LEVERADE Terms and Conditions
TERMS AND CONDITIONS OF USE
1. INFORMATION SOCIETY SERVICE PROVIDER
The present terms and conditions of use ("Terms") govern the access and use of the LEVERADE Platform and the services offered through it (from now on, the "Portal" or "the Services") myLeyenda Entertainment, S. L with registered office at Calle Amanecer, 41, Murcia (Spain), C.P: 30100. and with CIF B73763278 (hereinafter "LEVERADE") and registered in the Commercial Registry of Madrid, page MU-79399, Volume 2903, Folio 28 of the Book of Companies.
LEVERADE is a competition management platform that provides service to any entity or person interested in managing their competitions with the technology we provide. You can access LEVERADE in different ways: Organizer, team administrator, refereeing committee, referee, player and/or supporter/fan. Each of these ways allows you to interact in a different way with the platform and the information published on it. As you obtain medals and move up in the different rankings, you will have access to an online service where you can reach commercial agreements with companies and/or brands that, being interested in the data and achievements of your profile, will become your sponsors, in exchange for different benefits, such as brand or company discounts, direct gifts, access to special promotions, etc. In addition, LEVERADE offers you an online advertising service to access sports events sponsored by companies and / or brands, where you can benefit from offers on products and services, and / or promotions of products and direct services, draws etc. Finally, LEVERADE offers you and your friends the access to a data base where you can find a wide catalogue of sport facilities that you can designate as the place where you can practice your favourite sports. And, of course you will be able to share the LEVERADE experience on social networks.
If you wish to review the terms of the Contracts, you can find the current version of the Contracts on the LEVERADE website. Please confirm that you have read and understand the Contracts, that you accept these Contracts and that you will comply with them. If you do not agree with the Agreements, or cannot comply with them, do not use the LEVERADE service or its content.
Read the Agreements carefully. They include important information about the LEVERADE services we provided to you, as well as information about charges, taxes and fees that we will charge for these services. The Contracts include information about future changes to the Contracts, automatic renewals, limitation of liability, private information, and a mechanism for resolving disputes arising from the use of LEVERADE.
Any information you provide during the registration process may be modified during that same process; to do so, you must return to the previous screens and modify the wrong data. You must keep your information updated at all times, so that you can make use of the available space on the platform provided by LEVERADE for this purpose.
3. STANDARD RULES
The use of LEVERADE implies that you fully and without reservation accept each and every one of the provisions included in the Contracts, so if you do not agree with any of the conditions set out here, you should not use or access this site. We reserve the right to modify this Privacy Statement at any time, as well as the Terms and Conditions of Use, and the contractual documents that may affect particular conditions, offers, promotions, etc. LEVERADE will inform about such modifications in the Contracts in accordance with Clause 4 of these Terms. The continuous use of any section of the LEVERADE services after the notification or announcement of such modifications will constitute an acceptance of them; except when LEVERADE provides a mechanism for their express acceptance.
Neither the registration or use of the full range of products and services offered to you will be possible without the explicit consent of these Terms and Conditions of Use.
These Terms and Conditions and the Contracts of use will apply to all LEVERADE access points. In particular, you can access LEVERADE from any web browser and any electronic device that has the necessary operating system to run the application. In particular, you will be able to access LEVERADE from any web browser and electronic device with operating systems where the LEVERADE application is available.
4. CONTRACT CHANGES/MODIFICATIONS
Occasionally and at our discretion, we may implement changes in the Contracts. If we implement significant changes to the Agreements, we will notify you in the way we consider most appropriate; for example, we will display a posted notice on the Service or send you an email. In some cases we will notify you in advance, and your continued use of the Service after the changes are implemented will constitute your acceptance of the changes. Therefore, please be sure to read the notice carefully. If you no longer wish to use the Service under the new Agreement, you may terminate the Agreements and contact us via the Customer Service contact form.
5. THIRD-PARTY APPLICATIONS
LEVERADE service is integrated with third party applications, websites and services ("Third Party Applications") to make content, products or services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications will be governed by and subject to those terms and conditions and privacy policies. You understand and agree that LEVERADE does not support and is not responsible for the conduct, features, or content of any Third Party Applications or any transactions you may enter into with the provider of such Application.
6. BENEFIT OF LEVERADE
Below you will find information about the different options available to enjoy the LEVERADE services.
Our free service
LEVERADE free service is currently called "Free Service" or "free plan". It is a service that all organizers can access by the simple act of registering and that can be limited both in the time of use and in the services included.
It is composed of functionalities that can be modified at any time and according to the commercial criteria that LEVERADE decides to apply. These modifications could be carried out without previous communication and without the need to obtain the consent of those users who could be affected. LEVERADE, as owner of the Service, grants you a limited and revocable license of use.
