In compliance with the reporting obligations contained in Article 10 of Law 34/2002 of July 11, of Information Community and Electronic Commerce Services (Servicios de la Sociedad de la Información y el Comercio Electrónico) and article 4, section four of the Law 56/2007 of December 28, of Measures for the Promotion of the Information Community (Medidas de Impulso de la Sociedad de la Información), the following information is reflected:
THE OMNEO UNIVERSAL GROUP S.L., a company with tax identification number (CIF) B-86464575, with registered address Avenida Fuencarral 14 D-17, Alcobendas, 28108, Madrid, Spain, registered in the Mercantile Registry of Madrid, Volume 29934, Sheet 58, Section 8, Page M-538733, 1st Registration (hereinafter referred as 'THE OMNEO UNIVERSAL GROUP `), manages the Internet website accessible at the url: http://www.omlime.com (hereinafter called the 'website'). Even though these Terms and Conditions are offered translated into several languages to guarantee they can be read and understood by all our users, accepting these declares that the user knowingly is accepting that the Spanish version will always prevail in the case that any contradictions exists among the different versions.
THE OMNEO UNIVERSAL GROUP offers content, services and information (hereinafter, the "Services") through its website whose use is conditional upon the full and unconditional acceptance by the user thereof to each and every one of these Terms and Conditions, essential to receive any current services or any services made available to the user in the future. The use of the Website attributes the condition of user and implies acceptance of all terms and conditions described.
These Terms and Conditions may not be applicable to all the Services. Specifically, THE OMNEO UNIVERSAL GROUP may offer or provide services via the Website that are subject to their own conditions, in which case they will be communicated to users. Participation in each of the activities or receiving services subject to their particular conditions will in any case constitute the full and complete acceptance of these Terms and Conditions. These Terms and Conditions shall apply in any and all services or activities offered by the Website but not containing specific or particular terms and conditions.
Access to the Website, its use, and any request for Services is prohibited to users under 16 years of age, except with parent authorization. Therefore, by accepting these Terms, you recognize being a person with sufficient capacity to assume the obligations derived from your actuations and that you have read, understood and accept these terms. If you are under age, you should have previous authorization from your parents, tutors or legal representatives, who are notified that according to current legislation, they will be considered liable for all the acts carried out by the minors under their liability. Although the Website can be accessible from outside of Spain, you understand and agree that it is designed to be used by any person complying with the following terms, in any country where its use is not contrary to the local laws and regulations in force. Likewise, the Website may have certain restrictions, not working well or even that all of its services are not available in some countries.
Once a user has accepted the Terms and Conditions hereof, or at the time of access through a social network, or at the time any request for services provided by the Website is made, the user automatically assigns to THE OMNEO UNIVERSAL GROUP any content of published and accepts that the content assigned will now be of public nature.
5.1 The Website user acknowledges and agrees that the elements and functionality within the website are protected by legislation on copyright and intellectual property, therefore the exclusive ownership rests with THE OMNEO UNIVERSAL GROUP. In particular, the user represents and warrants that it is not authorized to reproduce, communicate, distribute nor transform any content included on the Website without the prior express consent of THE OMNEO UNIVERSAL GROUP. Otherwise, the consequences of the breach of this obligation will fall exclusively on the offending user.
5.2. In the case of user shares or uploads content (of any kind such as photos, videos, audio, or literary creations) to the Website ('upload' of content by the Website user) the user may be required to provide any information required in relation to the origin and ownership of the content and means by which the user obtained them. This information must be truthful and verifiable in the event that THE OMNEO UNIVERSAL GROUP so requires.
THE OMNEO UNIVERSAL GROUP reserves the right to decide what content can be put and published on the Website and made public based on their own criteria of what may be considered offensive, indecent or in violation of any applicable law. The user declares to know and accept that once content is posted, accepted and or published on the Website it will be under that user’s name, alias or administrator’s user name and will be available to the public on the World Wide Web, therefore and expressly freeing THE OMNEO UNIVERSAL GROUP of any responsibility for any copyright, intellectual property rights, or any other infringement of third party rights.
