Terms and Conditions

This legal notice regulates the terms and conditions of use and the privacy policy of the website www.esportics.com, which is responsible Talent Culture SLU (Hereinafter eSportics), with at Calle Cova Simanya, 35C, Matadepera, Barcelona. Email info@esportics.com
The use of the website attributes the condition of user thereof (hereinafter, “the User”) and implies full and unreserved acceptance of all and each of the provisions in these Terms and Conditions, published, by eSportics at the time in which the user accesses the web. Consequently, the user is encouraged periodic reading of them, as they may be subject to change to adapt to new legislation and jurisprudence, the fact that he was previously informed.

The User agrees to use the Website, Services, Content and these Terms in accordance with the law, morals, good customs and public order. Agrees to use the Portal, the Services and the Content in a diligent, proper and lawful.

1. Description of Service

eSportics is a management tool in the cloud that makes it easier for tournament organizers and coaches, combined with a sports social network. You can create and manage competitions, sports teams, share information …

2. Minimum Age for User.

The use of services offered in eSportics requires that the user has completed at least 14 (fourteen) years old.

Under no circumstances and under no exemption shall be allowed to participate in any of the services offered by eSportics to children under 14 years, not even using the account of a registered correctly (over 14 years) User, except with express authorization of their parents or guardians, which must be submitted, along with a photocopy of their ID.

3. free and paid for services rendered character on the web

ESportics the services available to users are free of charge except for a Premium Accounts in which the user will have to pay the amount to enjoy them. eSportics reserves the right to modify the rates of service if necessary which would be duly communicated to those users who would affect the exchange rate.

4. Registration

To participate in the community eSportics required registration as a user of the page, so ask for email, password, full name. You can then include more data profile option, where you can voluntarily include the phone, people, popular sports, among others.

The user is solely responsible for the information contained in your personal profile and the veracity of it.

Obviously, eSportics can not control this information thoroughly. However, if eSportics becomes aware that the user is breaking the current legislation by eg identity theft, it will immediately cancel your account.

5. Using the services offered by eSportics.

The User agrees to use the services offered by eSportics in accordance with the law, these General Terms, Conditions that could realize, if, for certain services and other notices, and instructions to his knowledge, and as morality and generally accepted good customs and public order.

The user is solely responsible for the information contained in your personal profile and personal information provided through the various media with other users who are provided on the web, must be aware of the possibility of viewing the same by third parties.

The User shall not use any of the services offered by eSportics illegal purposes, or impair the rights and interests of other users, third, or eSportics responsible for www.esportics.com

The User shall be solely responsible for any wrongdoing or included in the above mentioned cases.

6. Copyright

The User shall be solely responsible for the content you provide to eSportics and / or transmit to other Members. In this regard, the User guarantees that the holder of the rights of intellectual property required to publish and make available to other users and visitors the contents provided eSportics. The User warrants that it has the right to grant and in fact granted a license free of charge irrevocably around the time allowed by law, nonexclusive, worldwide, free of charges, to use copy, perform, display, distribute content eSportics facilitated through www.esportics.com and to prepare derivative works of, or incorporate into other works content, and to grant and authorize sublicenses of the foregoing.

7. Conduct

You agree that the information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or any other material offered publicly or privately, will be the sole responsibility of the person they provide or the person whose user account is used for that purpose. You agree that our web site may expose you to Content that may be objectionable or offensive. We are not responsible in any way for the content appearing on our website for errors or omissions. Explicitly agree, in using this web site or any service provided, you can not:

Provide any content or action that would be considered illegal, threatening, harmful, abusive, harassing, tortious, defamatory, libelous, distasteful, vulgar, obscene, offensive, objectionable, pornographic, directed or as its consequence occurs some type of interference or disruption of the functioning of this website or any of its services, infected with a virus or any other type of application or routine aimed at the destruction or deterioration, give rise to civil or criminal liability or which may violate any local, national or international law.
Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you.
Collect or harvest any information about other users.
Provide or use this website or any content or service offered by him from or commercial interests, or in any manner that would involve the use or generation of spam, spam, chains, or any other advertising without our express consent written.
Provide any Content that may cause us any civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited only to the laws relating to copyright or copyrights, trademarks patents, or trade secrets.
8. Privacy Policy

We have every interest in protecting the personal data of users and inform you through this privacy policy about how we treat them.
eSportics reserves the right to amend this privacy policy to conform to legal or jurisprudential developments. In such cases they will be announced on this page changes with reasonable notice before implementation. The use of our services after this change statement implies acceptance of the same.

