Conditions of Use

Welcome to Digital Sun

General issues

Wildframe Media, S.L. (hereinafter, Digital Sun), through this website, provides its users with different information about its organisation, activities, projects, products and services.

The information contained on the website concerning Digital Sun is intended to be current at the time of publication, trying to ensure that it is accurate and precise at all times, proceeding to update it as quickly as possible, trying to avoid errors and correcting them as soon as they are detected. In any case, Digital Sun cannot guarantee the non-existence of errors in the same and its contents, nor that the content of the information is permanently updated.

Digital Sun may, at any time and without prior notice, make modifications, deletions or updates to the platform, contents and conditions.

The contents, tools and utilities of the website are made available to its users free of charge, so that they can freely and voluntarily access and use them.

 

Conditions of use

These general conditions regulate the access and use of the website made available to its users by Digital Sun. These general conditions shall apply to all of them, without prejudice to the specific conditions associated with any service that may be requested from Digital Sun.

By accessing, browsing or using the website, the user acquires this status for the present purposes.

Access to and/or use of the website and any of its tools and utilities implies full and unreserved acceptance by the user of each and every one of the general and, where appropriate, specific conditions of access and use in force at any given time. Consequently, if the user does not agree with any of the general or specific conditions, he/she must refrain from accessing and using this website, its utilities, contents and tools.

Digital Sun reserves the right to modify these general conditions of use at any time, as well as any other general or specific conditions, regulations of use, instructions or notices that may be applicable depending on the information, products and services requested by the user.

Digital Sun reserves the right to modify at any time the presentation, configuration and location of the website, as well as the contents and the conditions required for its use. Digital Sun also reserves the right to suspend, interrupt or cease to operate the website at any time.

The conditions of access and use of the website are governed by the principles of legality and good faith, and the user undertakes to use them in accordance with the Law, morality, good customs and public order.

 

1. Subject matter

1.1. Through the website, Digital Sun provides its users with information about its corporate identity, activities, projects, products and services, as well as access to various contents, data and information of its own, of third parties, general or particular (hereinafter «the contents») made available to users by Digital Sun or, where appropriate, by third parties.

 

2. Conditions of access and use 

2.1. User requirements. Access to and use of this website is aimed at natural persons of legal age or legal entities wishing to obtain information about the organisation, its projects and services, and Digital Sun is therefore exempt from liability in the event that when filling in any contact form false or erroneous data has been inserted regarding the user, and in any case the user or their legal representatives shall be liable for the same. Digital Sun reminds users of legal age who are in charge of minors that it will be their sole responsibility to determine which services and/or contents are or are not appropriate for the age of the latter, and there are computer programmes that allow filtering and blocking access to certain contents and services.

2.2. Access and use of the website. The user accepts that access to and use of the website and/or the contents included therein takes place freely and consciously, under his/her sole responsibility. Access to the website and/or the contents included therein does not imply any kind of guarantee regarding the suitability of the website and/or the contents included therein for particular or specific user profiles or purposes. Digital Sun may establish additional specific limitations and/or conditions for the use and/or access to the website and/or the contents, which must be observed by the users in any case, especially with regard to the management platform, where the user will be informed of its particular terms and conditions of use.

2.3. Authorised use of the website and its contents. The user undertakes to make appropriate and lawful use of the website and its contents, in accordance with applicable legislation, these general conditions of use of the website, generally accepted morals and good customs and public order. The user must abstain from: a) Making unauthorised or fraudulent use of the website and/or the contents; b) Accessing or attempting to access resources or restricted areas of the website, without complying with the conditions required for such access; c) Use the website and/or the contents for illicit or illegal purposes or effects, contrary to the provisions of these general conditions, good faith and public order, harmful to the rights and interests of third parties, or which in any way may damage, disable or overload the website, the image or business of Digital Sun, or prevent the normal use or enjoyment of the website; d) Cause damage to the physical or logical systems of Digital Sun, its suppliers or third parties; e) Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of Digital Sun, its suppliers or third parties; f) Attempt to access, use and/or manipulate the data of Digital Sun, third party suppliers and other users; g) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorised by the owner of the corresponding rights or it is legally permitted; h) Delete, hide or manipulate the legends and information on intellectual or industrial property rights and other data identifying the rights of Digital Sun or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents; i) Obtain and attempt to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web page where the contents are found or, in general, those that are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.