THE OMNEO UNIVERSAL GROUP may assign content made available by the Website users to third parties for related activities. To this end, the user of the Website grants THE OMNEO UNIVERSAL GROUP, permission to share, give and grant content to third parties, including the rights of reproduction, public communication, transformation and distribution of audiovisual content and texts to include in the Website.
6.1- Each user guarantees that it is legitimate owner, original or derivatively, of the rights on the content it brings to the Website and as such, is responsible for them. Each user authorizes THE OMNEO UNIVERSAL GROUP to reproduce, distribute, publicly display, disclose, make available to the public and transform the contents communicated through the Website, by any means and for any purpose, whether commercial, advertising or other kind, for everyone and for the maximum period of time recognized by the Royal Legislative Decree 1/1996 of April 12, approving the revised text of the Law of Intellectual Property, the Law 21/2014, of November 4, by amending the previous one, or rules that would substitute, allowing THE OMNEO UNIVERSAL GROUP to freely transfer by any means and sublicense to third parties such rights, except those rights of moral content that legally belong to the user, regarding the content they provide, especially the recognition of his authorship.
THE OMNEO UNIVERSAL GROUP will decide on the suitability of the contents for the purposes of dissemination and may adapt or transform them to the ideal format for distribution on the Website.
6.2- Under no circumstances will any kind of comment or audiovisual content produced by a user, be allowed to be posted, published or made public that:
THE OMNEO UNIVERSAL GROUP does not guarantee the legality, reliability and usefulness of the content provided by users, and is not liable for damages that may result from the transmission, distribution, storage, reproduction, availability, reception or access to such content.
6.3- The user declares and confirms to THE OMNEO UNIVERSAL GROUP that:
The user owns the rights and or any authorizations related to any content or material submitted, shared, uploaded, and that these are originate from the rightful author and are not plagiarizing the work of others.
In case of photographs and / or videos where people other than user appear, that the user has gathered the required authorizations to grant THE OMNEO UNIVERSAL GROUP the rights regulated in this document, ensuring that all are adults (or authorized by their legal representative or guardian) and consent and accept the consequences of publishing to the Website. This user warranty covers those content from social networks, if that possibility was enabled.
The user has the required approvals of the people featured in the audiovisual content made available on the web, ensuring THE OMNEO UNIVERSAL GROUP peaceful use of the rights provided herein.
The content does not contain any viruses or other elements that may damage or impede the normal operation of the Website, THE OMNEO UNIVERSAL GROUP’s systems or computer equipment, or any third parties, or other users’ systems and computer equipment. THE OMNEO UNIVERSAL GROUP, with the full extent permitted by law, is not responsible for any damages that may arrise due to software errors, or content, or the presence of viruses that can cause alterations in the computer system, electronic documents or files of users.
The user is accepting the conditions included in this Legal Notice from the time of uploading / sharing with the website its audiovisual or textual content.
The user assumes any claims that might arise for breach of any of the warranties set forth in the preceding paragraphs and its manifestations on the web, ensuring full indemnity and holding THE OMNEO UNIVERSAL GROUP harmless for such concepts.
6.4- Introduction of links to the web.
Should THE OMNEO UNIVERSAL GROUP allow users to include links from their own websites to the Website, those users must meet the following requirements:
- The link will only connect to the home page or main page of the website but cannot reproduce it in any way (inline links, copying text, graphics, etc).
- It is forbidden to establish frames of any kind that involve the Website or allow the display of its content through an Internet addresses other than that of the Website and Internet, in any case, this prohibition includes content also viewed in conjunction with or outside the Website, where it: (i) creates confusion or misleads users about the true origin of the contents; (II) involves an act of comparison or unfair imitation; (III) serves to exploit or for the defamation of the brand, its reputation and the prestige of THEOMNEO UNIVERSAL GROUP, the site or its contents; or (IV) or violates the customs of good craftsmanship and lawful competition in the market
- The link will not connect to a website that states anything which may be false, inaccurate or incorrect about THE OMNEO UNIVERSAL GROUP, its affiliates, its websites, its partners, its employees, its customers or the quality of the services it provides.
