Legal Notice

Legal notice Gauguin Canal Xperience/Legal note/General information

Welcome to Gauguin Canal Xperience: www.xperience.gauguincanal.com, a website and digital platform to see, listen and read, interact, collaborate, and consume content, in addition to enjoying professional services.

The use and access to the content of this page implies knowledge and acceptance of the terms and conditions of access and use included in this legal no

tice, together with our privacy and data protection policy. These terms and conditions cover access, navigation, and use, exposing the rights, uses, prohibitions, responsibilities, etc., by Users involved in browsing this website. Users agree to use the services and information provided by this Platform Website in good faith.

www.xperience.gauguincanal.com, through which the Platform Website is accessed, is a domain of Gauguincanal S.A.; the company that manages this page through the domain www.xperience.gauguincanal.com without affecting its right to do so, occasionally or permanently, through other domains that offer access to the content and services offered by the Platform Website www.xperience .gauguincanal.com

 

User access

Any person accessing or using the Platform Website is considered as a User. Initial access to the Platform Website is free. However, there may be uses or services subject to payment or fees established in the terms and conditions of each case.

If Users need to be registered to be able to benefit from certain uses or services, this registration will be carried out through personal information request forms that will be subject to the legislation on the protection of personal data exposed in this legal notice.

To use this site, minors must have the authorization of their parents or legal guardians, who are responsible for the use.

 

Gauguin Canal Xperience Terms of the Service’s Use Agreement

The Gauguin Canal Xperience Platform Website is offer for creating, operating, and experiencing mixed reality worlds. We offer you the opportunity to explore our Platform Website and join the community that contributes to its further growth.

These Terms of Service (also called “Terms of the Service’s Use Agreement”) is a binding agreement between Gauguincanal S.A. (“Gauguin Canal Xperience”) and you (“User”), regarding the use of the Gauguin Canal Xperience applications, including Gauguin Canal Xperience Film, Gauguin Canal Online, Gauguin Canal Xperience Event, Gauguin Canal Xperience Educational, Gauguin Canal Market Place, Gauguin Canal Xperience AI, Gauguin Canal Xperience AR, Gauguin Canal Xperience VR, and its associated documentation (the “Platform Website “). The use of the Platform website. constitutes the acceptance of the terms of this Agreement.

 

The license

It is hereby accepted that Gauguincanal S.A. is the unique  owner of the exclusive rights relating to all the content of the Website Platform, including the intellectual property, industrial property, marketing, and distribution rights. As sole and worldwide owner of the license of Gauguin Canal Xperience, Gauguincanal S.A. entitles you of a punctual, partial and non-exclusive use of the Website Platform, solely as part of your personal recreational use. The “collaborative images” that the platform generates through the User shall not be considered as the result of a creative activity of the User that would grant him intellectual property rights subject to commercial activities. You therefore hereby acknowledge that the images generated by the Platform are the exclusive property of Gauguincanal S.A. and that they are subject to all the limitations exposed in this Agreement. The use of the Gauguin Canal Xperience Platform Website is subject to the grant of rights and restrictions set forth in this Agreement.

 

The restrictions

By using the Platform Website of Gauguin Canal Xperience, you acknowledge being aware of and commit to respecting the Terms of the Service’s Use as well as the legislations applicable in wherever jurisdictions the Platform Website is being used. You are not permitted to sell, resell, rent, lease or exchange the content, physical objects, digital objects, images, audios, created or to be created, or any part thereof and/or the products of your use of the Platform website. You will not remove or alter any legal mention related to the ownership on the Platform website. You are not allowed to copy neither in whole nor in part, whatever content of the Platform website. You are neither allowed to bring changes or alterations whatever content of the Platform website. These prohibitions apply unless done in collaboration and previously approved and authorized by Gauguincanal S.A.

 

Intellectual property notices

The intellectual and industrial property rights belonging to the Platform Website www.xperience.gauguincanal.com are owned by Gauguincanal S.A. and include, among others, cover content, video, audio, texts, designs, photographs, databases, images and other graphic elements, source code, design, navigation structure and information, as well as any other creation protected by the law and applicable international treaties on intellectual property. Thus, the exercise of exploitation rights in any form and, specifically, the rights of reproduction, distribution, public communication and transformation is the exclusive competence of Gauguincanal S.A. Any use or reproduction that Users may make of this content, or any future content must comply with the Agreement and the limitations provided by the applicable legislation on intellectual property. In any case, and always with the express authorization of Gauguincanal S.A.