2.4. Introduction of Links. Users who wish to establish a hyperlink, link or link between their website and the website (hereinafter referred to as the «link«) must comply with the following obligations: a) The link will only allow access to the website, but may not reproduce it in any way; b) Deep links are prohibited; c) Practices such as «framing«, «border environment» and any other use of the contents of the website or the corporate image of the company in favour of unauthorised users or third parties are expressly prohibited; d) No false, inaccurate or incorrect statements or indications shall be made about the website; e) It may not be stated or induced to understand that Digital Sun has supervised or assumed in any way the contents or services offered or advertised on the website in which the link is established or that there is a non-existent commercial, professional or corporate relationship or link; f) The website on which the link is established shall not contain any trademark, trade name, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to Digital Sun or to third parties, without its authorisation; g) The website on which the link is established shall not contain information or contents that are illicit, contrary to generally accepted morals and good customs and public order, or contrary to any third party rights; h) The practice does not affect or could negatively affect the image of Digital Sun and its products and services. The establishment of the link does not imply in any case the existence of any relationship between Digital Sun and the owner and/or operator of the website in which it is established, nor the knowledge, acceptance and/or approval by Digital Sun of its contents and/or services. Digital Sun will in no case be responsible for the consequences that may arise from the introduction of links by third parties, nor for the contents, information and/or services offered on the websites to which the link has been established. The website includes links to third party websites that are considered to be of interest to users. Digital Sun assumes no responsibility for the connections or the contents of these links.

2.5. The user undertakes not to carry out advertising, promotional or commercial exploitation activities through or using the website and its contents, as well as not to use its contents or utilities and especially the information obtained from it to send advertising, send messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties.

2.6. The user undertakes to comply with these conditions of access and use with any modifications that may be made in the future and which will be published immediately on the website and inserted in this section, as well as any special conditions that may be applicable. Likewise, the user is obliged to comply with the special warnings or instructions for use contained in the same or on the website, and to act always in good faith and in accordance with the Law, morality and good customs, using the diligence appropriate to the nature of the service he/she enjoys, refraining from using the website, utilities or contents in a way that may prevent, hinder, damage or deteriorate the normal operation of the same, the image, assets or rights of Digital Sun, customers, suppliers or third parties.

2.7. For the present purposes and for any communication that may be necessary between Digital Sun and the user, requests, questions, suggestions or complaints, the user may send an e-mail to the following address privacy@digitalsungames.com. The user expressly accepts e-mail as a valid means and channel of notification for the practice of any communication related to the website, its use, utilities, contents and/or the acquisition of goods or services.

 

3. Industrial and intellectual property rights

3.1. The web application, design, developments, computer programmes, technical documentation, user manuals, texts, images, brands and other distinctive signs, graphics, logos, buttons, colour combinations, graphic representation, structure, selection, order and presentation of its contents, audio, files, databases and its own contents are protected by Spanish and European intellectual and industrial property laws and international treaties, and their reproduction, distribution, public communication and transformation are prohibited. All intellectual property rights over the application and associated tools, as well as its contents, are reserved for its owner.

3.2. The user acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other elements included on the website (including, without limitation, trademarks, logos, commercial names, other distinctive signs, texts, images, graphics, textures, icons, photographs, designs, sounds, databases, menus, software, flow charts, presentation, programming elements, web design, audio and video), belong to Digital Sun, its suppliers, brands and/or third party owners of the same. Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial transfer of said rights or expectation of rights, unless expressly stated otherwise. These general conditions of use of the website do not grant users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its contents other than those expressly provided for herein. Any other use or exploitation of any other rights shall be subject to the prior and express authorisation specifically granted for this purpose by Digital Sun or the third party holder of the rights affected.

