1. General Information
Browsing the webpage www.cosmosquest.net (the “Website”) and use of the applications offered by GaiaByte, S.L. (“GaiaByte”) is governed by the provisions of the following Terms and Conditions of Use, which you must read and accept.
2. Information about GaiaByte
Under the provisions of Article 10 of Law 34/2002, from July 11, on Information Society Services and Electronic Commerce, GaiaByte informs all of its Website users of the following legal aspects:
Website Manager: GaiaByte, S.L.
Business address: C/ Corsega, nº 168, At 2º, 08036, Barcelona (Spain).
Tax information (Tax ID #) B66941295
Registration information: Commercial Register of Barcelona, Volume 45768, Section 8, page 498326.
Contact Telephone: +34 622 442 422
Contact E-mail: info at gaiabyte.com
3. Acceptance and Availability of the Terms and Conditions of Use
3.1. Notwithstanding certain circumstances requiring your express acceptance of these Terms and Conditions of Use, browsing and use of the services and content hosted on this Website implies that you accept the latest version of the Terms and Conditions of Use published by GaiaByte on the Website. For your convenience, this document can be printed and stored.
3.2. We recommend you review these Terms and Conditions of Use each time you connect to our Website. GaiaByte may change the appearance, layout and content of the Website, as well as the conditions required for its use so that it can be adapted to new legal requirements or new Website features. In all instances, we will notify you each time we substantially modify our Terms and Conditions of Use so you are aware of the current version at all times.
3.3. Furthermore, the Special Conditions provided in each instance shall govern the acquisition of any goods, products or services on the Website.
3.4. GaiaByte may deny or withdraw access to the Website at anytime and without prior notice for any users who violate the provisions of these Terms and Conditions of Use, or of any law, custom or public policy.
3.5. By accepting these Terms and Conditions of Use, you confirm:
(i) You are older than 14 years of age (if you are under the age of 14 you must not use or browse on the Website, save on those occasions properly notified by GaiaByte where the participation of minors under the age of 14 in certain activities or promotions is expressly permitted).
(ii) You have read and accepted these Terms and Conditions of Use.
3.6. We provide you with the FAQ forum and the e-mail address info at gaiabyte.com so you may voice any question or concern about these Terms and Conditions of Use.
4. Paid Services and Content of GaiaByte Applications on Third-Party Pages
4.1. Some services and content of applications developed by GaiaByte on webpages administered by our partners (for example, Facebook) are paid services. Billing for these services or content, as well as support and customer service thereof, will always be conducted by our partners and not GaiaByte.
If you contract these services or content, you may have to accept the contracting terms and conditions proposed by this partner’s billing service provider, including its pricing policy and payment system. Thus, we link you to the payment conditions of our principal partners below:
You may identify the billing service provider during the service or content acquisition process.
4.2. Additionally, should you be asked to do so, you must accept the General Terms and Conditions of the Games developed by GaiaByte.
5. Use of Passwords
5.1. To access certain Website content and pages (for example, the forum hosted in the “Community” section), you must choose a user name and password that you must enter in the corresponding Website section in order to start a session as a registered user on the Website.
5.2. We are not responsible for any misuse of passwords on your part. It is your responsibility to protect your logins and passwords provided for access as a registered user properly and to prevent unauthorized use or access by third parties.
5.3. If you lose or suspect you have lost your password, you must change it to a new password as soon as possible, or if you are unable, contact us immediately so we may respond appropriately.
6. GaiaByte Blog and Forum Policy
6.1. By participating in the GaiaByte blog and forum on the Website, you are solely responsible for the messages you publish thereon. GaiaByte is not responsible for any claim that may arise from any comment you may have published on the Website.
6.2. In order to maintain a user-friendly environment for all users, we have created this blog and forum policy, which you must observe and obey if you wish to participate. We reserve the right to modify the policy at any time. If we modify this GaiaByte blog and/or forum policy, we will properly notify you.
