INTRODUCTORY NOTICE: CONDITIONS OF USE FOR THE WEBSITE AND POSSIBILITY OF ACCESSING PLATFORMS OUTSIDE PRO PLAY ESPORTS’ CONTROL, GOVERNED BY THEIR OWN REGULATIONS
This document (hereinafter, the “Conditions of Use”) regulates the use of the Website www.proplayesports.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 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 games and/or competitions. These games and/or competitions are organised by Pro Play Esports via the Website, but are developed on platforms which are not part of the Website, are independent of it and, consequently, are beyond Pro Play Esports’s control. When you agree to participate in said games and/or competitions, you are entering an environment controlled and regulated by the operator directing the platform on which the 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 Pro Play Esports for anything that may happen on the platforms on which the games and/or competitions are developed, as these platforms are outside Pro Play Esports’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 Pro Play Esports 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 game and/or competition, whether or not you do so via the Website.
1.- ACCESS TO, REGISTRATION AND USE OF THE WEBSITE RESTRICTED BY THE 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 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.
All the information provided by the User to the Website must be true. For these effects, the User guarantees the authenticity of all data communicated and undertakes to keep the information given to Pro Play Esports 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 Pro Play Esports 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. This means that the User’s identity will always be considered non-transferable.
The password created by the User will be valid for an unlimited period of time, although Pro Play Esports recommends that you change it periodically; we will make it easy for you to make this modification via your User profile.
In addition, Pro Play Esports 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 Pro Play Esports. 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 a Registered User of the Website.
Given the above, it is the User’s obligation to notify Pro Play Esports immediately, 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 Pro Play Esports can proceed to cancel it immediately. If such circumstances are not communicated by the User, Pro Play Esports 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 through a third party 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 at the responsible third party’s discretion prior to any changes being made, and prior to use and enjoyment by the User. Pro Play Esports reserves the right to grant or deny refunds, likewise for the cancellation of services or subscriptions.
Some services on the Website that are accessible to Users, or exclusive to customers of Pro Play Esports, 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 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 other activities developed by Pro Play Esports, the User must accept in full, without reservations, the legal bases regulating said participations and, specifically, the following:
2.- RULES OF USE OF THE WEBSITE, USER LIABILITY AND GUARANTEE TO HOLD PRO PLAY ESPORTS 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 Pro Play Esports 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, or others, causes damage to Pro Play Esports’s physical or logical systems, its values and morals, 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 Pro Play Esports adopting appropriate measures protected by the Law and in the exercise of its rights or obligations, which includes but is not limited to 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 Pro Play Esports and/or any third parties. To this effect, the User explicitly acknowledges and agrees to hold Pro Play Esports 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 Pro Play Esports 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 Pro Play Esports provided they meet certain requirements. Said areas may be Pro Play Esports’ own and, consequently, dependent on and controlled by Pro Play Esports, or outside Pro Play Esports’s control. The User acknowledges and explicitly accepts that, in the case of independent social networks that are unconnected to Pro Play Esports, Pro Play Esports 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 Pro Play Esports and those outside its control —, the other Users of the Website may access and use all the content published by the User. Pro Play Esports cannot control the use made by other persons of such content and, consequently, Pro Play Esports cannot be held liable for it.
Pro Play Esports 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 Pro Play Esports 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 Pro Play Esports a non-exclusive licence to use such content, in such a way that Pro Play Esports 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”). To this effect, the User explicitly authorises Pro Play Esports to allow any others to carry out the operational acts authorised in the Licence, for the use of the content via the internet and or using any technology. 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 Pro Play Esports 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:
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;
Content that includes photographs including images or personal data of third parties without having obtained the appropriate consent of their owners;
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;
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;
Content containing “spam” and/or links to websites with no relation to the corresponding space;
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 Pro Play Esports harmless in the terms referred to above. Even if no claim is made by a third party, Pro Play Esports 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. Pro Play Esports will also prosecute any failure to comply with the above mentioned conditions, and any undue use of the content presented on the Website, exercising all the actions of any nature that might correspond to them.
Pro Play Esports 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 Pro Play Esports 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, Pro Play Esports 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 Pro Play Esports or third parties. Likewise, the User (registered or not) undertakes to notify Pro Play Esports 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, Pro Play Esports 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 rights. Neither shall it be liable for a User’s infringements of 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 the 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 above mentioned intangible goods and/or intangible assets, and undertakes to hold Pro Play Esports 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.
Pro Play Esports 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.