Ludium Lab, S.L. (hereinafter “Ludium”) is the company owner of the Sora Stream platform and service (hereinafter “SoraStream”), with registered officer at C/Manuel Girona, 82 – Bajos, 08034, Barcelona, Spain, and registered in the Mercantile Registry of Barcelona and NIF B65785099. Contact email: email@example.com
4. INFORMATION PROVIDED BY SORASTREAM USERS
The user agrees that Ludium can use technology and integrated services to allow this information to be used to carry out statistical analyzes of SoraStream accesses, uses and views.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY OF SORASTREAM
Please read and accept this license agreement before installing and using the SoraStream service. The Ludium application grants its Users a non-exclusive and non-transferable license (hereinafter, the “License”) to use the website, app and the gaming platform.
Ludium is the owner of SoraStream’s trade name, copyright and distribution rights. The copyright includes the “look and feel” of the Ludium software. This agreement is a license to use SoraStream and Ludium software and does not imply a transfer of ownership of its rights.
In this sense, Ludium by itself or as an assignee, is the owner of all the intellectual and industrial property rights of SoraStream, as well as the appearance, style of the software and the elements contained therein (for instance, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.), owned by Ludium. Under the provisions of the Copyright Law, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of, for commercial purposes, in any medium, are expressly prohibited. and by any technical means, without the authorization of Ludium or third owners.
The user agrees to respect the Intellectual and Industrial Property rights owned by Ludium and the owners of the games. Unless expressly authorized, Ludium does not grant any type of license or permission to use in relation to its intellectual and industrial property rights or any other property or right associated with its platform.
The Sora Stream© name and logo are registered trademarks of Ludium Lab, S.L.
Copyright Ludium Lab S.L. © 2020 – All rights reserved
5.2. Third Party Applications and Devices
The Ludium Service is integrated or may, in any other way, interact with third party applications, websites and services and third party devices (“Third Party Applications and Devices”) to make the Ludium Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. The User understands and accepts that Ludium neither subscribes nor is responsible for the behaviors, features or contents of the Third Party Applications or Devices or any legal business that the User may enter into with the provider of any of these Third Party Applications and Devices, nor does Ludium guarantee the compatibility or continued compatibility of Third Party Applications and Devices with the Service.
5.3. Guarantees and responsibilities
You must use the SoraStream service in accordance with the terms and conditions of this document. Ludium will not be liable for damages derived from the use of Ludium inconsistently with this License. Except for the responsibilities established in the consumer protection rules, the user exonerates Ludium from any responsibility derived from the incorrect execution of SoraStream or the incorrect operation thereof caused by the way the software was executed. This disclaimer extends to Ludium employees and management.
Ludium states that this License to use the SoraStream platform does not breach any previous contract or current legislation. Ludium does not guarantee the availability, continuity or flawless operation of the software. Therefore, to the extent permitted by the law, this warranty does not include damages resulting from Ludium’s unavailability or operation and SoraStream functionality. Ludium does not assume any responsibility in case of an unforeseeable circumstance or force majeure, in the same way, it will not be responsible for any cause that is beyond reasonable control, such as the existence of viruses and the interference of third parties.
5.4. Duration of the License
Ludium grants only the SoraStream license to use. In no case grants the license or authorization of distribution of any kind on their copyright and industrial property rights or on any other property or right related to SoraStream.
6. USE OF THE SORASTREAM PLATFORM
The user commits to make a diligent and responsible use of the SoraStream platform and not to cause any damage to the physical and logical systems of Ludium, owner of SoraStream, its suppliers or third parties, to introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
The User, holder of the account, does not have permission, nor will grant permission to third parties (with the exceptions imposed by local laws) to:
– Obtain or try to obtain unauthorized access to the SoraStream account;
– Use the Sorastream account in a tortuous way, for illegal purposes or in any other way that does not respect
– Sell, lease, distribute, transfer, sublicense, reproduce, duplicate, copy, use for commercial purposes or exploit or access the Sorastream account, or generate income from the use or supply of the Sorastream account, and be for profit or commercial benefit or other purposes, without the prior, express and written consent of Ludium or other legitimate third parties.
7. DATA PROTECTION
Ludium may use the personal data to send or make commercial or promotional communications to SoraStream users who have given their prior consent.
8. EXCLUSION OF GUARANTEES AND LIABILITY
Ludium reserves the right to cancel the access of a user to SoraStream, as well as all or part of the content provided through it, at any time and without prior notice, for technical reasons, security breaches, maintenance or power failures or any other reasonable cause. Consequently, Ludium does not guarantee the integrity, availability or continuity of the SoraStream platform or its content, therefore, its use is made at the User’s own risk and Ludium is not responsible for the discontinuity or unavailability of this service.
Ludium is not liable for any interruption of SoraStream services, delays, errors, malfunctions and, in general, any other problem arising from causes beyond Ludium’s reasonable control and/or related to willful misconduct or intent, fault or negligence of the users, and/or due to force majeure. Force majeure is defined as all those events that go beyond Ludium’s reasonable control, such as: third parties’ errors, operators or service companies, acts of the government, lack of access to third party networks, acts or omissions of public authorities, or those produced as a result of natural disasters, blackouts, attacks by hackers or other third parties to the security or integrity of the system. In any case, whatever the cause, Ludium will have no liability for direct or indirect damage or for losses incurred.
All liability of Ludium is excluded for damages of any kind that may result from the presence of viruses or the presence of other harmful elements in the content that may cause alterations in the computer systems, as well as in documents or other systems stored in SoraStream. Ludium is not responsible, in any case, for damages of any nature that may cause, for instance, errors or omissions in the contents, unavailability of SoraStream’s service or the transmission of viruses or malicious or harmful programs in the contents, despite having taken all the necessary technological measures to avoid it. Ludium will pursue the breach of these conditions as well as any improper use of the SoraStream service, exercising all civil and criminal actions that may be applicable by law.
9. MODIFICATION OF THESE TERMS AND DURATION
10. RIGHT OF EXCLUSION
11. APPLICABLE LEGISLATION AND JURISDICTION
The User expressly accepts that all disputes, claims and other issues that may arise or are related to the SoraStream service will be governed by current Spanish regulations and any controversy will be submitted to the Courts of the city of Barcelona, unless the regulations for the consumers and users protection establish other criteria.