6.3. We have the right to publish the comments you send, even though we have no obligation to do so. We reserve the right not to publish or to delete comments that:
(i) Are defamatory, injurious, false, deceitful, unfounded or unproven; insulting, threatening or vulgar, obscene, sexually explicit, racist, provocative, sexist, homophobic or discriminatory or censurable for any reason. This also applies to words that include asterisks in the place of some letters. By publishing your comments, you must be aware of the international nature of GaiaByte’s blog and forum and attempt to avoid expressions or topics that may provoke misunderstandings or be offensive to other cultures.
(ii) Are considered unrelated to the topic of the blog, forum and/or the discussions held thereon.
(iii) Include contact information and/or personal information such as, for example, telephone numbers, postal or e-mail addresses, bank accounts, or other information.
(iv) Promote products or services for profit and/or other commercial purposes.
(v) May be considered to be using an electronic messaging system to send spam.
(vi) Are in any way illegal and/or justify or promote illegal activity or do not fully comply with the provisions of these Terms and Conditions of Use or the provisions of any other GaiaByte Website policy of use.
(vii) Directly or indirectly violate any GaiaByte or third-party rights, including the violation of industrial and intellectual property rights, trade secrets, and know-how, as well as the right to honor, privacy and one’s own image.
(viii) Seek to supplant the identity of another user or seek to impersonate other persons (fake accounts).
(ix) Include links to other webpages and/or come from a user name whose content violates this policy and/or any other policy referring to the blog, forum or Website.
6.4. You must respect all other users at all times. You must be tolerant and respectful of other users’ messages and opinions. Messages considered a violation of third-party rights or that disrupt the peaceful operation of the blog and/or forum may be deleted.
6.5. GaiaByte may reproduce, modify, or disseminate messages published on the blog and/or the forum under the terms and by the means it deems most appropriate with no obligation to compensate you in any way.
6.6. We are in no way responsible for what is published on the blog and on the forum, nor do we guarantee the truthfulness or accuracy of any information published thereon. The poster of any messages or information is responsible for their content.
6.7. We do not guarantee the availability or continuity of the blog and/or forum, and we can modify, suspend or delete it without prior notice at any time.
6.8. If you believe you are being affected by illegal acts or acts violating this policy, or if you detect misuse of the blog and/or forum by other users, you may bring it to GaiaByte’s attention by e-mail to info at gaiabyte.com, stating in the subject line “blog moderation” so that we can respond appropriately.
6.9. In all instances, you must hold us harmless from and against any complaint brought by another user for messages you may have published on the blog and/or forum, or any other conduct related to or arising from the use of the blog and/or forum.
7. User Responsibilities
7.1. You must use services correctly, and therefore you must not use them in bad faith for any act prohibited by law or rejected by business practices. Under these Terms and Conditions of Use, we have the authority to notify the competent authorities of these circumstances and suspend or restrict your access to the Website from the moment we have reliable knowledge of any act or illegal usage in general. You are solely responsible for any claim or legal, judicial or extrajudicial action brought by third parties injured by your acts before courts or other bodies, and you bear all the expenses, costs and indemnifications that, where applicable, we must incur should the claim be directed at GaiaByte. Moreover, we will cooperate and notify the competent authorities of these incidents as soon as we have reliable knowledge that the damages caused constitute any kind of illegal activity, especially with regard to content introduced by users that may violate rights or legitimate interests of GaiaByte or third parties.
7.2. In accordance with the foregoing, you are responsible for performing any and all acts that may be required of you with due diligence. In particular, you must be diligent with regard to truthful and up-to-date personal information, principally the e-mail provided by you as a primary means of contact with us.