Our services and fee-based subscriptions
Certain LEVERADE services are free of charge. But for other LEVERADE services you must pay before using them. The LEVERADE services that you can access after making a payment are currently called "Friends Plan", "Amateurs Plan", "Professionals Plan" and "Website Plan" and together, they are called "Paid Subscriptions". For more information about our services, please access the following URL https://leverade.com/signup
In case you want to purchase any of our payment services (from now on, Payment Services) you must go to the relevant section of our website, where the steps you must follow to contract them will be indicated:
Before contracting the Payment Services you will be able to access all the detailed information on each plan, as well as its price and payment conditions. The prices will not include the taxes that could be applicable, such circumstance will be indicated in the description offered of the product. The contracting can be carried out in Spanish language and LEVERADE does not have established mechanisms to identify the inclusion of erroneous data during the process of contracting; therefore it will be necessary to be careful and diligent in the completion of data and in the contractual training provided to LEVERADE. LEVERADE does not keep the contracts accepted by each user individually, so you can access the contracts, as well as the information of the payment services and proceed to print or download them for conservation.
Documentary confirmation of the contract made:
Once the process of contracting our Payment Services has been completed, LEVERADE will send you a documentary confirmation of the same, either through a pop-up message on the screen of your terminal or by sending an e-mail or equivalent means of communication, indicating the main characteristics of the Payment Service purchased.
Duration: The duration of our paid services will be determined by the conditions of the services. Paid subscriptions can be purchased either (1) for a monthly subscription fee or (2) for an annual subscription fee. The period starts running from the moment the user contracts the Paid Service until the same day of the following month (or year, depending on the period contracted).
RIGHT TO WITHDRAW
Since LEVERADE provides the supply of digital content that is not provided in a physical medium. At the moment the user starts to use the service he will lose the right of withdrawal. Otherwise, you can withdraw from the contract within 14 days from the date you signed up; to do so, please contact [email protected]. And indicate that you wish to exercise your right of withdrawal.
ONLINE CONSUMER DISPUTE RESOLUTION
In compliance with the provisions of Law 7/2017 of 2 November, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes, Please note that as a consumer the European Commission is making available the European Online Dispute Resolution (ODR) Platform for Online Dispute Resolution with the aim of making online purchases more secure and equitable by providing access to quality dispute resolution tools, if necessary.
You can access the Platform, as well as all the information you need for the resolution of possible consumer complaints, through the following link:
You can also access the official website of the European Consumer Centre in Spain (ECC Spain) via the link below, where you can request and access information on your consumer rights and obligations so that you can take advantage of the possibilities offered by the European internal market:
Renewal and/or Cancellation:
Such pre-paid subscriptions will be automatically renewed at the end of the subscription period, unless you cancel the paid subscription through the means enabled for this purpose by LEVERADE on the website, before the end of the current subscription period.
The cancellation will take effect the day after the last day of the current subscription period and you will be upgraded to the Free Service category if the latter is active.
Example 1: Juan, the head of the indoor football league in Alcorcón hires the "Friends Plan" of 4.99 euros/month on September 15, 2016. On 15 October 2016 he will receive the subscription fee of 4.99 euros again if he does not cancel the plan. He could choose to take on the annual cost of that same plan, which would amount to 49.99 euros/year, but he prefers to do it on a month-to-month basis and, when the summer arrives, cancel it in order to re-subscribe when the league starts.
The user can also change the contracted plan to a bigger or smaller one if he wishes, or even change the period. For example, change from a monthly plan to an annual one. If a change of this nature takes place, the system always takes into account the previous contract as long as it remains in force. If the term of a plan has ended after it has been cancelled (i.e. not renewed), it will be like starting over again for all billing and service usage purposes if you want to sign up again.
Example 2: Juan has realized that he needs to improve the management of the league with more advanced options in LEVERADE, and wants to hire a higher cost plan. He decides to purchase the "Amateurs Plan", which costs 14.99 euros per month. It is October 5, 2016, and the system charges him the proportional part of the cost of that plan until October 15, since the first contract was on September 15.
The cost is 14.99 euros, from which 4.99 euros are deducted, which he paid when contracting the "Friends Plan" plan. In addition, the time remaining until the renewal or completion of the plan is estimated to calculate the overcost, taking as a reference the cost of the plan "Amateurs". Therefore, to Juan the system will charge 4.99 euros more until next October 15th, which will pay 14.99 euros. At that time his plan will be effective until November 15.
Example 3: Juan has realized that he needs to improve the management of the league with more advanced options in LEVERADE. He had cancelled the "Friends" plan so that as of the 15th it would no longer be renewed. But he wants to hire a higher cost plan until that period. He decides to buy the "Amateurs" plan, in this case the same calculation as in example 2 will be applied.
LEVERADE may periodically change the price of paid Subscriptions and will inform you of any price changes in advance and, if applicable, how to accept those changes. Price changes for paid Subscriptions will become effective at the beginning of the next subscription period after the date on which the price change is made. To the extent permitted by law, if you continue to use the LEVERADE service after the price change takes effect, it will constitute acceptance of the new price. If you do not agree to the price change, you have the right to refuse the change and cancel your subscription to the LEVERADE service before the price change takes effect. Therefore, be sure to read the notification of the price change carefully.
Currently we are considering the following payment methods:
Credit card Payment. The payment service provider is an external platform to LEVERADE and has a connection mechanism to which you will be referred once you select this payment method. Once you access this platform you must follow the steps indicated there and finish the process correctly according to the terms and conditions determined by the mentioned provider.
