By accessing and using this game, content, activities and services (the "Services") which are made available via this App or through social networking websites, or any mobile versions thereof (the "App"), you signify that you have read, understand and agree to be bound by the terms and conditions set forth below (the "Terms"), whether or not you are a registered member in or any of our games.
License to Use the Services
The App and Services related to it are provided by FROM THE BENCH, (the “Company”) Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through any device for which the App is available. You may not use the Services for any other purpose.
This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:
Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the App, its content or Services experience to the detriment of fair play;
Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player\'s experience;
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users\' computers;
Exploit the Services or any of its parts for any commercial purpose;
Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law;
Code of Conduct
Your use of the Services is governed by certain rules (the "Code of Conduct"), which are maintained and enforced by the Company, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another\'s right of privacy or publicity (including distributing another player\'s personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are all prohibited;
Promote, encourage, or otherwise advocate the use of illegal drugs;
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by the Company for any Services, must be limited to the appropriate forum or channel for such offers;
Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a Company representative) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.
These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
User Account, Age Restrictions, Password, and Security
You may be able to use your user account and/or user ID of the App on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES.
You may also be asked to choose a password and a username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.
You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by the Company or another party due to someone else using your account. You may not use anyone else\'s account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.
Charges and Billing
In some cases, you can use a stored value (gift card), credit or debit card, Google Wallet, ITunes, mobile payments or other similar accounts (each referred to herein as "Payment Information") to pay for optional Services and/or upgrades. When you provide Payment Information to us (or our designated licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends.
Links to Third Party Sites
We may provide links on the Services to third party websites, Apps or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Some of these web sites or Apps may charge separate fees, which are not included in any fees that you may pay to the Company. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services, and will not be liable for any claim relating thereto. The linked sites or Apps are not under the control of the Company and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of these linked sites.
"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by the Company or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the App, including any responses provided through user surveys.
You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of the Company and may be used by the Company (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.
If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to the Company all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to the Company the sole and exclusive, irrevocable, sub licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
You are granted a limited revocable license to post your own character or any other Content that the Company specifically gives you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party.
The Company representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. The Company and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by "flagging" it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
You acknowledge and agree that the Company may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.
We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service.
In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by the Company, you will not be entitled to any refund nor will any credits or in-game items (e.g., points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.
The Services are Available "AS-IS"
The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user\'s errors and/or omissions.
Limitation of Liability
THE COMPANY AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold the Company harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys\' fees) incurred by the Company arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
Waiver and Severability
The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Spain without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Alicante, Spain, and you consent to the jurisdiction of and venue in such courts.
The Company operates and controls this application from its offices in Spain. The Company makes no representation that this application is appropriate or available in other locations. The information provided on this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country.
Complaints and Notices
If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to the Company´s Designated Agent listed below. For your notice to be effective, it must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located in this game;
• Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
• The Company´s Designated Agent is: FROM THE BENCH, SL Attn: Legal Department Plaza Mayor - Elda - SPAIN. Modification of Terms We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes. Entire Agreement These Terms are the entire and exclusive agreement between the Company and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing. The Services are operated and provided by FROM THE BENCH, SL – Plaza Mayor - Elda - SPAIN. If you have any questions about these Terms, please contact the Company at https://fromthebench.zendesk.com © FROM THE BENCH, SL 2013-2014. All Rights Reserved.
Accordingly to the data protection legislation, we hereby inform you that the data you have furnished, shall be included in:
(i) a file owned by FROM THE BENCH, with registered office in Plaza Mayor, Elda, (Spain), and (ii) in other file owned by the club, becoming both entities Data Controllers of the data each entitie create with the collecting of your personal data.
DATA PROCESSING BY FROM THE BENCH
USE, PURPOSE, MARKETING AND ACCEPTANCE BY USER
The Site\'s purpose is other than collecting personal data. Access and use of the Web/Application does not imply the communication of personal data. However, any users who wish to participate in the game must fill out an online electronic form or questionnaire that can be found in the Web Site.
The completion of questionnaires and communication of data implies voluntary authorization and consent by the user regarding the processing of personal data freely provided by the Web Site user. Therefore, users expressly accept and consent that all details already provided or those that may be provided in future may be subject to processing within a personal data file. The provision of all details required for registration as a user is compulsory where expressly specified. FROM THE BENCH reserves the right to deny registration to users who fail to provide such details.
