Vigo - Pontevedra
ClickAthlon ("we", "our") is pleased to put at your disposal your website https://www.clickathlon.app ("ClickAthlon website") and the ClickAthlon application (hereinafter referred to as "" ClickAthlon digital platforms "), including services, content and software (" services "), governed by the following service conditions and by any document referred to in them (" conditions ").
1. ACCEPTANCE OF THE CONDITIONS
1.1 When accessing, downloading, installing or using the digital platforms of ClickAthlon, whether or not it becomes a registered user (the ("user", "you"), agrees to comply with these conditions, which admits having read and understood.
1.2 We reserve the right, at our sole discretion, to change, modify or alter these conditions in any way and at any time. You should regularly review these conditions at www.clickathlon.app/tos-es.html to stay informed of any changes.
1.3 When using ClickAthlon digital platforms, you agree that the publication of new or revised conditions on ClickAthlon digital platforms constitutes an adequate and indirect warning of each and every one of the revisions and changes made. The continued use of ClickAthlon digital platforms after the introduction of the changes or after having explicitly accepted the new conditions with the login in the ClickAthlon digital platforms will constitute in itself an acceptance of such changes.
1.4 The use of certain services may be subject to specific service conditions, related to the service in question. By using such services, you agree to comply with the conditions that are in effect. In the event that there is any contradiction between the general conditions and other conditions of service, the other conditions relating to the specific service will prevail.
2. YOUR REGISTRATION OBLIGATIONS
2.2 You will not be able to access or use the ClickAthlon application if you do not comply with the terms of Google or Apple's terms. These conditions will prevail in case of contradictions with Google's conditions or Apple's conditions.
3. USER ACCOUNTS, PASSWORDS AND SECURITY
3.1 Once you have accessed the ClickAthlon application you will get a single account. You will be responsible for maintaining the confidentiality of your account, and fully responsible for all activities that are carried out with them.
3.2 You agree to: (i) notify ClickAthlon immediately if there is an unauthorized use of the account or any other breach of security; and (ii) exit your account at the end of each session. ClickAthlon will not be responsible for any loss or damage resulting from a breach by you with this article 3.
4. SUPERVISION OF CHILDREN
ClickAthlon is concerned about the security and privacy of all its users, especially those of those who have not reached the legal age of majority in their respective countries of residence. For this reason, parents or guardians who wish to allow their children to access ClickAthlon digital platforms must review and accept these conditions, and help their children to set up the corresponding accounts and control their access to digital ClickAthlon platforms. If you allow your child to enter ClickAthlon digital platforms, you agree to comply with these conditions, and this will have access to all sections of ClickAthlon digital platforms, which may include, in the present or in the future, tools of public and private communication, as well as other functions that may not be suitable for minors without supervision. Remember that ClickAthlon digital platforms are designed to be attractive to a wide audience. Therefore, it is up to you, as legal guardian, to decide whether any of ClickAthlon's digital platforms, information, data, text, software, music, sound, photographs, graphics, videos, the messages, the sources offered on the ClickAthlon digital platforms ("ClickAthlon sources"), the application's programming interface, and any other element contained in the ClickAthlon digital platforms (the "content") are suitable for your son. You are responsible at all times for all your child's actions.
ClickAthlon's digital platforms include content: (i) supplied by ClickAthlon; (ii) that users of ClickAthlon digital platforms have uploaded, posted, sent or transmitted by any method (the "user contributions"); and that (iii) third parties have uploaded, posted or transmitted by any method (the "third party content").
(i) The content of ClickAthlon
5.1 All ClickAthlon content, including ClickAthlon sources, is owned by ClickAthlon or has the appropriate permission to use it. The content of ClickAthlon is provided to you AS IS and may not be used, reproduced, distributed, transmitted, disseminated, displayed, sold, licensed, or used in any way for any purpose other than access to it. its use in ClickAthlon digital platforms. For that sole and exclusive purpose, ClickAthlon grants you a limited, revocable and non-exclusive permission to access and use ClickAthlon's digital platforms privately and without commercial purposes, in accordance with these conditions.
(ii) Contributions from users
5.2 You retain the rights to any content that you contribute to digital ClickAthlon platforms. You will be solely responsible for your own user input and the consequences arising from loading the contents.
5.3 ClickAthlon digital platforms provide, in some cases, unfiltered access to user contributions. You understand and accept that ClickAthlon only acts as a platform for such contributions by users and that it has no responsibility whatsoever over such content published on ClickAthlon's digital platforms, either by virtue of legislation on intellectual property, libel, privacy, obscenity. or any other. ClickAthlon can not assume or assume the obligation to control the contributions of users. By its very nature, users' contributions to ClickAthlon's digital platforms are frequently changed, can be inaccurate and, in some cases, poorly cataloged or apparently poorly cataloged. ClickAthlon does not offer any declaration or guarantee, implicit or explicit, about the contributions of the users.
