terms of use


TERMS OF USE PLEASE READ CAREFULLY THE TERMS AND CONDITIONS BEFORE USING THIS SITE AND OUR APPLICATION. What do these conditions include? These conditions explain the rules for using our webite and the associated mobile application (our Services). MOTION PICTURES ENTERTAINMENT, S.L. responsible for this website, makes this document available for Internet users, whose purpose is to comply with the obligations laid down in Law 34/2002, of 11th of June, of the Services of the Information and Electronic Commerce Society (LSSICE) and other applicable regulations, and to provide information on the conditions of use. Who we are and how to contact us and the associated mobile application are managed by MOTION PICTURES ENTERTAINMENT, S.L. (“us”). We are a company registered in SPAIN, with tax identification number NIF B66810524 and business address in CALLE REINA VICTORIA 8. 08021 BARCELONA, SPAIN. Terms of Use and Acceptance Any person, whether natural or legal who accesses, surfs, uses or participates in services and activities, either free or onerous, developed through this website assumes the status of USER, and as such, through such access, commits themselves to the observance and strict compliance with the provisions herein present, as well as any other legal provision that applies, thus forcing the correct use of this website. The user will be held liable before MOTION PICTURES ENTERTAINMENT, S.L or before third parties, for any damages which may arise from non-compliance of the above-mentioned obligation. There are other conditions that may apply to you. These Terms of Use refer to the following additional terms, which also apply to you use of our Services: • Our Privacy Policy • Our Cookie Policy which contains information about cookies on our site. We can make changes to these conditions. We modify these conditions from time to time. Whenever you want to use the services offered by this website or mobile application, please review the conditions and make sure you understand what applies at that time. These conditions were last updated on the 29th of March in 2021. The present terms of use and navigation are intended to regulate the relationship between the owner of the website and mobile application, MOTION PICTURES ENTERTAINMENT, S.L., as the service provider, and users who access, surf and enjoy the service offered. Services MOTION PICTURES ENTERTAINMENT, S.L provides free access to a large amount of information, content, services and data (hereinafter, “the Services”), whose property belongs to MOTION PICTURES ENTERTAINMENT, S.L or its licensors to which the user may have access. Our Services are free. We can make changes to our Services. We may occasionally change our services to reflect changes in our products or business priorities or the needs of our users. We may withdraw or suspend our Services. We do not guarantee our Services, or any content thereof, are always available or may be interrupted. We may suspend, withdraw or restrict the availability of all or part of our Services for commercial and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You also have a responsibility to ensure that all persons accessing our Services through their internet connection are aware of these terms of use and other applicable terms and conditions, and that they are met. Our Services are only for users in SPAIN. Our Services are directed to residents of SPAIN. We do not state that the content available on or through our Services is appropriate for your use or is available elsewhere. The user assumes responsibility for the proper use of the website in accordance with the Law and these conditions, liability that extends to the registration necessary to access certain services and content that are provided. This registration involves the completion of the corresponding form, in which the user guarantees the authenticity and accuracy of all data given and undertakes not to provide false, fraudulent or unlawful information or documentation. It may result in the creation of a password that the user must keep diligently and confidentially. The user will be solely responsible for the false or inaccurate statements made and for the damage caused to MOTION PICTURES ENTERTAINMENT, S.L. or to third parties for the information they provide. If you know or suspect that someone other than you know your user authentication code, you must notify immediately. How you can use material from our Services. We own or license all the intellectual property rights of our Services and all material posted on them. These works are protected by copyright laws and treaties around the world. All these rights are reserved. You can print and download extracts from any page or pages from our Services for your personal use and can draw the attention of others (e.g., your friends and family) to the content posted on our Services. You must not modify paper or digital copies of any material you have printed or downloaded for commercial purposes in any way. Nor must you use any illustration, photograph, video, audio or graphic footage separated from any accompanying text for commercial purposes. Our status (and that of any identified person who has contributed) as authors of the content of our Services must always be recognized. You must not use any part of our Services content for commercial purposes without obtaining a license from us or our licensors. If you print, copy or download any part of our Services in violation of our terms of use, your