APPLICABLE LEGISLATION

eSportics fulfilled in the treatment of personal data of its users with current legislation in Spain and the European Union, in particular, with Organic Data Protection Act and its implementing regulations. To do adopts the technical and organizational measures to prevent loss, misuse, alteration, unauthorized access and theft of personal data, given the state of technology access, the nature of the data and the risks to which they are exposed.

SECURITY

In the user registration process, you must choose a password. As User is responsible for maintaining the confidentiality of the password and all activities that occur in the session initiated with your username and password. The User agrees to notify eSportics as soon as the unauthorized use of your username and password or any other breach of security use. eSporticsno be liable for any damages or losses that may arise due to non-compliance with this obligation on their part.

DATA COLLECT

The data provided will be included in a file of personal data which is responsible eSportics. The communication of personal data implies the acceptance of the User to its inclusion in the automated file.

eSportics use your personal data in order to facilitate their participation in the social network and send related to the provision, improvement and updating of communications services. eSportics may send advertising or self unrelated to the service through email. Will be deemed to consent to the processing of personal data for advertising purposes if not indicated its opposition to such treatment by sending an email to info@esportics.com

eSporticsno cede to third parties the personal data you provide, except where such assignment is expressly consented to by you.

To exercise your rights of access, rectification, opposition or cancellation, you can send an email to the address info@esportics.com
It may revoke their consent to the sending of advertising or third parties own the same email address indicated in the previous paragraph.

COOKIES

eSportics may use cookies when a user browses its websites and web pages. The cookies can be used on the web they are only associated with the browser of a specific computer (an anonymous user) and not themselves provide any personal user data. Cookies are used only for internal purposes such as access statistics to the web. Cookies can not read cookie files created by other providers or websites. Users have the ability to configure your browser to be warned when receiving cookies and to prevent installation of cookies on your hard drive.

9. Exclusion of guarantees and liability

9.1. Exclusion of guarantees and responsibility for the operation of their services eSporticsy

eSporticsno guarantee the availability and continuity of eSportics and its services. eSportics seek sufficient advance notice of the interruptions that may occur in the operation of eSportics and services, wherever this is possible. eSportics not guarantee the use of its services eSporticsy to perform any specific activity, nor its infallibility, particularly but not exclusively, that users can effectively use eSportics and services.

eSportics excludes, to the extent permitted by law, any liability for damages of any kind that may be due to lack of availability or continued operation of eSportics and its services, or the fraudulent use that Users may have attributed to eSportics and services, the reliability of eSportics and services, and in particular, though not exclusively, to the failures in access to different web pages that configure eSportics.

9.2. Exclusion of guarantees and responsibility for the operation of the software, in relation to content, possibility of viruses and effectiveness of security measures

eSportics not guarantee:

The absence of errors or defects in the software and content offered on eSportics.
The absence of viruses and / or any other harmful component both eSportics and servers responsible for its maintenance.
The overall effectiveness of the security measures in eSportics.
eSportics excludes, to the extent permitted by law, any liability for damages of any kind that may be caused by software errors or in the content, or the presence of viruses that can cause alterations in the computer system, electronic documents or files of users.
eSporticsno guarantee the legality, reliability and usefulness of content. eSportics excludes, to the extent permitted by law, any liability for damages of any kind that may result from the transmission, distribution, storage, availability, reception or access to content, and in particular but not exclusively, for damages that may result from:

The lack of truthfulness, accuracy, completeness, relevance and / or timeliness of the content.
The unsuitability for any purpose and fulfillment of expectations generated by the contents.
The failure, delay in performance, defective performance or termination for any reason of the obligations assumed by third parties and contracts with third parties through or in connection with access to the contents.
The vices and defects of every kind of content transmitted, distributed, stored, made available or otherwise transmitted or made available, received, obtained or which is accessed through eSportics or services.
9.3. Exclusion of guarantees and liability for services rendered by third parties through eSportics.

eSportics not control or guarantee the absence of viruses or other elements in the services provided by third parties through eSportics that may cause alterations in the computer system of the user.
eSportics excludes all liability for damages of any kind that may result from the presence of viruses or the presence of other harmful elements in the services provided by third parties through eSporticsque may cause alterations in the computer system users.
eSportics not guarantee the legality, reliability and usefulness of services provided by third parties through eSportics.eSportics excludes all liability for damages of any kind that may be due to services provided by third parties through eSportics.

