Last up-date: 18th October , 2013
The majority of the ZINKIA Sites have an educational and entertaining purpose. The referred sites may also include practical information, as well as information pertaining to the company, its trademark licensees and partners. Notwithstanding the foregoing, the contents accessible through the ZINKIA Sites do not constitute a professional advice (medical, financial, legal or otherwise). In consequence, the information should not be used for any of these objective or purposes.
ZINKIA is a public company, duly registered and established in accordance with the Spanish legislation, with registry number A-82659061. ZINKIA is registered in the commercial registry of Madrid, volume 15.359, sheet 224, section 8, page M-257615, inscription 23.
The contact details for any communication or notification are as follows:
Zinkia Entertainment, S.A.
Calle Infantas, 27, first floor
28004 Madrid (Spain)
Tel.: (+34) 91.524.03.65
Fax: (+34) 91.524.07.37
3.1. General Rules:
Access to and uses of the ZINKIA Sites are made under the User´s sole responsibility. The User warrants and agrees that he/she will make a proper and responsible use of the services and/or contents made available through the ZINKIA Sites. In particular, the User agrees that he/she shall not make any illicit or unlawful use of the Sites or any such use which in any way contravenes the good faith or the public order. In addition, the User undertakes not to act in any way that may damage the image, interests or rights of ZINKIA or of any third party, or that may impede in any way the normal use of the ZINKIA Sites.
3.2 Rules of Conduct
By using the ZINKIA Sites, the User agrees not to undertake any of the following actions:
- Publish, distribute, communicate and/or transmit, in any way, any information, message or file which ZINKIA may consider to be: a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) which may otherwise harm or can reasonably be expected to harm any person or entity;
- Publish, distribute, communicate and/or transmit, in any way, any information, message, file or any other content which infringes or violates any right of a third party and/or any piece of national or international legislation or regulation, including without limitation:
(a) copyright, patent, trademark, trade secret or other proprietary or contractual rights;
(b) right of privacy (specifically, the User must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- Advertise or sell any product, service or good (whether or not for profit), or offer his/her services, or otherwise use any forum for any commercial purpose;
- Publish, distribute, communicate and/or transmit, in any way, any application and/ or component which contains a virus or other harmful component;
- Impersonate persons or entities or otherwise create a fake profile, and/or pretend to maintain a relationship with certain persons or entities;
- Participate in antisocial, harmful or malignant computing-related conducts, such as: "flaming," "spamming," "flooding," "trolling," and/or "griefing" (terms and actions which are commonly understood and used on the Internet), including any other harmful and bad faith practices.
- Modify and/or suppress any of ZINKIA ´s logos, contents and legal advices (including copyright and trademarks warnings);
- Publish, distribute, communicate or transfer, in any way, data and affirmations which do not generally pertain to the designated topic or theme of the relevant public forum;
Lastly, ZINKIA reserves the right to comply with any orders or instructions from public authorities and to cooperate with the police to identify any User who may be deemed to use the ZINKIA Sites to infringe the applicable law.
3.3. Links to third parties:
The ZINKIA Sites may contain links to third party sites, and certain sections may allow the User to make certain operations through third parties and/or to purchase third party goods or services (i.e. and among others, Youtube, Facebook or Pocoyo’s Official Shop). Such third parties or third party sites have their own data protection policies, terms and conditions and commercial practices, which are in all cases different from ZINKIA´s own policies. Any agreement and communication between the User and the third party is established between the involved parties, and are not binding for ZINKIA. ZINKIA disclaims all responsibilities, conditions and warranties over the fitness, accuracy, and completeness of the contents and/or services from any third party or its sites. Any claim, suggestion or request that a User may have with respect to any content delivered by third parties, must be addressed to directly to such party.
The User expressly warrants and accepts that ZINKIA will, under no circumstance, be directly or indirectly responsible for the goods, services, resources and/or contents offered through the agreements and communications with third parties, including any damages or losses produced or presumably occasioned by, or in relation to, the content, advertisements and commercial practices of a third party.
3.4 References to products, services and/or third parties’ trademarks:
Reference to any third party product, process, publication or service through ZINKIA Sites made using its commercial name, domain name, registered mark, commercial identity, registered service, logo, manufacturer or otherwise is provided “as is” and does not involve the recommendation or approval by ZINKIA or any of its affiliates. The responsibility over any promotion or online advertisement through ZINKIA ´s site shall exclusively pertain to the advertising company.
The Users may warn ZINKIA if they notice any error or inappropriate content through the sites linked with the ZINKIA Sites or in any of the third party contents through the ZINKIA Sites.