right to use our Services will cease immediately and you shall, at our discretion, return or destroy any copies of the materials you have made. Do not rely on information from our Services. The content of our Services is provided only as general information. It is not intended to amount to advice on which you should rely. You should seek professional or expert advice before taking or refraining from taking any action based on the content of our Services. Although we make reasonable efforts to update the information on our Services, we do not declare, guarantee or maintain, expressly or implicitly, that the content of our Services is accurate, complete or up-to-date. We do not take responsibility for the websites with which we link. When our Services contain links to other sites and resources provided by third parties, these links are provided for informational purposes only. Such links should not be construed as our endorsement of linked websites or of the information you may obtain from them. We have no control over the content of those sites or resources. We can organize contests from our Services. From time to time, we may organize contests from our Services. If you wish to participate in such a contest, you must confirm at the time of registration that you accept the general conditions of the contest and any other specific rules which may be applicable to that contest at all times. Children and young people. Our Services are aimed at users of different ages. Nevertheless, there are no age barriers to access the Services. Children under the age of 13 must only use the Services if they have the permission of a parent or guardian. Parents or guardians of children under the age of 13 who use the Services should carefully review these terms of use. Contributions submitted and/or read by minors are subject to the consent of the parent or guardian. We advise parents or guardians to allow their children to use the Services and to talk to the children about security on the Internet. If you allow a child to use a device to access, view or listen to content on the Services, you are solely responsible for deciding whether such content is appropriate for that child or not. Our liability for loss or damage suffered by you. We do not exclude or limit in any way our responsibility toward you when it is illegal to do so. This includes liability for death or personal injury due to negligence on our part or on the part of our employees, agents or subcontractors and fraudulent misrepresentation or wrongful omission. Any breach of the clauses contained in this website (Terms of Use, Privacy Policy, Cookie Policy, as well as other content that imposes obligations on the user) and in general of the legality in force in Spain, will be notified immediately by MOTION PICTURES ENTERTAINMENT, S.L. to the relevant authorities, undertaking as such to cooperate with them. In such case, the user will respond to MOTION PICTURES ENTERTAINMENT, S.L. or to third parties of any damages that may be caused as a result of the breach of these obligations. MOTION PICTURES ENTERTAINMENT, S.L. does not guarantee that their website complies, in whole or in part, with the laws of other countries. Therefore, if the user resides or is domiciled in any place other than Spain, and decides to access or browse this website, they shall do so at their own risk and responsibility, ensuring that such access and/or navigation complies with the local legislation applicable in your case. MOTION PICTURES ENTERTAINMENT, S.L. is not responsible for any damage or loss resulting from a denial-of-service attack, or any other technologically harmful program or material that may affect your computer, computer equipment, data or materials resulting from the use of this website or the downloading of contents from it or to which this site redirects. How we use your personal data: Please see our Privacy Policy for more details on how we will use your personal information. We are not responsible for any viruses and you should not introduce them. We do not guarantee that our Services are secure or free of errors or viruses. You are responsible for configuring your information technology, platform and software to access our Services. You must use your own antivirus protection software. You must not misuse our Services by deliberately introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. Nor should you attempt to gain unauthorized access to our Services, to the server on which our Services are stored or to any server or computer or database connected to our Services. You must not attack our Services through denial-of-service attacks or distributed denial of service attacks. If you violate this provision, we will inform the relevant law enforcement authorities of any such offences and cooperate with those authorities by revealing to them your identity. In the event of such an infringement, your right to use our Services will cease immediately. Rules for linking to our Services: You can link to our homepage as long as you do so in a way that is fair and legal and does not harm our reputation or take advantage of it. You must not post links that suggest any form of association, approval or endorsement by us when there is no such thing. You must not link to our Services on any website other than your own. Our Services should not be placed anywhere else, nor can you create a link to any part of our site other than the homepage. We reserve the right to withdraw the link. If you wish