Compulsory and optional fields, depending on the information held by the user, shall be clearly highlighted within the electronic forms where personal data is collected.
FROM THE BENCH shall process all details provided by users for the following uses and purposes: Registration on the Site as a registered user, Management and Processing of services offered by Site, sending Marketing advertising, newsletters, news and other regular information on the Site to users, Management and supervision of incidents and Reward Management, as well as preparation of statistics.
You agree that in order to provide services to you which you have requested including relevant content and advertising, and to track and award virtual rewards, we may exchange information that we collect from you with third parties who help us perform these tasks and provide these products and services including UDID (unique device identifier), MAC address, OpenUDID, information about your device systems, application software and periphials, and the country setting on the device.
SHARING AND ACCESS TO DETAILS
FROM THE BENCH would like to inform users that personal data provided by them shall under no circumstances be transferred or communicated to any third parties, except in order to improve service standards, other circumstances that FROM THE BENCH may deem appropriate and to proceed to deliver the rewards (if applicable) at the end of the championship. In the last case, personal details of winners will be passed on to the courier company in order to be delivered without delay. Users hereby expressly and unequivocally authorise FROM THE BENCH to transfer the data subject to processing for these purposes. FROM THE BENCH, on the other hand, undertakes to request users expressly and in written for any new authorisation in case it was required to transfer their details for other purposes not included in this clause.
DATA PROCESSING BY the club
In addition to this, by accepting these Terms, we hereby inform you that the club may outsource services to third parties located in Spain or abroad, including countries that do not offer an equivalent level of data protection as in the EEA that may access personal data for which the club is responsible. If you object to the aforementioned outsourcing to companies located outside of the EEA, you may, within thirty days from acceptance of these Terms, notify us of such objection by sending an email to email@example.com. Please take into account that, if you oppose to such processing, the performance of some of the services contracted with the club may be hindered.
Furthermore, you hereby undertake to notify the club of any change of your personal data to ensure that it remains up-to-date at all times and contains no errors.
If, by means of this form, you furnish us with the personal data of other individuals, we hereby warn you that you must do so with their consent, having notified them beforehand of the matters contained in this document.
the club shall not gather or process personal data furnished by you if you are under fourteen (14) years old. the club reserves the right to verify, using the means it deems appropriate, the age of any users who have furnished their personal data by means of this form, and may deny users under 14 years of age the access to the services offered and proceed with their cancellation and elimination.
RIGHTS OF ACCESS, CORRECTION, OPPOSITION AND CANCELATION
Under Spanish Data Protection Law, the acceptance of users regarding the processing of their personal details is always revocable. Therefore:
In relation to the file owned by FROM THE BENCH users may exercise at any time their right of access, correction, cancellation and opposition within the terms set out by Spanish Law, by sending a written and reliable communication by registered post to the following address: Plaza Mayor 9, 03600 - Elda (Alicante) - SPAIN, or by any other reliable means through which proof of submission can be obtained. The above communication must include the user\'s identification details, such as a photocopy of the user\'s ID card, postal address, telephone, contact name, email address and a brief note explaining the reasons behind the exercise of their rights, and in relation to
the file owned by the club, users may exercise at any time their rights of access, correction, cancellation and opposition under the terms set out by Spanish Law by contacting the club at the following email address: firstname.lastname@example.org.
SECURITY AND CONFIDENTIALITY MEASURES
FROM THE BENCH and the club guarantee full compliance with the provisions contained in Spanish Data Protection Regulations Furthermore, it guarantees due compliance with the provisions set out in Act 34/2002 of 11th July on Information Society Service and Electronic Commerce in regards to user information and unsolicited marketing communications otherwise known as spam.
FROM THE BENCH and the club also guarantee full confidentiality on all communications submitted to users, as well as the correct and diligent processing of personal details provided by the user.
FROM THE BENCH and the club undertake to avoid disclosing any confidential information or inform regarding any details subject to processing, except where expressly required by law or by the relevant public authorities in conformity with any legal provisions and regulations that may apply.
Users are responsible at all times as regards to the veracity of the details provided. FROM THE BENCH, reserves the right to exclude any users from their registered services if found to have provided false, vague or incorrect details, in addition to any other legal actions that may apply. Except where legally entitled, users may not use another individual\'s identity, and may only provide personal details corresponding to their own identity.
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