7.3. You are in no way authorized nor should you use the Website to: (i) publish, upload, send by e-mail or in any other way transmit vulgar, defamatory or obscene material that may bother, upset or disturb any other person and/or violate their rights or prevent their use and enjoyment of the Website; (ii) publish, upload, send by e-mail or in any other way transmit unsolicited or unauthorized materials, promotions or advertisements, junk mail, spam, chain letters, pyramid schemes or any other kind of offer or commercial exploitation; (iii) create an electronic data base or data base of any other nature containing material downloaded or in any other way obtained from the Website; (iv) transmit or retransmit to a third party any material obtained from the Website in violation of the rules of use governing GaiaByte’s intellectual property published on the Website; (v) obtain or in any other way attempt to obtain material, documents or information from the Website not found on the Website with automatic devices such as, for example, deep-links (e), page-scrapes, robots, spiders or other similar devices; (vi) access, copy or monitor any part of the Website, or reproduce or in any way circumvent the browsing structure of the Website or any content; (vii) upload or transmit any material containing malware (viruses) or any other code, file or computer program designed to interrupt, restrict, destroy, limit the operation or in any way compromise the integrity of any software or hardware or telecommunications equipment. GaiaByte reserves the right to prohibit any activity or material of this nature; or (viii) use any part of the Website in any way to link to an internal or secondary page of the Website located at one or various levels below the start page, or (ix) to display any Website Content, as this term is defined below, on another web page (framing).
8. Use of Service and Responsibilities
8.1. We are not responsible for the content of links to other webpages not owned by us, and whose content we therefore cannot control.
8.2. We are not be responsible for errors, delays in access, system delays or any other irregularity that may arise related to network problems of a general nature, acts of God or force majeure or any other totally unforeseeable contingency and therefore beyond the good faith of the company. We agree to attempt to resolve these incidents by providing all the means at our disposal and offering all the necessary support you may need to solve them as fast and as satisfactorily as possible. Moreover, we will not be responsible for any failures that for these reasons may arise in communications, erasure or incomplete transitions, and we do not guarantee that the Website will be in operation at all times.
8.3. We will not be responsible under any circumstances for errors or damages caused by inefficient use or use in bad faith of the Website. We are also not responsible for the consequences caused by any lack of communication we may have with you where, for example, such lack of communication is attributable to malfunction of the e-mail address or inaccuracy of the information you provided to us.
8.4. We assume the responsibilities that may arise from providing the services offered on the Website, as stated in these Terms and Conditions of Use.
9. Liability for Damages
9.1. You are liable for violating any of the obligations to which you are subject under these Terms and Conditions of Use or any law related to use of the Website.
9.2. We cannot guarantee the availability and continued operation of the Website. Where reasonably possible, we will notify you of interruptions in Website operation. We assume no liability for damages of any kind that may arise due to lack of availability or continued operation of the Website.
9.3. We have no obligation to monitor how you use the Website. In particular, we do not guarantee that you or other Website users will use the Website in accordance with these Terms and Conditions of Use or that you will do so diligently. Neither do we have an obligation to verify your identity, nor the truthfulness, validity, completeness and/or authenticity of the information provided by you. In any event, note that we keep all data and information that current law requires of us.
9.4. We reserve the right to deny use of the Website and to remove information, data and published content of any users who violate these Terms and Conditions of Use at any time without prior notice.
9.5. By maintaining this Website, we seek to enhance public access to information, news, products and events related to GaiaByte. We strive to provide proper and correct Website content at all times and will attempt to correct any error or irregularity as soon as possible. Nevertheless, we do not assume any kind of obligation or liability with regard to the accuracy of the content published on the Website.
We reserve the right to update or delete any Website content, as well as limit or deny access to any user on a temporary or permanent basis. This notwithstanding, this disclaimer of liability does not intend to limit our liability for violation of any obligations imposed by applicable national law nor does is exclude our liability in matters where it cannot be excluded under said law.
10. Industrial and Intellectual Property
10.1. The texts, images, logos, distinct marks, sounds, animations, videogames, videos, source code and other content provided by GaiaByte on its Website are subject to industrial and intellectual property rights and are the exclusive property of BaiaByte, or of the individuals or legal entities stated. By acquiring a product or service, GaiaByte does not grant the acquiring party any right of alteration, use, reproduction, distribution or public display thereof and reserves all of these rights. Assignment of the above rights shall require the prior written consent of the owner, such that the client may not provide this content to third parties.
10.2. All content of this Website is protected by industrial and intellectual property rights belonging or licensed to GaiaByte. “Content” means any rights recognized by applicable industrial and intellectual property law for any purposes and for use of any kind, including, but not limited to, copyrights, rights similar or related to copyrights or sui generis rights on data bases, patents, utility models, industrial models and drawings, designs, commercial brands and names, also including domain names and social profiles, trade secrets and know-how, regardless of whether they have been registered, including in all instances the authority to request the relevant records and registration information for the purposes of obtaining or protecting these rights.
