LEGAL TERMS AND CONDITIONS

 

Privacy policy

MELBOT STUDIOS S.L., including its affiliates (“Melbot”), collects, stores, and uses your personal information as a data controller in connection with and in order to provide and develop MELBOT STUDIOS S.L.’s products, mobile applications, services and websites (together “Services”) according to this privacy policy (“Privacy Policy”).

For questions and information about Privacy Policy and data subject’s rights, please contact us at info@melbot.es or alternatively at MELBOT STUDIOS S.L., C. Espronceda 403, 2-1 08023, Barcelona Spain.

For information about our privacy practices related to data from children, please see “Special Note About Children’s Privacy” below.

All MELBOT STUDIOS S.L. Services are governed by this Privacy Policy and by using or accessing a Service You give consent to the processing, use and disclosure of your data. Please do not install or use the Services if you do not agree to this Privacy Policy.

MELBOT STUDIOS S.L. reserves the right to modify this Privacy Policy. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

  • How We Collect Your data

Likely situations when you make personal data available to MELBOT STUDIOS S.L. include, but are not limited to: (i) by using MELBOT STUDIOS S.L.’s mobile apps or visiting our websites, (ii) registration for Services, contests and special events; (iii) accessing Services using a third party ID, such as social networking sites or gaming services; (iv) subscribing to newsletters; (v) purchasing a product or services through MELBOT STUDIOS S.L.’s online stores or within the app (or “in-app purchase”); (vi) using “tell a friend,” “email this page,” or other similar features; (vii) requesting technical support; and (viii) otherwise through use of MELBOT STUDIOS S.L. Services where personal data is required for use and/or participation.

The data we process on you may include, but is not limited to: email address, device ID, IP-address, user names and passwords.

MELBOT STUDIOS S.L. may supplement your data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.

  1. Ad Serving Technology

MELBOT STUDIOS S.L. reserves the right to use and disclose the collected, non-personal data for purposes of advertising by MELBOT STUDIOS S.L. or MELBOT STUDIOS S.L.’s partners and contractors.

MELBOT STUDIOS S.L. may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services.

MELBOT STUDIOS S.L. or third parties operating the ad serving technology may use demographic and geo-location information (for more information regarding use of Location Data see below Section 3) as well as information logged from your hardware or device to ensure that relevant advertising is presented within the Service. MELBOT STUDIOS S.L. or third parties may collect and use data, for such purposes, including but not limited to, data such as IP address, Device ID, MAC address, installed software, application usage data, hardware type, Operating System information, browser information, unique identifiers in browser cookies, Flash cookies, and HTML5 local storage, Internet and on-line usage information and in-game information.

The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

MELBOT STUDIOS S.L. may display to you behaviorally targeted advertising. If you wish to “opt out” of certain targeted advertising, please visit http://www.youradchoices.com and/or www.networkadvertising.org. Please note that the links above may not reach all MELBOT STUDIOS S.L.’s advertising partners and certain behaviorally targeted advertising may still be displayed to you. If you want to be certain that no behaviorally targeted advertisements are displayed to you, please do not use or access the Services.

Some services may include the use of in-game advertisements or brand placement. Such ads or sponsorships will be noted as such within the services.

Additionally please note that if you “opt out” it does not mean that you will no longer receive advertising. It just means that the advertising you see displayed will not be customized to you and your interests and may be less relevant to you.

  1. Location Data

To the extent MELBOT STUDIOS S.L. makes location enabled Services available and you use such Services, MELBOT STUDIOS S.L. may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations. The location data is processed  and stored only for the duration that is required for the provision of the location related Services.

MELBOT STUDIOS S.L. may use, depending on the service (1)IP-based location based on the IP address presented by the end-user, (2) fine geo-location data based on coordinates obtained from a mobile device’s GPS radio, or (3) coarse, network-based geo-location data based on proximity of network towers or the location of WiFi networks.

Your fine, GPS-based geo-location is not accessed without your consent. Notwithstanding MELBOT STUDIOS S.L.’s partners who are providing location related parts of the Service, MELBOT STUDIOS S.L. will not share your GPS geo-location with third parties without your consent. To the extent MELBOT STUDIOS S.L. makes available GPS geo-location to third parties in accordance with this Privacy Policy, it will be provided anonymously.

  1. Analytics

MELBOT STUDIOS S.L. uses your information to perform its own analytics and to enable analytics provided by third parties.  We use analytical information for supporting business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, and making recommendations.   MELBOT STUDIOS S.L. may also use third-parties in order to develop and analyze use of the Services.

  1. Friends

If you choose to use MELBOT STUDIOS S.L.’s “tell a friend” or a similar service about MELBOT STUDIOS S.L. Services or order a gift certificate for your friend, MELBOT STUDIOS S.L. may store your friend’s name and contact details that you provide to MELBOT STUDIOS S.L..

Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, MELBOT STUDIOS S.L. may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to MELBOT STUDIOS S.L.. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. MELBOT STUDIOS S.L. may associate and/or combine as well as use information collected by MELBOT STUDIOS S.L. and/or obtained through such social networking sites.

  1. Disclosure and Transfer of Personal Data

Personal data may be disclosed to third parties including third parties located outside the European Union or the European Economic Area in accordance with applicable legislation and this Privacy Policy.

MELBOT STUDIOS S.L. may use third parties to collect and process personal data on MELBOT STUDIOS S.L.’s behalf and in according to MELBOT STUDIOS S.L.’s instructions. MELBOT STUDIOS S.L. is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

  1. Data Retention and Correctness

MELBOT STUDIOS S.L. retains the collected data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter MELBOT STUDIOS S.L. deletes all aforementioned data in its possession within a reasonable timeframe. MELBOT STUDIOS S.L. does not verify the correctness of personal data.

Please note that some data may be further retained if necessary to resolve disputes, enforce MELBOT STUDIOS S.L. user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.

  1. Cookies, beacons and tracking

The Services may use “cookies” and other technologies such as pixel tags, local shared objects, hardware-based device identifiers, Operating System-based identifiers, clear GIFs and web beacons. MELBOT STUDIOS S.L. treats information collected by cookies and similar technologies as non-personal data.

Cookies: A “cookie” is a small file stored by your browser when told to do so by a website. Typically websites place a number of different cookies on an end-user’s machine. Some of the cookies are “1st Party,” from the website itself, and others are “3rd party,” belonging to advertising and analytics entities or social networks.  MELBOT STUDIOS S.L.’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” your browser during subsequent visits for purposes of functionality, preferences, and website performance. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.

Flash cookies & HTML5: MELBOT STUDIOS S.L. may also use Flash cookies (local shared objects) and HTML5 local storage. Flash cookies are small files similar to browser cookies, but which are not stored in the browser and can also be used to remember your settings, to personalize the look and feel of the Services, or for advertising and analytics. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.

Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image (often not visible to the end-user) that allows MELBOT STUDIOS S.L. to count users who have visited certain pages or viewed certain advertisements. Additionally, e-mails and other electronic communications MELBOT STUDIOS S.L. sends to you may contain pixel tags that enable MELBOT STUDIOS S.L. to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.

  1. Third Party Terms and Conditions

Please note that your access to and use of the Services may be subject to certain third party terms and conditions and MELBOT STUDIOS S.L. is not liable for any such third parties’ use of your personal data.

Certain Services that MELBOT STUDIOS S.L. may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID, or gaming network account. In connection with such use, certain personally identifiable user and/or membership data may be transferred automatically to and from MELBOT STUDIOS S.L..

MELBOT STUDIOS S.L. may disclose your personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of MELBOT STUDIOS S.L.’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

  1. Safeguards

MELBOT STUDIOS S.L. follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in MELBOT STUDIOS S.L.’s possession.

  1. Other

You may choose to disclose data about yourself in the course of contributing user generated content to the Services.

Any data that you disclose in any of these forums, blogs, chats or the like will become public information, and there is no expectation of privacy or confidentiality with respect to that data.

MELBOT STUDIOS S.L. may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy.

  1. Special Note about Children’s Privacy

MELBOT STUDIOS S.L. does not knowingly collect personal information from children under 13 years of age. If MELBOT STUDIOS S.L. learns that Melbot has inadvertently gathered personal data from children under 13 years of age, MELBOT STUDIOS S.L. will take reasonable measures to promptly delete such personal data from Melbot’s records.

MELBOT STUDIOS S.L. understands the need to provide extra privacy protections to users who are children. To that end, features and services such as social networking plug-ins, behaviorally targeted advertising, and collection of data for the purpose of building user profiles are not available to users under 13. MELBOT STUDIOS S.L. also does not allow our third party partners who engage in such practices to access personally identifiable data from users under 13.

MELBOT STUDIOS S.L. and its partners do collect non-personally identifiable data from children. This includes, for example, collection of IP-based geolocation data to ensure that the product, service or features served comply with applicable laws of that nation.

MELBOT STUDIOS S.L. and its partners also collect data to assess general information about the use of products, such as the number of visitors to our sites and services and which sections of a site or service are popular. MELBOT STUDIOS S.L. also uses this data to provide contextually-relevant advertising to users, to prevent users from seeing the same ad repeatedly, and to allow users to personalize their experience on the site or service (for example, to save a high score in a game). MELBOT STUDIOS S.L. and its partners may also use cookies, pixels, hardware-based identifiers, Operating System-based identifiers, and software-set identifiers, to manage and measure the performance of advertising.

