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TERMS OF USE AND CONDITIONS OF USE FOR THE ARENAGG WEBSITE

INTRODUCTORY NOTICE: CONDITIONS OF USE FOR THE WEBSITE AND POSSIBILITY OF ACCESSING PLATFORMS OUTSIDE FANDROID’S CONTROL, GOVERNED BY THEIR OWN REGULATIONS

This document (hereinafter, the “Conditions of Use”) regulates the use of the Website www.arenagg.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 eventual responsibilities deriving from failure to comply with or defective compliance with the Conditions of Use.

Access to, browsing and use of the Website means that you explicitly and unreservedly accept all the terms of these Conditions of Use, the validity and effectiveness of which is that of any written contract entered into and signed. They must be observed and complied with by any person accessing, browsing or using the Website in any way. Consequently, if you do not agree with these Conditions of Use or for any reason do not comply with them (for example, if you are younger than 14) you must stop browsing immediately and refrain from using the Website in any way.

By using the Website, you can choose to participate in different non-professional games and/or competitions. These non-professional games and/or competitions are organised by FANDROID via the Website, but are developed on platforms which are not part of the Website, are independent of it and, consequently, are beyond FANDROID’s control. When you agree to participate in said non-professional games and/or competitions, you are entering an environment controlled and regulated by the operator directing the platform on which the non-professional game and/or competition is developed, and you will be subject to said operator’s rules and policies. Consequently, under no circumstances may you claim against FANDROID for anything that may happen on the platforms on which the non-professional games and/or competitions are developed, as these platforms are outside FANDROID’s control and are governed by their own rules.

By accepting these Conditions of Use you state that you are aware of all the above, and explicitly acknowledge that FANDROID cannot be held liable for the circumstances that might arise on the platform(s) managed by third parties that you decide to access to participate in a non-professional game and/or competition, whether or not you do so via the Website.

 

1.-        FANDROID COMMERCIAL INFORMATION AND CONTACT DETAILS

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] and we will reply to your e-mail as soon as we can.

 

2.-        ACCESS TO, REGISTRATION AND USE OF THE WEBSITE RESTRICTED TO PERSONS AGED 14 OR OLDER, NON-TRANSFERABLE NATURE OF THE IDENTIFIER AND THE PASSWORD TO USE THE WEBSITE
 

Access to, and use of the Website, together with any access to any of the content available on it, means that you are considered a user of the Website (hereinafter, the “User”) and involves and accepting without reservations all the conditions included in these Conditions of Use at the moment said access or use (or both) occurs. Anyone transmitting information, registering on, or participating in or via the Website, and thereby accepting these Conditions of Use, will also be considered a User.

In order to be able to enjoy certain content on the Website and take part in the different non-professional games and/or competitions you must register by clicking the button on the Website that contains the following wording “REGISTER. ONLY FOR PERSONS AGED 14 OR OLDER”.

This button gives access to the registration form, which allows you to create an account on the Website, with the User’s explicit authorisation to collect the following details: nickname (identifier or alias), region, e-mail address, date of birth and password (created by the User). Said details will be incorporated in a file kept by FANDROID in accordance with the Privacy Policy that appears in section 7 of these Conditions of Use.

All the information provided by the User in the forms on the Website must be true. For these effects, the User guarantees the authenticity of all the data communicated and undertakes to keep the information given to FANDROID perfectly up to date, in such a way that it reflects, at all times, the specific User’s real situation. In any event, the User shall be the only one held liable for any false or inaccurate statements that may be made via the Website, and for any damage or harm that might be caused to FANDROID or to third parties by the information provided via the Website.

The password must be generated by the User and must be sufficiently robust and complex to comply with the rules established at any time by FANDROID, of which the User will be informed, by default, when the password provided does not meet the standards. This means that, if the User selects a password that does not meet the minimum requirements of the password policy approved and in force at FANDROID, the User will be informed of this failure to meet the requirements and will receive instructions for the conditions that this password must meet in order to be valid.

The password created by the User will be valid for an unlimited period of time, although FANDROID recommends that you change it periodically; we will make it easy for you to make this modification via your User profile.

In addition, FANDROID has the necessary functionalities to enable the User to change his/her password when it is considered appropriate, for example, because he/she suspects or has evidence that the confidentiality of the password has been compromised.

The registered User states explicitly that he/she is aware that the User account is personal and non-transferable, and accepts any liabilities arising from making it available to third parties other than the User. By way of example, but not limited to these, the User shall be held liable for any damage or harm that might arise from the use of the Website by any third party using a User password or identifier as a result of non-diligent use, unauthorised transmission or loss thereof by the User.

For this reason, the User undertakes to use his/her password diligently, keep it secret, and not to transmit it or share it with any other person, including FANDROID. Consequently, the User states explicitly that he/she is solely responsible for the safekeeping and confidentiality of any identifiers (nicknames or aliases) and/or passwords they may have selected as Registered User of the Website.

