In accordance with article 10 of Law 34/2002, of July 11, of the Information Society Services and Electronic Commerce of Spain, MULTIDEPORTE SOLUTIONS SL, proprietor of the website www.x-sauce.com, and registered in the Business Registry of the city of Madrid in volume 4.487, Book 0, Sheet 175, Page number m-74-294, inscription 9, and owner of the X-Sauce brand registered under number 16.040.883, states:
GENERAL CONDITIONS OF USE
The following conditions regulate the use of the Website (referred to herein as “the Website”), www.x-sauce.com (herein referred to as www.x-sauce.com) by the Users that visit this Website. The use of the Website implies full acknowledgement by the Users of all the General Conditions of Use of the Website in effect at any given moment that the User accesses the Website meaning that, if the User is not in agreement with the abovementioned conditions, the User should not access or use this Website, www.x-sauce.com. www.x-sauce.com reserves the right to modify, at any time, the General Conditions of Use of the Website as well as any other general or specific conditions, rules of usage, instructions or notices that may be put into effect. www.x-sauce.com reserves the right to suspend, interrupt or stop operating this Website at any given moment.
The services offered by www.x-sauce.com are intended exclusively for residents of Spain. Any natural or legal persons, physical, legal or fiscal residents in other European countries or outside the European Union, should verify that access and use of the Website and/or its content is permitted within the applicable legislation of that country. In any case, access and use of the Website by a User who is not considered by law a resident of Spain, will do so at their own and exclusive responsibility, waiving www.x-sauce.com of any responsibility to the extend permitted by the applicable legislation.
The Website www.x-sauce.com gives Users access to different content, information and data made available to Users by www.x-sauce.com or third-party providers of services or content. www.x-sauce.com reserves the right to modify, at any time, the presentation (including the user interface), configuration and location of the Website as well as its content and the conditions necessary to use these.
2. CONDITIONS TO ACCESS AND USE THE WEBSITE
2.1 Access and use of the Website. The User acknowledges and accepts that the access to the Website and/or its Content contained therein, is done freely and consciously under the exclusive responsibility of the User. The access to the Website and/or its Content contained therein, does not assume any type of guarantee with respect to the suitability of the Website and/or the Content contained therein, for specific purposes sought out by the Users. www.x-sauce.com can establish additional limitations and/or conditions for the use and/or access to the Website and/or the Content all of which must be observed and upheld by the Users in all cases.
2.2 Authorized Use of the Website and its Content. The User agrees to make proper and lawful use of the Website and its Content, in accordance with the applicable legislation and the present General Conditions of Use of the Website, the moral and generally accepted best practices and public order. The User will refrain from (i) non authorized or fraudulent use of the Website and/or its Content; (ii) access or attempted access to resources or restricted areas of the Website without complying with the specific conditions required to do so; (iii) use the Website and/or its Content for purposes or effects that are unlawful, illegal, go against practices established in the present General Conditions of Use, good faith, or public order, infringing rights or interests of any third parties or that might damage, disable or overload the Website or impede normal usage or enjoyment of the Website; (iv) provoke damage to any physical or logical systems of www.x-sauce.com, its suppliers or any third party; (v) introduce or spread any virtual or physical virus or system in the internet or any other system, physical or logical that could be used to provoke damage to the logical of physical systems of www.x-sauce.com, its suppliers or any third party; (vi) intend to access, use and/or manipulate the data of www.x-sauce.com, its suppliers or any third party and other users; (vii) reproduce or copy, distribute, allow public access though any mode of public communication, transform or modify the Content, unless otherwise authorized by the owner with the corresponding rights to do so or that it be legally permitted; (viii) eliminate, hide or manipulate the text regarding the intellectual property rights or industrial rights and all other data that identifies the rights of www.x-sauce.com or third parties included in the Content as well as any technical devices or any other information mechanisms that could be inserted into the Content; (ix) obtain, and attempt to obtain Content using methods, means and processes different from those that have been made available for that particular reason or are expressly indicated on the web page where the Content is found, or in general, that are normally used in the Internet given they pose no risk or potential damage or disable the use of the Website and/or its Content.
2.3 Use of HyperLinks. Those users who which to establish a hyperlink, link between their website and the Website (the “Link”) must obtain the expressed prior authorization of www.x-sauce.com, placing a request and being subject to the following conditions of use: (i) the Link will only allow access to the Website but will not reproduce the Website in any way; (ii) will not create a frame or border environment on the Website; (iii) will not display manifests or false statements, inaccurate or incorrect about the Website; (iv) will not declare or insinuate that www.x-sauce.com has supervised or is responsible in any way for the content and/or services offered or publicized on the website where the Link was established; (v) the website where the Link is established will not contain any brand, commercial name, logo, image, nomenclature, slogan, tagline, or other signs or symbols belonging to www.x-sauce.com or other third parties with out their expressed authorization; (vi) the website where the Link is established will not contain any information or unlawful content that goes against moral and generally accepted habits and conduct or public order or any third party rights. The establishment of the Link will not assume or infer the existence of any type of relationship between www.x-sauce.com and/of the proprietor or the operator of the website where the Link is established, or understanding, acceptance and/or approval on behalf of www.x-sauce.com of the content and/or services of said website. www.x-sauce.com will not be responsible, under any circumstances, for any consequences as a result of the establishment of Links by third parties or for the content, information and/or services offered by those websites where a Link to www.x-sauce.com has been established.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Users acknowledges and accepts that all intellectual and industrial property rights regarding the Content and/or any other elements inserted on the Website (including and without limitation, trademarks, logos, commercial names and brands, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, user interface “look and feel”, audio and video), are the sole property of www.x-sauce.com and/or third parties. Access to the Website does not imply any waiver, transmission, license or cession, total or partial, of the above-mentioned rights except specifically stated otherwise. The present General Conditions of Use of the Website do not confer Users any right to utilize, alter, exploit, reproduce, distribute or communicate publicly the Website and or its Content different from those specifically put forth in these Conditions. Any other use or exploitation of any of these rights will be subject to the prior and expressed authorization by www.x-sauce.com or the third party proprietor of the rights in question.