to add a link or make use of any other content in our Services other than as set out above, please contact Users of the Apple app. If you access our Services through our mobile app on the Apple platform, you are specifically subject to the following conditions: You acknowledge that these terms and conditions are agreed between you and us only, and not with Apple, and that we, and not Apple, are solely responsible for our Services and their content. You acknowledge that Apple has no obligation to provide maintenance services or technical support with regards to our Services. In so far as the applicable legislation allows, Apple will not have warranty obligations regarding the Services. Your license to use the Services is limited to a non-transferable license to use the Services on any Apple-branded product owned or controlled by you and as permitted by the usage rules set forth in the App store terms of service, with the exception that other accounts associated with you through the Family feature can also access and use the Services. You acknowledge that we, and not Apple, are responsible for handling any claims by you or third parties in connection with the Services with the possession and/or use of the Services by you, which includes, by way of example: (i) liability claims for defective products; (ii) any claim that the Services do not comply with any applicable legal or regulatory requirement; and (iii) complaints arising from customer protection, privacy or similar legislation. You acknowledge that, in the event that a third-party claim that the Services or the possession and use of the Services by you infringe the intellectual property rights of that third party, we, and not Apple, will be the only ones responsible for the investigation, defence, settlement and disclaimer of such intellectual property infringement claim. You represent and guarantee that (i) you are not located in a country that is subject to embargo by the US government or that has been listed by the US government as a country that “supports terrorism” and that (ii) you are not on any US government list of prohibited or restricted persons. You acknowledge and agree that Apple and affiliates of Apple are third party beneficiaries of these terms and conditions and that, upon your acceptance of these terms and conditions, Apple, as a third-party beneficiary, shall have the right (and shall be deemed to have accepted the right) to enforce these terms and conditions against you. The legislation of which country applies in case of dispute. Intellectual property All contents of the website, among others, texts, photographs, graphics, images, icons, technology, software, links and other audio-visual content, as well as the graphic design and source codes, constitute a piece of work whose property belongs to MOTION PICTURES ENTERTAINMENT, S.L, none of the exploitation rights over them beyond what is strictly necessary can be deemed to have been transferred to the user for the correct use of the website and whether or not they are subject to intellectual property. MYAGO is a registered trademark in Spain and controlled by MOTION PICTURES ENTERTAINMENT S.L. You are not permitted to use such trademark without our approval. The total or partial reproduction, exploitation, distribution, modification, assignment or public communication of the content is prohibited, and any other act not expressly authorized by the holder of the exploitation rights. Any previously unauthorized use is considered a serious breach of the author's intellectual or industrial property rights. To make any kind of observation regarding possible breaches of intellectual or industrial property rights or of any of the website content, the user shall notify MOTION PICTURES ENTERTAINMENT S.L, attaching the relevant information. In all events, MOTION PICTURES ENTERTAINMENT S.L does not assume any responsibility for the intellectual or industrial property rights of third parties that are infringed by a third party or by the user. Disclaimers of warranties and liability The information provided by this website is of a general nature and is for purely informational purposes, without full guarantee of access to all content, its accuracy, completeness, correctness, validity or timeliness or its suitability or usefulness for a specific purpose. MOTION PICTURES ENTERTAINMENT S.L, is not liable, in any case, for damages arising from but not limited to: Errors or omission in the contents. MOTION PICTURES ENTERTAINMENT S.L. does not guarantee that the contents will be permanently updated or that they lack any error. Lack of availability on the website. MOTION PICTURES ENTERTAINMENT S.L, is not responsible for any damage caused to the user as a result of failures or disconnection in the telecommunication networks involving the cancellation, suspension or interruption of the website service, since the functioning of these networks depends on third parties. Presence of a virus or malicious or defective software in the content which may alter computer systems, electronic documents or user data, despite having taken all necessary technological measures to prevent it. It is at all times up to the user to be provided with adequate tools to protect them from harmful computer programs. Applicable legislation Please note that these terms of use, their object and their formation are governed by Spanish law. You and we agree that the courts of Spain will have exclusive jurisdiction. Our trademarks are registered.