Given the above, it is the User’s obligation to notify FANDROID immediately, preferably using the e-mail address [email protected], of any fact or act that allows undue use of the identifiers and/or passwords, such as, for example, theft, misplacement, or unauthorised access to such, so that FANDROID can proceed to cancel it immediately. If such circumstances are not communicated by the User, FANDROID will not be in a position to have effective knowledge thereof and, consequently, under no circumstances will it be possible to attribute any liability to it for possible undue use of the identifiers and/or passwords by unauthorised third parties.

Access to the content of the Website is free of charge, generally. However, there may be concrete particular sections or services that require payment of a sum of money for the use and enjoyment thereof. In these cases the User will receive, prior to his/her use or enjoyment, all the information relating to the costs and payment methods, and his/her explicit acceptance of the contracting terms and conditions will be obtained prior to any charge being made, and prior to use and enjoyment by the User.

Some services on the Website that are accessible to Users, or exclusive to customers of FANDROID, may be subject to particular terms and conditions, regulations or instructions which, where relevant, replace, complement and/or modify these Conditions of Use and which must be accepted by the User before the provision of the corresponding service begins.

It shall be the User’s responsibility to ensure that his/her systems and infrastructures are appropriate and necessary for the correct use of the Website, and ensure that the configuration of said systems and infrastructures are appropriate, particularly with reference to the security systems.

If the User wishes to participate in the different non-professional games and competitions which he/she may access after registering on the Website, or take part in the different draws associated with said games and competitions and any others developed by FANDROID in its social networks, the User must accept in full, without reservations, the legal bases regulating said participations and, specifically, the following:

 

3.-        INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, RIGHT OF USE WHICH IS NOT EXCLUSIVE AND FOR PERSONAL ENJOYMENT. RESTRICTIONS FOR THE USER AND THE USER’S RESPONSIBILITY FOR THE INFORMATION PROVIDED TO FANDROID

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/or use of the Website or the use of the products and/or services offered by FANDROID through its Website, involve a waiver, transmission, licensing or full or partial transfer of said rights by FANDROID. The User has a non-exclusive right to use the Website content and/or services in a strictly domestic context and solely for the purpose of personally 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 and/or their lawful owners. At no time 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 any purposes other than the User’s personal use and enjoyment. Consequently, the User acknowledges explicitly and accepts that he/she may not use the aforementioned elements in the following cases, which are given as examples but are not limited to these: for any public use, or for commercial or promotional purposes, etc.

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 and the right to use them for events and activities in the different games and competitions in which he/she participates as a User of the Website, and for the purposes of press and promotion of said games and competitions. 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 any damage or harm related to their accuracy, legality, originality and/or 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 and FANDROID will reply as soon as possible.

 

4.-        RULES OF USE OF THE WEBSITE, USER LIABILITYAND GUARANTEE TO HOLD FANDROID HARMLESS. PUBLICATION OF CONTENT BY THE USER: USER LIMITATIONS AND LIABILITIES

 

The User undertakes to make appropriate use of the content, materials and services that FANDROID offers on the Website and not to use them to engage in unlawful activities or activities contrary to good faith and the legal order, disseminate content or advertising of a racist, xenophobic, pornographic-illegal nature, in defence of terrorism or which violates human rights, causes damage to FANDROID’s physical or logical systems, or those of its suppliers or of third parties, to enter or disseminate on the web computer viruses or any other physical or logical systems which are likely to cause the aforementioned damage.

The performance of any actions like those described in the previous paragraph by the User may lead to FANDROID adopting appropriate measures protected by the Law and in the exercise of its rights or obligations, which includes the offending User’s account being deleted or blocked.

The User explicitly recognises that, if he/she performs the aforementioned actions he/she shall have no right to claim any compensation for the damage or harm caused and, on the contrary, shall be the only party liable for any damage or harm that may be caused to FANDROID and/or any third parties. To this effect, the User explicitly acknowledges and agrees to hold FANDROID harmless in respect of any damage or harm deriving from actions like those described in the previous paragraph. This guarantee to hold harmless covers not only the amount of the compensation and the costs of possible legal or arbitration proceedings, but also the professional fees (lawyers, experts, procurators, etc.) that FANDROID might be required to pay to defend its rights and/or interests, both in and out of court.

Meanwhile, the User states that he/she is aware that the Website may have areas through which Users may participate, publish their own content and/or share their own content or that published by FANDROID provided they meet certain requirements. Said areas may be FANDROID’s own and, consequently, dependent on and controlled by FANDROID, or outside FANDROID’s control. The User acknowledges and explicitly accepts that, in the case of independent social networks that are unconnected to FANDROID, FANDRODI cannot be held liable either for their correct functioning or the conditions and policies provided by the parties responsible for them. Consequently, the User acknowledges and explicitly accepts that his/her consent is given solely on his/her own behalf and his/her sole liability, accepting and/or assuming at all times the processing given to the information published on said platforms.