5.4 You declare and guarantee that your user contributions will: (i) not infringe any intellectual property rights, patent, trademark, industrial secret or any other right of ownership, publicity or privacy; (ii) will not violate any law or regulation; (iii) will not be defamatory or incur commercial libel; (iv) will not be obscene or contain pornography; (v) will not include incomplete, false or inaccurate information about you or any information about other individuals; and (vi) will not contain viruses, Trojans, worms, time bombs, emails, or any other malicious computer program, designed to cause damage, detrimentally interfere, surreptitiously intercept or expropriate any system, data or personal information. In particular, you declare and guarantee that you have the written consent, disclaimer or permission from each and every one of the identifiable persons in any of your user contributions to use their names or representations.
5.5 You grant ClickAthlon an irrevocable, worldwide applicable, non-exclusive, royalty-free, perpetual, sub-licenseable and transferable right to use, reproduce, distribute, prepare derivative works, display and execute your user contributions in connection with the platforms of ClickAthlon or issues of ClickAthlon (and its successors), including, among others, for the purpose of promoting and redistributing some or all of the user's contributions (and the work derived from them) in all formats and through any means. You hereby also grant any user of ClickAthlon's digital platforms a non-exclusive permission to access and use your contribution through ClickAthlon's digital platforms.
5.6 You understand and accept that ClickAthlon has no obligation to publish any contribution from you or anyone else. In addition, ClickAthlon may, at its sole discretion, edit, delete or delete any contribution you post or send, as well as terminate without prior notice your access to ClickAthlon digital platforms if, in ClickAthlon's opinion, such contribution violates the intellectual property rights of others or violates any of the provisions contained in these conditions. In particular, ClickAthlon reserves the right to determine the design, final layout and functionality of ClickAthlon's digital platforms, which could involve reviewing, changing format and editing user contributions.
(iii) Content from third parties
5.7 Your participation in promotions of advertisers and merchants established in the digital platforms of ClickAthlon or through them, as well as any contracting or agreement with advertisers and merchants, including payment and delivery of the related products or services, and any condition, guarantee or statement related to such contracting or agreement, shall be exclusively the responsibility of you and said advertiser or merchant. You agree that: (i) ClickAthlon will not be liable for any losses or damages arising from said negotiations or the presence of the mentioned advertisers or merchants on the digital platforms of ClickAthlon; and (ii) any order placed on ClickAthlon's digital platforms and all specifications and availability of the products that appear on it (including, among others, online stores), will be subject to confirmation by the advertiser or merchant, as well as to their business conditions.
5.8 Third parties may offer, and ClickAthlon digital platforms may contain, application programming interfaces, links or sources to and from other websites or resources. Since ClickAthlon does not control such sites or resources, you declare and agree that ClickAthlon is not responsible for the availability of such sites or external resources, or create or endorse any content available on such sites and resources, and is not responsible for them. In addition, you declare and accept that ClickAthlon will not be responsible or liable, directly or indirectly, for any damage or loss caused or that is assured to have been caused by the use of (or the trust deposited in) said contents, goods, services or any other material available in such APIs, links or sources from or to other websites or resources.
5.9 If you wish to establish a link with ClickAthlon's digital platforms, you expressly commit to: (i) not include ClickAthlon's digital platforms within the framework of another website; (ii) not create associations of third parties in relation to ClickAthlon digital platforms; (iii) correctly assign ClickAthlon the corresponding ClickAthlon digital platforms in your link; and (iv) make sure that the link does not affirm or imply the approval by ClickAthlon of the activity of any other website, company, resource or entity, nor does it support or sponsor it, nor does it offer a false, deceptive, defamatory image, disparaging or in a way that harms the image of ClickAthlon or takes advantage of it.
Regardless of the promise you make to ClickAthlon in article 5.9 about misappropriation and possible confusion regarding third-party content, the link to ClickAthlon's digital platforms does not allow you to use any content of ClickAthlon or third-party names. , logos, images or registered trademarks, unless previously agreed in writing and separately by the corresponding owners of the rights.
ClickAthlon reserves the right to demand at any time that you eliminate any link to ClickAthlon digital platforms.
5.10 If you want to use or display ClickAthlon sources on your website:
(a) ClickAthlon grants you a non-transferable, non-exclusive and royalty-free license, and is subject to these terms of service to display ClickAthlon sources on its website;
(b) you expressly agree: (i) to ensure that ClickAthlon's sources do not stipulate or imply that ClickAthlon approves, sponsors or endorses any other activity of the website, company or entity, resource, content, or submits to ClickAthlon or its activities of a false, deceptive, defamatory or derogatory manner, or in any way harms ClickAthlon's reputation or takes advantage of it; and (ii) correctly attribute to ClickAthlon the ClickAthlon sources used, to avoid any misappropriation and confusions;
(c) Whenever possible, you must create an active link that accesses the ClickAthlon article or any other material summarized by the ClickAthlon source in question.
