TERMS OF SERVICE
1. INTRODUCTION
Please read these Terms of Service (hereinafter, "Terms of Service"), carefully. The Terms of Service govern the relationship applicable to the access and the use of the services regarding Basketball Fantasy Manager NBA between the User (as defined below) and TAPROOM, S.L. (hereinafter, the "Game"). TAPROOM and the User
TAPROOM, S.L. is the owner of the Game, with tax identification number (NIF) B67961870, with registered offices at Calle Rosselló i Porcel 21, 15B - 08016 Barcelona, registered in the Mercantile Register of Barcelona with the following registration details: volume 48141 Sheet B573649 page 147, and e-mail address finance@taproomgames.com
The Game is offered and can be downloaded by the User via Apple Store and Play Store.
2. SCOPE AND PREREQUISITES
Accessing and using the Game confers the status of user(s) (hereinafter, the "User"), and implies acceptance of each one of these Terms of Service.
Before accessing or using the Game, you must agree to these Terms of Service and the Privacy Policy. By using or registering for an Account or otherwise using the Game, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE GAME, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE GAME. USE OF THE GAME IS VOID WHERE PROHIBITED.
TAPROOM reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant TAPROOM policies at any time by posting the amended terms on the Game. The User will be deemed to have accepted such changes by continuing to use the Game. If at any point the User does not agree to any portion of the then-current version of our Terms of Service, the TAPROOM Privacy Policy, or any other TAPROOM policy, rules or codes of conduct relating to the use of the Game, your right to use the Game shall immediately terminate, and you must immediately stop using the Game.
The Game is, as a rule, freely accessible and free of charge (Free to Play). Subject to User agreement and continuing compliance with these Terms of Service and any other relevant TAPROOM policies, have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Game for his own non-commercial entertainment purposes. The User agrees not to use the Game for any other purpose.
The following restrictions apply to the use of the Game:
i. User accept full responsibility for any unauthorized use of the Game by minors. User is responsible for any use of credit card or other payment instrument (such as Paypal) by minors.
ii. User shall not (or attempt to) purchase, sell, rent or give away the Account, create an Account using a false identity or information, or on behalf of someone other than itself; User shall not use the Game if it’s have previously been removed by TAPROOM, or previously been banned from playing any TAPROOM game.
iii. User shall not use the Game to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
However, there may be in-game services for which access is subject to a fee, (hereinafter referred to as "In App Purchases"). Such In App Purchases shall be properly identified. Within the Game, purchases of different virtual items (hereinafter referred to as "Virtual Items") can be made under the conditions regulated in these Terms of Service.
In order to use the Game, the User needs to have access to the necessary Internet connection.
The User undertakes to:
i. Access and use the Game in good faith and in accordance with the Terms of Service, the Law, morality, public order, and the code of conduct set out below (hereinafter "Code of Conduct").
ii. User must immediately inform TAPROOM of any event that allows the improper use of the information or unauthorised access to identifiers and/or passwords, to proceed to their immediate cancellation.
The User shall be liable in all cases for any damages caused to TAPROOM and to third parties, and TAPROOM may adopt the technical, legal and any other measures it deems appropriate to avoid, mitigate or put an end to the consequences of the prohibited conduct and demand any araising liabilities.
3. CODE OF CONDUCT
The use of the Game is governed by certain rules (Code of Conduct), which the User must abide by and always comply with when using or accessing the Game. Any use of the Game in violation of these Code of Conduct is strictly prohibited, can result in the immediate revocation of your limited right and may subject the User to liability for violations of law.