3.5 Links to ZINKIA Sites:
Any link from any portal to the ZINKIA Sites must be previously approved by ZINKIA, which is entitled to deny and/or accept the petition to its own discretion. ZINKIA may also revoke at any time any given authorization. The insertion of links between websites shall in no event imply the existence of any commercial relationship between ZINKIA and the owner of any linked site.
3.6 Registry and accounts:
Some ZINKIA Sites, or any of their sections, services, or contents, may require its prior registry by the User.
In the event that the User wishes to have an account, he/she undertakes that the data and information to be provided shall be true, accurate, complete and updated. If ZINKIA, to its sole discretion, deems that the data are not correct, accurate or complete, it shall be entitled to prevent the User to accessing the site or any of its services, as well as to cancel or suspend the account.
ZINKIA may require parents or guardians´ direct registry through certain sections (for instance, in the Pocoyo World social network), in order to allow kids to enjoy the contents. Such consent is specifically directed to the adults in charge of the kids and not to the minors themselves. ZINKIA advises parents and guardians to continuously monitor the activity of their children while navigating through ZINKIA ´s Site. ZINKIA also warns the parents to keep safe all access passwords and user details, especially from their children.
Notwithstanding the foregoing, ZINKIA may require at any moment the submission and signature of a dully completed document including the authorization for using the ZINKIA Sites by a minor, when appropriate.
If any User suspects that a minor has registered to ZINKIA Sites without the parents´ approval, he/she must contact immediately ZINKIA, which will then eliminate such profile and, if appropriate, create a new one, by writing to the following email address: firstname.lastname@example.org
The Users are solely responsible for maintaining the confidentiality and privacy of their user names, passwords and accounts, together with any activity related to such accounts. The Users specifically commit themselves to establish protection measures to avoid third parties´ access to their accounts. Amongst others, the Users agree to log off correctly from their account once the session has finished. The Users will also inform immediately ZINKIA of any fraudulent use of their name, password and account.
3.7 Payment services:
With regards to the purchase and payment of online digital products, the User acknowledges and agrees that due to the own nature of these products these shall be deemed not refundable and the right to reject them shall not be applicable. Online digital products may have a user expiry date.
Subscriptions to Premium sections and/or services are not generally refundable. Prices for every type of subscription (either by card or SMS) are indicated in the applicable ZINKIA sites section where these services are offered. In addition, the FAQs section may contain useful information about the operation of these services.
3.8 Forum and communication services
The User participating in any forum available through ZINKIA Sites agrees and accepts to comply with the terms herein established.
The forums from the ZINKIA Sites are addressed to different Users ´ categories. For this reason, the Users must respect the nature of each of them. Those forums which are addressed specifically to children offer the opportunity to communicate through predefined white list messages in order to preserve kids´ privacy and intimacy. ZINKIA advises parents to educate their children in the use of forums. ZINKIA Sites may also operate forums directed to parents and adults.
The User accepts that all information submitted to a ZINKIA Site through any forum will be sent using the Internet. In consequence, the confidentiality of the information contained in such message cannot be preserved. The User expressly accepts that the forum and services from the ZINKIA Sites are of a public nature, not private. ZINKIA warns the User of the risk of providing personal information through these services, such as the publication of messages in the forum or in instant messaging conversation, to which other persons may access or make use of them. ZINKIA cannot warrant the security of the information disclosed by the User in such services. Such disclosure will be done under the User ´s sole responsibility. ZINKIA recommends Users to provide alias, nicknames or similar in such forums and invites participants not to provide any personal data to prevent ill-natured persons making use of such information.
The Users will be solely responsible of the content of the messages submitted to the forums. ZINKIA is not responsible for the contents and opinions published in the forums. The User is, in consequence, the sole and exclusive responsible of the content of the messages published with his/her user name and of the use of the information contained in such forum. ZINKIA reserves the right to eliminate and/or modify the content of any such message of a forum, at any time and at its sole discretion.
Warning.- ZINKIA warns all Users about some precautions to be adopted before accessing a forum. Users accessing a forum shall not, for instance, presume that the other participants are who they claim to be, know what they claim to know, are related with whom they claim to be. The information from the forum may not be reliable and it is not advisable to take important decisions, such as commercial and investment relation, based solely or principally in information that the User cannot verify. ZINKIA cannot be responsible the content or the completeness of such information and does not assume any responsibility over any commercial, investment or other decision based in such information.