In any event, we inform you that when the User participates in any of these areas — both those controlled by FANDROID and those outside its control —, the other Users of the Website may access and use all the content published by the User. FANDROID cannot control the use made by other persons of such content and, consequently, FANDROID cannot be held liable for it.

FANDROID recommends that you do not publish data of a personal nature or materials protected by intellectual and industrial property rights or any other rights. In any event, the User states explicitly that he/she is solely liable for any data, information, elements, objects, etc., made available to the public via the Website, and agrees to hold FANDROID harmless in the terms expressed in this section.

If content (audiovisual material, videos, audio, etc.) is made available by the User of the Website via the Website ('uploading' of the User’s own content to the Website) the User acknowledges explicitly that he/she is aware that the uploading of content means granting FANDROID a non-exclusive licence to use such content, in such a way that FANDROID is authorised by the User to reproduce, communicate publicly, distribute and transform such content, with no time or territorial limitation or restriction on the purpose of the act of operation (hereinafter, the “Licence”). In addition, under the Licence, FANDROID may transfer content made available to it by the User of the Website to any company in its Business Group http://entidades.imagina-media.com. To this effect, the User explicitly authorises FANDROID to allow any company in its Business Group to carry out the operational acts authorised in the Licence, for the use of the content via the internet and via any other means of operation, using any technology. By way of example, FANDROID may use the audiovisual content or texts made available to it by Users via the Website (and transfer the operation thereof to third parties) on the Internet, free television, pay television, pay per view, video on demand, quasi video on demand, video formats (DVD, CD ROM, Blue Ray, HD DVD, etc.), use on mobile devices, in cinemas, aircraft, public or private establishments, whether or not they are open to the public, such as hospitals, hotels, etc. The rights shall be understood to be transferred for the maximum time permitted by Law, and with no territorial limitation of any kind.

The User assumes the obligation to provide the information required of him/her, in relation to the source and ownership of content uploaded to the Website and the procedure by which the User has obtained them. This information must be true and verifiable if FANDROID so requires.

In order to ensure that the Website is a safe environment and to protect our Users, the User states explicitly that he/she is aware that the publishing of the following content is strictly prohibited:

  1. Content that may be considered an infringement in any form of the fundamental rights to honour, to personal and family privacy or to the own image of third parties and, most particularly, of minors;
  2. Content that includes photographs including images or personal data of third parties without having obtained the appropriate consent of their owners;
  3. Content that violates the secrecy of communications or that supposes an infringement of intellectual and industrial property rights or of the rules and regulations protecting personal data or of the rules regulating industrial or business secrecy;
  4. Content containing any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceitful, fraudulent or in any other way contrary to morals or to the public order or to these Conditions of Use;
  5. Content containing “spam” and/or links to websites with no relation to the corresponding space;
  6. Content including advertising or commercial communications, for the issuing of messages with an advertising purpose or to acquire data with the same purpose.

Any User failing to comply with these prohibitions shall be liable for any claim made as a result of their action. The guarantee to hold harmless described in this clause also applies to this case, which the User explicitly acknowledges and accepts and, consequently, the User must hold FANDROID harmless in the terms referred to above. Even if no claim is made by a third party, FANDROID reserves the right to prevent access to the Website or the possibility of participating in the spaces enabled therein to Users who fail to comply with these conditions. FANDROID will also prosecute any failure to comply with the abovementioned conditions, and any undue use of the content presented on the Website, exercising all the actions of any nature that might correspond to them.

FANDROID does not monitor the content published by Users on the Website and, consequently, cannot be held liable for such content. The User acknowledges explicitly that he/she alone is liable for the content he/she publishes on the Website, and agrees to hold FANDROID harmless in the terms referred to above, for any damage or harm deriving from the content he/she publishes on the website. Without prejudice to the above, FANDROID does reserve the right to modify and remove any content that infringes these Conditions of Use or the Privacy or Cookies Policy, or the rights of FANDROID or third parties, after notifying them. Likewise, the User (registered or not) undertakes to notify FANDROID in writing, at the e-mail address [email protected], if he/she finds any information or content on the Website that might be inappropriate, contrary to the regulations in force or contrary to the Website Conditions of Use.