a. Post, submit, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, defamatory, obscene, infringing, embarrassing, unwanted, invasive of another person's right to privacy or publicity (including disclosure of another player's personal information if that player has not made such information public on the host's website, if applicable), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
b. Making threats or threatening comments, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such comments that, in our opinion, are outside the scope or context of the Game;
c. Restrict or prevent any other User from using and enjoying the Game. For example, interrupting the flow of chat room chatter with vulgar, abusive language, repeatedly hitting the return key, entering excessively large images so that the screen scrolls too quickly to read them, using excessive shouting (in all caps) to annoy other User, "spamming" or "flooding" (continuous posting of repetitive text). These behaviors are expressly prohibited;
d. Promote, encourage or otherwise advocate the use of illegal drugs;
e. Violate the terms of any other applicable agreement or terms governing access to or use of the Game (including any end user license, code of conduct or other terms of use/service or guidelines of any website on which the Game is available);
f. Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, through the Game that infringes any copyright, trademark, privacy, publicity, or other proprietary right of any party;
g. Except as expressly authorised by TAPROOM, advertise, or offer to sell or purchase any goods or services for any purpose, unless the Game in which you are playing specifically permits such messages. Offers to buy or sell Game items, if applicable or permitted by TAPROOM must be limited to the appropriate forum or channel for such offers;
h. Collecting (automated or otherwise) personal data from other players, or impersonating a false identity (such as that of a celebrity, website administrator or company representative) for the purpose of misleading others (including attempting to obtain a user's password, account or other information);
i. Use the Game (including noticeboards and other communication facilities) in any manner other than for personal communication as an individual user (i.e., sending surveys, contests, pyramid schemes, chain letters, junk mail, spam, or any duplicative or unsolicited messages); or
j. Use the Game to conduct fraudulent transactions or for any purpose that violates any local, state, national or foreign law, regulation or treaty.
4. LICENSE
The User may use the Game for non-commercial entertainment purposes only. Any use of the Game in violation of these limitations will be considered a breach of these Terms of Service, and may result in disciplinary or legal action against the User. The User agrees not to:
a. Cheating or using, developing or distributing automation software programs ("bots"), "macro" software programs or other "cheating utility" programs or applications that are designed to modify the Game, its content or the Game experience to the detriment of fair play;
b. Disrupt, attempt to disrupt or assist in disrupting (i) any computer used to support the Game or (ii) any other player's experience;
c. 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 Game or other Users' devices;
d. Exploit the Game or any part thereof for any commercial purpose, or for other purposes not expressly authorised herein;
e. Promote or encourage any illegal activity, including, without limitation, piracy, cracking or distribution of counterfeit software, or cheats or hacks for the Game;
f. Reproduce, translate, reverse engineer, modify, disassemble or decompile, in whole or in part, or create derivative works of the Game, except to the extent permitted by applicable law and these Terms of Service.
These rules are not intended to be exhaustive, and TAPROOM reserves the right to determine in its sole judgment when the conduct of a User violates these Terms of Service or is outside of the spirit of the Game and will take such action as deemed appropriate, including the immediately suspend or close the infringing Account, at its discretion and without prior notice excluding the User from the Game, as considered. TAPROOM reserves the right to amend this Code of Conduct from time to time.
5. USER’S CONTENT
The User is solely responsible for the information that he post on, through or in connection with the Game and that you provide to others (the "Content"). TAPROOM may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of TAPROOM violates these Terms of Service.
You hereby grant to TAPROOM an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, all User Content as well as all modified and derivative works thereof in connection with our provision of the Game, including marketing and promotions of the Game. You also hereby grant to TAPROOM the right to authorize others to exercise any of the rights granted to TAPROOM under these Terms of Service. You further hereby grant to TAPROOM the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to the User. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. TAPROOM does not claim any ownership rights in the User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. TAPROOM has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
6. CREATING A USER ACCOUNT
A guest account may be created for the use of the Game and you may also be required to register an account on the Game (collectively "Account"). These Accounts include, for example, game Accounts and FTB Accounts, as described in the Privacy Policy.
By entering their details to create the User Account, the User represents that all the information provided is true, complete, accurate, exhaustive, and up to date; in the event that TAPROOM has doubts as to the veracity of the information provided by the User, it may immediately suspend or close their Account, at its discretion and without prior notice.
The User shall be responsible for keeping the access credentials (User and password) secure and confidential, without allowing third parties to use his/her Account; without obtaining economic benefits from the use of his/her Account or its disclosure to third parties. Likewise, any incident related to the security of the Account and/or password must be communicated to TAPROOM’s Data Protection Officer dpo@fromtehbenchgames.com.