Payment by Bank Transfer. For this purpose, LEVERADE will provide you with the data so that you can make the payment through this system. In any case, the Payment Service will be conditioned to the effective reception of the transference by LEVERADE; THEREFORE THE USER WILL NOT BE ABLE TO ACCESS THE PAYMENT SERVICES as long as the payment has not been verified in an unequivocal way.
The means and payment methods set out in this clause can be modified by LEVERADE at any time.
Additionally, the means of payment may not be available in full for all the Payment Services, and LEVERADE may limit the availability of the same for some or all the Payment Services available at any time on the platform.
7. YOUR RESPONSIBILITIES
Access to this website confers the condition of User and expresses the full acceptance, without reservations, of all the conditions of the Terms and Conditions; as well as any other Regulations, Rules of Use and Obligations that may be applicable. Access to this website confers the condition of User and expresses the full acceptance, without reservations, of all the conditions of the Terms and Conditions; as well as any other Regulations, Rules of Use and Obligations that may be applicable.
You can only register for LEVERADE if you are over 14 years old. The access will be limited to a part of the service -Free Service-, not being able to contract Payment Services as you are not older than 18 years old and do not have legal capacity to contract. Therefore, in order to contract any service, it will be necessary to obtain the consent of your parents, tutors or legal guardians, in case you are underage. LEVERADE may condition the provision of its Paid Services to obtaining the appropriate documentation proving that your parents, guardians or legal custodians have given their consent to the contracting of the Paid Services.
The participation of all users helps to create an appropriate space for all of them. Comments and content published by users can be seen by all users, and therefore politeness and fairness are mandatory.
In this sense, LEVERADE reserves the right to moderate and, if necessary, delete without prior notice, those contents that may be inappropriate or offensive, contrary to the Terms and Conditions of Use or contrary to the Law, morality and good manners.
Without prejudice to the above, the will of LEVERADE is to provide a space suitable for the purpose of its website, therefore and with the aim of avoiding the moderation of contributions, we invite users to comply with the following RULES OF USE/OBLIGATIONS.
- Express your opinions with politeness and correct and educated language.
- Avoid dealing with private discussions between users outside the purpose of the page.
- Not to defame, abuse or violate the legal rights of other users, in relation to advertising and privacy, respecting their privacy (not to publish the personal data of other users such as mobile phone, email, postal address, etc.). To this end, Users guarantee that they have the consent of the persons concerned to include their images and/or to process their personal data in accordance with the applicable legislation.
- Not to carry out actions contrary to the law, morals and good customs and very particularly, not to carry out unauthorized distribution of software, photos, images, not to carry out harassment, fraud, illegal trafficking, defamation, racial discrimination, incitement to violence, xenophobia, pornography and / or pedophilia.
- You must refrain from publishing, transmitting or distributing among LEVERADE users any content that is racist, offensive, discriminatory, sexual, violent or illegal, as you accept that you must compensate us and assume the legal costs if any user feels offended or threatened by your publications.
- You accept the same consequences for any interference that disrupts the LEVERADE application, in particular hacking attempts, brute force attacks, the spread of viruses/worms/trojans and other attempts to alter the LEVERADE software or hardware.
- Do not attack or defame any organization and social groups.
- Not to discriminate on the basis of race, sex or religion opinions or comments made by other users.
- Not to violate the Industrial or Intellectual Property rights.
- You agree not to copy, distribute, transmit or charge for the use of other people's personal data without the consent of the respective owner, and therefore exempt us from any responsibility derived from these acts.
- Entering LEVERADE, you assume that your only purpose is to enjoy the sport, compete fairly and share your victories and defeats with other users of LEVERADE, who assume it as you do. Falsifying results and matches may be subject to the penalties shown in the next chapter.
LEVERADE is not responsible for the videos, photos and other material that users share through the tools of the page, which belong exclusively to their authors. Also, each user is responsible for all interaction with the site. In no case, the opinions of the users in the page will represent the opinion of LEVERADE.
LEVERADE recommends you to take into account when you generate visual content (videos or photos) that you want to share on our site:
If someone appears you must have their explicit consent to publicly communicate their image.
- To be the legitimate author of the photo and/or video.
- Soundtracks over which you do not have the right of use will not be included.
The reproduction, copy, public communication, distribution, modification, transformation, suppression, manipulation and any other form of use, with or without profit motive, without the previous and express authorization in writing of LEVERADE is expressly prohibited.
The User, as a consequence of the inclusion of contents in the Services offered by LEVERADE gives in exclusive right to this entity all the rights of intellectual property that could have on them, especially the rights of reproduction, distribution, public communication and/or transformation, for a world-wide geographic scope and by all the time of duration of the same ones.
In case the User includes contents owned by third parties, prior to their incorporation to the Services offered by LEVERADE, they will obtain all the intellectual property rights with the scope and terms established in the previous paragraph. In case of not having the appropriate rights the User will avoid uploading any kind of content to the platform.