In any event, FANDROID shall not be held liable for infringements made by any User of the Website that affect any other User thereof or third parties, including those referring to intellectual property rights, copyright, trademarks, patents, confidential information and/or any other intellectual or industrial property right. Neither shall it be liable for a User’s infringements of the personal privacy, honour and/or image of another User nor of a third party; these shall be the exclusive liability of the infringing party, whether these be comments made in forums, User opinions or audiovisual materials contributed by said User, if said functionalities exist. The User acknowledges explicitly and accepts his/her liability for the eventual consequences deriving from the infringement of the regulations concerning the abovementioned intangible goods and/or intangible assets, and undertakes to hold FANDROID harmless from any claim made for this reason in the terms set out above.

If you view on our Website any content which seems to you to be unlawful, harmful or offensive, we would be grateful if you would communicate this to us using this e-mail address: [email protected]

Listed below are some examples of standards and prohibited behaviour:

  • Users who are not resident in the assigned market (i.e., in the region from which they connect, as stated in the registration form) may not cash in prizes or participate in draws.
  • No exchanges or returns in prizes or draws are accepted.
  • If the User has won a prize and has not claimed it within thirty (30) days, he/she will lose the right to obtain it.
  • Prizes will be delivered within a maximum of ninety (90) days from the moment they are obtained, unless any circumstance occurs which obliges delivery at a later date.
  • Having more than one account on the Website is strictly prohibited.
  • The use of bugs, exploits or external programs is strictly prohibited, whether or not they alter the gaming experience, in order to obtain an advantage over a rival.

The following actions (and any other similar or similar ones) are prohibited and will result in the blocking of temporary activity and / or permanent banning from the platform and the partial or total loss of the gold and / or runes obtained to date:

  • Disrespecting a rival or the administration team.
  • Lying when protesting a game.
  • Falsifying evidence in order to obtain a victory in a game.
  • Awarding victories voluntarily between accounts
  • Fixing results.
  • Being banned from the game itself by decision of the developer / publisher (example: Vac Ban in CS: GO)

FANDROID reserves the right to modify the Conditions of Use at any time. If the Conditions of Use are modified, the new version will be made available to Users of the Website with sufficient notice, and all registered Users will be sent an information communication, with the possibility of obtaining their explicit acceptance if required.

 

5.-        LINKS

5.1.-     LINKS TO OTHER WEBSITES

The User states explicitly that he/she is aware that FANDROID does not manage or monitor other websites accessible via links on the Website, nor the content of such that he/she might access using different buttons, links, banners or embedded content. The User states explicitly that he/she is aware that the websites other than the Website, although they are accessible via a link inserted in it, like the content of other websites, are managed by third parties outside FANDROID, which has neither the human nor the technical means to have advance knowledge of, and/or monitor and/or approve the information, content, products or services provided by other platforms to which links might be established from the Website.

Consequently, the User states that he/she is aware that 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 with links on the Website 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 by FANDROID 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 with 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, the User explicitly states that he/she is aware that 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:

  1. The link may not reproduce the content of the Website, or parts thereof, in any way.
  2. The creation of browsers (or search engines) on sections of the Website is not permitted, nor may the Website be modified in any other way or access to its pages by avoiding the Website home page or without the internet user being aware that he/she is on the Website be encouraged.
  3. 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.
  4. 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 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.-        FANDROID’S LIABILITIES AND GUARANTEES AND RIGHT TO SUSPEND THE SERVICE

 

The acceptance of these Conditions of Use supposes that the User agrees with the rules for use of the content and/or services. Consequently, the User states explicitly that he/she is aware that the use of the Website is on his/her own account and at his/her own risk.

FANDROID is deeply committed to ensuring its service functions correctly and in compliance with the Conditions of Use. Without prejudice to the above, FANDROID is not in a position to prevent situations that might derive in liabilities from happening, particularly because of the intervention of ill-intentioned third parties. In these cases, FANDROID undertakes to act as quickly as possible to solve any problems that might be generated for Users, although it cannot guarantee the reliability, utility or veracity of all the information and/or of the services on the Website, nor the utility or veracity of the documentation made available through it, as there may always be action by third parties that are beyond its control.

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

  1. The continuity of the Website content;
  2. The absence of errors in said content;
  3. The absence of viruses and/or other harmful components on the Website or on the server that houses it;
  4. The invulnerability of the Website and/or the impossibility of the security measures adopted therein being violated;
  5. The lack of utility or performance of the Website consent;
  6. Any damages occasioned, to themselves or to a third party, by any person infringing the Conditions of Use or that might violate the Website security systems.

Notwithstanding the above, FANDROID has adopted all the necessary measures, within its possibilities and in accordance with the state of the art, to ensure that the functioning of the Website is appropriate, and to keep the errors to the minimum.

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, preferably by writing to the following e-mail address: [email protected], 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 cannot 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, and without prejudice to FANDROID’s right to claim the corresponding compensation for any damage or harm suffered.

 

7.-        PRIVACY POLICY

INTRODUCTORY NOTICE

The User undertakes explicitly to review all the aspects detailed in this Privacy Policy (and in the Conditions of Use, of which it forms part) and to ensure that he/she agrees with them before using the Website services. 

