TERMS AND CONDITIONS
This agreement sets out the basis on which PLAYVALVE ("PLAYVALVE") will make the Application available to you.
The owner of the Application is PLAYVALVE, with N.I.F. ESB67449488, with registered office at Carrer Arago 383, Barcelona 08013, Spain,
Access to and use of this Application is free of charge and requires acceptance of these Terms of Use.
IMPORTANT NOTICE
BY USING PLAYVALVE'S APPS OR SERVICES YOU AGREE THE TERMS OF USE OF THE APPLICATION, INCLUDING YOUR CONSENT TO THE PRIVACY POLICY (SEE CONDITION 1.4) AND THE LIABILITY LIMITATIONS (SEE CONDITION 7).
INDEX
1. ACCEPTANCE 2
2. APPLICATION PERMISSIONS 2
2.1. The application may use a number of device permissions for different functionalities, such as sending push notifications. 2
3. AUTHORISATION AND SCOPE OF THE LICENCE 3
4. LICENCE RESTRICTIONS 3
5. RESTRICTIONS ON ACCEPTABLE USE 3
6. INTELLECTUAL PROPERTY RIGHTS 4
7. LIABILITY LIMITATIONS 4
8. TERMINATION 4
9. COMMUNICATIONS BETWEEN THE PARTIES 5
10. OTHER IMPORTANT TERMS 5
1. ACCEPTANCE
1.1. The Terms and Conditions of Use of this Application constitute the Services provided to you, including any updates or additions to the Application.
1.2. The information contained herein is current as of the date of the last update of the Application. PLAYVALVE reserves the right to change these terms at any time by notifying you at the time you launch the Application. You may be required to read and accept the new terms in order to continue using the Application and Services. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Application and accepted the new terms. In addition, PLAYVALVE reserves the right to prevent or restrict access to its content temporarily or permanently.
1.3. For devices on which the Application is downloaded ("Devices"), you are presumed to have obtained permission from the owners if you are not the owner. Such owners or you may be charged by the provider providing internet service on the Device. You are responsible, subject to the terms of this document, for your use of the Application, or any associated Services, on any Device, whether or not you own the Device.
1.4. The terms of our Privacy Policy are available for consultation at Privacy Policy and form part of this text. By using the App or any Service, you expressly know and acknowledge that transmissions over the Internet are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by a third party, even if you are advised that the particular transmission is encrypted.
1.5. By using the Application or any of the Services, you consent our collection and use of technical information about the Devices and software, hardware and secondary information in the case of internet-based or wireless Services for the purpose of improving our products and to provide Services to you.
1.6. PLAYVALVE analyses the use of the application by the user in order to constantly improve PLAYVALVE's mobile applications and to correct software errors immediately.
1.7. Any words followed by the terms "including", "included", "in particular" or "for example", or any other similar expressions, are to be construed as illustrative and not restrictive.
2. APPLICATION PERMISSIONS
2.1. The application may use a number of device permissions for different functionalities, such as sending push notifications.
2.2. In order to configure the application's push notifications, you must access the settings of your mobile device:
- In Android settings select the PLAYVALVE application and from "Permissions" or "Notifications" you can disable pop-up notifications from this application.
- On iOS you will be asked for consent when installing the application, however, you can configure this from the iOS settings in the "Notifications" section.
3. AUTHORISATION AND SCOPE OF THE LICENCE
3.1. In consideration of your consent to agree the terms and conditions, we grant you a non- transferable, non-exclusive licence to use this Application on the Devices, subject to these terms and the Privacy Policy. We reserve all other rights.
4. LICENCE RESTRICTIONS
Except as expressly prohibited or permitted by any local legislation, you agree to:
(a) not copy the Application, except where such copying is necessary for back-up or operational security purposes;
(b) not to rent, lease, sublet, assign, transfer to third parties, publicly communicate, lend, translate, merge, adapt, vary, transform or modify this Application;
(c) not alter or modify, in whole or in part, the Application, or permit the Application or any part thereof to be combined with, or incorporated into, any other programme;
(d) not disassemble, decompile, use reverse engineer or create derivative works based in whole or in part on the Application or attempt to do any of those things unless, under patent law, such actions are not prohibited as essential to achieve interoperability of the Application with another software program, provided that the information you obtain in the course of such activities:
(i) is only used to achieve interoperability of the Application with another software program;
(ii) is not unnecessarily disclosed or communicated to a third party without prior written consent; and
(iii) is not used to create any software that is substantially the same as the Application;
(e) keep safe all copies of the Application, as well as an accurate and up-to-date record of the number and location of all copies;
(f) include our copyright notice on all copies or partial copies you make of the Application in any mean;
(g) not to provide or otherwise make the Application, in whole or in part (including object and source code), accessible to any person without our prior written consent; and
(h) comply with all technology and export control legislation applicable to the technology used or relied upon by the Application or any Service.
