1. Web Site Property
(i) Owner of this www.xvidupdate.com: TUGUU, S.L.U.
(ii) Address: Bentinerfe Street nº 57
Pol. Ind. La Atalaya - Barranco de las Torres
38670 Adeje - Santa Cruz de Tenerife - Spain
(iii) Spanish ID Number: B76539535
2. About www.xvidupdate.com
2.1 www.xvidupdate.com (henceforth referred to as the WEB SITE) aims to facilitate useful information relative to the download and use of the IT application named "MPlayer."
2.2 MPlayer is software that allows the reproduction of audiovisual content owned by the user, under different formats. The technical information and instructions for use are available through the WEB SITE.
2.3 The use of the WEB SITE and/or the download of the application MPlayer imply the express and full acceptance of the conditions given here, in addition to the individual conditions and technical specifications that in each case are included in the corresponding section of the WEB SITE.
2.4 Access to the WEB SITE, directly or through any domain name that redirects to it, confers to the visitor the conditions of the user and requires the acceptance of all of the conditions described in this document. The use of the expression "user" is merely nominal and does not entail the attribution of the legal status of the user, to the effects of that foreseen in the Royal Legislative Decree 1/2007, of November 16th, by that which is approved the included text of the General Law for the Defense of Consumers and User and other complementary laws.
3. Age of use
3.1 Access to the WEB SITE is directed at those older than 18 years of age.
3.2 In order to make use of the Services, minors and those older than SIXTEEN (16) should obtain prior permission for their parents, guardians, or legal representatives, who will be considered responsible of all of the acts done by the minors in their care.
3.3 The products and services offered through the WEB SITE are not directed toward those younger than FOURTEEN (14) years, so that in no case will TUGUU have dealings with personal information of people younger than this age.
4. Download, Installatioin, and Performance
4.1 In order to be able to use the MPlayer application, the user should download the installation file from the link given on the WEB SITE.
4.2 The download of the application is totally free.
4.3 In order to be able to download and install the application, the user needs a computer and an Internet connection. The related costs of the acquisition of the computer and the contract for the Internet connection are not included in the described prices in the present legal conditions.
4.4 The installation process of the application will be the following:
(i) The user should select the "download" option that is available through the home page of the WEB SITE. This action will start the download of a file that includes the application installer.
(ii) Depending on the configuration of your browser, this may ask for your authorization in order to initiate the file download.
(iii) Once the file is totally downloaded (this operation can take a few seconds or even minutes, depending on the connection), the user should double click on the file to start installation.
(iv) The downloaded file will install the application on the user's computer. To use the application on other computers, the user should repeat the process on each one of those computers.
(v) It is possible that during the installation process the application will show related commercial information from advertisers and collaborators of TUGUU.
(vi) Once the application is installed, the user should run it to be able to view multimedia files, in the formats supported by MPlayer.
4.5 The application will only allow the reproduction of the multimedia formats supported in each moment by MPlayer, who reserves the right to modify said formats in the future.
4.6 One of the main characteristics of MPlayer is the publication of promotional content together with the reproduced audiovisual materials in the application; being a free application, TUGUU will publish, eventually, commercial information from advertisers and collaborators, with the purpose of obtaining revenue with which to finance maintenance and application evolution. It is not possible to run MPlayer without the publicity module. If the user is not in agreement with the publication of promotional content, he or she should not install or run the application.
4.7 Promotional content published in MPlayer are served by companies carefully selected by TUGUU, who lacks control over said content. TUGUU will look over the quality and legality of the published content shown in MPlayer, but does not assume any responsibility for its publication. The user should communicate with TUGUU immediately about the existence of inappropriate content or content that is illegal, immoral, or bad practice, so that TUGUU adopts the necessary measures.
4.8 In some cases, MPlayer will offer the user some improvements for his or her computer, such as, and not limited to, modifying the default search engine, the home page, or the receiving of third party offers.