The names Gauguin Canal Xperience, Gauguin Canal Xperience Film, Gauguin Canal Xperience Online, Gauguin Canal Xperience Educational, as well as the logotypes and/or associated names of Gauguin Canal Xperience are commercial brands owned by Gauguincanal S.A. You commit to not using these brands for whatever commercial purposes unless prior written authorization was expressly granted by Gauguincanal S.A.

The Gauguin Canal Xperience Platform website, and all its copyrights, commercial rights, industrial property rights, and other intellectual property rights worldwide are the exclusive property of Gauguincanal S.A. Gauguin Canal Xperience reserves its rights relating to the content disseminated through the Platform Website not expressly granted to you in this Agreement. You acknowledge that Gauguincanal S.A. is the absolute owner of the exclusive rights of intellectual property, industrial property, marketing, and distribution and holds the worldwide license of Gauguin Canal Xperience. The right of Users to access the Platform Website shall not be interpreted as a waiver, transmission, license or implicit transfer, in totality or partially, of the rights owned by Gauguincanal S.A.

Under no circumstances is the following authorized:

– The use of a page of the Platform Website www.xperience.gauguincanal.com or any of its content, including through the use of any technique or process, including framing, in line, linking, etc., on any other third-party website, unless prior written authorization expressly granted by Gauguincanal S.A.

– The extraction of elements from the Platform Website to the detriment of Gauguin Canal Xperience in accordance with current regulations.

– The commercial use of the contents of the Platform Website www.xperience.gauguincanal.com

– The use of trademarks or distinctive signs, logos, color combinations, structures, designs, or in general distinctive symbols of any nature, which are the property of Gauguin Canal Xperience, unless prior written authorization expressly granted by Gauguincanal S.A.

– The use of content in illicit, illegal activities or activities contrary to good faith and public order.

– The dissemination of content or propaganda of either racist, xenophobic, pornographic, illegal nature or that violates human rights.

– Cause damage to the hardware or software systems of Gauguin Canal Xperience, its suppliers or third parties.

– Introduce or spread computer viruses or other hardware or software systems through the Internet that may cause the afore mentioned damage to the Platform website.

– Try to access or use email accounts owned by other Users; manipulate or modify their messages to the Platform website.

– Users can view the contents of Gauguin Canal Xperience Platform website, copy or print them using their computer or any other technology mean provided it is either for promotional use and purpose of the Gauguin Canal Xperience website or for personal and private use. Commercial or financial purposes are always prohibited unless prior written authorization expressly granted by Gauguincanal S.A.

 

Limitations of liability

Gauguincanal S.A. reserves the right to modify or eliminate content from the website as well as to limit or block access to the website, either temporarily or permanently, without prior notice. Gauguin Canal Xperience content is made available to Users through news generated by the company or third parties. Gauguin Canal Xperience will do its best efforts to offer quality and reasonably updated content to its Users. However, it does not guarantee its usefulness, accuracy. Relevance or opportunity. Gauguin Canal Users can contact Gauguin Canal Xperience to enquire about the accuracy and update of the contents by email at gcx@garra.com.es

Consequently, and without prejudice of applicable regulations, Gauguin Canal Xperience does not bear any responsibility to the User with respect to the existence of erroneous, inaccurate, incomplete, or irrelevant or outdated information.

Gauguincanal S.A. is not responsible for the technical access, information or content of other websites that propose links referring to the Platform Website: www.xperience.gauguincanal.com

Gauguin Canal Xperience does not necessarily share the opinions expressed by its collaborators.

The Gauguin Canal Xperience software provided is for use “as is” and no warranty, either express or implied, is provided. Use of the Gauguin Canal Xperience software is at your own risk. Gauguin Canal Xperience does not guarantee that (i) the Platform Website will meet your specific requirements; (ii) the Platform Website will be fully compatible with your particular operating system or other software; (iii) your use of the Platform Website will be uninterrupted, timely, secure and error-free; (iv) the results that may be obtained from the use of the Platform Website will be accurate or reliable; (v) the quality of any products, services, information or other material purchased or obtained through the Platform Website will meet your expectations; or (vi) any errors on the Platform Website will be corrected.

You understand and hereby agree that Gauguin Canal Xperience even in the event that Gauguin Canal Xperience would have been informed of the possibility of such damages) will not be bore responsible for any damage, be it direct or indirect, incidental, specific, including but not limited to any damage related to loss of benefices, good faith, use, data or any other intangible loss related to the software, including, for example: (i) the use of or inability to use the Platform website; (ii) the cost of acquiring substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Platform website; (v) or any other matter related to the Platform website.