Please note that MELBOT STUDIOS S.L.’s partners may have their own policies related to tracking technologies for analytics and ad-serving purposes.  While
MELBOT STUDIOS S.L. requires that companies comply with MELBOT STUDIOS S.L.’s privacy policy before MELBOT STUDIOS S.L. allows those companies to access our sites and services, MELBOT STUDIOS S.L. does not actually control third-party data collection and use. MELBOT STUDIOS S.L. encourages parents to review the list of operators below and to become familiar with those parties policies and practices.

If you have additional questions about MELBOT STUDIOS S.L.’s Privacy Practices related to children under the age of 13, please contact us at info@melbot.es, or alternatively at MELBOT STUDIOS S.L., C. Espronceda 403, 2-1 08023, Barcelona Spain.

  1. Further information

This Privacy Policy is governed by Spanish law excluding its choice of law provisions.

MELBOT STUDIOS S.L. makes good faith efforts to enable you to review, update or correct your personal data in MELBOT STUDIOS S.L.’s possession.

MELBOT STUDIOS S.L. will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request.

 

Terms of service and end user license agreement (“EULA”)

Applicable from: 1 Jan 2018.

The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and MELBOT STUDIOS S.L. Entertainment Corporation, and its affiliates (“MELBOT”). This EULA governs your use of Software and Services (as specified below).

For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by MELBOT STUDIOS S.L. or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

“Services” means all services made available by MELBOT STUDIOS S.L., including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.

Software and Services are collectively referred to as “MELBOT STUDIOS S.L. Services”.

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE MELBOT STUDIOS S.L. SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE MELBOT STUDIOS S.L. SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.

If you do not accept the terms of this EULA, do not install, use or access the MELBOT STUDIOS S.L. Services.

  1. Licenses

SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, MELBOT STUDIOS S.L. hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

SERVICE LICENSE. Subject to this EULA and its terms and conditions, MELBOT STUDIOS S.L. hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by MELBOT STUDIOS S.L., for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or MELBOT STUDIOS S.L.’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.

OWNERSHIP; NO OTHER LICENSES. MELBOT STUDIOS S.L. retains all right, title and interest in and to the MELBOT STUDIOS S.L. Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The MELBOT STUDIOS S.L. Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the MELBOT STUDIOS S.L. Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from MELBOT STUDIOS S.L.. All rights not expressly granted to you herein are reserved by MELBOT STUDIOS S.L..

  1. Third party services

MELBOT STUDIOS S.L. Services may include links to third party services and/or the third party services may be made available to you via MELBOT STUDIOS S.L. Services. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.

  1. General license conditions

You agree not to: (i) commercially exploit the MELBOT STUDIOS S.L. Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the MELBOT STUDIOS S.L. Services, any copies thereof, or any passwords or usernames of MELBOT STUDIOS S.L. Services, without the express prior written consent of MELBOT STUDIOS S.L. or as set forth in this EULA; (iii) make a copy of the MELBOT STUDIOS S.L. Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the MELBOT STUDIOS S.L. Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the MELBOT STUDIOS S.L. Services or this EULA, use or install the MELBOT STUDIOS S.L. Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the MELBOT STUDIOS S.L. Services at a computer gaming center or any other location-based site; provided, that MELBOT STUDIOS S.L. may offer you a separate site license agreement to make the MELBOT STUDIOS S.L. Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the MELBOT STUDIOS S.L. Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the MELBOT STUDIOS S.L. Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the MELBOT STUDIOS S.L. Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such MELBOT STUDIOS S.L. Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the MELBOT STUDIOS S.L. Services.

However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.

The MELBOT STUDIOS S.L. Services may include measures to control access to the MELBOT STUDIOS S.L. Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only MELBOT STUDIOS S.L. Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the MELBOT STUDIOS S.L. Services will not function properly.

The MELBOT STUDIOS S.L. Services may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the MELBOT STUDIOS S.L. Services, and to the extent that your contributions through use of the MELBOT STUDIOS S.L. Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant MELBOT STUDIOS S.L. an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to MELBOT STUDIOS S.L.’s and other players’ use and enjoyment of such assets in connection with the MELBOT STUDIOS S.L. Services and related goods and services under applicable law. This license grant to MELBOT STUDIOS S.L., and the above waiver of any applicable moral rights, survives any termination of this EULA.

The MELBOT STUDIOS S.L. Services may require an internet connection to access the MELBOT STUDIOS S.L. Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the MELBOT STUDIOS S.L. Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to MELBOT STUDIOS S.L. Services. By using the MELBOT STUDIOS S.L. Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the MELBOT STUDIOS S.L. Services or certain features of the MELBOT STUDIOS S.L. Services may not operate or may cease to function properly, either in whole or in part.