3.9 Use of electronic cards and other communications:
Some of the ZINKIA Sites offer the submission of electronic cards. The User must solely use the electronic cards or the mobiles messages with non-commercial purposes. In order to send a card or message of this kind, he or she must provide ZINKIA with an e-mail address or with a mobile phone. It is absolutely forbidden to send such cards and mobile messages through massive mailings or automated programs. The electronic cards and mobile messages must not contain inappropriate language or contents from third parties and may not promote illegal activities. The electronic cards and mobiles messages which do not comply with these rules must not be sent, and the User shall be responsible for making use of them. The User shall also be responsible for providing the recipient ´s e-mail and undertakes that it has obtained the prior consent from such person. ZINKIA shall access such address solely for the purpose of sending such message or card, without maintaining any such data for any other purposes. The User must avoid sending any such message through the ZINKIA Sites without the recipients consent.
3.10 Security measures:
ZINKIA adopts security and technological measures reasonably appropriate for the correct functioning of the ZINKIA Sites. Notwithstanding the foregoing, ZINKIA cannot warrant the inexistence of viruses or other elements (such as computing programming errors) that may produce alterations in the computing systems or that may interfere with the access to the ZINKIA Sites.
3.12 Users´ contributions and submissions:
ZINKIA welcomes commentaries and suggestions from the Users regarding the offered products and services, as well as those related to the functioning of the ZINKIA Sites.
Some sections of the ZINKIA Sites may invite the User to participate in certain activities (for instance, chatting through instant messaging, publishing messages in forums, blogs or participating in promotions), or to send concepts, suggestions, ideas, preferences, commentaries, images or any other type of use or information (collectively the “voluntary contributions”). The provisions established in the preceding paragraph shall apply to all voluntary contributions.
When sending voluntary contributions, the User warrants and agrees that such submission is voluntary and that he/she does not expect any contribution, remuneration or action from ZINKIA. Consequently, the User agrees that such submission does not constitute the establishment with ZINKIA of a commercial, contractual or legal binding relationship over such contents. Moreover, the invitation to submit voluntary contributions will not constitute an offer, permission or license to create any type of work based on the intellectual property of ZINKIA, nor will it be interpreted as an invitation to collaborate with ZINKIA in its own creative process.
The User warrants and agrees that the content of any kind that he/she may send to ZINKIA, whether under an invitation to do so or not, will not remain under the intellectual property of the User. ZINKIA is therefore authorized by the User to use such content, if appropriate, without undertaking any obligation with such User who hereby waives all rights and actions recognized by the applicable law.
The User acknowledges and agrees that by sending any voluntary contributions, be it by invitation or not, he/she is expressly consenting the discretional use of such content by ZINKIA without consideration or further obligation of any kind.
If the User does not agree with ZINKIA ´s content submission policy, he/she must then refrain from sending any such material to ZINKIA.
In the event that any of the contents submitted by the User were protected by any intellectual and/or industrial property right, the User understands and agrees that by publishing or uploading any such contents in the ZINKIA Sites, he/ she is automatically and irrevocably:
i) assigning and conferring ZINKIA any and all rights related to the User ´s contents, throughout the world, including, without limitation, the intellectual property rights to fixate, reproduce, distribute, communicate and broadcast, make available, transform, modify, publish, develop any derivate products and proceed with any commercial exploitation by ZINKIA, or any of ZINKIA assignees, by any means and in any format, whether now known or developed in the future, in whole or in part, without any consideration to the User or to any third party, to the full extent of the term of any such rights (including any extensions or renewals) and, to the extent permitted by the law, to perpetuity;
ii) waiving any moral rights over the contents to which the User may be entitled in any part of the world and to the extent permitted by the law;
iii) conferring ZINKIA full powers to execute any document and/or to undertake any action which ZINKIA may deem appropriate to confirm such conferral of rights, assignment, license and renouncement hereby granted, in which case the User agrees to cooperate with ZINKIA to any such purpose;
v) agreeing that any of the User ´s contents shall not be subject to any obligation, nor any confidential compromise or otherwise with the own User or any third party and warranting that ZINKIA shall be free to use or distribute any such contents.
With respect to the voluntary contributions, the User expressly warrants and agrees that he/she has obtained the previous consent and authorization of any person participating in such contributions. In particular, the User warrants that he/she has previously obtained the consent of any person appearing in pictures or participating in creative contents. The User specifically acknowledges that he/she has the legal power to upload minors´ pictures. ZINKIA is especially committed with the protection of minors´ rights and of copyright. As a result, ZINKIA: i) requests parents/ legal guards consent before uploading any image or content pertaining to a minor; ii) requests the authorization from those submitting copyright protected content; iii) monitors all submitted content prior to its publication; iv) has implemented a take-down procedure in view of potential claims.