The User states explicitly that he/she is aware that, if he/she does not agree with, or for any reason does not comply with these Conditions of Use or, specifically, this Privacy Policy, he/she must leave the Website immediately and refrain from using it.

The User assumes, on an individual basis, any liabilities deriving from failure to comply with the abovementioned commitments, and undertakes to hold FANDROID harmless. Consequently, the User states that he/she is alone liable for any damage or harm that might be caused to FANDROID and/or to any third parties by said failure to comply.

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.

As you know, via the Website you can access tournaments organised by both FANDROID and by third parties not connected with FANDROID. Depending on who the third party organising the tournament is and the place where it is located, your details may be transferred outside the European Economic Area, and to countries which do not offer a level of protection comparable to that of the European Union in data protection. In any event, whenever your data might be transferred to a third party tournament organiser, we will inform you of its identity and you may, if you wish, decide not to participate in said tournament before your personal data are transferred. If you decide to participate, the Conditions of Use and the privacy policy of that third party organiser not connected to FANDROID will be applied to you, and you must address any claims you might have to that entity.

This Privacy Policy forms part of the Conditions of Use. Access to the Website, as well as to the corresponding ArenaGG profiles on social networks by Users, is also subject to the Conditions of use and the Privacy Policy of the Website.

 

7.1.-     WHAT INFORMATION DO WE COMPILE?

The User information that we compile depends on the way you interact with FANDROID via the Website. In general, we can divide it into two types:

  1. Information that you give us. This is the information about you that you provide when browsing the Website and as a result of your possible participation via the ArenaGG profiles on the social networks. The above includes, for example, the information you include when registering on the Website
  2. (Your nickname –identifier or alias-, the region from which you connect to the Website, the e-mail address you provide to us, your date of birth and the password you select), the information you give to us when you participate in certain tournaments for which you might sign up via the Website or for the despatch of any prizes you might win (for example, your home address, or the information you might include in the comments you publish or the content you might publish on our Website, and any photographs, voice recordings or audiovisual recordings you might send). This information may include, in addition to your name and surnames, e-mail address, postal address, your telephone number, your User name and your password. 

    To proceed with your registration you must complete the fields marked with an asterisk as mandatory, otherwise you will not be able to register as a user of the Website
     
  3. Any information you publish or disseminate via the ArenaGG profiles on the social networks or on the Website will become public information and will be available to visitors thereto and to the public in general. In this regard, you must exercise special care and diligence when divulging personal information or any other type of information on these sites.
     

You state that you are aware that the data you provide must be accurate and true, and must always be up to date; consequently, you undertake to update them when necessary. In this regard, you may access, rectify or cancel your details on the Website at any time by accessing your profile by means of your identifier (ID or login) and your password.

  • Information we compile about you. We may collect automatically data relating to the use you make of the Website, such as your IP address, unique device identifiers (UDID), your location, your time zone, and other details collected by means of cookies, as set out in the Cookies Policy.

 

7.2.-     HOW WE USE THE INFORMATION

 

Your personal data will be included in a file kept by FANDROID. The purposes for which FANDROID collects and processes your data are all related to your use of the Website, and are the following:

  • To manage and facilitate your use of the Website and your participation, via the Website, in the draws, tournaments and in the Professional Videogames League, and also to provide support for any doubts or problems you might have when you use our Website.
  • To contract our products or services and to use the payment methods made available for you on the Website.
  • To manage, where relevant, the communication and delivery of prizes for the draws, tournaments and Professional Videogames League which you access via the Web.
  • To publish the score rankings in the different tournaments, competitions, etc., both on the Website and in the social networks profiles.
  • To accredit that Users have accepted the Conditions of Use, this Privacy Policy and any other rules or regulations applicable to FANDROID.
  • When indicated by you, to send you information periodically with offers, promotions and news related to our Website, about future events and, in general, with news related to the videogames and e-sports sector or from companies belonging to the same Business Group de FANDROID http://entidades.imagina-media.com/, and also from third-party companies that sponsor and/or work with us.
  • To show you advertising related to your preferences, offer you professionalised services and carry out statistical browsing studies.
  • Your details and the content that you upload may be used to create and publish news and press releases on ArenaGG, both on the Website and in the corresponding social network profiles. In addition to the above, we carry out periodic inspections to guarantee that Users do not commit fraud or cheat. If we detect any serious infringement or attempted fraud, the User account that committed said offence will be blocked and prevented from registering a new account. In these cases of infringements of our Conditions of Use or of any other rules applicable to our Website, FANDROID is obliged to retain the personal data you have provided to us for a maximum period of 5 years, for the following purposes: (i) to be able to guarantee the security of the Website and of the other Users, (ii) to deal with any claims formulated by you, by other Users or by competent authorities ― whether or not they are derived from your infringement actions ―, and (iii) so that the administrators may, where relevant, assess the possibility of reactivating blocked accounts, once they have received a justified and reasoned request from the infringing User.