8. IMPLICATIONS OF FAILURE TO COMPLY WITH YOUR OBLIGATIONS
In order to guarantee the adequate and reliable supply of our services, and the peace and harmony of all our users, LEVERADE may impose sanctions, which will vary according to the infraction committed and the impact of the same on the rest of the users.
These sanctions are:
- Loss of your medals.
- Loss of ranking points.
- Warning of deletion or removal of your content.
- Temporary disconnection of your user account.
- Permanent and irrevocable cancellation of your account (in this case, you will never be able to register again in LEVERADE).
You are responsible for the safekeeping of the password you use to access the Services and for any activities or acts that take place using your password. We recommend that you protect your account with a strong password (a password that contains combinations of upper- and lower-case letters, numbers and symbols). LEVERADE shall not be liable for any damages or injury resulting from your failure to comply with the above.
Your password protects your user account, and you are solely responsible for its security and secrecy. You understand that you are responsible for the use of your username and password on the Service. If your username or password is lost or stolen, or if you believe that someone has gained unauthorized access to your account, please notify us immediately and change your password as soon as possible.
10. UNSUBSCRIBE, DELETE OR MODIFY YOUR INFORMATION
The unsubscription in the LEVERADE application implies the interruption of your relationship with your sponsors or partners from the moment of the unsubscription, although it will be your responsibility to finish the agreements or pacts that you have reached with them and that are still pending, exonerating LEVERADE from any responsibility regarding the consequences derived from any pacts, agreements or contracts reached and their effective compliance.
The process of unsubscribing, deleting, or modifying your profile and/or competition page can be done by accessing the LEVERADE web service. Through your user account, in the configuration section you can modify any personal data you have previously provided or add new ones, as well as request the cancellation of the service, which will be processed immediately and will be effective within a maximum of 24 hours.
You can also make any request by sending it to the following e-mail address: [email protected]
11. INVITATIONS, OTHER FORMS OF SERVICE ACCESS, PASSWORD RECOVERY AND OTHER NOTIFICATIONS
LEVERADE can provide you with a notification service to your email so that you know the news and movements in your Profile, competitions page and in your network of contacts and friends in the Service. This notification service will not affect the communications that LEVERADE can make to you for:
- Recover your password, in case it has been forgotten.
- Send you new invitations so that you can in turn invite the people you want to register with the Service.
- Send you security codes and/or confirmations of access to the Service.
- Change your email account
- You acknowledge and agree that these types of communications and any others of a similar nature are necessary and, therefore, are part of the Service.
- As a LEVERADE user you will be able to send requests to other people to join our sport experience. You only need to send them an invitation to their email or mobile phone, as appropriate.
- When you invite others to join LEVERADE, you will respond to the person receiving your invitation for any claims that they may make against LEVERADE, exonerating LEVERADE from any responsibility that may arise from such an invitation.
- Include users in the competitions that you organize through your email, whether they are: team administrators, referees, players, members of the refereeing committee or other administrators of the competition page.
12. PARTICULAR CONDITIONS FOR THE USE OF TOURNAMENT SERVICES ON THE PLATFORM
Through the platform you can manage sports competitions. For this purpose the authorized person, through the use of the key and password referred to in this agreement, is able to carry out the management of such competitions.
The rules of operation of the competitions will be those determined by the organizer as such; although in no case may be carried out competitions that are illegal or that may violate public order. It will be the responsibility of the organizer to obtain all permits, authorizations, licenses that are appropriate to carry out the competitions.
Under no circumstances may the application be used for any other purpose than that for which it was intended and under no circumstances may it be used to promote other websites or other contact information, other than that established for incidents.
The organizer is solely responsible for ensuring that a tournament complies with these conditions, as well as applicable laws, rules and regulations.
Therefore, in relation to the management of competitions, the following must be complied with:
The Tournament, whether of a public or private entity (place or organization), can only be administrated by the authorized representative.
Any user can create and organize a tournament, as long as they do not supplant unauthorized identities or profiles of public and/or private entities that could mislead users or violate the rights of others. If the account to create and organize a tournament is not an official one of a brand, entity (place or organization) or public or private figure, it must:
- Ensure that you do not communicate any message or post content on behalf of the authorized representative of the subject matter of the tournament in question.
- Make it clear that the tournament is not official for the brand, entity (place or organization) or public or private figure it claims to represent.
- Keep in mind that the data and content published in a tournament is public and anyone who visits the public URL of the tournament will be able to see it.
12.2. Tournament administration
12.2.1. Tournament names
Tournament names must accurately reflect the content of the page. We may remove administrative rights or ask you to change the tournament name if it does not meet this requirement.
- They may not consist solely of generic terms (e.g. "ball" or "racket").
- They must be properly capitalized and grammatically correct; the only words that can be completely capitalized are acronyms.
- They may not include symbols, such as excessive punctuation or trademark indicators.
- May not include superfluous descriptions or unnecessary qualifiers.
- May not mislead users into believing that it is the official tournament of a particular entity, brand or person, or that it is approved by an authorized representative.
- They may not infringe the rights of anyone.
LEVERADE may contact users at any time to prove their identity or to demonstrate that they have the consent of their parents or guardians to participate in our platform.