9.4. Exclusion of guarantees and liability for the use of eSportics, services and content by Users

 

eSportics not guarantee that users use the services and contents of eSportics in accordance with these Terms. eSportics not guarantee the accuracy of the data that users provide about themselves on their profile.
eSportics excludes all liability for damages of any kind that may result from the use of services and content from users that may result from the lack of veracity, or authenticity of the information that users provide to eSportics, particularly but not exclusively, for damages of any kind that may result from the impersonation of another by a User in using the services provided through deeSportics.

10. Intellectual Property.

All trademarks, trade names, logos, distinctive signs of any kind that appear on eSportics eSportics are owned or third parties may not be construed that the use and eSportics access to and use of their services it gives the User any right over the trademarks, trade names, logos and trademarks.

Also, the contents are intellectual property of eSportics or third parties may not transferred to the User, under the provisions of these Terms and Conditions, none of the exploitation rights that exist or may exist in such content beyond what is strictly necessary for the proper use of the services of eSportics. The only intellectual property rights that are granted to User are inherent in using the services of eSportics, in any case prohibited commercial use.

11. Complaint to eSportics

In the event that any user, visitor, or third party considers that there are facts or circumstances revealing the illegality of any content eSporticso in use, you must contact eSportics through either info@esportics.com through the contact information listed in eSportics and the General Conditions, always indicating:

Claimant’s personal data (name, address, phone number and email address).
A alleged illegal activity conducted in eSportics and motivation to disclose such illegality.
12. Applicable law

These General Conditions are governed by Spanish law. The interpretation and resolution of any conflict that may arise from the User’s participation in eSportics services will be subject to Spanish Courts of Barcelona.

Special Conditions of the Profile Organizer

eSportics offers users the ability to create an account as organizer of competitions, to organize, manage and promote tournaments, leagues, circuits and other types of sports competitions using software eSportics property.

Any competition organized eSportics falls into this category. eSportics allows an organizer of competitions contact participants and provides the necessary competition manager for the proper management of the tools.

1. Register as organizer

Using the platform using an Organizing eSportics profile requires specific prior registration as Organizer. The Organizer may choose between different modes of organizing profile, with some payment, accessing different features and conditions of use of the platform according to the chosen profile.

eSportics publish on its website the various hiring plans, and reserves the right to add, modify or delete one or more forms if so required. eSportics reserves the right not to publish on its website all available plans for hiring and to offer solutions tailored to the organizers so require.

2. Payments and billing

Subscribe to an organizing plan. If the User contracts subscribing to a plan organizer is obliged to pay the amount of the fee by direct debit through the payment method selected at the time of hire. The User agrees to use eSportics pay for the entire duration of the plan, regardless of the form of payment.
Competition payment. Users may choose to hire and pay for the organization of a single competition through eSportics. The cost will depend on the services contracted in the championship at the time of publication and may include a fixed fee as contracted services and a variable fee. It shall be paid through Paypal account, credit card or other means authorized by eSportics.
Payments to third parties for online registration. eSportics easier for users organizers collect registration fees from participants in their own Paypal account. eSportics only provides a way to transfer payments between the accounts of the participant and organizer Campeoanto, and in no case directly receive such payments or any data from credit cards of participants in a tournament are stored in our database. eSportics may charge a fee to the Organizer for making available this service.
Other services. eSportics may make service users other payment or contracting of other services, at which time would suit these conditions.
3. Revision of prices

The price of services contracted to eSportics they shall be indicated on the Web at the time of hire.

eSportics reserves the right to change prices in the event of substantial changes in service costs. The subscription rates may be revised each year eSportics upward or downward by an amount equal to the increase or decrease in experiencing the General Consumer Price Index (CPI), National General Assembly, corresponding to the twelve months to publish the National Statistics Institute or body that replaces it. The already contracted to a point product price and already paid will not be reviewed before.