The basis that legitimates the processing of your data is, in general, your consent, however, FANDROID may also claim interest legitimate company to investigate possible irregularities, breaches or behaviors that are contrary to the ethics, legality or policies of the company, including the conditions of use of the website and in the public interest.

7.3.-     COMMUNICATIONS AND TRANSFERS OF DATA

By accepting this Privacy Policy, you accept that FANDROID may communicate your personal data to third parties, specifically to the following persons and/or organisations:

  • To companies belonging to the same FANDROID Business Group, that you may consult via the following link: http://entidades.imagina-media.com/) for the purposes given above.
  • To the Tax Authorities, to ensure that tax obligations are met, and also to Financial Institutions for the management of receipts and payments.
  • To the relevant Administrations, Judges and Courts, to the Spanish Data Protection Agency (AEPD), etc., in the case of disputes related to consumer rights, data protection and intellectual or industrial property, or to any other protected goods and/or rights.
  • To the State Law Enforcement Agencies, and to the Courts, for cases such as fraud in the use of payment methods.
  • To companies that might work with FANDROID to detect fraud in the use of the Website and the content and services offered therein.
  • In addition, if you check the box enabled for this effect, FANDROID may communicate your e-mail address and your date of birth, and any other information that you might provide, on an optional basis during registration on the Website, relating to your favourite game and to your gender, to companies working with FANDROID, and also to the sponsors of tournaments held on the Website, including, but not limited to: Media Markt, Orange Spagne, S.A.U., ASUS Ibérica, S.L., Versus Gamers, CAIXABANK, S.A., El Corte Inglés, Domino’s Pizza, Nissan, AOC, MSI, Razer, oZone, Bimbo, S.A.U. or any other third parties with whom it might work in the future or might be sponsors of the Website or of FANDROID.
  • Likewise, and if FANDROID should organise a classification tournament to participate in a second tournament organised by an organisation not connected to FANDROID, if you are classified, your data may be communicated to the entity organising said tournament, to manage your access, participation and the production of the tournament.

As a consequence of the above, and depending on who the third party entity organising the tournament is, and the place where it is located, bear in mind that your data may be communicated outside the European Economic Area, and to countries which do not offer a level of protection comparable to that of the European Union in data protection. In any event, whenever your data might be transferred to a third party tournament organiser, we will inform you of its identity and you may, if you wish, decide not to participate in said tournament before we transfer your personal data.

  • Also bear in mind that said organising entity might reproduce, communicate publicly, make available, distribute and, in general, give its tournament the maximum exposure; this will include your participation therein and, where relevant, any statements and/or interpretations you make for it, in any medium, system and format, including television, online platforms and Social Networks.

 

7.4.-     COMMERCIAL AND PROMOTIONAL COMMUNICATIONS

One of the purposes for which we handle the personal data provided by Users is to send electronic communications with information relating to relevant offers, promotions and/or news for Users related to videogames and e-sports.

Whenever we make a communication of this type, it will be directed solely and exclusively to those Users who have explicitly authorised the receipt of such communications in advance, either when they registered as a registered User on the Website or subsequently.

If the User wishes to stop receiving commercial or promotional communications from FANDROID, he/she may ask to be de-registered from the service by sending an e-mail to the specific e-mail address: [email protected] or by using the links provided for this purpose in the communications sent by FANDROID or in the email address indicated in section 7.7. of this Privacy Policy.

In addition, and if you have checked the box referred to in section 7.3 of this Privacy Policy and agree to your e-mail and your date of birth, together with any information you might have provided relating to your favourite game and to your gender, said data may be communicated to third parties, said data may be communicated to the entities referred to in the previously mentioned section 7.3, and to future entities working with or sponsoring FANDROID or the Website, so that they can contact you and send you commercial communications relating to their products or services, or any information they consider might be of interest to you. If you wish to stop receiving communications from these third party entities, you will have to (i) contact them to request de-registration or resort to the means they make available to you in the commercial communications they send you; (ii) notify FANDROID or in the email address indicated in section 7.7. of this Privacy Policy that you have withdrawn your consent for your data to be transferred to third parties for the abovementioned purposes.

Bear in mind that, if you make the communication described in section (i) but do not inform FANDROID that you are withdrawing your consent to communicate your data to third-party organisations, FANDROID will not be aware of your wish and will not be able to apply it. Consequently, we ask you inform us as soon as possible of any change of opinion in this regard.

