GENERAL CONDITIONS OF USEWEBSITE WWW.ONLIVE.SITE

IDENTIFYING DATA OF THE OPERATOR OF THE SERVICES

ONLIVE SITE SL („ONLIVE“)
Tax Identification Number: B02639797,
Address: c/ Avenida Diagonal, 383, 3º, 2ª – 08008 Barcelona
Registered with the Mercantile Registry of Barcelona, in Volume 47478, Section 26, Sheet B-553044
Mail: [email protected]

1. ACCESS TO AND USE OF SERVICES OFFERED BY ONLIVE
   1. Accessing the WebsiteThese general conditions (hereinafter, the „General Conditions“) regulate the access and use of the website offered by ONLIVE through www.onlive.site (hereinafter, the „Website“). Trough this Website, ONLIVE, provides the users with information of its services, activities, whitepapers and other related information.
   2. Acceptance of General Conditions and of Specific Conditions where ApplicableAccess to the Service requires acceptance of these General Conditions by Users, and as a result we ask that Users read them carefully before using the Service. If you do not accept these General Conditions, we ask that you abstain from using the Website and its content.The subscription of the products or some of the related services may be subject to specific conditions which ONLIVE may establish at any given moment. These conditions may complete, amend or substitute the General Conditions, as the case may be. Hereinafter, any such conditions, or any other specific conditions from other services offered by ONLIVE at any given moment, will be referred to as „Specific Conditions“.In addition, ONLIVE hereby informs Users that these General Conditions and any Specific Conditions, where applicable, may be adapted or modified at any time without prior notification. As a result, the User will have to read and accept any new versions of the General Conditions and, where applicable, the Specific Conditions.
   3. Registration and Identification of the User in ONLIVE (Electronic Signature)ONLIVE does not require prior subscription or registration to simply browse or access some of the services offered on the Website. Nevertheless, to actively use the ONLIVE Service requires prior registration and creation of a profile by the Users.During the registration process, the User will be required to accept the Privacy Policy, the current General Conditions and, where necessary, any applicable Specific Conditions.In particular, the User shall provide an email address and a personal password in order to make full use of ONLIVE. These identifying mechanisms and their use via the platform of ONLIVE which the User will have to download will serve as an electronic signature for the User in all its interactions with ONLIVE (hereinafter, „Electronic Signature“).Every User’s Electronic Signature will be personal and non-transferable. It will be the obligation of the User to communicate any changes to their personal information to ONLIVE. It is the responsibility of the User to take due care to prevent access and/or unauthorized use by third parties that may access or use the Electronic Signature in its name. In addition, the User will have sole responsibility for the selection, loss, theft or unauthorized use of any identifying password or code and for any consequences thereof.In any case, the User shall be fully responsible for the proper use of the Electronic Signature. The User must refrain from using these for purposes that are illegal or contrary to the provisions of these General Conditions or any Specific Conditions.
2. ONLIVE’S RESPONSIBILITY REGARDING INFORMATION CONTAINED ON THE WEBSITE
   1. Operation of the WebsiteONLIVE does its best to keep the Website in good working order, avoiding errors or repairing them when necessary, and keeping Website content up to date. Nevertheless, ONLIVE does not guarantee the availability and continuity of access to the Website, or the absence of errors in its content; neither does it guarantee that these will always be updated in a timely fashion. The User accepts this and shall undertake to exercise maximum diligence and prudence when accessing and browsing on the Website, or when using the content, information and services available therein.
   2. Amendments to the information on the WebsiteONLIVE reserves the right to amend, delete or update the information contained on the Website, its configuration or presentation at any time and without need for prior warning.
   3. Website ContentUsers are committed and undertake not to use the information available on the Website in any way that may constitute a violation of regulations or that may be contrary to common decency or morality or to the image and good professional name of ONLIVE and its collaborators.ONLIVE shall not be held responsible for the possible consequences that may result from any inappropriate use or negligence on the part of Users regarding such content.
   4. Use of information of the WebsiteBoth access to the Website and the use of any information contained therein are the sole responsibility of the User. As a result, ONLIVE is not responsible for any damages, whether direct or indirect, which may arise from access to or use of the information contained on the Website.Furthermore, ONLIVE is not responsible for any damage to Company software or hardware that may result from their use of the Website.
   5. No liability for DamagesIn addition to what has already been stated, and to the extent permitted by Law and excluding what may be stated elsewhere in the remaining General Conditions or Specific Conditions, under no circumstances will ONLIVE be responsible for personal damages, whether accidental, special, direct or indirect, including but not limited to damages for loss of profits, loss of data, interruption to business or any other commercial damages or losses related to the use or unavailability of the application, whatever the cause may be, and regardless of the theory of responsibility (contractual, extra-contractual or of any other type), and even if the User or Reviewer has been warned of the risk of such damages. Under no circumstances will responsibility for any damages (unless stated otherwise in applicable legislation) exceed five thousand euros (€5,000).
3. USER RESPONSIBILITY
   1. The User is aware of and willingly accepts that it is exclusively responsible for the use it makes of the Service. As a result, it will be responsible for any damages of any nature that ONLIVE may suffer as a result of a failure to comply with any of the obligations which the User accepts as a result of these General Conditions, Specific Conditions, the Privacy Policy or any legislation applicable to the use of this Service.
4. POLICY REGARDING HYPERTEXT LINKS
   1. ONLIVE is not responsible in any way for the use or content of hypertext links to third-party websites, nor does their existence imply that ONLIVE endorses, agrees with, guarantees or recommends the linked websites.
   2. In addition, third parties who intend to use a hypertext link leading to ONLIVE’s website must first obtain prior, express, written consent from ONLIVE. Either way, ONLIVE does not accept any manner of responsibility arising from the use or content of third-party hypertext links.