- The link will not connect to a website stating that THE OMNEO UNIVERSAL GROUP has consented the inclusion of the link or otherwise sponsors, collaborates, verifies or supervises the services of the linked website.
- The website linked shall comply with the law and may not under any circumstances provide or link to content owned by themselves or third parties that are unlawful or contrary to morals and good customs or that are inappropriate or in conflict with activities of THE OMNEO UNIVERSAL GROUP.
THE OMNEO UNIVERSAL GROUP does not guarantee the quality, accuracy, reliability, correctness, completeness or morality of the data, information or opinions, whatever their origin, running on the Website or the networks to which the user of the Website can access. The user represents and warrants that it frees THE OMNEO UNIVERSAL GROUP from any liability. Consequently, the user assumes sole responsibility for the consequences, damages or actions that could derive from access to such content as well as its reproduction or diffusion.
THE OMNEO UNIVERSAL GROUP will not be liable for any interruption or lack of continuity of access to the Website caused by acts or omissions of THE OMNEO UNIVERSAL GROUP or any third party. THE OMNEO UNIVERSAL GROUP is not responsible, nor guarantees the compliance by third parties of any applicable laws, copyright and privacy regulations, nor is it responsible for the integrity and accuracy of the content posted by other users on the Website or links contained in the "website".
THE OMNEO UNIVERSAL GROUP is not responsible for the technical availability, nor the content, nor for any damages that the user could suffer as a result of the use of, registrations to, or the content accessed through third party websites or web pages to which the user accesses through links, buttons, banners etc., in the Website. The user is free to accept or reject these offers, but if it does establish a direct link to the site in question, it being possible, THE OMNEO UNIVERSAL GROUP has no connection with it other than the establishment of a link on that third party website. In this case, the third party webite is governed by its own privacy practices and conditions, which the user should consult and, where appropriate, accept. THE OMNEO UNIVERSAL GROUP does not guarantee compliance with the rules on protection of personal data or the information community mentioned in those third party webites, providing third party services and is not responsible for damages of any kind caused by third parties in particular and without limitation, those caused by:
- Failure to comply with the law, morals or public order.
- The incorporation of viruses or any other computer code, files or programs that may damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment.
- Infringement of intellectual property rights, trade secrets, or contractual commitments of any kind.
- Acts that may be construed as false, illegal, deceptive or unfair advertising and, in general, that may be construed as unfair competition.
- The lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, distributed, stored, received, obtained, made available or accessible; the infringement on personal and family privacy and on personal image and honor of persons, or in general, of any third party rights.
- The unsuitability for any purpose and the disappointment of possible expectations, or the vices and defects that may arise in the relationship with third parties.
- The failure, delay in performance, defective performance or termination for any reason of the obligations assumed or contracted with and by third parties.
We ask the user that if you notice that any of the above indicated rules are being broken or if you notice the law being broken, by another user or third party provider, please contact THE OMNEO UNIVERSAL GROUP as soon as possible, through our contact form at http://omneogroup.com/eng/contact-us/
9.2 The Website’s content may not appear on sites that the user can manage, including links to the Website, brands, signs, logos or any other symbol owner or representing THE OMNEO UNIVERSAL GROUP or its affiliates, unless expressly authorized in writing by THE OMNEO UNIVERSAL GROUP.
The user agrees not to use the services offered by the Web for activities contrary to law, morality, public order and, in general, to use under these conditions activities. It also undertakes not to make advertising or commercial exploitation and not to send any message using a false identity, disguise in any way the origin of the message or send unsolicited advertising.
