PLEASE CAREFULLY READ THE FOLLOWING SOFTWARE LICENSE CONTRACT (HEREINAFTER CALLED «LICENSE») BEFORE USING THE SOFTWARE OF X REALITY FACTORY S.L. (HEREINAFTER «X REALITY FACTORY»). USE OF THE SOFTWARE OF X REALITY FACTORY WILL BE UNDERSTOOD AS CLEAR EVIDENCE OF THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT ACCEPT SAID CONDITIONS, DO NOT INSTALL OR USE THIS SOFTWARE.
- The present general conditions regulate the use of the applications of X Reality Factory. The present general conditions of use are a contract between You and X Reality Factory. This contract specifies the use of the application and of all related documentation, as well as the updates and improvements that substitute or complement the application for all effects and that are not distributed with a separate license (together, the «Application»).
- The Application is exclusively directed towards users that are resident in Spain and United States. The users that reside or have an address in any other place and that decide to access and/or use this Application will do so under their own responsibility and risk, and must ensure that said access and/or use complies with the applicable local legislation.
- X Reality Factory may, at their own discretion, develop future updates of the Application. In this case, it is possible that said updates may not necessarily include all of the existing software functions, nor new functions that X Reality Factory designates to new or different devices.
2. Permited uses and restrictions of the license
- Through the present acquisition, X Reality Factory concedes (without selling) a personal, limited and non-exclusive license to install and use the Application with non-commercial objectives in a single authorized mobile device, as is stated in this contract. With this, the user acquires rights subject to compliance with the present License. Any type of commercial use is expressly prohibited. The user is expressly prohibited from carrying out any type of sub-license, rent, lease, transfer or any other type of distribution of the Application and the right to use it. The duration of the License will start on the date that the user installs, or uses in any other manner, the Application and will end when the following occurs, whichever is first: disposal of the Application or rescission by X Reality Factory of this License.
- The right to use the Application is limited to the above-granted License; it may not be copied, shown, deactivated, distributed, executed, published, modified, transferred nor may works derived from the Application be created, or use of the Application or any component of the same, except where there is express authorization from X Reality Factory. Unless permitted by X Reality Factory, it is prohibited to make a copy of the Application available on the internet that could be used by different users. It is prohibited to make the Application accessible through a network that would permit its download by different users.
- The user acquires a license for this Application, therefore their rights in relation to the same are subject to the present contract. Except in cases where there this document provides express authorization in another manner, X Reality Factory reserves all rights, titles and interests in the Application (including all characters, scripts, images, photographs, animations, videos, music and texts) and all related rights to copyright, commercial trademarks and intellectual property. This License is limited to the intellectual property rights of X Reality Factory and the Application licensees, and does not include rights to other patents or intellectual properties. In accordance with the establishments of applicable legislation, the user may not, under any circumstances, decompile, disassemble or use inverse engineering techniques on the Application or any of its components. You may not delete, alter or hide any identification of the product, the copyright or other intellectual property rights of the Application. X Reality Factory reserves all rights that are not expressly transferred in this document.
- In exchange for using the Application and as the user’s contributions through the use of the same may give rise to copyright pretensions, the user, though the present document, cedes to X Reality Factory a license and rights to use their contributions in a global environment, exclusive, perpetual, irrevocable and completely transferrable, in any manner and for any effect in relation to the Application and the goods and services related, including the right to reproduce, copy, adapt, modify, exploit, exhibit, publish, release, transmit or make them public in any manner, known or not, and to distribute them without the need to notify the user or grant any compensation during the entire duration of the rights of intellectual property derived from the applicable international agreements and laws. This transfer to X Reality Factory, and the refusal of any compensation, will outlast any rescission of the present contract.
- The User commits to make adequate and legal use of the Application in conformance with applicable legislation, the present General Conditions of Use, as well as good habits and morals that are generally accepted and public order. The User must abstain from unauthorized or fraudulent use of the Application; accessing or attempting to access restricted resources of the Application; to use the Application with purposes or objectives that are illicit, illegal or contrary to the establishments of the present General Conditions of Use, good faith and public order, or that have adverse effects on the rights and interests of third parties, or that could damage, disable or overload or impede normal use or enjoyment of the Application; cause damage to the Application or to the systems of suppliers or third parties; to introduce or spread computer viruses or any other physical or logical systems that are susceptible to provoking damages in the systems of X Reality Factory, third party suppliers and other users; to obtain or attempt to obtain content by using methods or procedures other than those that, depending on the situation, have been made available for this effect.