5. PRIVACY AND COMMERCIAL CORRESPONDENCE POLICY
   1. Both in the event that you provide us with your email address so that we keep you informed of ONLIVE products and services, as in the event that, while browsing, asking questions, making requests or conducting simulations through the Website or by purchasing ONLIVE products and services, the User provides us with information of a personal nature, the provisions of ONLIVE’s Privacy and Commercial Communications Policy, which will have to have accepted beforehand.
6. INDUSTRIAL AND INTELLECTUAL PROPERTY
   1. All Website content (including, but not limited to, databases, images, photographs, patents, utility and industrial models, drawings, computer graphics, software, audio, video and text files) is the property of ONLIVE or of its content providers, and in the latter case, they have been licensed or transferred by said providers, and are protected by Spanish and international law regarding industrial and intellectual property. The compilation (meaning collection, design, organization and preparation) of all the Website content is the exclusive property of ONLIVE and is protected by applicable regulations regarding intellectual and industrial property.
   2. All software involved in the use and development of the Website is the property of ONLIVE or of its software providers and is protected by industrial and intellectual property laws.
   3. The brands, signs, identifying symbols or logos that appear on the Website are the property of ONLIVE or of its content providers, and have been duly registered or are in the process of being registered. The names of other products, services and companies that appear in this document or on the Website may be brands or other registered identifying symbols of their respective and legitimate owners.
   4. All texts, images, videos or audio media are the property of ONLIVE or of its content providers, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the User or by third parties without the express authorization of the owners of the content in question.
   5. Under no circumstances does the provision to Users of access to databases, images, photographs, patents, utility and industrial models, drawings, computer graphics, software, audio, video and text files that are the property of ONLIVE or its content providers included on the Website, constitute the transfer of their property rights or the granting of the right to use them to the User, apart from what is strictly necessary for their use as intended as part of the Service.
   6. Any use of Website content without the authorization of ONLIVE is expressly forbidden, including its exploitation, copying, publication, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication or total or partial reproduction. Any of these will constitute violations of ONLIVE’s intellectual property rights, and will be punishable under applicable legislation.
7. LICENCE OF USE OF THE WEBSITE
   1. ONLIVE grants the User a right or license for use, not to sell, for the use of the Service through the Website, to which the terms included herein shall apply (hereinafter, the „Licence“). ONLIVE reserves any rights not expressly granted.
   2. The Licence for the use of the Service through the Website is a non-transferable licence for the use of this Website on any compatible device the Company possesses or controls, in accordance with what is permitted in the regulations established in these General Conditions.
   3. The User may not rent, lease, borrow, sell, redistribute or sub-license the Website. The User may not copy, disassemble, reverse engineer, decompile, attempt to identify the source code thereof, modify or create employment derived from the Website, any of its upgrades, or any part of it (except where this restriction is limited by applicable laws or by any of the terms of the license of use or of any of the open source components included in the License). Any attempt to do so will constitute a violation of the rights of ONLIVE. Should the User fail to comply with these restrictions, it may result in legal action being taken against them, and the obligation to pay for damages. The terms of the License also cover any updates carried out by ONLIVE that substitute and/or complement the Service, unless that update includes an individual license, in which case the terms of that license will apply.
   4. The License shall remain in force until it is terminated by the User or by ONLIVE. The rights granted under this License will be cancelled without prior warning should the User fail to comply with any of the terms of the General Conditions, Specific Conditions or the Privacy Policy. Upon termination of the license, the Company shall be compelled to cease the use of the Website and to uninstall or destroy any total or partial copies thereof.
8. ACCESSING THE WEBSITE FROM MOBILE DEVICES
   1. All terms put forth in these Conditions for Access and Use will be applicable to any use of the Services by the User using a mobile telephone, other mobile devices or computer devices that enable access to the Website.
   2. To this end, the User is hereby informed that ONLIVE does not charge for mobile access to the content or services of the Website, but that User’s telephone service provider will apply whatever charge was agreed upon for receiving and sending data.
   3. ONLIVE is not responsible for any of the restrictions that the telephone service provider may apply and that may result in the content or services offered on the Website not being easily accessible.
9. APPLICABLE LEGISLATION AND JURISDICTION
   1. Access to and use of the Service will be governed by and interpreted in accordance with Spanish legislation.
   2. Any dispute that may arise between ONLIVE and Users will be settled by the Courts of Law of the City of Barcelona (Spain), and both parties expressly waive any right to any other jurisdiction they may be subject to.
10. DATA PROTECTION
    1. According to our Privacy Policy, and in accordance with the provisions set out in Regulation (EU) 2016/679 of April 27, 2016 (GDPR), Organic Law 3/2018 of Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) and related personal data protection regulations, we inform you that the personal data you submit to us will be treated under the responsibility of ONLIVE SITE SL, for the purposes of sending communications about our services or those arising from our relationship and will be kept as long as there is legitimate interest for it. We inform you that you can exercise your rights of access, rectification, restriction of processing, erasure, portability, object to automated decision and withdraw consent of your data by contacting us in c/ Avenida Diagonal, 383, 3º, 2ª – 08008 Barcelona or via email ([email protected]).

I HAVE READ AND AGREE TO THE AFOREMENTIONED GENERALCONDITIONS OF THE WWW.ONLIVE.SITE WEBSITE and I AGREE