5. RESTRICTIONS ON ACCEPTABLE USE
It is prohibited:
(a) Use the Application in an unlawful manner, for illegal purposes or in contradiction with these terms and conditions, or act in a fraudulent or malicious manner, for example, by hacking or introducing malicious code, including viruses, or harmful data, into the Application, the Services or any operating system;
(b) Infringe our or any third party's intellectual property rights in connection with your use of the Application or any Service;
(c) Transmit defamatory, offensive or otherwise objectionable content in connection with your use of the Application or any Service;
(d) Use the Application in any manner that could damage, disable, overburden, overburden, impair or compromise our systems or security or interfere with the use of the Application by other users; and
(e) Harvest or collect information or data from our Services or our systems or attempt to decipher any transmission to or from our servers during the operation of any Service.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The Application, its pages and each of the elements that make them up (texts, drawings, photographs, distinctive signs, reference to brands, etc.) are protected by Intellectual Property Law.
6.2. You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our contributors, that the rights in the App have been licensed (not sold) to you, and that you have no rights in or to the App other than the right to use it in accordance with these terms and conditions. You further acknowledge that you have no right to access the Application in source code form.
7. LIABILITY LIMITATIONS
7.1. We only provide the App for domestic and private use. You expressly agree not to use the Application for commercial, business or resale use, and that we shall have no liability whatsoever for any loss of profit, loss of business, business interruption or loss of business opportunity.
7.2. We will only be liable for loss or damage you suffer which is a foreseeable result of our breach of this but we will not be liable for any unforeseeable loss or damage. Damage or loss is foreseeable if it is an obvious consequence of our breach or if it is so considered by you and us.
7.3. Nothing in these terms and conditions shall limit or exclude our liability for:
(a) death or injury to persons resulting from our negligence;
(b) fraud or fraudulent misrepresentation or misrepresentation by us; and
(c) any other liability that cannot be excluded or limited under Spanish law.
7.4. PLAYVALVE cannot guarantee uninterrupted access or the correct visualisation or use of the elements contained in the Application, which may also be affected by circumstances beyond its control.
7.5. PLAYVALVE assumes no liability for damages arising from: faults, telephone breakdowns, interruptions, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond its control; unlawful interference, such as computer viruses or any other.
8. TERMINATION
8.1. We shall be entitled to terminate these terms and conditions immediately by notifying you in writing:
(a) if you materially or persistently fail to comply with these terms and fail to remedy such failure (if possible) within 14 days of receiving written notice requiring you to do so;
(b) if it breaches any of the restrictions.
8.2. In the event of termination for any reason:
(a) all rights granted to it shall cease;
You shall immediately cease all authorised activities, including your use of any Services; and
(c) you must delete or remove the Application from all Devices, and immediately destroy all copies of the Application in your possession, custody or control and, upon our request, certify to us that you have done so.
9. COMMUNICATIONS BETWEEN THE PARTIES
9.1. If you wish to contact us in writing, or if any term requires you to notify us in writing, you may send us your communication by e-mail to (...).
9.2. In the case we need to contact you or notify you in writing, we will do so by e-mail or post to the address you provided to us when you applied for the Application.
10. OTHER IMPORTANT TERMS
10.1. We are entitled to transfer our rights and obligations to another organisation, company or entity, but this will not affect your rights and obligations. You may not assign your rights and obligations to another person.
10.2. Our failure to require you to perform your obligations or our failure to exercise or delay in exercising our rights shall not constitute our waiver of our rights against you, nor shall it mean that you are not obliged to perform your obligations. If we waive our claim for a breach by you, we shall do so only in writing and this shall in no way waive our claim for subsequent breaches by you.
10.3. Each of the terms and conditions operates separately. If any court or competent authority decides that any of them are invalid or unenforceable, the remaining terms and conditions shall continue to apply and shall remain in full force and effect.
10.4. These terms and conditions, their performance, formation and interpretation are subject to Spanish law. The parties expressly submit to the courts of the city of Madrid for all disputes that may arise. This agreement is effective from the time you check the "I accept" box below.
For more information about the processing of personal data in this Application, please contact contact@playvalve.com
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