- The User cannot delete or alter the commercial trademarks or the logos of the Application, nor the legal notices included in the Application or in the related goods. The right to use the Application also depends on compliance with the terms of any applicable agreement that you may have established with third parties through use of the Application.
- For use and access to certain functions of the Software, X Reality Factory and certain services may require that you create a unique combination of username and password, which will receive the name of «Registration Form». The data entered by the User must be precise, current and true at all times. The User will be responsible at all times for the custody of their password, assuming therefore any damages and loss that may be derived through incorrect use, as well as transfer, revelation or loss of the same. If the User stops using their account, they can cancel it by removing their details from the website of X Reality Factory.
3. Consent for the use of data
- Data for diagnosis and use.You express your agreement for X Reality Factory to gather, maintain, process and use information for diagnosis, technical information, usage information, and other related types of information including (but not limited to) information about your device that is gathered periodically as part of the software update services, product technical support and other services provided in relation to the Application or in order to verify compliance with the terms of the present License. X Reality Factory commits to use this information solely and exclusively in order to provide products and services of X Reality Factory and to improve those existing, provided that said information does not identify you personally.
- Personal Data. You will voluntarily provide the data necessary to create a user profile and express your agreement so that X Reality Factory can gather, maintain, process and use said information, including but not limited to, a user name, a password, an e-mail address and other necessary information for using the Application and the Services. X Reality Factory may use this information for the application of the services that are subject to this contract and in order to offer special content and promotions to users in their own name or in the name of third parties. If you do not give your permission to X Reality Factory to gather, maintain, process and use this information, do not download or use the Application or the Services that are the object of this contract.
- Location Data. X Reality Factory may provide certain services through the Application based on geographical location information. In order to offer and improve said services, where available, it is possible that X Reality Factory may transmit, gather, maintain, process and use your location data, including the geographical location of the device in real time, which is installed in the Application, therefore you accept and consent to the operations of gathering, use, transmission, maintenance, processing and use of said location data by X Reality Factory in order to provide said services. Also, by using the Application, you accept and consent to the operations of collection, use, transmission, maintenance, processing and use of information related to your account and any devices registered here in order to provide said services or functions. This information may include, but not necessarily be limited to, the ID and name of the account, as well as geographical location in real time of your device at the time the registered user of the Application requests it. If you do not give your consent for the collection, maintenance, processing and use of your location data, do not download or use the Application.
- User’s rights to access, rectify and cancel in Spain.In compliance with article 5 of Organic Law 15/1999, of December 13th, of Personal Data Protection (LOPD), X REALITY FACTORY, S.L. notify you that the personal data obtained through this form will form part of an automated database owned by this entity, with the objective of processing your request, offering information about the services of X REALITY FACTORY, S.L. with respect to the content of said request or, where applicable, about the status of processing of the same, as well as any other information related to such aspects. The data is and will be treated by X REALITY FACTORY, S.L. in accordance with the valid legislation in relation to personal data protection.
You can exercise your rights to access, rectify, cancel and oppose with respect to your personal data in conformance with the dispositions of articles 23 and following of Royal Decree 1720/2007, of December 21st, of development of Organic Law 15/1999, of December 13th, of Personal Data Protection (RDLOPD) through the e-mail address email@example.com or through the contact form on this website.
- The Application permits access to the services (hereinafter called, jointly and individually, the «Services»). The use of said Services requires Internet access and (sometimes) the creation of a user account through the above-mentioned Registration Form, and, in addition, you may be required to accept a series of additional service conditions and be subject to the payment of additional fees.
- The User must pay for their own equipment, Internet connection, mobile devices and service plans in order to access the Application and use it. X Reality Factory does not guarantee that this Application can be accessed from any device or wireless service plan. Furthermore, X Reality Factory does not guarantee that the Application is available in all geographical points. The user accepts that by using the Application their wireless operator may charge them the stipulated fee for data, messaging and other wireless access. Therefore, they must consult what charges are applicable to them with their operator. YOU ARE THE ONLY PARTY RESPONSIBLE FOR THE EXPENSES THAT MAY BE DERIVED FROM ACCESS TO THE APPLICATION FROM YOUR MOBILE DEVICE.
- You recognize that, by accessing any of these Services, you may encounter content that you consider to be offensive, indecent or censorable and that may or may not be considered as language suitable for adults. Given that it is possible that X Reality Factory may not have any control over sites and information that may include information considered to be offensive, indecent or censorable, you are aware that you are using the Services at your own risk.
