Parties

On the one side, the Owner: CNLSTUDIO, contact email info@cnlstudio.dev, owner of the website manolocfg.cnlstudio.dev and of the associated Discord server (hereinafter, the “Owner”).

On the other side, the User: the person identified by their Discord username (nick), who accesses the Owner’s Discord server and the website manolocfg.cnlstudio.dev (hereinafter, the “User”).

Both parties acknowledge that they have the legal capacity needed to bind themselves, on the terms of the fifth clause as regards minors, and agree as follows.

Recitals

1. The Owner is the author and holder of the exploitation rights in the digital content (skins, files and digital documents) it offers in restricted-access channels of its Discord server (hereinafter, the “Special Channels”).
2. Access to the Special Channels is granted to those who keep an active Twitch subscription linked to the Discord server, or a Discord Nitro boost on that server.
3. The User wishes to access that content and, to do so, accepts the undertaking not to share or distribute it set out in this document.

Purpose and intellectual property

First. Purpose. The User undertakes not to share, distribute or resell the content of the Special Channels without the Owner’s prior, express and written authorisation. This undertaking is a condition for accessing them.

Second. The Owner’s rights.

• The content of the Special Channels consists of works protected by Royal Legislative Decree 1/1996, the Spanish Intellectual Property Act (TRLPI). The Owner holds, exclusively, the rights of reproduction, distribution, public communication and transformation (art. 17 TRLPI).
• Access does not involve any assignment, exploitation licence or transfer of any right. Only a personal, non-exclusive, non-transferable and revocable licence for private, non-commercial use is granted while access lasts.
• If any file includes third-party elements (for example, from video games or platforms), those rights remain with their owners and the User will respect their licences.

The User’s obligations

Third. Non-distribution undertaking. While they have access, and also after it ends, the User undertakes:

• Not to share, publish or forward content from the Special Channels, in whole or in part, on other servers, groups, social networks, forums, websites or file-sharing platforms.
• Not to leak the content or give third parties access to it, whether through files, links, screenshots, recordings, invitations or credentials.
• Not to resell, assign, rent out, sublicense or commercially exploit the content, present it as their own, or modify it to hide its origin.
• Not to circumvent the access measures or use bots or mass-download programs.
• To keep their account safe and notify the Owner if they detect a leak or unauthorised use.

The User may use the content for their own private use. This is without prejudice to the mandatory legal limits set by the TRLPI.

Access, age and legal capacity

Fourth. Access conditions. Access lasts as long as there is an active Twitch subscription linked to Discord or an active Discord Nitro boost on the server. If either of them ends, the Owner may withdraw access. Payments are handled by Twitch and Discord under their own terms; the Owner does not charge the User directly or handle refunds through those channels. All of this is without prejudice to the rights the law grants the User against each platform.

Fifth. Age and legal capacity.

• Adults: the User declares that they are at least 18 years old.
• Under 18s: they may only accept this undertaking if their mother, father, guardian or legal representative has authorised the access and also accepts it. This is required by the limits on minors’ capacity to enter into contracts (arts. 1263 and 1302 of the Spanish Civil Code). These representatives take on the liability that the law assigns them for the acts of the minor in their care (art. 1903 of the Spanish Civil Code).

Breach and consequences

Sixth. Immediate measures. If the User breaches the third clause, the Owner may, without prior notice:

• Expel them from the Discord server and ban them permanently, and close their access to the website.
• End their access without the Owner refunding any amount.
• Report to Discord the User’s account that published the content and, if any, the community or server where it was published, for breaching Discord’s terms of service and the Owner’s copyright, providing the evidence it has.
• Ask the platform or website where the content was shared to remove it.

The User may send their arguments to info@cnlstudio.dev, and the Owner will consider them.

Seventh. Reservation of actions. The above measures do not prevent the Owner from demanding that the infringement stop and claiming compensation for damages (arts. 138 et seq. of the TRLPI and art. 1101 of the Spanish Civil Code). It may also bring criminal proceedings where appropriate (arts. 270 et seq. of the Spanish Criminal Code).

The User is informed that the Owner may keep server logs and screenshots as evidence. The Owner may add watermarks or individual identifiers to the files to trace leaks.

Data protection and duration

Eighth. Personal data.

• Controller: the Owner (details in the “Parties” section). Contact: info@cnlstudio.dev.
• Data processed: Discord nick and ID, subscription or boost data provided by Twitch and Discord, and the record of acceptance.
• Purposes and legal basis: managing access (performance of the contract, art. 6.1.b GDPR) and checking acceptance, preventing and pursuing leaks and defending the Owner’s copyright (legitimate interest, art. 6.1.f GDPR).
• Recipients: Discord and Twitch, as platforms, and Discord in the case of a report under the sixth clause. Also courts, tribunals and authorities where the law requires it.
• Retention: while the relationship lasts and, afterwards, blocked for the limitation period of any possible actions.
• Rights: access, rectification, erasure, objection, restriction and portability, by writing to info@cnlstudio.dev. The User may lodge a complaint with the Spanish Data Protection Agency (www.aepd.es).
• Under 14s: processing their data requires the consent of their legal representatives (art. 7 LOPDGDD).

Ninth. Duration. The undertaking applies from its acceptance. The obligations of the third clause remain in force after access ends, as long as the Owner has not made the content freely available to the public.

Governing law, jurisdiction and acceptance

Tenth. Governing law. This undertaking is governed by Spanish law: the Civil Code, the TRLPI, Law 34/2002 (LSSI-CE), the GDPR and Organic Law 3/2018 (LOPDGDD) and, where the User is a consumer, Royal Legislative Decree 1/2007 (General Law for the Protection of Consumers and Users). If any clause were void, the rest remains in force.

Eleventh. Electronic acceptance. The User accepts this undertaking by ticking the corresponding box on the website manolocfg.cnlstudio.dev before accessing the Special Channels. The text will be available on the website before accepting and can be downloaded or saved. The Owner will keep the record of acceptance. Contracts entered into electronically have full legal effect (art. 23 LSSI-CE).