The User shall keep his information and contact details up to date. All transactions carried out prior to the updating of personal data shall be based on the information provided up to that time. TAPROOM shall not be liable for any costs or damages due to its lack of authenticity or updating.
TAPROOM shall not be liable for any damages caused by the improper use by the User of his access credentials or information supplied to TAPROOM.
7. IN APP PURCHASES
Users may purchase certain virtual items ("Virtual Items") in the Game for use within the Game. Virtual currency or real money may be used to purchase Virtual Items. Virtual Items are intended for non-commercial use only.
TAPROOM may manage, control, modify or delete the Virtual Items at any time, with or without prior notice. The transfer of Virtual Items is prohibited, except where expressly authorised in the Game, as applicable.
Virtual Items have no equivalent value in real world money and are not a substitute for real world money. Neither TAPROOM nor any other person or entity is obligated to exchange Virtual Items for anything of value. TAPROOM is not responsible for the piracy or loss of your Virtual Items.
The price and availability of Virtual Items are subject to change without notice. All purchases and redemptions of Virtual Items made through the Game are final and non-refundable. You acknowledge and agree that the provision of Virtual Items for use in the Game is a process that begins immediately upon purchase and that you lose your right of cancellation once the process has begun.
Accordingly, the User agrees that TAPROOM is not obligated to provide a refund for Virtual Items for any reason. Furthermore, the User acknowledges that he will not receive money or any other compensation for unused Virtual Items, regardless of whether the loss of the license under these Terms of Service was voluntary or involuntary.
If you request the deletion of your personal data as described in TAPROOM's Privacy Policy, you will definitively lose all your virtual Items without the right to a refund, as TAPROOM will no longer be able to associate these virtual Items with you.
TAPROOM WILL NOT BE LIABLE OF PURCHASES MADE BY A MINOR WITHOUT THE AUTHORISATION OF HIS/HER PARENTS OR GUARDIANS.
8. PAYMENT METHODS AND PURCHASE PROCESS
To purchase Virtual Items or access paid services (In App Purchases) offered in the Game with real money, once the User chooses what he wants, he will have two payment methods:
- Payment by credit or debit card, in which case the Game will redirect the User to our designated licensors or subcontractors (the payment platform) where the User will provide the payment information.
TAPROOM will not be responsible for any possible errors that may arise in this step. In the event of an error in the payment step, the User must contact with the the Payment Platform.
- In some cases, the user may use a stored value card (gift card), Google Wallet, iTunes, mobile payments or other similar accounts to pay for optional services (In App Purchases), upgrades and/or Virtual Items. In this case the company that owns such payment methods will be responsible for any errors.
When the User provides payment information to our designated licensors or subcontractors, the User represents and warrants that he is the authorised user of the payment information that is used to pay such charges. The User agrees to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. TAPROOM may revise the pricing for the Virtual Items offered through the Game at any time.
THE USER ACKNOWLEDGES THAT TAPROOM IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT THE USER WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
9. DURATION AND TERMINATION
The duration of use of the Game shall be as described below:
a) If you choose to create an User Account to access the Game, until you cancel or deactivate your User Account;
b) If you choose not to create an User Account, until you uninstall the Game from your mobile phone.
TAPROOM reserves the right to terminate or suspend any User’s Account at any time for any reason. Likewise, TAPROOM have the right to suspend any User Account if a violation of these Terms of Service are detected.
TAPROOM reserves the right to stop offering and/or supporting the Game or a particular part of the service at any time, at which point your right to use the Game or a part thereof will be automatically terminated. In such event, TAPROOM shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued service. Termination of the User’s Account can include disabling the access to the Game or any part thereof including any content submitted by the User or others.
In the event that a User’s Account or access to the Game is terminated, suspended or cancelled, either by User or by TAPROOM, User will not be entitled to any refunds or credits or in-game Virtual Items (e.g. points in an online game) or converted to cash or other form of refund, 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 TAPROOM, TAPROOM reserves the right to terminate or suspend any of your other TAPROOM accounts from other TAPROOM games.
10. OBLIGATIONS OF THE PARTIES
TAPROOM undertakes to do everything necessary to ensure the proper functioning of the Game, applying the utmost diligence in the provision of the service and adopting, within its possibilities and the state of the art, all necessary measures to ensure the proper functioning of the Game.