It will be in any case the responsibility of the organizer for any damage or harm, including administrative sanctions that could be caused to LEVERADE derived from the noncompliance of the above mentioned.
LEVERADE is not liable for anything that affects the information of the participants or that results in confusion and misinformation that leads to the malfunction of the competition.
In particular, and without being limited to this list, data of participants must not be included:
- False information/dates
- Which induce or may induce error in relation to the participants
- That are unlawful, injurious, slanderous or in any other way likely to be prejudicial to others
Name changes and player migrations
Tournament name changes and migrations of players to other teams are the responsibility of the organizer and therefore responsible for the tournament. LEVERADE is not responsible for changes that cause confusion and misinformation resulting in the malfunction of the competition.
The changes that the user organizing the tournament set out as valid will be allowed. LEVERADE reserves the right to change the name, edition, modification, or elimination of the same, when it threatens the dignity, the honor or the privacy of the people.
12.2.3. Data collection
If you collect content and information directly from users, you will expressly acknowledge that you are the one collecting such data and will notify users and must obtain their consent to use the content and information collected. Regardless of how you obtain consent and information from users, it is your responsibility to obtain all necessary permissions to reuse their content and information.
You will not collect content or information from other users, or otherwise access LEVERADE, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not be able to send invitations in the wrong way or to encourage users to do so if they do not participate in the Tournament you are organizing.
12.3 Tournament functions
12.3.2 News & Content
The tournament organizer assumes responsibility for the proper functioning of the tournament, both in the configuration of the teams, in their respective crosses and/or clashes, as in the low and high of players or results.
If you create an automatic calendar through the automatic creation tool of LEVERADE, it will be subject to a random result. LEVERADE is not responsible for any misuse or damage that may result from its use to users participating in the tournament. The fraud committed in the edition of matches or alteration of dates, hours, results or points is only and exclusively responsibility of the organizer.
Mistaken changes of dates and times that may confuse and cause harm to the players of the tournament are the sole responsibility of the tournament organizer.
- You can only set dates and times for tournament matches if you are authorized to do so.
- You must inform clearly and visibly of any restrictions that apply to the tournament (specific rules, modification or inclusion of new rules).
- You will be solely responsible for any information published, fraud, complaints or other problems arising from the management of the tournament.
- You are solely responsible for communicating with the user concerned and ensuring that they accept the solution provided.
- You will not be able to use the tool for any other use than that intended and, under no circumstances, to promote other websites or other contact information, other than that established for incidents.
- You are responsible for ensuring that your tournament complies with these conditions, as well as applicable laws, rules and regulations. Tournaments are subject to many regulations (such as medical insurance, facility health conditions, security) and you should consult an expert if you are unsure whether your tournament complies with applicable laws.
If you use LEVERADE to organize or manage a tournament, communicate with the players and send communications about it (setting dates, alerts, new announcements, news of interest), you are responsible for ensuring that the communication complies with current legislation, including:
- The official laws.
- The terms of the announcement or notice and the requirements included in it.
- Compliance with regulations affecting the news.
12.5. LEVERADE obligations
LEVERADE will take all reasonable efforts to provide the stability of operation of the application and to facilitate the use of the application to the CLIENT according to the terms and conditions established in this document; through own or third party servers, where the application will be installed and will allow its use to the CLIENT.
LEVERADE will make a backup copy every 2 days of all the data registered in the application. This copy will be kept for 1 month. If you wish to have it for a longer period of time, a separate payment must be made according to LEVERADE's current fees. The organizer can request that a backup copy be restored, but this entails a separate cost from the user's license.
LEVERADE will do its best to inform the organizer of any known defects that may interfere with the stability of operation or functionality of the application, and to remedy and resolve those defects.
The proper operation of the platform may depend on a correct configuration of the equipment from which the user accesses the application by the Organizer; therefore, the user must follow the instructions offered by LEVERADE and have in any case the requirements of both hardware and software specified at all times. The configuration of the user's equipment and the availability of specific hardware, software and browsers to meet the access requirements is not the responsibility of LEVERADE being the sole responsibility of the organizer.
Likewise, to access the use of the Platform you must have an Internet access line. The operation of the application may depend on the adequate quality and speed of the connection through which the user accesses the application. LEVERADE does not assume the obligation or responsibility for the provision of telecommunication lines, internet subscriptions or connections or any other technical means necessary for you to access and use your data and all costs and risks in this respect remain the responsibility of the organizer.
Organizer will use the platform under his sole direction, control and responsibility, so it is his responsibility:
- Make sure that the configuration of your equipment is well adapted to the use of the application; as well as that you have the appropriate means of Internet connection.
- Make sure that all computer programs used in combination with the application do not have defects that could have negative consequences on the application.
- Comply with the instructions of LEVERADE.
LEVERADE will in no case be liable for damages resulting from defective execution in case there is a breach of the organizer's obligations or a misuse of the application attributable to the organizer.
LEVERDADE cannot guarantee that the platform is suitable for a certain job. Therefore, the organizer expressly acknowledges that he has carried out all necessary checks to ensure that the application meets his specific needs.