3.3. Digital Sun authorises users to use, view, print, download and store the website and its contents in a lawful and legitimate manner in the context of browsing, and provided that it is compatible with the purposes of the same, that it is done with the sole purpose of obtaining the information contained therein for the exclusive, personal and private use of the user – it is expressly prohibited, among other things, its use for commercial purposes, especially its distribution, public communication, transformation or decompilation, as well as for the carrying out of any practice or act of imitation or unfair competition-, that its integrity is maintained and that it is not modified or transformed – it is expressly forbidden, among other things, for the graphics, distinctive signs, icons or images available on the website to be used, copied or distributed separately from the text or other images that accompany it-, and, in any case, provided that the origin and/or author of the same is indicated and that, where applicable, the copyright symbol and/or industrial property notes of their owners appear. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration or decompilation is strictly prohibited. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question.

3.4. The unauthorised use of the information contained in the website and/or its contents, its resale, as well as the infringement of the intellectual or industrial property rights of Digital Sun or its image in the market will lead to the demand for the appropriate legal responsibilities before the competent national or international bodies and courts.

 

4. Use of cookies

4.1. Digital Sun uses its own and third party service providers’ cookies. Access and use of our website and its utilities confirms your acceptance of these cookies. The user can configure their browser to notify and reject the installation of cookies. More information on this is available in the information window when accessing our website, as well as in our Cookies Policy.

 

5. Security

5.1. Digital Sun, aware of the risks derived from facing the new challenges posed by the provision of services or use of applications or communication tools through communication networks, especially the Internet, has put in place demanding security measures to reduce these risks. However, Digital Sun cannot guarantee the absolute invulnerability of its security systems, and therefore excludes any liability for damages of any nature and kind that may be due to the presence of viruses or other elements that may cause alterations in the computer system (software and hardware), terminals, electronic documents and files of the user or any third party. Digital Sun cannot guarantee the downloading of the contents made available to the user on this website through other distribution channels, whether authorised or not.

5.2. The user is informed that the use of electronic systems for data transmission, email and sending messages to mobile phones through technological platforms does not offer absolute guarantees of security. Digital Sun and the user mutually exonerate each other from any liability arising from events such as non-receipt or delay of the same, error or interception of communications.

5.3. Access to the application and associated tools as well as any non-consensual use that may be made of the information and contents thereof is the sole responsibility of the user. Digital Sun shall not be liable for any consequence, damage or harm that may arise from such access or use.

 

6. Disclaimer of warranties and liability

6.1. Exclusion of guarantees and liability for the operation of the website and information services requested. Digital Sun does not guarantee the availability and continuity of the operation of the website, its contents or those other websites to which a link has been established. Likewise, Digital Sun shall in no case be liable for any damages that may arise, including but not limited to a) The lack of availability or accessibility of the website and its contents or those other sites to which a link has been established; b) Interruption in the operation of the website or computer faults, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation; c) The lack of suitability of the website for the specific needs of the users; d) Other damages that may be caused by third parties through unauthorised inferences or intromissions beyond the control of Digital Sun; e) The impossibility of providing the service or allowing access and use for reasons not attributable to Digital Sun, due to the user, third parties, or force majeure and; f) The lack of permanent updating of its contents and the divergences of the information, documentation and contents of the website, its appearance, graphic representation and visualisation with the printed version.

In order to reduce the risk of introducing viruses on the website, Digital Sun uses virus detection programs to control all the contents that it introduces on the website. However, Digital Sun does not guarantee the absence of viruses or other elements on the website introduced by third parties unrelated to Digital Sun that may cause alterations in the physical or logical systems of users or in the electronic documents and files stored in their systems, especially in the case of content distributed by third parties. Consequently, Digital Sun shall in no case be liable for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the users.