- You recognize that the Services may include content, information and material of a private nature that is the property of X Reality Factory, and which is protected by the applicable legislation related to intellectual property and other laws, including but not limited to laws related to copyright, and it is understood that you will not use said content, information or material of a private nature in any way, except in relation to the use of the Services in conformance with the terms of the present contract. No part of the Service can be reproduced in any form or manner.
- On the other hand, the Service that can be accessed through the Application are not available in all languages nor in all countries. X Reality Factory does not guarantee that said Services are adequate or available for their use in any particular location. At the time the user decides to access these Services, they do so of their own accord and are responsible for compliance with all applicable laws, including, among others, local applicable laws.
- X Reality Factory and its licensees reserve the right to modify, suspend, eliminate or deactivate access to any Service at any time and without prior notice. Under no circumstances will X Reality Factory be responsible for the elimination or deactivation of access to said Services. X Reality Factory may also impose limits for the use or access to certain Services, in any circumstance, without prior notice and declining all responsibility. The user recognizes and accepts that neither X Reality Factory nor its licensees have the explicit or implicit obligation to offer, or continue to offer the Services now or in the future.
5. License expiration
This License will remain in force until the validity ends. The rights granted by this License will also end or lose validity automatically without any prior notice from X Reality Factory if the user does not comply with any of the conditions of the present License. When it is no longer valid, use of the Application must cease and all copies, whether total or partial, of said software must be destroyed. Sections 2, 3, 5, 7, 8, 9 and 10 of the present License will remain valid after the License is no longer valid.
6. License cancellation
You can cancel and rescind the current contract with X Reality Factory by following the instructions published on the website. Deleting the Application from the various devices where it was installed is not sufficient to rescind the current contract. You recognize by accepting this contract you must follow the instructions published on the website in order to rescind this contract with X Reality Factory
7. Exclusion of guarantees
- X Reality Factory does not guarantee the availability and continuity of Application operation. In consequence, X Reality Factory will not be responsible under any circumstances for any damages and loss that may be derived from the lack of availability or accessibility to the Application, the interruption of operation of the Application or computer failures, telephone problems, disconnections, delays or blocks caused by deficiencies or overloads on the telephone lines, data centers, in the Internet system or other electronic systems produced during the course of operation, and any other damages that may be caused by third parties during unauthorized use beyond the control of X Reality Factory.
- X Reality Factory does not guarantee the absence of viruses or other elements in the Application introduced by third parties outside X Reality Factory that may produce alterations in the physical or logical systems of the User or in the electronic documents and files stored on your systems. In consequence, X Reality Factory will not be responsible under any circumstances for any damages and loss of any kind that may be derived from the presence of viruses or other elements that could produce alterations to the physical or logical systems, electronic documents or files of the User.
- X Reality Factory adopts various measures of protection to protect the Application and the content from third party computer attacks. However, X Reality Factory does not guarantee that unauthorized third parties do not know the conditions, characteristics and circumstances in which the User accesses the Application. In consequence, X Reality Factory will not be responsible under any circumstances for the damages and losses that may be derived from said unauthorized access.
- By signing the present General Conditions of Use, You declare that you will hold X Reality Factory harmless from any claims, as well as the parent company, directors, members, employees, lawyers and agents, derived from non-compliance by the User with any of the dispositions contained in the present General Conditions of Use or with any law or regulation applicable to the same, non-compliance or violation of the rights of third parties and non-compliance with the permitted use of the Application.
- You expressly recognize and accept that, as permitted by current law, the use of the applications and services is at your own risk, and that you assume completely the risk related to satisfactory quality, performance, accuracy and effort.
- In accordance with the limits permitted by current law, the Software and the Services are provided «as is», with all possible defects and without any type of guarantee, and X Reality Factory and its licensees exclude all guarantees and/or implicit or legal conditions, including but not limited to the guarantees and/or implicit conditions of marketability, satisfactory quality, appropriateness for a particular objective, accuracy, enjoyment and non-infraction of third party rights, all in relation to the application and the services.
- X Reality Factory does not guarantee, without prejudice to the use and enjoyment of the Application or the services of X Reality Factory, that the functions contained in the application or the services of X Reality Factory, or the services performed or provided by said software, will satisfy your needs, that the use of the application or the services will be uninterrupted or error free, that the application or the services are compatible with third party software or materials, or that the defects of the application or the services will be corrected.