4. Payment in a click

eSportics can offer ordering service “Pay 1 Click,” which is the fastest and easiest way to make payments safely and effectively in eSportics. By hiring eSportics, the user authorizes eSportics payment platform or subcontracts it to keep the data on your credit / debit card or Paypal account, so you can formalize future purchases.

In this case, data from the credit / debit may be modified by the user at any time. As a security measure, if you have been using a public or shared computer, we recommend you log in eSportics.

5. Organization of competitions in eSportics

A Competition, whether organized by a public entity such as a private, can only manage authorized representative.
Any user can create and organize a tournament, provided they do not supplant identities or unauthorized profiles of public and / or private that may lead to misleading users or infringe the rights of others. If the account to create and organize a tournament is not an official of a brand, you must ensure not to communicate any message or posting content on behalf of the authorized representative of the brand and the competition report is unofficial brand.
Data and content published in a tournament are public by default, expecto during the free trial of the platform, and anyone visiting the URL of the same public can see it. The organizer can select your competition is “private”, in which case only the test participants invited to the competition or users can access it. mechanisms will be established for access to private competition, which may be by using specific password or other means deemed appropriate by eSportics.
The conditions or competition regulations may not contradict our terms and conditions and privacy policy and these terms.
Names of the competition must accurately reflect the content of the page of the tournament. eSportics may require the user to modify the name of a competition if it deems it necessary, and in particular reserves the right to rename, edit, modification, or removal thereof, when it violates the dignity, honor or personal privacy.
Data collection. If the Organizing content and information collected directly from users, it is expressly informed of who collects the data and alert users and must obtain consent to use the content and information collected. Regardless of how you obtain the consent and user information, the responsibility of the organizer to get all the necessary permissions to reuse your content and information.
Management registrations. Entries to the competition will be made by participants directly through the eSportics platform, which will have to register as a user and accept the terms and conditions. In the event that the organizer of a competition register players manually or using Excel authorized for this purpose, shall be responsible for having collected personal data of the players in accordance with the Data Protection Act as well as to inform you that your data will be transferred to eSportics to create a user to enable the organization and management of the competition.
Data transfer clause. For this purpose, the Organizer may use the following clause for information, or the like to collect the same concepts:
“The organizer of the competition will yield these data registration Talent Culture SLU (Hereinafter “eSportics”), with NIF B67059592 and domiciled in Street Cova Simanya, 35C, Matadepera, Barcelona, platform used by the organizer to manage their competitions, to create a user profile, in order making the management of the event by both the organizer and the player.
These data will not be used by eSportics for commercial or advertising purposes without authorization on its platform by the player.
The player can access this profile www.esportics.com from the date of commencement of the test.
The addition of these data to file personal data of eSportics have indefinite.
You can check the conditions of your right of access, rectification, consultation and opposition through //www.esportics.com/terminos-condiciones ”
Using the algorithm for automatic creation of tables. If the organizer creates a table automatically using the functionality available in eSportics will be subject to a random result. eSportics is not responsible for the misuse and damages resulting from its use can cause users to participants of the tournament. The fraud in the edition of parties or alteration of dates, times, results or points is solely the responsibility of the organizer. Also eSportics no liability in the event that the resulting schedules are not completely comply with the timetables availability of players.
Changes erroneous dates and times that may confuse and cause injury to the players in the competition are full and sole responsibility of the organizer of the tournament.
ESportics not be used for other than the intended use and, in any case, to promote other websites without the express written permission of eSportics.
By using eSportics to organize or manage a competition, communicate with players and send communications about it the Organizer will be responsible for the communication complies with applicable law.
CONDITIONS OF HIRING PLANS ESPORTICS

ESportics is a registered trademark Talent Culture, SLU

The general conditions of use of the services offered are subscribed on the one hand, the commercial entity Talent Culture SLU, with CIF B67059592 and registered office at C / Cova Simanya, 35C, Matadepera, Barcelona ( hereinafter ESportics).