You may not use the Service to submit or link to any content which is defamatory, abusive, hateful, threatening, libelous, spam or spam-like, likely to offend, contains adult, nudity or objectionable content, contains personal information of others, or is racially, sexually, religiously, or otherwise objectionable or offensive, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You may not use cheats, hacks, mods, exploits, or any other unauthorized third-party software designed to modify or interfere with the Service. You may not use the Service to harm anyone or to cause offence to or harass any person or disrupt the Service in a way that may negatively affect others’ ability to fully enjoy the Service.

  1. Information collection and use; Privacy policy

By installing, accessing or using the MELBOT STUDIOS S.L. Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.

MELBOT STUDIOS S.L. respects your privacy rights and recognizes the importance of protecting any information collected about you. MELBOT STUDIOS S.L.’s privacy policy is applicable to this EULA. MELBOT STUDIOS S.L.’s Privacy Policy defines how, why and to which extent MELBOT STUDIOS S.L. collects and uses personal and non-personal information in relation to MELBOT STUDIOS S.L.’s products and services. By installing, accessing or using the MELBOT STUDIOS S.L. Services you explicitly agree with the terms and conditions of MELBOT STUDIOS S.L.’s Privacy Policy and to any terms and conditions included therein by reference.

  1. Payments and purchases of virtual goods

MELBOT STUDIOS S.L. may license to you certain virtual goods to be used within MELBOT STUDIOS S.L. Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.

Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and MELBOT STUDIOS S.L. is not a party to the transaction.

MELBOT STUDIOS S.L. may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. MELBOT STUDIOS S.L. shall have no liability to you or any third party in the event that MELBOT STUDIOS S.L. exercises any such rights.

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT MELBOT STUDIOS S.L. IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.

  1. Warranty

6.1 Warranty for Physical software Products

MELBOT STUDIOS S.L. warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. If mandatory legislation in your jurisdiction requires longer in excess to the aforementioned 90 days, the length of the warranty is amended accordingly. If for any reason you find a defect in the physical storage medium during the warranty period, MELBOT STUDIOS S.L. agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by MELBOT STUDIOS S.L.. If the Software is no longer available, MELBOT STUDIOS S.L. retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the physical storage medium and the Software as originally provided by MELBOT STUDIOS S.L. and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the warranty period described above.

When returning the Software subject to the limited warranty above, please send the original Software only to the MELBOT STUDIOS S.L. address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.

6.2 No other Warranties

NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 6.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MELBOT STUDIOS S.L. SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. MELBOT STUDIOS S.L., MELBOT STUDIOS S.L.’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MELBOT STUDIOS S.L., MELBOT STUDIOS S.L.’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE MELBOT STUDIOS S.L. SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE MELBOT STUDIOS S.L. SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE MELBOT STUDIOS S.L. SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER MELBOT STUDIOS S.L. SERVICES OR THAT ANY ERRORS IN THE MELBOT STUDIOS S.L. SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY MELBOT STUDIOS S.L., MELBOT STUDIOS S.L.’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Limitations of liability

IN NO EVENT WILL MELBOT STUDIOS S.L., MELBOT STUDIOS S.L.’S AFFILIATES, MELBOT STUDIOS S.L.’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE MELBOT STUDIOS S.L. SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT MELBOT STUDIOS S.L., MELBOT STUDIOS S.L.’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, MELBOT STUDIOS S.L.’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL MELBOT STUDIOS S.L.’S, MELBOT STUDIOS S.L.’S AFFILIATES’, MELBOT STUDIOS S.L.’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE MELBOT STUDIOS S.L. SERVICES OR FIVE  EUROS (EUR 5), WHICHEVER LESS.

  1. Other terms and conditions

TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any MELBOT STUDIOS S.L. Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, MELBOT STUDIOS S.L. will be irreparably damaged, and therefore you agree that MELBOT STUDIOS S.L. shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.

AFFILIATE: For purposes of this EULA, an “affiliate” or MELBOT STUDIOS S.L. means any legal entity that is directly or indirectly controlled by MELBOT STUDIOS S.L. for so long as such control lasts.  Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.

INDEMNITY: You agree to indemnify, defend and hold MELBOT STUDIOS S.L., its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the MELBOT STUDIOS S.L. Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.

MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. MELBOT STUDIOS S.L. reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on MELBOT STUDIOS S.L.’s website. You will be deemed to have accepted such changes by continuing to use the MELBOT STUDIOS S.L. Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of Spain without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.

Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at MELBOT STUDIOS S.L.’s discretion. The arbitration shall be conducted in Valencia, Spain, in the Spanish language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MELBOT STUDIOS S.L. ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT info@melbot.es