 

 

Modification, Elimination or Discontinuation of the Platform website: Gauguin Canal Xperience

Gauguincanal S.A. reserves the right, at any time and from time to time, to modify, eliminate or discontinue, temporarily or permanently, the Gauguin Canal Xperience Platform Website (or any part thereof) with or without prior notice. Gauguin Canal Xperience will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform website.

Gauguin Canal Xperience reserves the right to deny or withdraw access to its websites and/or services offered without prior notice, at its own request or that of a third party, to Users who fail to complying with the Terms and conditions established in this legal notice.

 

Changes and access.

Gauguincanal S.A. reserves the right, at any time and from time to time, to suspend or terminate your access to the Gauguin Canal Xperience Platform Website for any or no reason.

You, the User, acknowledge and accept the possibility that changes may be brought unilaterally to this Agreement by Gauguincanal S.A. relating to Gauguin Canal Xperience. Gauguincanal S.A. reserves the right at any time and from time to time to revise, amend or modify this Agreement. If you do not agree to such changes, you must stop using the Platform Website and may notify us at gcx@garra.com.es

Gauguin Canal Xperience’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement constitutes the entire agreement between you and Gauguincanal S.A. for Gauguin Canal Xperience, and governs your use of the Platform website, superseding any prior agreements between you and Gauguin Canal Xperience (including, but not limited to, any prior versions of the Agreement).

You agree that this Agreement and your use of the Platform Website be governed by the laws of Panama, without giving effect to the principles, statutes, and jurisprudence of conflict of laws between Gauguincanal S.A. and you, the User.

 

Social Medias and Forums

The website www.xperience.gauguincanal.com allows access to social networks (Facebook, Twitter, etc.) and has sections of public nature, such as those accessible to all Users for interaction with the possibility of publishing comments, links , multimedia elements, images, etc.

These are the following terms and conditions of use and access relating to the content and interaction desired or carried out by our Users:

  1. Responsibilities: Gauguin Canal shall not be liable for the content of messages, information and viewpoints published by the Users. It reserves the right to block the access to either legal or illegal content, or to content that may violate third party rights. It can also remove and eliminate any published content, especially which content that does not comply with the present terms and conditions.
  2. We do grant any special rights to Users, who are subject to the applicable legislation, and more specifically as far as social media are concerned, to the specific conditions established by such social media.
  3. Intellectual Property: Gauguincanal S.A. is allowed to reproduce, modify, adapt and publish contents, including public communication, including texts, photos, graphics, etc., with the aim of promoting the section in which it is published, as well as for use in Gauguin Canal Xperience activities, in any format or in any supported format. The license is free and shall be exercised until Gauguin Canal Xperience be transferred to the public domain, as long as the intellectual property legislation is valid at all times. Users only can publish content from their original authors, or from those who post their previous titles, unless they have been assigned to publish the URL of the owner to include this content.
  4. Gauguin Canal Xperience shall not be obliged to send back to the User whatever content or material realized. It does not commit to respond to the User.
  5. Personal information relating to these functions and contents shall not be used for commercial and economic purposes except expressly consented and authorized by the owner. The User will confirm the accuracy of the information facilitated.
  6. The Users shall respect the viewpoints of the other Users or participants, abstaining from using an offensive or defamatory, racist or violent language, and whatever language that contravenes the law.
  7. No authorized or commercial messages shall be sent.
  8. Please note that personal information facilitated by Users can be viewed by any User or participant. If the personal information is of third parties, it is necessary to obtain their express legal consent.

Cookies policy

If you simply visit the Platform Website www.xperience.gauguincanal.com, it will not automatically record personal data that can be identified by its User. However, there is certain information that does not have any personal nature and that cannot be  identified with a specific User that can be collected on Gauguin Canal Xperience’s servers for the sole purpose of facilitating the User’s online experience and improving the functionality of the website. . This information is retrieved through files, known as “cookies”, and allows information to be recorded, such as, for example, the type of User’s Internet browser, its operating system, the IP address from which the User accesses the website, his preferences. Depending on the content available on the website, it may register passwords or produce batches more quickly. This information is exclusively for the private use of Gauguin Canal Xperience; We do not disclose or share this information with third parties.

In any case, you always have the option of configuring your browser to be notified of the receipt of cookies and impede its installation on your computer’s hard drive. By changing the settings of your browser, the User can accept or refuse all cookies and request to be notified in advance in case of installation.

This website uses cookies. We use cookies to personalize content and ads, provide social media features and analyze site traffic. We also share information while you use our site with our social media, advertising, and analytics partners with whom we collaborate. They can be combined with other data that is provided or collected from the User based on its use of the services.

Cookies are text messages that websites use so the User can use such websites more efficiently.