And, secondly, the user (hereinafter the Customer) Service, whose details are set forth earlier in this document

The recruitment of different services reflected in this contract, fully and without reservation to these general conditions of contract, and other terms and conditions of use ESportics is published on the website http: //www.eSportics. com

Manifest

Both parties mutually recognize the legal capacity to contract and bind in the respective qualities in acting and, under this Agreement, agree to the following terms and conditions.

Clauses

1. Object of the contract

1.1 This contract is to regulate the conditions of service delivery platform Esportics use, including software for managing competitions and social network, and set the conditions, duration and form of remuneration from the Customer and the establishment of policies for the protection of personal data.

Provisions about the service

2.1 ESportics undertakes to make available to Customer capabilities contracted version of the platform, indicated in the proposal sent to the customer

3. Price and duration

3.1 The price for the provision of services, it will be linked to eSportics plan chosen at the time of hiring or promotion linked to promotional code. Payment will be made through debit the bank card provided by the client during the hiring process.

3.2 The Customer agrees to promptly satisfy all payments due under the provisions of this contract. In case of default by the client payment deadlines established ESportics may, within seven working days from the deadline, suspend the service and consider fully terminated this contract, which was due the amount of actual services rendered.

3.3 The contract, which will have an initial duration of 1 year and may be renewed automatically unless either party gives, in a reliable way, otherwise at least 30 days before the term of provisions this contract. Early cancellation at any time without cost with 30 days notice.

3.4- The fare will be updated annually, applying the corresponding IPC.

3.5.- In the event that specific circumstances, without limitation and without limitation, occur, modifications or developments of the services provided by the platform corresponding significant increase in customer traffic, regulatory changes, etc .., may be revised the fare.

3.6.- If the aforementioned increase occur, it will notify the Customer, with increasing justification and operated with an advance of 30 days to the expiration date of the contract. If once the communication received, the customer decided not to continue adhering to the platform may proceed to floor without penalty of any kind.

 

4. Availability of the service.

4.1 The service contracted by the Client will be available 24 hours a day, 365 days a year.

4.2 However, the service may be temporarily interrupted for maintenance issues, technical issues, development or modification of the platform and the like that you agree as normal and renounces all kinds of legal proceedings or extrajudicial claim.

4.3 ESportics undertakes forewarning at least 7 days in advance interruptions are due to predictable, such as maintenance and connectivity outages companies warned of circumstances. In this case, updates or maintenance will be carried out in the time zone of lower activity.

4.4.- ESportics agrees to resolve any incidents or repair the contracted service in the shortest possible time and to notify the Customer the possible delay in restoring service.

Security and Data Protection
5.1 To ensure private and confidential access to Client provides a user name and password secret. It is essential that these data are varied access by other completely confidential in the shortest possible time. From the moment at which he supplied the information access, the Customer will keep with the utmost diligence and keep secret for the service.

5.2 In such a case, the Customer is responsible for all damages that may occur to himself, to others or to the provider itself and have been derived from its lack of secrecy of the access data.

 

6. Liability regime

6.1 ESportics disclaims any liability for information transmitted or disseminated through the platform and its website, provided that such information has been manipulated or entered by a user or third party outside.

6.2 ESportics not responsible for the content and information stored, including but not limiting. However and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, ESportics is available to all users, authorities and security forces, and working actively in the withdrawal or blocking case, all content that might affect or violate the law national or international rights, or morality and public order. If the user considers that there is on the website any content that could be susceptible to this classification, please immediately notify the administrator of the website.

 

7. Termination

7.1 The contract shall end, in addition to the general grounds of law, in the following cases:

Mutual agreement.
Completion of the initial term or its extension.
Termination for breach of any of the parties of the obligations under the contract.
When either party is in bankruptcy or receivership.
The termination of the contract for these or other causes not exempt the parties to fulfill those obligations has acquired.
8. Law and Jurisdiction

8.1.- All the contentious issues on the present commercial contract, will be governed by Spanish law, specifically the provisions of the Commercial Code, and in his absence by the Spanish provisions of the Commercial Code, special laws and commercial usage additionally, by the Spanish Civil Code

8.2.- The parties agree to try to resolve the potential conflict amicably. However, if unable to reach agreement, the parties submit to the Courts of Barcelona, ​​waiving any other forum that might be competent in the matter or amount.