TERMS OF USE AND CONDITIONS OF USE FOR THE CRNATIONSCUP WEBSITE

This document (hereinafter, the “Conditions of Use”) regulates the use of, and access to the Internet Website www.crnationscup.com (hereinafter, the “Website”), and also access to the content that may be available on said site, the provision of the services offered on said Website and the responsibilities deriving from their use.

Access to, browsing and use of the Website means that you explicitly and unreservedly accept all the terms of these Conditions of Use, which have the same validity and effectiveness as any written contract entered into and signed. They must be observed and complied with by any person accessing, browsing or using the Website. Consequently, if you do not agree with the terms set out here, do not access, browse or use the Website.

1.-            COMMERCIAL INFORMATION

The commercial company which owns this Website is FANDROID ENTERTAINMENT, S.L. (hereinafter, “FANDROID”), a company with registered office in Avda. Diagonal, 177-183, Edificio Imagina, 08018, Barcelona, with NIF [Tax Identification Number] B-64910292, and registered in the Barcelona Companies’ Register, Volume 43.090, Sheet 156, Page B-369917.

You may contact us at the following e-mail address: [email protected] 

2.-            ACCESS, REGISTRATION AND PARTICIPATION

It is hereby expressly stated that the registration into the Competition of the different players of each team will be made by the captain of each of the teams participating in the Competition. Without prejudice to the aforementioned, all registered participants will be considered Users for the purposes of these Terms of Use, and the captain of each team undertakes to communicate these Terms of Use, the Privacy Policy and the Official Rules of the Competition to all members of his team, guaranteeing their acceptance and full compliance. 

3.-            INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

FANDROID is the owner or, where relevant, has the corresponding licences for the rights to use the intellectual and industrial property on the Website, and for all the content offered therein, including the platform itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces or any other information or content and the services available through the platform. FANDROID also states that it is the owner of the source code, design, browsing structure, databases and different software elements on the Website.

Under no circumstances shall it be understood that the User’s access to, browsing and use of the Website, or the use of the products and/or services offered by FANDROID through its Website, involves a waiver, transmission, licensing or full or partial transfer of said rights by FANDROID. The User has a right to use the Website content and/or services in a strictly domestic context and solely for the purpose of enjoying the services provided on the Website, in accordance with these Conditions of Use.

Any references to, or use of registered trademarks or trade names or other distinctive signs, whether owned by FANDROID or by third-party companies, is implicitly prohibited without the consent of FANDROID or their lawful owners. At no time, unless explicitly stated otherwise, does access to, or browsing and use of the Website and/or its content give the User any right over distinctive signs included in it.

All intellectual and industrial property rights for the content and/or services on the Website are reserved; in particular, modification, copying, reproduction, public communication, transformation or distribution, by any means and in any form, of all or part of the content included on the Website, for public or commercial purposes is prohibited, unless prior, express written authorisation has been given by FANDROID or, where appropriate, by the owner of the corresponding rights.

It is also prohibited to remove or manipulate the copyright indications or other credits identifying the owners of the rights to the content the User might find on the Website. This also applies to the technical protection devices, digital fingerprints or any other protection or information mechanism incorporated in the content offered on the Website.

If the User sends information of any type to FANDROID via any of the channels enabled for this purpose, he/she states, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property right, trade secret or any other third party rights, and that said information is not confidential in nature or harmful for third parties.

In this regard, the User acknowledges and accepts that, when registering for and participating on the Website, he/she transfers to FANDROID all the rights necessary for the Website to operate correctly; specifically, for information purposes, and not limited to these, said rights include: the right to keep the User’s content in the servers, adapting them to the technical requirements at any time, the right to display them to other Users, depending on the level of privacy selected, and the right to use them for events and activities in the different games and competitions organised on the Website and for press and promotion purposes. It shall be understood that these rights are transferred for the maximum time permitted by Law and with no territorial restriction of any kind.

The User acknowledges that he/she assumes liability, holding FANDROID harmless, for any communication supplied personally or on his/her behalf; said liability extends, with no restriction of any kind, to the accuracy, legality, originality and ownership thereof.

If the User should become aware of the existence of any content which is unlawful, illegal, contrary to the Laws or which might suppose an infringement of intellectual and/or industrial property rights, he/she must notify FANDROID immediately, using the e-mail address  [email protected], so that FANDROID can adopt appropriate measures.

Similarly, if any User or third party should consider that any of the content on the Website owned by FANDROID infringes their intellectual and/or industrial property rights, or any other rights, they must send a communication to [email protected] with the necessary documentation accrediting this situation.

4.-            RULES OF USE OF THE WEBSITE

In any case, we inform you that when the User participates in any of these areas, the rest of the Users of the Web will be able to access and use all the contents published by the User. FANDROID cannot control what other people will use these contents for, and therefore FANDROID is not responsible for this. FANDROID recommends that you do not publish any personal data or materials protected by intellectual and industrial property rights or any other rights.