6. INFORMATION ON COPYRIGHT AND TRADEMARKS
6.1 ClickAthlon, the ClickAthlon logo, the emblems and mascots of ClickAthlon competitions, including logos, products and service names, are registered trademarks and material subject to the copyright of ClickAthlon. You agree not to display or use ClickAthlon brands in any way without prior written permission from ClickAthlon.
6.2 Certain contents of ClickAthlon digital platforms are provided by third parties. It is expressly forbidden to republish or redistribute said contents, even in frames or similar media, without the prior written consent of the relevant rights holders. ClickAthlon will not be held responsible for any errors or delays in the contents, nor for any action that may be taken in this regard. For more information, please consult the websites of the corresponding rights holders.
7. COPYRIGHTS and COPYRIGHT AGENTS
ClickAthlon respects the intellectual property rights of others. If you believe that any of your intellectual property rights have been infringed on ClickAthlon digital platforms, send ClickAthlon the following information: name, surname, postal address, email address, type and extent of the violation (date, time, etc.), through the email ClickAthlon.email@example.com.
8. MODIFICATIONS IN THE SERVICE
ClickAthlon reserves the right to modify ClickAthlon's digital platforms, services, ClickAthlon content, user contributions and content from third parties (or any other party) at any time and from time to time. interrupt it, temporarily or permanently, with or without prior notice. You agree that ClickAthlon will not be liable to you or to any third party in the event that ClickAthlon will modify, suspend or discontinue ClickAthlon's digital platforms, services, ClickAthlon content, user contributions and third-party content. Although ClickAthlon will take reasonable precautions to provide ClickAthlon digital platforms, services, and updated ClickAthlon content, it is possible that a portion of the ClickAthlon digital platforms, services, and ClickAthlon content become obsolete at any given time, without ClickAthlon having the obligation to update it.
ClickAthlon may, at its sole discretion and without liability to you, with or without cause, especially if you do not comply with these conditions, the Google Terms or the Apple Terms, with or without notice, and at any time : (i) invalidate access (whether restricted or not) to the digital platforms of ClickAthlon in whole or in part; and (ii) deactivate or eliminate any of your accounts and all information and related files of those accounts, as well as your user contributions. Please also note that, in this case, your access to third-party content may also be invalidated.
11. DISCLAIMER OF LIABILITY
11.1 WHEN YOU ACCESS THE CLICKATHLON DIGITAL PLATFORMS AND USE THEM, YOU DO SO AT YOUR OWN RISK. CLICKATHLON DIGITAL PLATFORMS, SERVICES OR CLICKATHLON CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". CLICKATHLON EXPRESSLY DISCLAIMS, AND YOU DISCLAIM, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 CLICKATHLON DOES NOT REPRESENT OR MAKE ANY WARRANTY THAT: (i) CLICKATHLON DIGITAL PLATFORMS, SERVICES, OR CLICKATHLON CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE CLICKATHLON DIGITAL PLATFORMS, THE SERVICES OR THE CLICKATHLON CONTENT ARE NOT INTERRUPTED, TIMELY OR SECURE, OR ARE ERROR-FREE; (iii) THE RESULTS OBTAINED BY THE USE OF THE CLICKATHLON DIGITAL PLATFORMS, THE SERVICES OR THE CLICKATHLON CONTENT ARE RELIABLE OR ACCURATE; (iv) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION, MATERIALS AND OTHER ITEMS THAT YOU ACQUIRE OR OBTAIN THROUGH THE CLICKATHLON DIGITAL PLATFORMS, THE SERVICES OR THE CLICKATHLON CONTENT MEET YOUR EXPECTATIONS; NI (V) THE ERRORS THAT PRESENT THEIR CONTENTS ARE CORRECTED.
11.3 ALL MATERIALS DOWNLOADED OR OBTAINED IN ANY WAY THROUGH THE USE OF THE CLICKATHLON DIGITAL PLATFORMS, THE SERVICES OR THE CLICKATHLON CONTENT WILL RUN AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR THE DAMAGES THAT YOUR COMPUTER SYSTEM OR FOR THE LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL WILL SUFFER.