TAPROOM will periodically review the content and information made available to the User in the Game but cannot fully guarantee that it is accurate and up to date at all times.
The User undertakes to use the Game in good faith, complying with the Terms of Service, without violating the laws in force in any matter or infringing the rights of third parties, as well as to pay for the In App Purchases and comply with this Terms of Service.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Game, including, but not limited to, the texts, images, photographs, videos, graphics, distinctive signs of any kind, icons, interfaces, as well as the software, source code, designs, architecture, presentation, layout and classification of the contents and any other element present in the Game that may be subject to intellectual property rights. TAPROOM owns, has licensed, or otherwise has rights to use all of the content, included Virtual Items, that appears in the Game. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Game.
TAPROOM reserves all legal rights. The User may only use the Game in accordance with these Terms of Use. It is forbidden to use or resell for commercial purposes any material or content of the Game without prior authorisation from TAPROOM.
TAPROOM reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Game and the contents and services that may be incorporated therein. The User acknowledges and accepts that at any time TAPROOM may interrupt, deactivate and/or cancel any of these elements included in the Game or access to them.
If the User considers that any of the contents of the Website constitutes an infringement of intellectual property protection rights, he must notify TAPROOM immediately via the contact details given in the heading of these Terms of Service.
12. EXCLUSION OF WARRANTIES AND LIABILITY
The information published in the Game may not be exhaustive or completely up to date, and TAPROOM assumes no responsibility for the lack of completeness, up-to-dateness or accuracy of the data and information contained in the Game.
TAPROOM does not guarantee that access to this Game will be uninterrupted or error-free. TAPROOM does not guarantee that the content or software present in the Game will not cause damage to the User's computer system (software and hardware). Likewise, TAPROOM disclaims any liability arising from the improper use of this Game by the User.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPROOM SHALL NOT BE LIABLE TO THE USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE GAME ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAPROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, TAPROOM SHALL NOT BE LIABLE TO THE USER FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TAPROOM IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO TAPROOM DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND TAPROOM'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TAPROOM IS TO STOP USING THE GAME AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TAPROOM OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF TAPROOM.
13. LINKS
Users are informed that the Game may contain, among others, links, banners, buttons, directories and search engines that allow the User to access web sites belonging to and/or managed by third parties and which, therefore, are beyond the control of TAPROOM. TAPROOM will not assume responsibility for the content appearing on these pages.
If you consider that such content is inappropriate or contrary to the purposes of TAPROOM, please let us know via the contact details above so that we can take appropriate action.
14. MISCELLANEOUS
If any provision of these Terms of Service is declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or that part of it which is null and void or ineffective, everything else remaining, and such provision or that part of it which is affected shall be deemed not to have been made.
The headings of the individual clauses are for information purposes only and shall not affect, qualify or extend the interpretation of these Terms of Service.
The fact that TAPROOM does not require the User to comply with one of the conditions that he/she has contravened in these Terms of Service shall not imply a future waiver of the application of that clause, compliance with which may be demanded at any time.
The User acknowledges having read, understood, and agreed with these Terms of Service, and therefore affirms that they are sufficient for the exclusion of error in the consent to this contract and, therefore, accepts them fully and expressly.
15. INCIDENTS
In case of doubts, queries or to make any claim (the "Incident"), the User may write an email to support@fromthebench.zendesk.com or the customer assistant channel, avaliable in the Game.
Should the User detect any defect or error in the Terms of Service or in the Game, he may contact TAPROOM indicating the defects/errors detected and attaching graphic proof of the same . After analysing the specific case, TAPROOM, will submit the User the steps to be taken in order to resolve the Incident.
16. APPLICABLE LAW AND JURISDICTION
These conditions of use and their execution are subject to Spanish law.
In the event of any dispute arising as to the interpretation or application of these Terms of Service, the parties shall negotiate in good faith to resolve any such dispute or claim. However, if the dispute or claim is not resolved, the parties shall submit to the appropriate courts or tribunals in accordance with law.
Last modification: 19 de abril de 2022.