Should THE OMNEO UNIVERSAL GROUP discover, either directly or through third-party applications or third party requirements, the existence of contents that could violate the current laws or any third party rights, these Terms and Conditions, the operating rules of the Website or the use of the same for fraudulent or illegal purposes and / or unauthorized by the present legal terms, THE OMNEO UNIVERSAL GROUP reserves the right, without prior authorization, to eliminate such infringing content or implement any other action deemed necessary to avoid continuity in the commission of the offense or infringement. Identical measures shall apply if a use that, because of their characteristics such as size, format or similar, hinder the operation of the Web is detected.
THE OMNEO UNIVERSAL GROUP reserves the right to refuse to accept, post, display or transmit any Content at its sole discretion, depending on this the editorial line at all times, implying that THE OMNEO UNIVERSAL GROUP is not obligated to making them available to users obligation.
11.1 The Website may make available to the User, at charge or free, different spaces and participation tools to encourage the conversation and the exchange of ideas and opinions among users. Users will be able to:
Create for themselves or a family member, deceased or not, a profile on the Web.
Post information, comments and upload audiovisual content to the authorized OMLIME profile
Share comments with other Website users
The aim of the Community is to remain open and accessible to any user, as long as some basic rules of coexistence and respect are respected.
You must register to gain access to the Community. By means of the space and tools provided the user will have its own page, called Profile, which will identify the user by his real name or user identifier (user ID) associated with that account. The user account may, if the user so chooses, be associated with an image (avatar) of your choice that will visually represent the different profiles in the Website. The avatars of other profiles pages within the Website which are linked to that user profile page will be visible in the User Profile Page and will contain links to those connected profile pages so the user can easily recognize, follow and be informed.
Accepted user comments are public and will be available in the Profile together with other comments, messages, and media entered and / or uploaded by other users. Other users can follow the user activity that is generated on the Website.
The user can follow the activity of other users in the Community, with their permission, thus forming part of profile and subject to comments and sharing personal information.
Public information will be: Names or nicknames, profile pictures (if any), date of birth and, if applicable, the date of death of the user, the professional activity, personal or family developed over the history of his life, number profile hits, among other accepted data entered in the profile by user or others.
11.2 If the profile is created for a person who has already died, the following special conditions shall additionally apply:
- The creator of the profile for the diseased, guarantees to be first-degree family member or that is duly authorized to create a profile to its name. For this purpose, it is understood that a user is entitled to create a profile on behalf of a third when so stated in your insurance policy or any other authentic document, documents which may be requested at any time by THE OMNEO UNIVERSAL GROUP to verify the authority of the user.
- User is authorized as to the extent necessary to raise the audiovisual content and information to the Website ensuring the publication and dissemination by THE OMNEO UNIVERSAL GROUP without infringing personal rights of others.
11.3 Rules for Participation
The user agrees to use the services offered on the Website in accordance with the law, these Terms of and Conditions, morality and generally accepted good customs and public order.
Those messages / content that violate the right to the honor, the personal and family privacy, the self-image will not be tolerated. Neither will be tolerated, whatever their purpose, attempts to impersonate another or the publication of private contact details. To this end, the Community may be moderated by THE OMNEO UNIVERSAL GROUP. The user is responsible for the information added and diffused on the Website.
Messages that may be considered or containing ‘spam’ or those with links to sites that have nothing to do with the subject of the Website service are NOT allowed.
We encourage polite and respectful messages, therefore personal attacks or messages non-related to the purpose of the Website are not allowed.
Posts by users do not necessarily correspond with the editorial line of the Website.
It is forbidden to publish, promotions, and add links to commercial offers, advertising, promotional materials, chain letters or any direct or indirect promotional activity, as well as any other type of comment that does not conform to the normal development of the activity of the Website and Your Community. Exception is made for links to the Funeral Home or Cemetery in charge of the deceased’s funeral service, in which case the link allowed is only a link to the home page or main page of the Website owned and operated by that funeral service provider.