5. Intelectual Property
5.1 TUGUU counts on the rights of intellectual and industrial property necessary for commercializing and running the application MPlayer in the form described in these conditions.
5.2 TUGUU grants the user a non-exclusive, non-transferable license of use of the application MPlayer, limited to the viewing of multimedia content in the supported formats of said application. This license cannot be interpreted as a transfer or transmission of the usage rights of the application.
5.3 In particular, this license does not authorize the user to:
(i) Modify, publish, or copy any of the published materials.
(ii) Use the published contents for commercial use or non-commercial use or for any other means contrary to law, morality, or good customs, or to harm the rights and interests of the holders of that content or of other users of the application.
(iii) Recompile or access, in any way, including through inverse engineering, the source code of the application.
(iv) Eliminate the references of ownership of intellectual or industrial property rights.
6.1 TUGUU offers the users the possibility of downloading, installing, and running the application MPlayer in the state in which it is available at any given moment. In the case that TUGUU launches new versions of the application, the users will be able to access said updates or install the application again.
6.2 TUGUU does not offer any guarantee of the correct functioning of the application on the user's computer. In no situation will TUGUU indemnify the user for damages, harm, or problems related to functionality-or not-with the installation of the application.
6.3 TUGUU does not offer access to multimedia content other than the advertisements that will be published in the application during its use. The USER is the only responsible party for the legality and integrity of the content seen through the application. He or she is committed to using the application in an adequate manner and in accordance with the present conditions and the legislation in force.
6.4 The application has been designed, developed, and distributed with the intention that users only view appropriate content. The viewing of content that infringes on third-party intellectual property rights or that violates any other norm is expressly prohibited.
6.5 Non-compliance of the described norms in these conditions entails the immediate resolution of this license and the obligation of the user to cease the use of the application, as well as uninstalling it from his or her computer.
7. Protection of Personal Information
7.1 In compliance with that established in the Constitutional Law 15/1999 of the 13th of December, of the Protection of Personal Information, in the case that a user provides TUGUU with his or her personal information, for any reason, he or she demonstrates his or her express consent for the processing of his or her personal information which will form part of a file ownership of TUGUU with the means of managing relations with the users, as well as to keep himself or herself informed about the changes, products, offers, and services of TUGUU, by any means.
7.2 Users should provide TUGUU with real, current, and relevant information and should save in a confidential manner any access key provided by TUGUU. In the case that any of the facts given by the user to TUGUU are seen as modified subsequently, the user will be responsible for providing TUGUU an updated version of said fact as quickly as possible.
7.3 Users will be able to exercise their rights of access, rectification, cancellation, and opposition at any time by means of the sending of a written form of communication, attaching a copy of the DNI or equivalent documentation to the postal address indicated above or also through email at the following email address firstname.lastname@example.org clearly indicating the right that he or she wishes to exercise.
7.4 TUGUU has implemented the security measures of technical and organizational character that are considered appropriate and sufficient for guaranteeing the security of personal information as well as to guarantee the secrecy and confidentiality of the information.
7.5 CUENTIS will be able to install storage and data recuperation slides, also called cookies, in the user's computer with the intention of learning information about the visitors to the web site; in no means will it deal with personal information through this mechanism. Its browser, on occasion, can generate an instant message which will welcome the possibility of visitors to the site to be opposed to the installation of the stated slides.
7.6 In the case of opposing the installation of cookies, web browsing will not be affected in any way.
8. Applicable Legislation
8.1 TUGUU is a Spanish company and is subject to Spanish law. In that which is not outlined in the present conditions, as well as in the interpretation and resolution of conflicts that could emerge between parties, it will be under Spanish legislation.
8.2 The parties, with resignation in the case to the jurisdiction that turns out to be competent, agree to surrender any litigation or related controversy to the acceptation of these conditions, their compliance, non-compliance, or interpretation to the knowledge of the courts and tribunals of the city of Santa Cruz de Tenerife.