Neither party will assume any responsibility for the non-execution or delay in the execution of any of the obligations under this Agreement if such non-execution or delay results or is the consequence of a case of force majeure or fortuitous event.
LEVERADE will provide all the services object of this contract with diligence and will be responsible for the damages caused directly or indirectly to the organizer to third parties, by LEVERADE or its staff, as a consequence of a deficient provision of the services object of this contract, as well as those caused by a fraudulent or negligent action of LEVERADE's employees in the provision of such services. Liability is limited to the cost received under this contract during the six months prior to the occurrence of the event causing the damage.
LEVERADE EXCLUDES LIABILITY FOR ANY OTHER PRODUCTS, SERVICES, TASKS PROVIDED BY HOSTING PROVIDERS AND/OR AGENTS ACTING ON BEHALF OF LEVERADE. IN NO EVENT SHALL LEVERADE BE LIABLE FOR SERVICES, TASKS OR OBLIGATIONS TO BE PERFORMED BY THE ORGANIZER AND/OR ANY THIRD PARTY.
LEVERADE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE OR OTHER DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR RESTORATION OF DATA, LIABILITY FOR APPLICATION DEFECTS, OR PERSONAL INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION OR THE DATA, INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR LOSS OF PROFITS OR SAVINGS. THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY REGARDLESS OF WHETHER SUCH DAMAGES OR LOSSES ARE CAUSED BY LEVERADE'S ACTS OR OMISSIONS, ATTRIBUTABLE TO LEVERADE'S NEGLIGENCE (INCLUDING BOTH GROSS AND SIMPLE NEGLIGENCE) OR INCIDENTAL.
AS FOR DATA LOSS, THE ONLY LEVERADE'S LIABILITY IS TO ATTEMPT TO RESTORE THE DATA LOSS BASED ON THE MOST RECENT BACKUP AVAILABLE.
12.7 Protection of personal data in the organization of tournaments
In order to use the platform to manage LEVERADE tournaments, personal data may be accessed under the responsibility of the organizer.
THE CLIENT guarantees that he or she complies with all the obligations arising from the application of REGULATION (EU) 2016/679 General Data Protection (hereinafter, "RGPD") and the Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights (hereinafter, LOPDGDD), and in particular that he or she complies with the obligations of information and consent in relation to the processing of his or her personal data. In this way, the organizer guarantees that he has informed and obtained the consent of all the participants in the sports competitions, so that they can be included in LEVERADE -for all the functionalities that this application allows its users- and, in a very special way, so that their data can be consulted by third parties and made available to the public through the Internet, in relation to the sports events or competitions that the Organizer manages. In case of not having such consents, the Organizer must, using the tools provided by LEVERADE, prevent the personal data from being consulted by third parties. LEVERADE does not assume any responsibility for the processing of personal data, beyond those provided in this contract.
In addition, in compliance with article 33 of the LOPDGDD, and articles 20, 21 and 22 of Regulation 1720/07 (still applicable ) on the development of the Organic Law 15/199 LOPD (repealed regulation) , LEVERADE, in its capacity as data processor, guarantees the application of the relevant security measures, both technical and organizational, when accessing or processing files of the user - who will be the data controller - in the execution of the service. These measures must be adequate to guarantee the confidentiality, integrity, security and availability of the information being processed, and to avoid the risks to which the information is exposed, whether from human action or from the physical or natural environment.
LEVERADE will only process personal data in accordance with the instructions given by the user, as the data controller, and only when strictly necessary for the fulfilment and provision of the service.
Once LEVERADE has fulfilled the service provision or resolved the Agreement for any reason, the personal data will be destroyed or returned, according to your choice, to the person responsible for the file, as well as any support or document that contains any personal data being processed. The data processor may keep the data processed in the execution of the service, duly blocked under the terms established in the LOPDGDD, insofar as legal responsibilities may arise from its relationship with the file controller. Once these responsibilities have been prescribed, the data being processed will be definitively destroyed by the data processor.
In accordance with the provisions of Royal Decree 1720/2007 of 21 December 2007, LEVERADE undertakes to implement in its technical and organizational systems the relevant measures for the security of files containing personal data. In any case, the basic level security measures of this regulation will be applied. The full text of these measures is reproduced and part of this contract.
In accordance with Article 82 of Royal Decree 1720/07 and in relation to the specific security measures to be applied, with the service provided by the data processor on its own premises, outside those of the data controller, the data processor shall draw up a security document in the terms required by Article 88 of these Regulations for the purposes of including the security measures that the Organizer determines it must adopt as data processor.
The organizer authorizes to subcontract, in his name and on his behalf for the purposes of the provisions of the regulations on data protection, the services of data hosting to third companies.
At the end of this agreement, LEVERADE shall destroy all personal data processed in the name and on behalf of the Organizer and shall delete any media or documents it holds. In the case that the destruction of the same ones for legal prevision, LEVERADE commits to keep them during the necessary time properly blocked according to the RD 1720/2007. This service will be invoiced separately.