ZINKIA reserves the right to eliminate any content and, if appropriate, to deliver to the police any content, published or delivered as established herein, without infringing any norms herein contained.
ZINKIA further reserves the right to cooperate with the police and to comply with the police or any public authority order with the purpose of identifying any user who might be using the ZINKIA Sites to violate any applicable law, including any third country ´s legislation.
The contents of the ZINKIA Sites are protected under Spanish industrial and intellectual property legislation, the applicable international treaties and any other applicable norms. All the information available through the ZINKIA Sires is copyrighted by ZINKIA, its affiliate companies, partners, licensees and assignees. All logos, characters, animations, scripts, information, names and elements related to such contents are exclusively owned by ZINKIA, its partners, affiliates, assignees and licensees.p>
Any commercial or public use of any such contents and information available through the ZINKIA Sites is strictly forbidden. The following acts are also forbidden: the reproduction, communication, distribution, making available, transformation, fixation, selling, auctioning, renting, lending, give-away, commercialization, exchange or use of any text, graphic, picture, visual or audio content, photogram, or any other content from the ZINKIA Sites with any purpose, in any format, mean or technology, either now known or latter developed, including any such uses in any third party site or network, without ZINKIA ´s prior written consent. Any common operation made by the User for the normal use of the ZINKIA Sites is expressly excluded.
Any production based on the contents available through the ZINKIA Sites is also forbidden, including but not limited to: any products, services, typographies, icons, link buttons, wallpaper, themes, electronic cards and any commercial products without the prior license or authorization from ZINKIA, including its selling exchanging or give-away. When specifically provided through a particular section of the site, the User shall be allowed to download the contents in one sole computer for his/her private and domestic use, subject to the maintenance of any legal advice over the contents´ copyright and trademarks. Any modification over the contents and/or any use not specifically authorized shall be deemed as a violation of ZINKIA ´s intellectual and industrial property.
The User is forbidden to use the Sites of ZINKIA, or of any of their services, by any means which may harm, disable, overload or deteriorate any of the pages, or which may interfere in the use and enjoyment by any third person. The User shall not obtain any unauthorized access to any of the pages, accounts, computing systems or server networks by decoding or intruding actions. The User shall not obtain or try to obtain any content or information through any means which has not been specifically provided for such purpose through the ZINKIA Sites.
In the event that the User downloads, with ZINKIA ´s or any licensor ´s prior authorization, any computing application form the ZINKIA Sites, he/she shall be entitled to use such applications, whether files, images from or derived from the application, or any of the related data (collectively “the applications”) with private or domestic use solely. The User warrants and agrees that he/she shall not be entitled to any property right over any such application.
The User is not entitled to redistribute, sell, auction, decompile, reverse engineer, disarm and/or try to unveil by any means the source code from the applications.
ZINKIA has implemented a claim procedure against third parties in the event that the User reasonably understands that his/her copyright is being violated. In such event, the User must send a written notification to ZINKIA ´s corporate address which shall include, at least, the following information:
- The electronic or physical signature of the person entitled to act on behalf of the exclusive rightholder whose rights have been allegedly violated;
- The identification of the protected work;
- The identification of the material which is allegedly violating the claimed copyright and its allocation;
The claimant ´s contact information: name and surname, address, telephone, electronic address, and copy of an ID card, passport or equivalent;
- A statement on the violation being denounced, together with a declaration stating the trueness of any such affirmations.
- Any other data, information or proves which may allow ZINKIA to examine, with further knowledge, the importance of the claim.
By submitting such claim, the claimant authorizes the use of such data and information to ZINKIA ´s sole discretion. The User warrants and agrees that such claim shall not impose ZINKIA the obligation to adopt any decision related to the matter, in one way or another.
ZINKIA shall not undertake any responsibility, including without limitation, that which may derive from negligence, direct or indirect harm, unexpected events, etc. which may result from the use or from the impossibility to use any of the ZINKIA ´s Sites, contents and sections, even in the event that ZINKIA had been previously informed of the possibility of any such harms. ZINKIA shall not undertake the overall responsibility of the damages, losses and claims, either contractual or not (including negligence), to an amount exceeding 100 € or the amount paid by the User (if lesser) for any activity related to the participation and enjoyment of the ZINKIA Sites.
SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY ZINKIA SITE IS PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ZINKIA SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.
Any modification shall become binding automatically and immediately upon its publication in the ZINKIA Sites.