completely prohibited to access or attempt to access someone else’s Oblumi Account. The user agrees to notify Oblumi via email to “email@example.com” of any unauthorized use of his/her account, as well as of any security breach affecting it (and also agrees to provide documented evidence of such breach upon request from Oblumi). Oblumi SL shall not be liable for the damages that may derive from the use of its account or password by third parties. The user shall be the only person liable for the damages incurred by Oblumi or by third parties due to the use of someone else’s account. Moreover, under no circumstance shall the user use and account that does not belong to him/her. When Oblumi’s Services are linked to social network accounts (such as Facebook or Google+), the user shall be solely responsible for keeping the confidentiality of such account and password in any such social network and for the activities conducted on that account.
- Cancellation and suspension.
Oblumi reserves the right to cancel or suspend access to Oblumi’s Services or Oblumi Account with no previous notice if (i) the user breaches the terms of this Agreement or (ii) if there is suspicion of fraudulent use or lucrative purposes of Oblumi’s Services, or of any other illegal activities associated to a user-registered account or one used by him/her. Likewise, Oblumi reserves the right to suspend or cease access to Oblumi’s Services or Oblumi Account of a certain user in the event that: (i) violating the regulations (if any) of any of Oblumi’s Services is proved; (ii) unsporting behaviour or behaviour contrary to fair play standards in any of Oblumi’s Services are observed at Oblumi’s discretion or (iii) messages or communications that, at Oblumi’s discretion, may result offensive or of bad taste to any other user are detected.
- Suspension of services.
The user accepts that Oblumi may change or suspend at any time, any of its Services, being released from any and all responsibility. If Oblumi’s Services are suspended, users will be notified within 30 days in advance via an announcement posted on www.oblumi.com.
OBLUMI’S SERVICES ARE OFFERED “AS IS”, WITH NO WARRANTY, WHETHER EXPRESS OR IMPLIED. TO THE EXTENT THAT APPLICABLE LAW ALLOWS IT, OBLUMI EXPRESSLY WAIVES ANY AND ALL LEGALLY ESTABLISHED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF COMMERCIALISATION, OF SUITABILITY FOR A SPECIFIC PURPOSE AND OF NO VIOLATION OF COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS. OBLUMI DOES NOT WARRANT THAT THE FUNCTIONS OF OBLUMI’S WEBSITE OR OF ANY OF ITS ACCOUNTS, ASSISTANCE SYSTEMS, WEBSITES AND, IN GENERAL, ANY OF OBLUMI’S SERVICES, ARE FREE FROM INTERRUPTIONS OR ERRORS, THAT THE INCIDENCIES WILL BE CORRECTED OR THAT OBLUMI’S SERVICES OR THE SERVERS SUPPORTING THEM ARE FREE FROM VIRUS OR OTHER HARMFUL ELEMENTS. CERTAIN JURISDICTIONS DO NOT ALLOW SOME OF THE FOREGOING WAIVERS OR LIMITATIONS, SO SOME OF THEM MAY NOT BE APPLICABLE. IN THAT CASE, THE RESPONSIBILITY SHALL BE LIMITED TO THE EXTENT POSSIBLE BY CURRENT LEGISLATION.
- Medication dose references. Limitation of liability.
As part of the services offered by Oblumi, here follow the medication dose references. Although these references are based on the prospects published by the Spanish Agency of Drugs and Sanitary Products (from the Spanish Agencia Española de Medicamentos y Productos Sanitarios), available at www.aemps.gob.es, in Spain and in the prospects provided by the corresponding Agencies of each country in which this service is provided, they must never be taken as exclusive reference. Taking any medication must be made following a medical prescription and always after having read its prospect. If in doubt, please contact your physician. In any case, Oblumi shall not be responsible for any direct or indirect consequence or damage caused by the use of such medication.
- Limitation of liability.
UNDER NO CIRCUMSTANCE, WHETHER BY CONTRACT, WARRANTY, NEGLIGENCE, GRIEVANCE OR THE LIKE, SHALL OBLUMI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR RESULTING, PUNITIVE OR ADMONITORY DAMAGE CAUSED BY THE FUNCTIONING OR THE OPERATION (OR THE OMISSION OF THE FUNCTIONING OR THE OPERATION) OF OBLUMI’S SERVICES OR OBLUMI CONTENT, EVEN IF OBLUMI HAS EXPRESSLY WARNED OF THE POSSIBILITY THAT ANY SUCH DAMAGE MAY HAPPEN. Without prejudice to the foregoing, nothing stated herein shall limit the responsibility of OBLUMI to the user for that which is not subject to limitation or waiver under the law. CERTAIN JURISDICTIONS DO NOT ALLOW SOME OF THE FOREGOING WAIVERS OR LIMITATIONS, SO SOME OF THEM MAY NOT BE APPLICABLE. IN THAT CASE, THE RESPONSIBILITY SHALL BE LIMITED TO THE EXTENT POSSIBLE BY CURRENT LEGISLATION.
- Legal principles.
OBLUMI reserves the right to take all the legal and technical measures it deems timely in the event of breach of this Agreement. The impossibility of OBLUMI to apply any of the rights and provisions stated herein shall not constitute a waiver to and of any such right or provision or of any other provision included therein.
Oblumi, S.L. is registered with the Agency of Data Protection. The personal information provided to Oblumi, S.L. is registered in accordance with the rules set out by this Governmental agency. The user exclusively gives his/her consent so that his/her data may be used in the free delivery of information and offers of Oblumi or its collaborators. Under the law, the user may exercise the rights of access, modification and cancellation of the data provided, by means of a simple request to Oblumi’s Customer Service Department.