www.x-sauce.com authorizes Users to use, visualize, print, download and save the Content and/or elements inserted on the Website exclusively for personal and private non-lucrative use; always citing the origin and/or author of the said Content and given the case, using the copyright and/or intellectual and industrial property notes of the proprietors. It is strictly forbidden to use, reproduce, communicate and/or distribute with commercial or lucrative intent, modify, alter, decompile any Content or element present on the Website. For any other use other than that expressly permitted will require prior written consent by the owner or author of the intellectual property rights of said Content or elements.
4.EXCLUSION OF GUARANTEES AND RESPONSIBILITY
4.1 Exclusion of guarantees for the responsibility of the Website.
www.x/sauce.com does not guarantee the availability of the ongoing operation of the Website or of those websites with which it has established a Link. www.x-sauce.com will not be responsilbe for any damages that could result from (i) the lack of access or availability of the Website of those with which it has established a Link; (ii) the interruption of availability of the Website or computer or communications related failures, disconnections, delays, or blockages caused by deficiencies or overload of telephone lines, internet connections or other electronic systems that occur while the Website is being used; (iii) lack of suitability of the Website for specific needs of the User and (iv) other damages that may be caused by third parties due to non authorized intrusions to www.x-sauce.com that are beyond its control. Www.x-sauce.com has taken precautionary measures to lower the risk of viruses affecting the Website by using anti-virus software that control all Content uploaded to the Website. In any case www.x-sauce.com cannot guarantee that the Website is 100% virus free at any or all times, nor can it guarantee that all other elements on the Website provided or uploaded by third parties unrelated to www.x-sauce.com could generate alterations in any physical or logical systems of the User or of any electronic documents or files stored on the User´s systems. Therefore www.x-sauce.com cannot be held responsible for any damages or losses of any nature that could be caused as a result of the presence of viruses or other elements that could cause alterations to the User´s physical or logical systems, electronic documents or files.
www.x-sauce.com adopts different measures to protect its Website and Content from computer attacks or hacks by third parties. However www.x-sauce.com cannot guarantee that unauthorized third parties will not have the same access to the use of the Website as the User including the conditions, characteristics and circumstances as a part of that use. Therefore, www.x-sauce.com cannot be held responsible, under any circumstances, for any damages or losses that could be caused as a result of said unauthorized access.
4.2 www.x-sauce.com will not be held responsible, under any circumstances, of the use by the User and/or third parties of the Website and/or its Content, nor any damages or losses resulting from said use.
4.3 www.x-sauce.com does not edit any third-party Content on the Website and therefore cannot be held responsible for the lawfulness, reliability, usefulness, truthfulness, precision, accuracy, thoroughness and/or up to date nature of said Content. www.x-sauce.com will not be held responsible for any damages or losses that could occur as a result of (i) the legality, reliability, usefulness, precision, thoroughness and or up to date nature of any third/party Content (ii) the inadequacy of any purpose and the disappointment of expectations generated by said Content; (iii) decisions or actions taken or avoided by the User by trusting the information or data made available via the Content, including but not limited to the loss of business benefits and/or opportunities.
4.4 The Website makes available to Users, linked technical devices, directories and search tools that allow the Users to access pages and/or websites that belong to and/or are managed by third-parties. www.x-sauce.com checks the existing content on these pages at the moment the link is established and does so in good will that the content via the link is in accordance with the applicable legislation in force. Nevertheless, www.x-sauce.com, will not be held responsible nor approves or takes ownership of the products, services, content, information, data, files and any other type of existing material on those web pages nor does it control, take responsibility for, approve or take ownership for the ongoing modifications of said materials. If www.x-sauce.com deems necessary, by its own judgement or by legal or administrative requirements, www.x-sauce.com will remove all links to those web pages that do not comply with the applicable legislation and/of damage any third-party rights.
5. ACTIONS IN CASE OF BREACH
www.x-sauce.com reserves the right to exercise all and any of those actions legally available to demand responsibility resulting from breach in any of the clauses of these General Conditions of Use of the Website by the User.
6. PARTIAL NULLITY
The declaration of any of these general conditions as null, invalid or ineffective will not affect the validity of the effectiveness of the rest which will continue to bind all parties. The waiver of any of the parties when demanding, at any point in time, the enforcement of any of the general conditions stipulated herein will not imply a general waiver of the enforcement and fulfillment of another condition or conditions nor will it create an entitlement for the other party.
7. GOVERNING LAW AND JURISDICTION
The provision of service of the Website and the present General Condition of Use of the Website are subject to Spanish law. To the extent allowed by law, all parties expressly relinquish any other jurisdiction that could be applied to the party agreeing to submit to the Courts and Tribunals of the capitol city of Madrid.