In order to ensure that the Website is a safe environment and to protect our Users, the publishing of the following content is strictly prohibited:

  1. Users participating in the Competition must meet the age requirement set out in section 7.4 of the Privacy Policy.
  2. The Users participating in the Competition must have the nationality of the country for which they are competing.

5.-            LINKS

5.1.-         LINKS TO OTHER WEBSITES

If the Website displays links to other websites by means of different buttons, links, banners or embedded content, FANDROID would like to point out that said links are managed directly by third parties, and the Owner has neither the human nor the technical means to be aware in advance of and/or monitor and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.

Consequently, FANDROID cannot be held liable in any way for any aspect relating to the platform or Website to which a link may be established from the Website; specifically, for information purposes, though not limited to these, such aspects include its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.

In this regard, if Users were to have effective knowledge that the activities being carried out via these third-party Websites are illegal or contravene morals and/or the public order, they must communicate this immediately to FANDROID so that it can disable the access link to such activities; such action will be taken as soon as possible.

In any event, the establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, association or dependency between FANDROID and the entity responsible for said external Website.

5.2.-         LINKS TO THE FANDROID WEBSITE ON OTHER PLATFORMS AND SOCIAL NETWORKS

FANDROID reserves the right to make available to the Users, using different tools and applications, links allowing them to access Website channels and pages that FANDROID has on different platforms and social networks that belong to and/or are managed by third parties (e.g. Facebook, Twitter or Google+, amongst others). The sole purpose of the inclusion of these links on the Website is to make it easier for Users to access said Website channels and pages on the different platforms and social networks.

The establishment of these applications does not mean that there is any relationship between FANDROID and the owner, manufacturer or distributor of the linked platform, and neither does it mean that FANDROID accepts and approves their content and services; the owner, manufacturer or distributor alone is responsible for these.

Under no circumstances does FANDROID share with Facebook, Twitter or any other social network that might be incorporated in the future, any type of private information about its Users, the sole purpose of which is that set out in these Conditions of Use, and also in the Website Privacy Policy. In this regard, all the information that the User wishes to provide to these platforms will be on his/her own responsibility, and FANDROID does not intervene in said process.

The activation and use of these applications may require the User’s identification and authentication (login/password) on the corresponding platforms, which are completely external to the Website and beyond FANDROID’s control. When accessing said external networks, the User is entering an environment which is not controlled by FANDROID; consequently, FANDROID cannot be held liable in any way for the security settings of said environments.

Given that FANDROID has no control of any kind over the content housed on said channels, the User acknowledges and accepts that FANDROID cannot be held liable in any way for the content or the services the User may access on said websites, or for any content, products, services, advertising, or any other material available there. For this reason, the User must take great care when assessing and using the information, content and services to be found on the linked channels, and with regard to his/her own information or that of third parties that he/she wishes to share on said channels.

5.3.-         LINKS ON OTHER WEBSITES LINKING TO THE FANDROID WEBSITE

FANDROID does not authorise the establishment of any link to its Website from websites containing materials, information or content that is unlawful, illegal, degrading or obscene and, in general, that contravenes the Laws, morals or the public order, or generally accepted social norms.

In any event, Users may establish links on their respective websites which are directed to the FANDROID Website, provided they meet the following conditions:

the link may not reproduce the content of the Website, or parts thereof, in any way;

the creation of browsers or border environments on sections of the Website is not permitted, nor may the Website be modified in any other way;

it is not permitted to make statements or comments which are false, inaccurate or incorrect on the Website and/or, in particular, state or lead others to believe that FANDROID has authorised the link or has supervised or accepted in any manner the content or services offered or made available on the website on which said link is established;

the website on which the link to the Website is established must not contain unlawful information or content, content that is contrary to morals and generally accepted decency and the public order, and neither may it contain content that infringes any third party rights, including  intellectual and/or industrial property rights and/or the right to honour, personal or family privacy or one’s image or any other right, or content contrary to the rules and regulations on protection of personal data.

FANDROID has neither the power nor the human or technical means to be aware of, monitor or approve all the information, content, products or services provided by other websites that have established links directing to the Website. FANDROID cannot be held liable in any way for any aspect relating to the website establishing that link directed to the Website, specifically, by way of example but not limited to these, regarding its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.

6.-            LIABILITIES AND GUARANTEES 

The acceptance of these Conditions of Use supposes that the User agrees with the use of the content and/or services, and use thereof is at their own risk.

FANDROID is deeply committed to ensuring its service functions correctly and in compliance with the conditions agreed with the Users. Occasionally, however, situations may arise, particularly because of the intervention of ill-intentioned third parties, that might derive in liabilities.

Consequently, FANDROID cannot guarantee the reliability, utility or veracity of absolutely all the information and/or of the services on the Website, nor the utility or veracity of the documentation made available through it.

As a result, FANDROID cannot guarantee or be held liable for:

Notwithstanding the above, FANDROID states that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to keep the errors in the system to a minimum, both from the technical point of view and with regard to the content published on the Website.

