TERMS AND CONDITIONS

 

  1. Preliminary Information

These Terms and Conditions (hereinafter, the “Terms and Conditions”) regulate User access to the website www.onlive.site (hereinafter, the “Website”) owned by ONLIVE SITE S.L. (hereinafter, “ONLIVE”), assigned tax identification number B02639797, with a principal place of business of Avenida Diagonal, 383, 3º, 2ª – 08008 Barcelona, and registered with the Trade Register of Barcelona in Volume 47478, Section 26, Page B-553044. Through this Website, ONLIVE provides users with information on its services, activities, whitepapers and other related information.

For the purposes of these Terms and Conditions, Consumer/User shall mean any individual who outside their commercial or business activity, trade or profession, accesses the Website with the intention of consumption (hereinafter, the “User/s”).

For any questions, you may contact the following email address: hello@onlive.site

  1. Acceptance of these Terms and Conditions and the Services Offered 

2.1. Acceptance of the General Terms and, as applicable, the Special Terms. Access to the Service requires acceptance of these General Terms by Users meaning we ask Users to carefully read them before using the Service. If you do not agree with these General Terms, please refrain from using the Website and the content on it. 

By accepting the Terms and Conditions, the User undertakes to act at all times in compliance with the provisions set forth in the clauses of this legal text which define the rights and obligations pertaining to ONLIVE and the User under the contractual relationship deriving from the use of the services accessible via the Website.

Subscriptions to the products or any of the related services may be subject to special terms (hereinafter, “Special Terms”) which ONLIVE may establish at any time and which may complete, modify or replace the General Terms, as applicable. 

2.2. User Registration and Identification with ONLIVE (Electronic Signature). ONLIVE does not require prior subscription or registration to simply browse or access some services offered at the Website. Nonetheless, in order to actively use the ONLIVE Service, prior registration is required as well as the creation of a profile by Users. During the registration process, the User will be asked to accept the Privacy Policy, these General Terms and, as applicable, any Special Terms that may apply. In particular, the User must provide an email address and a personal password to be able to fully use ONLIVE. These mechanisms of identification and their use via the ONLIVE platform which the User must download shall be considered the User’s electronic signature in all interactions with ONLIVE (hereinafter, “Electronic Signature”). Each User’s Electronic Signature is personal and non-transferrable. The User is required to communicate any change in their personal data to ONLIVE. The User is responsible for proper due diligence in preventing unauthorized access and/or use by third parties that may access or use the Electronic Signature in their name. 

Moreover, the User is the sole party responsible for the choice of, loss, theft or unauthorized use of any password or identification code and the consequences deriving from such situation. In any case, the User shall be fully liable for proper use of their Electronic Signature. The User shall refrain from using it for purposes that are unlawful or violate the provisions of these General Terms or any of the Special Terms.

  1. Liability

3.1. Website Functioning. ONLIVE makes its best efforts to maintain the Website in good operating conditions, avoiding errors and repairing them when necessary as well as keeping the Website content updated. Nonetheless, ONLIVE does not guarantee the availability and continuity of Website access nor the absence of errors in the content; nor does it guarantee it will always be properly updated. 

3.2. Use of the Website Information. Users undertake not to use the information available on the Website in any way that may be considered a violation of the rules or contrary to good customs or the image and professional reputation of ONLIVE and its partners. ONLIVE is not liable for any consequences that may derive from any inappropriate or negligent use by Users of said content.

The User is exclusively liable for both access to the Website as well as any use of the information contained on it. As a result, ONLIVE will not be held liable for any direct or indirect damages that may derive from access or use of the information contained on the Website. Likewise, ONLIVE shall not be liable for any damages to the Company’s software or hardware deriving from the use of the website.

3.3. Exclusion of ONLIVE Liability for Damages. In addition to the foregoing and to the extent allowed by law and excluding the provisions of any of the other clauses in the General Terms or Special Terms, under no circumstance shall ONLIVE be held liable for any personal damages, whether accidental, special, direct or indirect including but not limited to damages for loss of earnings, loss of data, business interruption or any other commercial damages or losses related to the use or lack of availability of the application, irrespective of the cause and irrespective of the theory of liability (contractual, extracontractual or any other type) even when the User or Reviewer has been warned of the risk of such damages. Under no circumstance may any liability for damages (except when set forth otherwise by the law) exceed five thousand euros (€5,000).

3.4. User Liability. The User is aware and voluntarily agrees that they are the sole party liable for their use of the Service. As a result, they will be liable for any damages of any kind that ONLIVE may incur as a result of a breach of any of the obligations undertaken by the User as a result of these General Terms, Special Terms, Privacy Policy or any law applicable to the use of this Service.

  1. Hyperlinks

ONLIVE shall not be liable in any way for the use or content of hypertext links to third-party websites nor does their existence imply that ONLIVE approves, agrees with, guarantees or recommends the linked websites.

Moreover, third parties that intend to use a hypertext link directed towards the ONLIVE website must obtain prior written and express consent from ONLIVE. In any case, ONLIVE will not be held liable in any way for the use or content of third-party hypertext links.

  1. Industrial and Intellectual Property

All the website content (including but not limited to databases, images, photographs, patents, utility and industrial models, drawings, infographics, software, audio, video and text files) is the property of ONLIVE or its content suppliers. In this latter case, they have been licensed or assigned by such suppliers and are protected by Spanish and international industrial and intellectual property laws. The compilation (understood as the setup, design, organization and creation) of all the Website content is the exclusive property of ONLIVE and protected by applicable intellectual and industrial property regulations.