Digital Sun adopts various protective measures to protect the website and its contents against computer attacks by third parties. However, Digital Sun does not guarantee that unauthorised third parties cannot gain access to the type of use of the website by the user or the conditions, characteristics and circumstances under which such use is made. Consequently, Digital Sun shall in no case be liable for any damages that may arise from such unauthorised access.

Digital Sun shall not be liable for the inadequate functioning of the website if this is due to maintenance work on the same, to incidents affecting international operators, to an overload of the system not attributable to Digital Sun, to a defective configuration of the user’s equipment or to its insufficient capacity to support the computer systems essential to be able to make use of the service. Digital Sun shall also not be liable for failures and/or damages arising from the incompatibility of the services with other services or software with which it is not specifically interoperable.

Digital Sun is not responsible for the failures that occur in communications and networks, not guaranteeing the availability and continuity of the operation of the application, associated tools and services, so Digital Sun does not guarantee the absence of interruptions or errors in access to the application, associated tools, its utilities or its content, nor that all of it is permanently updated. Digital Sun will carry out, provided that they are within its competence and there are no causes that make it impossible or difficult to carry out, and as soon as it becomes aware of the errors, disconnections or lack of updating, all those tasks aimed at correcting the errors, re-establishing communication and updating the tool.

6.2 Exclusion of guarantees and liability for the use of the website, contents, applications and/or related services. Digital Sun does not control, in general, the use that users make of the website and its contents and applications. Digital Sun does not guarantee and shall not be liable in any case for the use that users and/or third parties may make of the website, its contents, applications or related services, nor for any damages that may arise from the same.

6.3 Exclusion of guarantees and liability for the contents. Digital Sun does not guarantee and is not responsible for the suitability of each of the contents published on the website for specific user profiles of the website. Digital Sun does not edit the contents of third parties published on the website, therefore, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such content. Digital Sun shall in no event be liable for any damages that may arise from a) The lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and/or timeliness of the contents originated by third parties; b) The unsuitability for any purpose and the disappointment of the expectations generated by the contents; c) Decisions or actions taken or avoided by the user relying on the information or data provided or provided in the contents, including without limitation the loss of profits or business opportunities.

6.4 Exclusion of guarantees and liability in relation to links. The website makes available to users technical linking devices that allow users to access pages and/or websites belonging to and/or managed by third parties. Digital Sun checks the content of these pages at the time it establishes a link to them and does so in the good faith belief that such content complies with applicable legislation. However, under no circumstances does Digital Sun endorse, approve or make its own the products, services, content, information, data, files and any kind of material on such websites and does not control, approve or make its own any subsequent modifications to such material. In the event that it deems appropriate or is required to do so by judicial or administrative order, Digital Sun will remove the links to those web pages that infringe applicable legislation and/or infringe the rights of third parties.

6.5. Digital Sun disclaims any liability for damages of any nature or kind that may result from the unavailability or uninterrupted operation of the service due to causes beyond its control, loss of expected benefit or usefulness that Digital Sun or its users may have attributed to the utilities or services, or the fallibility of any of the foregoing. In no event shall Digital Sun be liable for any special or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action in contract, negligence or otherwise, arising out of or in connection with the use, performance or information available from the site.

 

7. Actions in case of non-compliance

7.1. Digital Sun reserves the right to exercise whatever actions it may be entitled to in accordance with the law in force and applicable at any time and in any case to demand the responsibilities derived from the breach of any of the provisions of these general conditions of use of the website and/or related services on the part of a user.

 

8. Integrity

8.1. The declaration of any of these general conditions of access and use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. The waiver by any of the parties to demand at any given time the fulfilment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfilment of any other condition or conditions, nor shall it create an acquired right for the other party.

 

9. Applicable law and competent jurisdiction

9.1. These general conditions of access and use of the website shall be governed by and interpreted in accordance with the Laws of Spain. For the resolution of any dispute that may arise from the access and use of the website, the user and Digital Sun submit themselves, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of the city of Valencia (Spain).

 

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