FANDROID cannot guarantee the lawfulness, reliability and utility of the content supplied by third parties through the Website. If the User is aware of the existence of any content that is unlawful, illegal or contrary to the Laws or that might suppose an infringement of third-party rights, he/she must notify FANDROID of this immediately so that it can adopt the appropriate measures.

FANDROID cannot be held liable for the veracity, integrity or updating of the information published on the Website originating from sources external to it, or for the information contained on other platforms accessed via a link from the Website. FANDROID shall not be held liable for any damages that might arise through the use of such information.

In any event, FANDROID reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access to, browsing, use, housing and/or downloading of the content and/or use of services on the Website, with or without prior notification to any Users contravening any of the provisions detailed in these Conditions of Use, and the User shall not be entitled to demand compensation of any kind for this reason.

7.-            PRIVACY POLICY

This Privacy Policy drawn up by FANDROID details the information it compiles from Users when they access the Website, their profiles on social networks and when they use the services offered in said situations, the purposes for which said information may be used, and the third parties to whom the information may be communicated and under what conditions.

This Privacy Policy forms part of the Conditions of Use of the Website and access to it, and also to the corresponding CRNationsCup profiles on the social networks by Users, which is also subject to the same Conditions of Use. Check all the aspects detailed in this Privacy Policy and in the Conditions of Use and make sure that you agree with them before using the services on the Website.

7.1.-         WHAT INFORMATION DO WE COMPILE?

FANDROID will be able to record the image and voice of the participants, in accordance with the provisions of the Official Competition Rules regarding the assignment of image rights.

We also inform you that this final stage can be recorded so it is possible that the image and/or voice of the attendees may be captured.

7.2.-         HOW WE USE THE INFORMATION

 Your details will be included in a file owned by FANDROID, which will handle your details for the following purposes:

7.3.-         COMMUNICATIONS AND TRANSFERS OF DATA

FANDROID informs you that, when appropriate, the following communications to third parties may be made:

7.4.-         MINORS

To register and use our website and participate in the Competition you must be at least fifteen (15) years old or the equivalent minimum age in the relevant jurisdiction, which in no case can be less than 15 years. However, only participants who are at least sixteen (16) years old before 31 July 2018 may participate in the Face-to-face finals of the Competition.

7.5.-         POLICY ON RETAINING INFORMATION

We will keep the information you have sent us in accordance with the following criteria and time periods:

7.6.-         EXERCISE OF RIGHTS

You may contact the Data Protection Officer and exercise your rights of access, rectification, deletion and, where relevant, opposition, portability and restriction on handling, by writing to FANDROID at: Avda. Diagonal, 177-183, Edificio Imagina, 08018, Barcelona, or by sending an e-mail to [email protected], in both cases indicating the Reference: “Data Protection - CRNationsCup”.

8.-            COOKIES POLICY

In relation to the cookies offered by Google Analytics, we suggest that you visit the following link https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage where you will find information about Google Analytics' use of cookies and how to disable them.

On a smartphone, tablet or other mobile device, cookies can be uninstalled or deleted from the Settings menu of the device.

 

9.-            MODIFICATIONS IN THE CONDITIONS OF USE

FANDROID reserves the right to make any modifications it deems appropriate on its Website with no prior warning, and may change, remove or add both the content and services it provides and the way in which they are presented or located.

The time these Conditions of Use will be valid, consequently, coincides with the time they are displayed, until they are modified in whole or in part, at which time the modified Conditions of Use will come into force.

FANDROID may decide to terminate, suspend or interrupt unilaterally, at any time, with no need for prior notice, the provision of the Website service and/or any of its services, and also access to the content on the Website, with no possibility of the User being able to claim compensation of any kind. After said termination, the User must destroy any material he/she may have obtained from the Website and/or the portal on which the content and services are offered; this includes all the software and corresponding documentation, and any copies, printed material or installation, although the prohibitions on use of the content set out above in these Conditions of Use will continue to be valid.

If any provision in these Conditions of Use should be declared null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplicability shall not affect the remaining provisions in these Conditions of Use.

If FANDROID does not exercise or enforce any right or provision contained in these Conditions of Use, this shall not constitute a waiver thereof, unless it acknowledges this and gives its written agreement.

These Conditions of Use will remain published on our Website so that you can consult them whenever you wish.

10.-          APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Provided the regulations in force to this effect do not provide for the possibility of the parties submitting themselves to a specific jurisdiction, the Spanish legislation in force at the time will apply to any dispute deriving from or related to this Website, and we will submit ourselves to the Courts and Tribunals of the city of Barcelona and, where relevant, to the consumer Arbitration Tribunals, or similar, to which we are subscribed at the moment the dispute arises.

If you wish to present claims about the use of our services, you may write to the postal or e-mail addresses indicated in section 1 of these Conditions of Use, and we undertake to seek at all times an amicable solution to the dispute.

 Most recent update: 09/05/2018

© 2018 FANDROID ENTERTAINMENT, S.L. All rights reserved.