In addition, the Organizer will maintain unharmed and will respond of the damages and/or prejudices, including administrative sanctions, that could be caused to LEVERADE as consequence of the breach of its obligations like Person in charge of the data that it includes in the platform.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY OF THE PLATFORM AND SERVICES
LEVERADE is the owner of all industrial and intellectual property rights related to the Platform and Services, as well as the mobile applications that allow access to it through mobile terminals.
Likewise, LEVERADE is the owner and holder of all the rights of the mobile applications that allow the access and use of the services associated to the LEVERADE platform and, in this sense, grants the user that downloads them (licensee) only the right to use them according to the uses for which they have been designed and, in particular, according to the provisions of our Conditions of Use and/or the applicable law. The user will not acquire through the download, installation and/or use of the LEVERADE mobile applications any property rights over them.
You may not, in any case, exploit or serve commercially, directly or indirectly, total or partially, any of the contents (images, texts, designs, indexes, forms, etc.) that make up the website and/or mobile applications of LEVERADE without the prior written authorization of LEVERADE. In case you violate this license, LEVERADE will cancel your Profile, without prejudice to other consequences that may arise from such violation.
You know and accept that there is advertising in the Service and that, therefore, from your Profile you will be able to access to advertising that LEVERADE and/or third companies and professionals' contract with LEVERADE.
15. USE OF LINKS
It's forbidden to use any technical, logical or technological resources by virtue of which anyone, whether or not a user of the Service, may benefit, directly or indirectly, with or without profit, from the profiles and contents of the website.
In this case, we may notify the competent authorities in order to take the appropriate measures.
16. PHONEBOOK SYNCHRONIZATION
The LEVERADE mobile application allows you to automatically synchronize your mobile phone's address book whenever you want, until you unsubscribe from the Service, so that you can find your contacts and friends on our platform.
17. INTERNATIONAL USE CONDITIONS
LEVERADE operates from Spain and is accessible from other countries, although not all services and features may be available in all countries. As a user, you are solely responsible for complying with the laws of the countries from which you access LEVERADE.
18. WARRANTY AND DISCLAIMER
WE EFFORTS TO PROVIDE YOU WITH THE BEST SERVICE POSSIBLE; YOU UNDERSTAND AND AGREE THAT THE LEVERADE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. YOU USE THE LEVERADE SERVICE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LEVERADE AND ALL CONTENT OWNERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY KIND. NEITHER LEVERADE OR THE CONTENT OWNERS WARRANT THAT THE LEVERADE SERVICE IS FREE OF MALWARE OR OTHER MALICIOUS COMPONENTS. IN ADDITION, LEVERADE DOES NOT REPRESENT, VOUCH FOR, WARRANT OR ASSUME ANY RESPONSIBILITY FOR THIRD-PARTY APPLICATIONS, CONTENT PROVIDED BY USERS, OR ANY OTHER PRODUCT OR SERVICE PROMOTED OR OFFERED BY THIRD PARTIES WITHIN OR THROUGH THE LEVERADE SERVICE, OR ON ANY LINKED WEB SITE, OR THAT APPEARS IN ANY BILLBOARD OR ADVERTISING. YOU UNDERSTAND AND AGREE THAT LEVERADE IS NOT LIABLE FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY APPLICATION PROVIDERS, PRODUCTS, OR SERVICES PROMOTED OR OFFERED THROUGH THE LEVERADE SERVICE. AS WITH ANY PURCHASE YOU MAKE OF A PRODUCT OR SERVICE THROUGH ANY MEANS OR IN ANY LOCATION, YOU SHOULD USE COMMON SENSE AND BE PRUDENT WHERE APPROPRIATE. NO ADVICE OR INFORMATION RECEIVED BY YOU FROM LEVERADE, WHETHER WRITTEN OR ORAL, SHALL CREATE A WARRANTY ON BEHALF OF LEVERADE FOR THESE PURPOSES. IT IS POSSIBLE THAT SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN CERTAIN JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR LEGAL RIGHTS AS A CONSUMER.
19. LIABILITY EXCLUSIONS
Use of Content and Intellectual Property:
As a user you grant LEVERADE the irrevocable, free, non-exclusive and unlimited right to use all the content generated, transmitted, stored and published by you, in accordance with the provisions of Clause 7 of these Terms and Conditions. Consequently, LEVERADE will have the right to use, independently of the type of use, all the content as part of the LEVERADE platform and any other activity of LEVERADE or any company affiliated to it. This shall include the right to change and edit such content, unless such changes or edits would be detrimental to your material interests.
LEVERADE will not assume any responsibility, either direct or indirect, derived from your misuse of the Service, the website, the mobile application or the content hosted there.
LEVERADE reserves the right to remove content that you create without justification and that constitutes for LEVERADE a content contrary to these conditions, legality or ethics. In this case you will be notified and if you continue to violate the terms and conditions you may be sanctioned accordingly (see clause 9.)
LEVERADE will not be responsible for any inaccurate content that you or other members of LEVERADE believe.
LEVERADE does not represent or warrant that the application is available at all times, and completely error free or that the necessary hardware and software works are always perfect.