 

7.5.-     MINORS YOUNGER THAN 14 YEARS OLD

In order to register and make use of our Website you must be at least 14 years old, or the equivalent minimum age in the jurisdiction that corresponds to you, which under no circumstances may be less than 14 years old. In other words, if you are aged 13 or younger, you CANNOT use our Website.

 

7.6.-     POLICY ON RETAINING INFORMATION

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

  • Information you have published on the ArenaGG social network profiles: this information will be available publicly until you decide to delete it.
  • Information you have provided during your registration on the Website: this information will remain in our databases until you request that your details be deleted.
  • If you request deletion of the details provided during your registration on the Website or when using the Website, we will block said information in our databases and it will remain available exclusively to the Courts, the Public Prosecution service or other competent Public Administrations, in particular the data protection authorities, for the possible apportionment of liabilities to reply to any claims and to guarantee the right to defence of FANDROID, of the companies in the same Business Group and/or of its Users. Said information will remain blocked for a maximum period of five (5) years.
  • If you decide to cancel your account using the Website “Control Panel”, your details will also remain blocked in our databases, to deal with possible liabilities for a maximum period of five (5) years. Any point scores that you might have generated up to that moment, and any non-personal content and details that you might have housed will also be kept associated with your nickname or alias so that no other User can pretend to be you. If you also wish us to delete your nickname or alias, request this via e-mail and we will cancel it immediately.
  • Information provided for the delivery of prizes: we will retain the information relating to your address and any other information you might provide for the delivery of prizes for the time period necessary to prove that said prizes have been delivered and blocked to deal with possible liabilities for a maximum time period of five (5) years.
  • Information registered by checking the checkbox (or box to show acceptance or consent): this information remains registered (and blocked) in our databases for a maximum period of five (5) years from the moment you de-register as a registered User or stop using the website for any reason, to enable us to prove to the data protection authorities that we are complying with our obligation to obtain consent to handle the information you provide to us in accordance with the terms of this Privacy Policy, the Conditions of Use and other binding legal bases or documents that might be published on the Website.
  • If we detect that any User has committed fraud, we will block their account for a period of two (2) years, after which time we will delete it, without prejudice to keeping your personal data blocked for a maximum period of five (5) years to deal with possible liabilities, to reply to possible claims and to guarantee the right to defence of FANDROID, of the companies in the same Business Group and/or of its Users .
  • Similarly, if, as a result of your participation in an initiative or tournament organised by FANDROID, you have transferred to us the rights of use deriving from your participation or involvement therein, FANDROID may keep that information allowing it to demonstrate that it is the lawful transferee of the usage rights for said initiative or tournament for as long as they do not enter the public domain, according to the time periods established by the Law on Intellectual Property; this may mean them being kept for a period of more than seventy years, and the audiovisual recordings made kept in its files or press library for an unlimited time, for dissemination and broadcast  in any medium, system or format all over the world.

 

7.7.-     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 via e-mail to [email protected]mediapro.tv. Keep in mind that this account e-mail address is only intended for the reception of opposition requests sending commercial communications or issues related to the protection of user data. If you have any doubt, suggestion or query regarding the Website, please contact us at the email address [email protected]

Similarly, Users have the right to present a claim, when they consider it appropriate, to the supervisory authorities; in particular, they may write to the Spanish Data Protection Agency (AEPD).

 

8.-        COOKIES POLICY

 

8.1.-     INSTRUCTIONS FOR DEACTIVATING COOKIES

You may withdraw your consent to cookies at any time.

Changing your browser settings. If you wish to eliminate the cookies stored on your device and configure your browser to reject cookies, you can do so using your browser’s preference settings. Normally the browser settings for cookies can be found in the “Options”, “Tools” or “Preferences” menus in the browser you use to access this website. However, depending on the browser you use, there are various ways of disabling cookies. For more information, click on the following links:

If you configure your browser to reject the use and storage of cookies on your computer, you will still be able to browse our website. However, some options or functions may not work correctly.

Online deactivation of cookies:

FANDROID understands that if you do not deactivate the cookies and continue browsing the Website, you are aware of their existence and consent to them being installed on your computer, mobile device, etc.

In any event, you can always personalise the use of “cookies”, and prevent “cookies” from being compiled, by modifying the options on your browser. The most common ways are those given below. We offer you a summary of the instructions for you to be able to deactivate the cookies more easily:

  • Firefox: Options\Privacy\Tracking\tell websites that I do not want to be tracked.
  • Chrome: Chrome Menu\Settings\Show advanced settings\Privacy\Content settings\Cookies\block cookies by default.
  • Safari: Preferences\Privacy\Block Cookies.
  • Explorer: Tools\ Internet Options\Privacy\Settings\move the sliding control right to the top to block all cookies or right to the bottom to allow all cookies and then click on OK.

On a Smartphone, Tablet or other mobile device, the cookies can be uninstalled or deleted by using the device’s Settings menu.

