IMPORTANT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
WEBSITE OWNER GENERAL INFORMATION
- LINKING REALITIES, S.L., sole owner and operator of the website https://unionavatars.com (the “Web”) and of all its subdomains ( https://photobooth.unionavatars.com, https://api.unionavatars.com ), is a Spanish limited liability company, with registered office at Barcelona-08018, Calle Llacuna, 162, holder of the Tax Identification Number B-02.658.839 and registered with the Barcelona Commercial Registry at volume 47.498, book 88, sheet number B-553779 (“UNION”), engaged in the creation and development of technological tools for the creation and personalization of the realistic 3D representation of its users called avatar from a single photo of themselves (“Avatar”). The Avatar can be used to interact in a unitary way through various digital platforms such as video games, virtual reality (VR) platforms and augmented reality (AR) applications or in the Metaverse.
ACCEPTANCE OF THE TERMS
If you are acting on behalf of an entity, you hereby warrant and acknowledge that you have the necessary authority and legal capacity to enter into this Web and to bind such entity to comply with all of the terms and conditions set forth herein. If you do not have the authority and legal capacity to bind the entity you represent by your acceptance of this terms, neither you nor the entity may use the Web.
In accordance with the European and Spanish applicable law, by accepting this Terms, you expressly represent that you are at least 18 years old. The processing of data of minors under 18 years of age, based on consent, will only be lawful if the consent of the holder of parental authority or custody has been obtained priorly.
UNION, as owner of the Web, reserves the right to modify, adapt or update this Terms unilaterally to modify or adapt them to any legislative or jurisprudential developments that may arise, to making the appropriate updates according to industry or commercial practices, as well as to modify any content and/or information that may appear on the Web, without any obligation to give prior notice or inform users about such obligations, being understood as sufficient with the publication on the Web. If you do not agree with such modifications, adaptations or updates you may not be able to continue using, accessing and/or browsing the Web.
TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEB
User account: If you want to create your Avatar, you will be required to register in the Web by creating your “User Account”. If you create your User Account you undertake and agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form, being responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.
Creating and using the Avatar: After completing the creation of your User Account, if you want to create your realistic Avatar, you will be required (i) to provide us with your personal image by taking a photograph of your face (“selfie”) using the camera of your relevant electronic device with a neutral facial expression and good lighting or uploading an existing photograph of you that meets the above requirements from your relevant electronic device or allow us to access to your social networks (i.e. Facebook, Twitter, Instagram) and obtain such photographs, that will be used for the sole purpose of designing and creating your personalized Avatar; and (ii) to choose the type and style of your Avatar.
Once you complete the above-mentioned creation process, the Avatar data file will be created and will appear in your User Account dashboard, from where you will be able to visit and manage it. You will be able to create more Avatars and store them in your User Account. UNION keeps the right to retain the created Avatar in our server.
Using the Avatar: Once the Avatar has been created you will be able to use it in different digital platforms where its use is allowed, in accordance with the provisions set forth in Clause 6.2., of this Terms and with the relevant applicable terms and conditions of such digital platforms. Please keep in mind that third-party sites may have their own terms which implementation cannot be controlled by UNION. UNION is not responsible for the content of third-party websites and the terms and conditions applicable therein.
UNION API LICENSE
As part of our business, UNION offers to professional developers the option of access to the UNION`s application programming interface ("API"), throw the granting of a personal, non-exclusive, revocable and non-transferable software license, allowing to the creation and customization of Avatars. In case you want to access the API, you will be required to agree and accept all the terms and conditions set forth in the UNION`s Software License Agreement.**INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS**
The User expressly acknowledge and agrees for all purposes that (i) all content and information displayed on the Web, including but not limited to designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to intellectual property rights; as well as (ii) the Avatar, the garments and any aesthetic and visual elements designed, created and/or customized by UNION which are part of the same as delivered to the User or are able to its downloading from the Web, at any time, are the exclusive property of UNION and/or third parties, that have duly authorized their inclusion on the Web, expressly stating that no type of right over any content or of any kind will be granted, except those that are expressly recognized.
Therefore, the User will not be entitled to reproduce, copy, distribute, assign, make available or otherwise publicly communicate, transform or modify such content, as well as carry out any other activity with the aforementioned elements and content that has not been expressly authorized by UNION, including the core codes for any element of the Web.
