Terms and Conditions

Terms and conditions

1. Purpose

TINYBIRD supplies the content and services available on the Website, subject to these General Terms and Conditions and the policy on personal data collection (hereinafter, the “Data Protection Policy”). By accessing this Website and using it in any way you accept each and every one of these General Terms and Conditions. TINYBIRD reserves the right to amend them at any time. As a result, every visitor and/or User must carefully read the General Terms and Conditions in force each time they access the Website. If you disagree with any of these general terms and conditions, please do not use this Website. These terms and conditions shall be valid for an indefinite period of time. From time to time, individual terms may be established for using specific content or services on the Website. By using this specific content or services you accept the particular terms and conditions indicated therein. The terms and conditions that are in force when you use the Website or enter into a Contract (as defined later on) shall be applicable, except when we are ordered by law or a government body to retrospectively amend the policies, terms and conditions or privacy policies, in which case any changes would also affect the orders that you had made previously.

a) I have read, understood and agree to these terms.
b) I have sufficient capacity to enter into a contract.
c) I accept all the obligations contained herein.

2. Privacy and Data Collection

Please check our COOKIES DATA PROTECTION POLICY and our PRIVACY POLICY.

3. Intellectual and Industrial Property

Users acknowledge and accept that all brands, commercial names and distinctive signs and all intellectual and industrial property rights regarding the content and/or other elements uploaded on the website are exclusively owned by TINYBIRD and/or third parties who are exclusively entitled to use them in the course of business. Under no circumstances does accessing the website imply any kind of waiver, transfer, licence or assignment, in part or in full, of the aforementioned rights, except when otherwise stated. These General Terms and Conditions for the website do not grant Users any other right to use, amend, exploit, reproduce, distribute or publicly transmit the website and/or its Content other than what is expressly stated herein. Any other use or exploitation of any of the rights shall be subject to the prior and express authorisation granted specifically for this purpose by TINYBIRD or the third party that holds the rights in question. The content, text, photos, designs, logos, images, computer programmes, source codes and, generally speaking, any intellectual creation on this website and the website as a whole, as an artistic multimedia project, are protected as copyright by intellectual property legislation. TINYBIRD owns the elements comprising its website’s graphic design, the menus, browser buttons, the HTML code, the text, images, textures, graphs and any other content on its website or it holds the relevant authorisation to use such elements. The content available on this website may not be reproduced, either in part or in whole, transferred or recorded by any information recovery system, in any way or by any media, unless prior written authorisation has been given by the aforementioned Entity. Furthermore, Users may not remove, avoid or manipulate copyrighted elements, TINYBIRD or the technical protection devices or any information mechanisms that may hold the content. Users of this website agree to respect the rights set out and to avoid any action that could violate them. TINYBIRD reserves the right to take any measures or legal action available to the company to defend its legal industrial and intellectual property rights.

4. Website User Obligations and Responsibilities.

The User agrees to use the website, content and services appropriately and legally, in accordance with the legislation in force at any time, the website’s General Terms and Conditions, moral standards, generally accepted customs and public order. Users may not:

1) Use the website and/or content in an unauthorised or fraudulent way for illegal purposes that are prohibited in these General Terms and Conditions, harming the rights and interests of third parties, or in any way that could harm, disable, overload, damage or prevent the services or documents, files and any kinds of content stored on any IT equipment from being used in a normal way.
2) Access or try to access restricted resources or areas on the website if they do not meet the requirements needed to obtain such access.
3) Cause damage to the hardware or software belonging to the website, its suppliers or to third parties.
4) Upload or disseminate computer viruses or any other hardware or software on the Internet that could damage the hardware or software belonging to TINYBIRD, its suppliers or third parties.
5) Try to access, use and/or manipulate the data belonging to TINYBIRD, third party suppliers and other Users.
6) Reproduce or copy, distribute, allow the public access via any means of public communication, transform or amend the content, unless the holders of the relevant rights have given their authorisation or it is permitted by law.
7) Delete, hide or manipulate the notes about industrial or intellectual property rights and information identifying TINYBIRD’s rights or the rights of third parties included in the content, or the technical protection devices or any other information mechanisms that could be included in the content.
8) Obtain or try to obtain content using means or procedures that are different from those made available to them, where applicable, for this purpose or those that are expressly stated on the websites that contain the content or, generally speaking, those commonly used on the Internet as they do not pose a risk of damaging or disabling the website and/or the content.
9) In particular, the User agrees not to do the following, which includes but is not limited to transmitting, disseminating or making available to third parties information, data, content, messages, graphs, drawings, sound and/or image files, photos, recordings, software and, generally speaking, all kinds of material that:
a) Goes against, is contemptuous of or attacks in any way the fundamental rights and public freedoms recognised in the constitution, international treaties and in all other legislation.
b) Induces, incites or promotes any actions that are criminal, denigratory, slanderous, violent or which, generally
speaking, contradicts the law, moral standards, generally accepted good customs and public order.
c) Induces, incites or promotes actions, attitudes or thoughts that discriminate against sex, race, religion, belief, age or orientation.
d) Includes, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or which, generally speaking, contradicts the law, moral standards, generally accepted good customs and public order.
e) Induces or could induce an unacceptable state of anxiety or fright;
f) Induces or incites people to become involved in practices that are dangerous, risky or harmful to our health or mental well-being.
g) Is protected by industrial or intellectual property legislation corresponding to TINYBIRD or to third parties, unless authorisation has been given for it to be used in that way.
h) Attacks honour, personal and family privacy or the image of someone.
i) Constitutes any kind of advertising.
j) Includes any kind of virus or programme that prevents the website from operating normally.

If a password is provided to access some of the Website’s services and/or content, it must be used carefully, making sure it is kept confidential at all times. Users shall therefore be responsible for making sure that they maintain the security and confidentiality of their passwords and they agree not to pass them on to third parties, either temporarily or permanently, nor to let other people access the aforementioned services and/or content. Likewise, Users agree to notify TINYBIRD of any event that may result in their password being used unduly, such as robbery, loss or unauthorised access, so that the password can be cancelled immediately. As a result, if you do not provide the above mentioned notification, TINYBIRD is exempt from any kind of responsibility that could arise from the undue use of your password. You shall be responsible for any illegal use of the Website’s content and/or services by any illegal third party. If any of the obligations set out in these General Terms and Conditions are breached in a negligent or malicious manner, you shall be liable for all damages that TINYBIRD may incur as a result.

5. Responsibilities

TINYBIRD does not guarantee that access will be uninterrupted, or that the elements and information on the TINYBIRD website can be viewed, downloaded or used correctly, as there may be errors, defects or interruptions to the service as a result of factors or circumstances outside TINYBIRD’s control. TINYBIRD may interrupt the service or immediately terminate the relationship with the User if it detects that the User is violating any of these General Terms and Conditions when using the Website or any of the services offered on it. TINYBIRD is not liable for damages, loss, claims or expenses arising from using the website. TINYBIRD shall only be responsible for removing, as quickly as possible, content that could cause such damage, provided that the company has been notified of it. In particular, the company is not responsible for:

i) Interference, interruptions, defects, omissions, telephone faults, delays, blockages or connection failures in the online system as a result of defects, overloads and faults in the telecommunications networks and cables or for any other reason out of TINYBIRD’s control.
ii) Website faults due to force majeure, chance or for other reasons that cannot be attributed to the company.
iii) Illegal interference using harmful programmes of any kind and via any means of communication, such as computer viruses or any other.
iv) Undue or inappropriate abuse of TINYBIRD’s website.
v) Children accessing the Website content. Parents or guardians are responsible for appropriately monitoring what the children in their care are doing.
vi) Security or browsing errors caused by a poorly functioning browser or by using out of date browser versions. TINYBIRD’s administrators reserve the right to remove, in full or in part, any content or information contained on the website.

6. Hyperlinks

The user agrees not to reproduce in any way, not even using a hyperlink, the TINYBIRD Website or any of its content, unless TINYBIRD has given its express written authorisation. The TINYBIRD Website contains links to other websites managed by third parties which offer users access to information about companies who work in partnership with TINYBIRD and/or sponsors. TINYBIRD is not liable for the content of these websites nor does it guarantee or provide the services and/or information offered to third parties through third party links. Users are granted the limited, reversible and non-exclusive right to create links to the Website’s homepage, exclusively for private and non-commercial use. Websites that contain a link to our Website (i) may not assume that TINYBIRD recommends this website or their services or products; (ii) may not falsify their relationship with TINYBIRD or state that TINYBIRD has authorised the aforementioned link, or include brands, names, commercial names, logos or other distinctive signs belonging to TINYBIRD; (iii) may not include content that could be considered in bad taste, obscene, offensive, controversial, which incites violence or discriminates against sex, race or religion, endangers public order or is illegal; (iv) may not include links to any other page on the Website except the homepage; (v) must link to the Website’s own address, without allowing the website containing the link to reproduce the Website as part of their web page or within one of their frames or to create a browser about any of the Website’s pages. TINYBIRD may, at any time, request the removal of any link to its Website. Following a request, the link must be removed immediately. TINYBIRD is not able to monitor the information, content, products and services provided by other websites that contain links to the Website. As a result, TINYBIRD is not liable in any way for any issue relating to these aforementioned websites.