If you block “cookies” completely, this may prevent certain websites from being displayed correctly.

8.2.      CONCEPT AND TYPES OF COOKIES

 “Cookies” are small text files stored on the User’s computer (or on another device, such as a laptop, tablet or smartphone) when he/she visits websites. They are very useful for ensuring that these sites function more efficiently: for example, if a User selects his/her preferred language on the “homepage”, the website will remember this preference and the User may continue browsing the website in his/her selected language.

FANDROID uses third party services to find out how you use this website and to optimise your User experience, amongst other things. These third parties may also use cookies, over which we have no control. In addition, you must bear in mind that the platforms for non-professional games and/or competitions that you access via the Website have their own cookies policies, which are not connected to FANDROID’s policy.

According to the function and the purpose of the cookies, they are normally divided into the following categories:

  1. Cookies that are strictly necessary: they allow you to move around the website and use its basic functions. These cookies are indispensable for using this website.
  2. Functionality cookies: these are used to recognise you when you access our website again and allow us to offer you more personalised functions, such as using your identifier, nickname or alias to greet you, and remembering your preferences. These cookies collect anonymous information and cannot track your movements on other websites.
  3. Analytics and performance cookies: these allow us to recognise and count the number of visitors, and also to gather information on how the website is used (e.g. which pages a visitor opens most frequently and whether the User receives error messages on some pages). This helps us to improve the way our website works, for example ensuring that Users find what they are looking for easily.
  4. Marketing and preferences cookies: these record your visit to our website, the pages you have visited and the links you have followed. We will use this information to show you advertisements that are more important for you and your interests, provided you have agreed for us to do so. They are also used to limit the number of times you see an advertisement and to help to improve the effectiveness of advertising campaigns. We may also share this information with third parties (such as advertisers) for these purposes.

Depending on who owns them, cookies can be divided into two types: “first-party cookies” and “third-party cookies”:

  • “first-party cookies” are created by FANDROID and used by FANDROID to operate the Website.
  • “third-party cookies” are created by third parties not connected with FANDROID, which do not operate the Website and, consequently, are third-party companies not associated with FANDROID.

 

8.3. COOKIES USED ON THE WEBSITE

The Website uses the following “cookies”:

Cookie

Management

Duration

Purpose

PHPSESSID

Own

Session

This cookie keeps the User identified on the Website, allowing him/her to interact with it. This cookie is essential for the functioning of the Website..

REMEMBERME

Own

One year

This cookie is only used if you have selected the option for the website to remember your User data when initiating the session. It is used to enable the Website to recognise you as a User in subsequent visits and avoid you having to re-enter the information relating to your Nickname or e-mail and password to initiate a session.

__cfduid

Third-party:

cloudflare.com

One year

This cookie is provided by CloudFlare and allows trusted web traffic to be identified. Specifically, it is used to identify individual Users behind a shared IP address and apply security settings per visitor to the Website. For example, if the visitor is in a cafeteria where there are a large number of infected machines, but the specific visitor’s machine is trusted, the cookie allows us to identify that User. It does not correspond to any User ID in the web application, and does not store any personal identification information. You can find more information on the way CloudFlare works at the following link: https://www.cloudflare.com/es/

_ga

Third-party:

Google Analytics

Two years

This cookie stores a unique client identifier (client ID), allowing a distinction to be drawn between Users of the Website and also calculation of the number of visits made to the Website.

_gat

Third-party:

Google Analytics

10 min

This cookie does not store any type of User information. It is a cookie introduced by Google Analytics automatically and its purpose is to monitor the number of requests made.

 

With regard to the cookies offered by Google Analytics, we suggest you consult the following link https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage where you will find information on how Google Analytics uses cookies, and how to disable them.

 

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. Users will be appropriately informed of all the above, according to the circumstances.

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, and the User may not claim any compensation from FANDROID for such actions. Consequently, the User explicitly accepts that FANDROID has this power and, for clarification purposes, explicitly waives any right to initiate actions to claim damages from FANDROID for the actions listed in this section.

If FANDROID should opt to terminate the provision of the Website service in the terms expressed above, the User shall be obliged to delete and/or 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 explicit acknowledgment and 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, which we reproduce here for your convenience:

  • FANDROID postal address: Avda. Diagonal, 177-183, Edificio Imagina, 08018, Barcelona.
  • FANDROID e-mail address: [email protected]

FANDROID undertakes to seek, at all times, an amicable solution to any disputes that may arise.

 

11.- ONLINE DISPUTE RESOLUTION PLATFORM

If the User has to submit any type of claim relating to the purchase of any good or service made via the Website, he/she also has available the EU online dispute resolution platform, which can be accessed using the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

 

© 2019 FANDROID ENTERTAINMENT, S.L. All rights reserved.

 

Most recent update: 11/03/2019