You must respect other users, be tolerant and respectful of messages and opinions of others.
The website reserves the right to remove, for any reason and without notice, any information or content generated in any profile at any time.
The Website offers users a tool to denounce the messages they deem inappropriate in content, accessible via a button link called "problems with the contents of the Website".
The Website declines expressly any liability arising by content posted by users, without prejudice, to which it shall take appropriate measures to detect and address complaints about possible illegal activities by themselves, specifically reserving the right to discontinue at any time contents without notice, temporarily or permanently, the service offered to any user involvement with content that could be deemed illegal, banned or simply inadequate.
THE OMNEO UNIVERSAL GROUP reserves the right to reproduce, modify, or distribute the contents published in the community of the website, without any compensation to the user.
THE OMNEO UNIVERSAL GROUP is not responsible for what is published in the Website nor guarantees the truthfulness or accuracy of any information published by users. For this, the user of the profile is fully responsibility for its content.
THE OMNEO UNIVERSAL GROUP is committed to the availability and continuity of service of the Website but does not guarantee it, and may modify, suspend or remove it from the internet without notice at any time.
The use of tools and participation from other social networks that the Website can make available to the user are the sole responsibility of the user.
THE OMNEO UNIVERSAL GROUP reserves the right to cancel at any time and without liability, any Services offered through the Website, including any content accepted and published on the Website.
For the purposes of Law 15/1999, of December 13, for the Protection of Personal Data, and under Article 5 it is informed to the users of the Website that personal data collected through registration and or surveys and questionnaires available on the Website, will be stored in a personal file, owned by THE OMNEO UNIVERSAL GROUP and duly declared to the AEPD.
The purpose of this file are as follows: (i) enable the management of requests for services or products offered through the Website, (ii) make announcements by way of email or mobile phone number, and (iii) inform users on products and services offered by THE OMNEO UNIVERSAL GROUP, as well as by any other companies or affiliates in its group, as well as on behalf of relevant third parties related to the company's business.
THE OMNEOUNIVERSAL GROUP, established in Alcobendas (28108 Madrid), as indicated earlier in this document, and as responsible of storing this file, guarantees rights of access, rectification, cancellation and opposition of the data provided and agrees that the confidentiality of the data included therein will be respected and used only in accordance with its objective referred to above.
To exercise these rights the user must write to THE OMNEO UNIVERSAL GROUP, SL (Avda. Fuencarral 14 D-17, Alcobendas, 28108 Madrid), at the address indicated in clause 1 of these conditions and indicating 'Data Protection', or through the registration page or via email to firstname.lastname@example.org.
The storage of data provided by users is done in accordance with all the security guarantees required by law and, in particular, by Royal Decree 1720/2007 of 21 December, which approves the Regulations on security measures of automated files containing personal data.
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THE OMNEO UNIVERSAL GROUP reserves the right to change and cancel at any time the Terms and Conditions, promising to communicate the new conditions or nullification, if any.
The user will be liable to any expenses, costs, of indemnifications possible arising from disputes initiated against the user for the breach of any of the clauses of this document, and agrees to indemnify THE OMNEO UNIVERSAL GROUP for any breach of the guarantees.
In compliance with Law 34/2002, we inform you that your contact information can be used to send commercial offers both from THE OMNEO UNIVERSAL GROUP or any of its affiliated companies, or by third parties, unless you expressly opt out by sending us an email to email@example.com
If any dispute should arise between the parties with respect to the interpretation, performance and effects of these Terms and Conditions, provided that it does not reach an agreement acceptable to both parties in the dispute, the parties will be subject to the interpretation as per Spanish law under the jurisdiction of the courts of Madrid, expressly waiving any other jurisdiction that may apply, if legally acceptable.
Using and or subscribing to any service offered by the website implies full acceptance of these Term and Conditions. The user declares to have read these Terms and Conditions and accepts in full.
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