7. Cookies

TINYBIRD reserves the right to use cookies on its Website in order to recognise you as a frequent user and to customise your use of the website by preselecting your language and content preferences. Cookies used by the Website or a third party acting on its behalf are only linked to an anonymous user and their computer and do not in themselves provide the user’s personal data. If a user accepts the cookies, these files are sent to a browser by a web server to record a user’s browsing history on a website. Cookies can be deleted. To do this, please check your browser instructions. Cookies enable TINYBIRD to recognise a user’s computer in order to provide content and to offer browsing or advertising preferences that are specific to the demographic profile of a particular user and to measure the number of visits and traffic parameters so as to monitor progress and the number of hits.

8. Length and termination

The current website and other services shall be provided for an indefinite period of time. TINYBIRD may however terminate or cancel any of the website’s services. Whenever possible, TINYBIRD will announce the termination or cancellation of the specific service.

9. Statements and Guarantees

Generally speaking, the content and services provided on the website are purely for information purposes. As a result, when providing these services, TINYBIRD does not guarantee or make any statement regarding the content or services provided on the website, including guarantees of lawfulness, reliability, usefulness, truthfulness, accuracy or marketability, except to the extent that these statements and guarantees cannot be excluded by law.

10. Force majeure

TINYBIRD will not be fully responsible if it is impossible to provide the service as a result of prolonged interruptions in the electricity supply, phone lines, social conflicts, strikes, rebellion, explosions, floods, government acts or omissions and, generally speaking, in all cases of force majeure or unforeseeable circumstances.

11. Written communications

For contractual purposes, you consent to communicating by email and you acknowledge that all contracts, notifications, information and other communications sent to you from us by email meet legal requirements as they are in writing. This will not affect your statutory rights.

12. Transferring rights and obligations

The Contract is binding for both you and us and also for our respective successors, assignees and entitled persons. You may not transfer, assign, burden or in any way pass on a Contract or any of the rights or obligations resulting from it that correspond to you without having obtained our prior written consent. We may transfer, assign, burden or in any way pass on a Contract or any of the rights or obligations resulting from it that correspond to us at any time during the term of the Contract. To avoid all doubt, such transfers, assignments, burdens or other passing on will not affect, where applicable, your statutory rights and they will not cancel, reduce or limit in any way the guarantees, both express and tacit, that we may have given.

13. Waiver

Failure on our part to require you to strictly comply with any of the obligations taken on by you through a Contract or these terms and conditions or failure on our part to exercise the rights or actions that could correspond to us by virtue of the aforementioned Contract or Terms and Conditions shall not constitute a waiver or limitation thereof nor shall it exempt you from complying with the aforementioned obligations. No waiver on our part of any specific right or action shall constitute a waiver of other rights or actions arising from the Contract or the Terms and Conditions. No waiver on our part of any of these Terms and Conditions or the rights or actions arising from the Contract shall take effect unless the waiver is expressly stated and formalised and you are informed of it.

14. Conflict resolution. Applicable law and jurisdiction

These General Terms and Conditions and use of the website shall be governed by Spanish legislation. Any conflicts will be resolved before the courts of the Kingdom of Spain. If any of the provisions set out in these General Terms and Conditions are unenforceable or void under the applicable legislation or as a result of a legal or administrative decision, this will not mean that these General Terms and Conditions as a whole are unenforceable or void. In these circumstances, TINYBIRD will amend or replace the aforementioned provision with another that is valid and enforceable and which, to the extent possible, reflects the objective and aim of the original provision. If the user lives outside of Spain, then the supplier and user expressly agree that the Courts and Tribunals of Madrid (Spain) will have exclusive jurisdiction.