All the software involved with the use and development of the Website is the property of ONLIVE or its software suppliers and is protected by industrial and intellectual property laws.

The brands, signs, identification symbols and logos that appear on the Website are the property of ONLIVE or its content suppliers and have been duly registered or are in the process of registration. The names of other products, services and companies that appear in this document or on the Website may be brands or other identification signs that are registered to their respective and legitimate owners.

All texts, images, videos or audio files are the property of ONLIVE or its content suppliers and may not be subject of any subsequent modification, copying, alteration, reproduction, adaptation or translation by the User or third parties without express authorization from the owners of the content in question.

Under no circumstance shall User access to databases, images, photographs, patents, utility and industrial models, drawings, infographics, software, audio, video and text files owned by ONLIVE or its content suppliers included on the Website constitute an assignment of any property rights or the concession to the User of any right to use them except as strictly necessary for the intended use as part of the Service.

Any use of the Website content without authorization from ONLIVE, including the exploitation, copying, publication, transformation, distribution, transfer by any means, subsequent publication, exhibition, public disclosure or full or partial reproduction, is expressly prohibited. Any of the foregoing may be a breach of ONLIVE’s intellectual property rights and will be punishable in accordance with applicable laws.

  1. License to Use the Website

ONLIVE hereby grants the User a right or license to use, not sell, the Service through the Website, subject to the terms included herein (hereinafter, the “License”). ONLIVE reserves all rights not expressly granted.

The License to use the Service through the Website is a non-transferrable license to use this Website on any compatible device the Company owns or controls, pursuant to the provisions of these General Terms.

The User may not rent, lease, borrow, sell, redistribute or sublicense the Website. The User may not copy, dismantle, engage in reverse engineering, decompile, try to identify the source code, modify or create any use deriving from the website, any of its updates or any part thereof (except when this restriction is limited by applicable laws or any of the terms of the license for use or any of the open-source components included in the License). Any attempt to do so shall be considered a breach of ONLIVE rights. If the User does not comply with these restrictions, legal action may be taken against them with the obligation to pay for damages. The terms of the License also cover any update by ONLIVE which replaces and/or complements the Service unless the update includes an individual license in which case the terms of said license shall apply.

The License shall remain in effect until terminated by the User or by ONLIVE. The rights granted under this License shall be cancelled without prior notice if the User breaches any of the terms of the General Terms, Special Terms or the Privacy Policy. Upon termination of the License, the Company shall be required to cease the use of the Website and uninstall or destroy any full or partial copy thereof.

  1. Access to the Website from Mobile Devices

All of the provisions of these Terms and Conditions of Access and Use shall apply to any use of the Services by the User through a cell phone, other mobile device or computing devices enabling access to the Website.

For these purposes, the User is hereby informed that ONLIVE does not charge for mobile access to the content or services on the Website, but the User’s telephone service provider will apply the fee agreed for receiving and sending data.

ONLIVE is not liable for any of the restrictions the telephone service provider may apply which may result in the content or services offered at the Website not being easily accessible.

  1. Modifications

The information that appears on this Website is valid as of the date of the last update. ONLIVE reserves the right to update, modify or delete the information on this Website, as well as these Terms and Conditions, the Privacy Policy or any other information.

 

Any modifications to the Terms and Conditions shall enter into force as soon as published on this Website.

 

  1. Severability

All clauses and circumstances in these Terms and Conditions must be interpreted independently and autonomously without any of them being affected by any stipulation that may be declared null and void by a final court ruling or arbitration decision. The clause or clauses affected shall be replaced with another one or other ones preserving the effects pursued by the Terms and Conditions.

  1. Data Protection

The User undertakes to accept the Privacy Policy, which is hosted on the Website, prior to registering.

As a result, the User is hereby informed that their personal data are saved in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, “GDPR”) and the provisions of Spanish Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of Digital Rights (hereinafter, “LOPDGDD”).

Pursuant to the provisions of GDPR, the User’s personal data will be included in the ONLIVE personal data processing system for the purpose of managing this contractual relationship and will be saved throughout said relationship, as well as the time necessary to comply with ONLIVE liabilities.

ONLIVE hereby informs of the possibility for the User to exercise the following rights with regard to their personal data: the right of access, rectification, erasure or to be forgotten, restriction of processing, objection, portability and to withdraw consent granted (without prejudice to the legitimacy of the processing done while said consent was granted), which is also defined and explained in more detail in the ONLIVE Privacy Policy.

To do so, they may send an email to [protecciondedatos@onlive.site], or send a letter exercising their rights to the following mailing address: Avenida Diagonal, 383, 3º, 2ª – 08008 Barcelona or by email (hello@onlive.site). Likewise, the User may file a complaint with the Spanish Data Protection Agency (https://www.aepd.es/es) if they believe their rights were not properly observed.

  1. Applicable Legislation and Jurisdiction

Access and use of the Service shall be governed by and interpreted in accordance with the laws of Spain.

Any dispute that may arise between ONLIVE and the Users shall be resolved by the Courts and Tribunals of the city of Barcelona (Spain), with both parties expressly waiving any other forum that would otherwise correspond.

  1. Out-of-Court Settlement of Disputes

In virtue of the provisions of Regulation (EU) no. 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes, the Platform hereby informs that, in the event of a dispute, any European Union resident User may use the “Online Dispute Resolution Platform” developed by the European Commission in order to attempt to resolve any dispute deriving from the contractual relationship between the parties out of court. 

If you wish to access the “Online Dispute Resolution Platform”, you may do so via the following link: http://ec.europa.eu/consumers/odr/.