- You also recognize that the application and the services are not destined to nor adequate for use in situations or environments where the faults or errors or inaccuracies of the content, data or information provided by the application or services may lead to death, personal damages, material damages, serious physical injury or significant damage to the environment, including but not limited to the activities of nuclear plants, navigation systems or aircraft communication, air traffic control, hospital facilities or weapon equipment.
- No verbal information or advice from X Reality Factory or an authorized representative of X Reality Factory will provide any guarantee. In the case that the Application or the Services are defective, you will assume the entire cost of all services, repairs and corrections necessary. Taking into consideration that the imperative standards of some countries do not permit the exclusion of implicit guarantees or limitations to the legally established consumer rights, the previous exclusion and limitations may not be applicable to you.
8. Reponsibility limit
X Reality Factory will not be responsible under any circumstances, within the applicable legal limits, for the personal damages or loss of earnings or general damages, nor for special damages, whether direct or indirect, including but not limited to physical damages, material damages, damages for loss of income or data, interruption of business activity or any other type of commercial damages or loss, resulting from or related to the use or incorrect use of the application, regardless of how it has been caused and independently of the theory of civil responsibility (non-compliance with contract, illicit act and others) and even if X Reality Factory has been informed of the possibility of these damages. Some countries do not permit the limitation of responsibility for personal damages, loss of earnings or general damages, whether direct or indirect, therefore this limitation may not be applicable to you. The total responsibility of X Reality Factory for damages and loss (other than those required by current law in cases where personal damages are related) will not exceed, in any case, the quantity of twenty United States dollars (20 USD). The above-mentioned limitations will be valid even if the mentioned repair does not comply with its essential objective.
9. Applicable law and independence of stipulations
The present General Conditions of Use, as well as the relation between X Reality Factory and the User, will be subject to and interpreted by Spanish law. The parties agree to be subject to the exclusive jurisdiction of the courts and tribunals of Madrid Capital City for the resolution of any disputes related to the present General Conditions of Use or the relationship between the same.
10. Integral contract; language
The present License constitutes the entire agreement between X Reality Factory and You with respect to the Application and the Services, and substitutes all previous or current agreements related to this object. The present License may only be modified through a written agreement signed by X Reality Factory. Translations of the present License respond to obligations imposed in each country; in the case of discrepancy between versions in Spanish and versions in other languages, the version in Spanish will have priority as long as it does not contest local legislation in its jurisdiction.
11. Recognition of third parties
Some components of the Software use or incorporate software of third parties and other materials that are subject to copyright. The credits and terms of the license, as well as other limitations of responsibility for said material, are contained in the electronic documentation of the Application, and the use of said materials is regulated by the respective terms of each license.
General Conditions of use of the website
X Reality Factory is the owner of the trademark, domain and titleholder of the website (hereinafter, «website»).
Intellectual and industrial property
- The entirety of this website (text, images, trademarks, logos, audio and video files, buttons, color combinations, as well as the structure, selection, order and presentation of the content) are protected by Spanish and International laws in relation to Intellectual and Industrial property. Furthermore, without prejudice to the above, the content of this website also has the consideration of a computer program and all Spanish and European standards in relation to this type of material are applicable to the same. Total or partial reproduction of this website is expressly prohibited without express written permission from X Reality Factory
- X Reality Factory , among other services, collects a series of links to other Internet websites. These links do not represent any type of relationship between X Reality Factory and the individuals or companies that own the mentioned websites. X Reality Factory is not responsible for the content published on the linked pages, does not necessarily share the opinions reflected in the same and respects the intellectual property rights that the authors of the same may hold.
User access to the website
The website may be freely visited by the users and by authorized persons in the private projects section.
Personal data protection policy in Spain
In the framework of compliance with legislation related to protection of personal data, stated in Organic Law 15/1999, of December 13th, the object of which is to guarantee and protect the treatment of personal data, the liberties and fundamental rights of physical persons, and particularly their personal honor and intimacy, X Reality Factory informs users that they have adopted the technical and organizational measures necessary in conformance with the dispositions of the valid standards.
Furthermore, confidentiality of the data mentioned in the user consultations is guaranteed, both by X Reality Factory and by any entities that may intervene in accordance with the purpose and objective of the same. The objective of these consultations is to facilitate fluidity and agility in the relations between X Reality Factory and the users.
At any time the user may exercise their rights recognized in the above-mentioned Law to access, rectify, cancel and oppose this information, through the pertinent notification to the following e-mail address: firstname.lastname@example.org These rights can also be exercised in the terms established by the applicable standards and by using the various methods included in the contact section of the website.
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