The User will hold harmless UNION from any claim arising from breach of such obligations, being directly responsible for all derived consequences, damages and losses that may be caused to UNION and/or to third parties in this regard.
As an exception to the above, the User is allowed to mention the articles published on the Web through social networks (i.e. Facebook, Twitter, Instagram, LinkedIn, Discord), respecting our ownership or mentioning the people and/or companies indicated in the corresponding articles or content.
The User hereby undertakes (i) not to use the Web for fraudulent purposes; (ii) not to engage in any conduct that could damage the image, interests and rights of UNION or third parties; and (iii) to use the Web, the services and the contents included therein in a diligent, correct and lawful way. Likewise, the User undertakes not to carry out any action with the purpose of damaging, rendering useless or overloading the Web, or that would prevent, in any way, the normal use and performance of the same.
Regarding the use of the Avatars and all its associated assets, the User hereby undertakes:
- Not to use the Avatar inappropriately or for any immoral, illegal, abusive or harmful purpose;
- Not to sell, distribute, transfer, assign, lease or sublicense the Avatar, or use it to provide office, timesharing or any other commercial services, or make it available to any third party, in any way not expressly authorized under this Terms;
- Not to mint the Avatar/s and/or any associated digital asset available in the Avatar Creator (i.e., fashion designs, garments, clothes, aesthetical components, renders, textures, 3d objects) as a “Non-Fungible Token” ("NFT”), even if you are a registered as one of our partners or clients."
- The User will indemnify and hold UNION harmless from and against any loss, damage, liability, claim, legal expenses or demand made by any third party due to or arising out of a breach of any of the undertakings mentioned in the previous paragraph.
UNION and its respective directors, officers, employees, agents and representatives make no representations or warranties about the Web, any products and services contained on the Web or the suitability of the information contained in the materials, information, content, documents, and related graphics published on the Web for any purpose. The Web, any products or services obtained through the Web, and all such information, content, documents, and related graphics are provided for your use at your own risk and "as is" basis without warranty of any kind. UNION hereby disclaims all warranties and conditions with regard to the Web, such products and services and such information, content, documents, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Regarding the Avatars created by the User, UNION and its respective directors, officers, employees, agents and representatives make no representations or warranties about the fitness of the Avatars with the requirements of the User, the operability in combination with other equipment, software, platforms or systems provided by third parties, or that it will operate in an uninterrupted and error-free way, bearing in mind that the Avatar is provided to the User on an “as is” basis, in its current state.
- By accepting of these Terms, the User expressly acknowledges and agrees that:
- The User will be the sole liable regarding the form of access and the provision of information to UNION through the Web;
- UNION will not be liable for temporary suspensions, breakdowns or technical failures that affect the Web due to viruses or computer insecurities derived from third parties, or by illegal or disrespectful actions made by the User;
- UNION will not be liable for temporary suspensions, breakdowns or technical failures that affect the Web due to causes beyond our control, including but not limited to strikes, labor disputes, lockouts, restrictions or lack of access to energy, supplies, labor or raw materials, war, acts of terrorism, protests, natural disasters or governmental acts;
- UNION will not be liable for computer damages or any other kind that may be caused to the User when accessing the contents of the Web. UNION does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations to the computer system, electronic documents or files belonging to the User or third parties;
- UNION will not be liable for any damages that may result from a lack of accuracy, completeness and timeliness, as well as errors or omissions that may affect the information contained on the Web or other content that can be accessed through it.
THIRD PARTY WEBSITES
- The Web may contain links to other websites controlled and/or owned by third parties, with contents beyond our control, over which UNION makes no warranty of any kind and assumes no liability.
- Any communication to be sent by the User to UNION regarding these Terms will be sent by e-mail with delivery confirmation to email@example.com; by the other hand, any communication to be sent by UNION to the User will be sent by e-mail with delivery confirmation to the User declared e-mail address as recorded in UNION's files.
- Any term, provision, clause or paragraph of these Terms that may be deemed illegal, null or invalid, in whole or in part, will be deemed not to be in force and effect and will not affect the remaining terms and provisions set forth herein, which will continue to be in full force and effect.
APPLICABLE LAW AND JURISDICTION
- These Terms will be governed by Spanish law. For any dispute or controversy that may arise in relation to the interpretation, application or execution of this Terms, UNION and the User expressly agree to submit the dispute or controversy to the Courts of the city of Barcelona, expressly waiving the submission to any other forum that may correspond to them.
Effective date: 09 August 2022