The law allows you to store cookies on your device if it is strictly necessary for the operation of this site. All other types of cookies must be allowed.

This website uses different types of cookies. On some occasions, the cookies that appear on our pages are provided by third-party services.

You can change or withdraw your consent to the Cookie Statement on our website at any time.

You can get more information about us and how to contact us, how we process personal data in our Privacy Policy.

Please note that when you contact us regarding your consent, we will need you to confirm your personal identification.

 

Event Waiver

I hereby assume all risks of participating in any/all activities associated with this event, including by way of example and not limited to, any risk that may arise from negligence or carelessness on the part of the persons or entities being released, of dangerous risks. or defective equipment or property owned, maintained or controlled by them, or due to their possible liability without fault. I certify that I understand that this activity has potential risks.

I hereby certify that I do not have any physical or mental illness that would prevent me from participating in a manner that is safe for myself or others. I am not under the influence of drugs or alcohol that impairs my ability to maintain safety awareness or endangers others. I acknowledge that this Waiver and Release of Liability Form will be used by the organizers of the activity in which I participate and that it will govern my actions and responsibilities in such activity. I agree that all authorized personnel or agents may, in their sole discretion, determine that it is unsafe for me or others to continue my participation, remove me from the premises by any lawful means.

I hereby take action for myself as follows:

(a) I waive, release and release all liability, including, but not limited to, liability arising from the negligence or fault of the released entities or persons, for my death, disability, personal injury, property damage, theft of property . , or actions of any kind that may occur to me in the future, the following entities or people: The directors, officers, employees, volunteers, representatives and agents of each and every one of the entities that authorize this activity;

(b) Indemnify, hold harmless and promise not to sue the entities or persons mentioned in this paragraph for any and all liabilities or claims made as a result of participation in this activity, whether caused by negligent release or otherwise .

I acknowledge that the directors, officers, employees, volunteers, representatives and agents of any authorizing entity are not responsible for the errors, omissions, acts or failures to act of any party or entity performing a specific activity on its behalf. The undersigned further acknowledges that he has inspected the facilities, equipment and areas to be used for the Event and participates voluntarily despite the risk of falls, contact and/or collisions with other participants, defective equipment, the state of the room. and any danger that spectators or volunteers may pose. I hereby give my consent to receive such medical treatment as may be deemed advisable in the event of injury, accident and/or illness during this activity.

I acknowledge that the Virtual Reality glasses device used during the event is in good working condition and that during my time in the experience I am responsible for its care and use. I will return the device in good functional condition at the end of the experience. If the device is stolen OR damaged, I will notify the staff immediately. And me (the User) will be responsible for the full cost of $2,500 for the damaged or stolen Device.

I hereby grant permission to Gauguincanal S.A. to use my image in a photograph and/or video in any and all of your publications, including, but not limited to, all Gauguin Canal Xperience print and digital publications. I acknowledge that since my participation in Gauguin Canal Xperience is voluntary, I will not receive any financial compensation.

I hereby grant permission to Gauguincanal S.A. to use the image created by Artificial Intelligence or any other means, in which you have participated or intervened, during the use of the Gauguin Canal Xperience Platform website. I also grant and assign the use of any digital image and/or video in each and every one of its publications, including, but not limited to, distribution in all print and digital publications of Gauguin Canal Xperience. I acknowledge that since my collaborative participation in Gauguin Canal Xperience is voluntary, I will not receive any financial compensation for said participation or contribution.

I hereby authorize Gauguincanal S.A. to edit, alter, copy, display, publish or distribute these photos and/or videos for the purpose of advertising, marketing or donating the activities of Gauguin Canal Xperience or for any other related legal purpose.

The Release and Release of Liability Form will be construed broadly to provide a release and release to the maximum extent permitted by applicable law.

 

General points and term.

Gauguincanal S.A. will pursue violations of these Terms and Conditions, as well as any improper use of its websites with all civil or criminal actions that the law attributes to them.

Gauguincanal S.A. does not guarantee that its website or server is free of viruses, so the company is not responsible for any damages caused by these kinds of anomalies or any other technical anomalies.

Gauguincanal S.A advises Users to read the legal notice each time they access the Plataform Website: www.xperience.gauguincanal.com

The term of this Agreement will continue while you use the Gauguin Canal Xperience Website Platform Website or any part thereof, but in no event will it exceed ten (10) years (“Term”) from the Effective Date. Additionally, certain provisions of this Agreement relating to indemnification and limitations of liability will survive for a period of five (5) years after the Term. The provisions relating to intellectual property and industrial property will survive indefinitely.

For any questions, please send any questions about this Agreement to gcx@garra.com.es