These General Conditions regulate the use of the website http://www.xrealitustudios.com (hereinafter, the Portal), which the owner of the Portal (1) places at the disposal of Internet users (hereinafter, the User/s). Browsing and/or use of the Portal and its services implies acceptance by the User, without reservation, of the General Conditions set out herein, which the User must read each time he/she intends to use the Portal, as well as any other Specific Conditions that may be established, in order to regulate the services provided by XREALITY and to inform Users of the same, as well as to allow the provision of its services through the Portal.
GENERAL TERMS AND CONDITIONS
1.- Ownership of the Portal
In compliance with the duty to provide the information set out in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details are provided: The company that owns this Portal is XREALITY STUDIOS, S.L. (XREALITY) with registered office in Granada, Gran Via de Colón, nº 12 3ª Planta B, C.I.F. nº B-04927158, registered in the Mercantile Register of Granada in Volume 1757, Folio 45, Page GR-56145, 1st Inscription.
2.- Industrial and Intellectual Property.
2.1 Intellectual and Industrial Property
All images, elements and contents included in the Portal, in particular brands, commercial names, designs or industrial models, drawings, texts, photographs, graphics, logos, icons, software or any other signs or products susceptible of industrial and commercial use are the property of XREALITY or their respective owners, who have authorised their inclusion in the Portal, and are protected by current legislation. Access and browsing by the User on the Portal does not imply authorisation or waiver, transmission and/or transfer, in whole or in part, of any rights of XREALITY or third parties, nor the granting of any right or expectation over them, specifically reproduction, distribution, public communication or transformation or exploitation of the Portal or its images, elements and content, unless expressly authorised in writing by XREALITY. It is therefore forbidden to use, utilise and/or reproduce them without the express consent of XREALITY.
2.2 Liability for infringement
XREALITY shall not be liable for infringements of the intellectual, industrial or image property rights of third parties that may arise from the inclusion on the Portal by Users of trademarks, trade names, industrial designs or models, drawings, texts, photographs, graphics, logos, icons, software or any other signs or products susceptible of industrial and commercial use belonging to third parties who have declared themselves to be the owners of the same by including them on the Portal.
3. XREALITY’s liability
XREALITY makes its best efforts to ensure that the content and services included on its Portal are reliable and appropriate, and declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the correct functioning of the Portal and to avoid the existence and transmission of viruses and other components that may harm the User. The User acknowledges and accepts that access to and/or use of the Portal and its services is carried out under his/her sole responsibility, and therefore any unauthorised access or use of the Portal and/or the Portal content is the sole responsibility of the user, and XREALITY shall not be liable for any consequence, damage or harm of any kind that the User may suffer as a result of using the Portal, such as errors and omissions in the content, completeness, accuracy, timeliness, lack of availability of the portal or the transmission of viruses, despite having adopted all possible technological measures to avoid this.
4. Modifications to the Portal
XREALITY reserves the right to make modifications to the Portal or to any of the conditions of browsing and/or use of the Portal at any time and without prior notice or authorisation from the User by publishing these modifications on the Portal with access to Users, and may change, delete or add both the content and/or services provided through the same and the way in which these are presented or located on the Portal.
5. Links and hyperlinks policy
5.1 Links and/or hyperlinks on the Portal
In the event that the Portal contains links and/or hyperlinks to other Internet sites, XREALITY shall not exercise any type of control over these sites and content. Under no circumstances will XREALITY assume any responsibility for the content of any link belonging to a third-party portal, nor for any infringements of third-party rights committed on these portals, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.
5.2. Links and/or hyperlinks to the Portal
Any authorised link from third parties to the Portal must be made to its main page, and “deep links”, “framing” and any other use of the contents of the website in favour of unauthorised third parties is expressly prohibited. The page that introduces the link may not make any false, inaccurate or incorrect statements about XREALITY, its partners, employees, clients or the quality of the services it provides. Under no circumstances shall it be stated on the page where the link is located that XREALITY has given its consent for the link to be inserted or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender. The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own content or that of third parties that is illegal, harmful or contrary to morals and good customs or that is inappropriate and in conflict with XREALITY’s activity.
6. Acceptance of the General Terms and Conditions
6.1 General acceptance
The User accepts the General Conditions established and undertakes to use the content of the Portal in a diligent, correct and lawful manner and will refrain from:
– Reproduce, distribute, communicate publicly, or transform or modify the contents, unless authorised by the owner.
– Use any content of the Portal to send advertising, communications for commercial purposes of any kind, unsolicited communications addressed to a number of people, or market or disclose such information in any way.
– To use the contents in a way contrary to the law, public order, morality and good customs.
The User will be liable to XREALITY or third parties for any damages that may be caused as a result of non-compliance with these obligations.
6.2 Rules of conduct XREALITY Chats, Blogs and Forums.
The User undertakes to use the Chat, blog and forum services of the Portal in accordance with the law, these General Conditions of Use of the Portal, as well as with the law, generally accepted morals and good customs and public order. XREALITY informs you that the usernames (“Nicknames”) are freely selected by each User and, consequently, does not guarantee that the Nicknames correspond to the true identity of the people who use them. XREALITY is not responsible for the opinions, information or content transmitted by users via the Services. XREALITY does not control the use made by users of the Services, and therefore the messages or content published are the sole responsibility of the User, who will be liable for damages of any kind that XREALITY may suffer as a result of non-compliance with these General Conditions or the law. XREALITY reserves the right to remove at any time, at its own discretion, messages that are contrary to the General Conditions of use of the Portal or current legislation.
7.- Applicable legislation and jurisdiction
The applicable legislation governing relations between the User and the owner of the Portal shall be Spanish Law. For the resolution of any dispute that may arise, XREALITY and the User voluntarily submit to the Courts and Tribunals of Madrid, expressly renouncing any other jurisdiction that may correspond to them.