10.3. You may access the Website, even though you are not authorized to reproduce, distribute, transform or make the Content public. Specifically, it is illegal to publish the Content, in whole or in part, for commercial purposes or for the purpose of its redistribution or dissemination, regardless of how it is displayed, beyond the accepted limits granted by the right to information and/or freedom of expression.
10.4. Use of the Content for non-commercial purposes shall be subject to the following conditions:
(i) Use of the Content may not suggest any kind of sponsorship or support on the part of GaiaByte, nor association with us. Thus, the Content may not be used anywhere as a primary component or in a predominant manner.
(ii) The Content must be used in its original format with no modification. Any modification in the appearance of the Content is prohibited.
(iii) You agree not to include Content on webpages or other places related to pornography, gambling and betting, illegal activities or any other activity that may negatively affect GaiaByte’s reputation.
10.5. We reserve the right to modify, suspend, cancel or restrict the Content of the Website, and the links or information obtained on the Website without prior notice. We assume no liability for any misuse of the Website on your part, whether misuse of information or services in the Website Content.
10.6. Under no circumstances will GaiaByte, its subsidiaries and/or work centers, its directors and/or attorneys, employees and, in general, authorized personnel be liable for any injuries, losses, claims or expenses of any kind, whether arising directly or indirectly from the use and/or dissemination of the Website or the content or information hosted thereon or accessed thereby or thereon, or from computer viruses, malfunctions or interruptions in service or transmission or line failures when using the Website, whether by direct connection, link or any other means, constituting for all legal purposes a notice to any user that these possibilities and events can occur.
10.7. Intellectual property rights and third-party brands may be conveniently displayed, and they must be respected by anyone who accesses this page. We are not responsible for use made in this regard by any user, who shall be solely responsible.
10.8. In those instances where it is permitted, the uploading of Content to the Website implies granting to GaiaByte a worldwide, transferable, royalty-free and non-exclusive license to the uploaded Content for its reproduction, distribution, transformation and public display on the Website or any other media, formats or channels.
10.9. We will not accept or consider any idea, original creative work, suggestion or any other unsolicited work, including, but not limited to, ideas for new advertisements, campaigns, new promotions, technologies or new or improved products, processes, materials, marketing plans, or names of new products sent to GaiaByte or its employees on the Website by e-mail or in any other way. The sole purpose of this general policy is to avoid potential conflicts or misunderstandings in those instances where GaiaByte products or marketing strategies may apparently be similar to ideas submitted. Any unsolicited material sent to GaiaByte will be automatically destroyed without prior access thereto.
11. Responsibility for Links
11.1. We are not responsible for third-party webpages you may access using links embedded on the Website or any other information or content provided to you by third parties. Any use of a link or access to a third-party webpage is at your sole discretion and risk. We do not recommend or guarantee any information or content you may find on webpages linked to the Website, nor are we responsible for any loss, claim or injury arising from the use or misuse of a link, or from information obtained therefrom, including other links or webpages, from any interruption in service or access, or from any attempted use or misuse of a link, whether by connecting to the Website or accessing information of other webpages from the Website.
11.2. Accordingly, we are not responsible nor do we assume any liability for damages that may be related to the operation, availability and continuity of linked third-party webpages.
12. Invalidity and Severability of Clauses
If any clause included in these Terms and Conditions of Use is declared, in whole or in part, illegal or unenforceable, only the illegal or unenforceable provision, or part thereof, shall be affected, leaving the other Terms and Conditions of Use in full force and effect and severing the affected provision or part thereof.
13. Governing Law and Competent Jurisdiction
The GaiaByte Website and these Terms and Conditions of Use are governed by Spanish law. Any dispute arising from these Terms and Conditions of Use or any claim related to the Content and services of the Website shall be resolved by the judges and courts of Barcelona (Spain), and you expressly waive your own forum or any other that may apply to you.