LEVERADE does not guarantee that the transmission of data through other systems, in particular social networks, will be persecuted, used or distorted by third parties.
LEVERADE will not be liable for damages resulting from the use of the content accessible through the use of the online platform or other forms of use of the mobile application. This also applies to damages resulting from errors, problems, viruses or loss of data.
Responsibility for the use of LEVERADE:
As a user of LEVERADE you accept and guarantee that you use the application exclusively at your own risk and venture. This applies, without limitation, to:
The associated use of any hardware, including, but not limited to, mobile phones and computers.
The downloading of own and third-party content.
Any use you make of LEVERADE's or other users' advice, of the recommended facilities, of the pacts and agreements with your sponsors, of the use of sports materials recommended by LEVERADE, sponsors or other users.
In conclusion, you expressly acknowledge that such data, contents or recommendations may contain errors, and LEVERADE does not assume any responsibility for the inaccuracy of these data or for the use you make of them.
Relationship between user and brands or companies (sponsors):
LEVERADE does not represent external links, banners or other marketing information and offers that may be placed by the user in his profile because of the relationship with his sponsor. In other words, any contractual agreement concluded between the user and a company or brand that will act as a sponsor, constitutes a contractual relationship between the user and the company or brand. LEVERADE does not represent the brands or companies that act as sponsors or the users themselves. In the same way, LEVERADE is not liable or guarantee the provision of services or products arising from the contractual relationship between the user and the sponsor. LEVERADE does not guarantee and is not liable for the breach of the agreements or contracts between the user and the brands or companies. (sponsors).
Responsibility for interactions with other users:
You are solely responsible for your interactions with other users of the Service. We do not control your personal relationships, but we do encourage you to make good choices about your contacts and friends and the people you bring into your network. Of course, if someone is harassing, annoying, or intimidating you, you should report it to us immediately so that we can take appropriate action.
Liability for mobile operators:
You should be aware that we do not charge for access to the Service with your mobile phone, but your mobile operator will apply the fee you have contracted for sending and receiving data. Consequently, by using the Service, you understand and agree that your mobile operator may charge you for the data connection, text messages and/or other access to the Service via the mobile network. LEVERADE is not responsible for any restrictions that your mobile operator may have imposed, and which may cause the Service to not function normally. You are also responsible for knowing if your mobile operator, your contracted services and your mobile terminal are suitable for access to the Service and/or use of LEVERADE's mobile applications.
LEVERADE acts as a simple intermediary that offers you its technological platform, undertaking only and exclusively the liability arising from any diligence that may be required by law.
20. DISPUTE RESOLUTION
If you have any complaint, claim or suggestion, you can send us an email to [email protected] or by post to Calle Amanecer, 41, Murcia (Spain), C.P: 30100 LEVERADE, S.L (CIF: B73763278). LEVERADE will study your applications and take the measures that in each case it considers appropriate.
In the event that the User or any other Internet user becomes aware that the contents accessible through the Services offered by LEVERADE (e.g. Comments by users where permitted, etc.), are illicit, harmful, denigrating, violent or contrary to morality; or that any of the information included by the Users themselves, through the Services offered, are of the same consideration as that described above, you may contact LEVERADE indicating the following:
- Description of the events that reveal the illicit or inappropriate nature of the Linked Site.
- In the case of violation of rights, such as intellectual and industrial property or any others whose existence could not be deduced by LEVERADE, the personal data of the owner of the infringed right when it is a person other than the communicator as well as the document of representation to act on behalf of the owner when it is a person other than the communicator. Additionally, in these cases, the documentation that accredits the existence of the injured title or legal property must be provided.
- Express declaration that the information contained in the claim is accurate.
The reception by LEVERADE of the communication set out in this clause will not imply, according to the provisions of the Law on Information Society Services, the effective knowledge of the activities and/or contents indicated by the communicator.
If you wish to exercise any legal action against LEVERADE, you accept that the Courts of the city of Murcia (Spain) will be the ones to solve the conflict.
21. SEVERABILITY AND WAIVER
Except as provided in these Contracts, if for any reason or to any extent any clause in the Contracts is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect or cause the invalidity or unenforceability of any other clause in the Contracts, and the application of such clause shall be enforced to the fullest extent permitted by law.
The fact that LEVERADE or the third party beneficiaries do not enforce the Contracts or the clauses of the Contracts will not invalidate the right of LEVERADE or the third party beneficiaries to enforce the Contracts.
LEVERADE may assign these Contracts or any of their parts, and may delegate any of its obligations under the Contracts. You may not assign these Contracts or any part of them to any third party, nor may you transfer or sublicense your rights under these Contracts.
To the extent permitted by applicable law, you agree to indemnify and hold LEVERADE harmless against any damages, losses and expenses of any kind (including reasonable costs and attorney fees) arising from the following: (1) Violating this Agreement, (2) any User Content, (3) any activity you undertake in or through the LEVERADE service, and (4) violating any law or the rights of third parties.
24. CONTACT INFORMATION
If you have questions about the LEVERADE service or the Contracts, please contact our support team on our website or call +34 868 941 811.