11.4 NEITHER COMMENTS OR THE REST OF THE MATERIAL PUBLISHED ON THE CLICKATHLON DIGITAL PLATFORMS, THE SERVICES OR THE CLICKATHLON CONTENT ARE INTENDED TO BE RECOMMENDATIONS, NOR YOU WILL HAVE TO RELY ON THEM. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLICKATHLON OR THE CLICKATHLON DIGITAL PLATFORMS, THE SERVICES OR THE CLICKATHLON CONTENT SHALL CREATE ANY WARRANTY OR OBLIGATION, EXCEPT AS EXPRESSLY CONTAINED IN THE TERMS OF SERVICE; FURTHERMORE, CLICKATHLON DISCLAIMS ALL LIABILITY ARISING FROM THE RELIANCE DEPOSITED ON SUCH MATERIALS BY ANY VISITOR OF THE CLICKATHLON DIGITAL PLATFORMS OR BY ANY OTHER PERSON WHO MAY BE AWARE OF ANY OF ITS CLICKATHLON SERVICES OR CONTENT.
You agree to exonerate and exempt ClickAthlon, its affiliates, licensors, licensees, delegates, representatives, associates and other partners from all liability, damages, claims, penalties, fines, costs and expenses, including, among others, the legal costs reasonable, that could derive from: (i) your use and access to the ClickAthlon digital platforms, the Services or the ClickAthlon Content, including, among others, any content or user contribution that you have loaded, as well as its relationship with the platforms ClickAthlon digital, services or ClickAthlon content; (ii) your failure to comply with the provisions of the service conditions; or (iii) any claim by third parties that any of your user contributions or any use you have made of the ClickAthlon digital platforms, the services or the content of ClickAthlon infringes any intellectual property right or any other right of property or privacy of said third party, or have harmed third parties.
13. LIMITATION OF LIABILITY
You expressly acknowledge and agree that ClickAthlon will be exempt from liability for any direct, indirect, incidental, special, consequential or exemplary damages, including, among others, any loss of profits or damage resulting from the loss of commercial funds, the use of the data or other intangible losses (even if ClickAthlon has been alerted to the possibility of such damages), which are derived from: (i) the use or inability to use the ClickAthlon digital platforms, the services or the content of ClickAthlon ; (ii) the cost of supplying the replacement goods and services, resulting from the purchase or obtaining of goods, data, information or services, or the messages received or the transactions formalized through the digital platforms of ClickAthlon or from them; (iii) unauthorized access to your transmissions or data, or their alteration; (iv) statements or behavior of third parties on ClickAthlon digital platforms, services or content of ClickAthlon; (v) the results of the ClickAthlon digital platforms, the services or the content of ClickAthlon, and of any of the digital ClickAthlon platforms, the linked services or content of ClickAthlon and the materials published in them; or (vi) any other matter related to the ClickAthlon digital platforms, the services or the content of ClickAthlon.
You agree that, regardless of any law that states otherwise, any claim or action arising from the use of the ClickAthlon digital platforms, the services or the content of ClickAthlon must be filed within one (1) year of its occurrence. its cause.
14. EXCLUSIONS AND LIMITATIONS
Certain jurisdictions do not allow the exclusion of certain guarantees or the limitation or exclusion of liability for direct or indirect damages. Therefore, some of the limitations included in articles 12 and 13 may not apply to you.
None of the provisions of these conditions will affect the rights of mandatory nature that the consumer has by law, nor will they exclude or restrict liability for death or personal injury arising from ClickAthlon's negligence or fraud or any other liability (for example, intentional or malicious intent). serious negligence) that can not be excluded or limited by the current law.
The notifications will be sent to you by email to the corresponding addresses that you provide to ClickAthlon periodically.
If we modify the present conditions in any way, we will publish the updated version on this page of the ClickAthlon website. The ClickAthlon website and / or the ClickAthlon application may provide notifications of changes in the terms of service or other issues, through the normal publication of notices or links to notices on ClickAthlon digital platforms.
16. GENERAL INFORMATION
16.1 The present conditions (including the conditions applicable to certain services) constitute the entire agreement subscribed between you and ClickAthlon in relation to the object in question, and will revoke and cancel any contract, agreement or previous commitment of any nature, subscribed between you and ClickAthlon , either verbal or in writing, in relation to the object in question. You may have to comply with other additional conditions, which will apply if you use the services of subsidiaries, third-party content or third-party software.
16.2 In the event that ClickAthlon refrains from exercising or enforcing any of its rights or the provisions of the terms of service, this will not imply a waiver of such right or provision.
16.3 If any of the provisions of these conditions is declared null and void, the parties undertake to maintain the intentions contained in said provision to the extent possible, and the other provisions will remain in full force. The titles of the articles of these conditions have a practical function exclusively and have no legal or contractual effect whatsoever.
16.4 You are prohibited from assigning or transferring any of your rights or obligations or subcontracting the performance of the obligations contracted under these conditions. ClickAthlon may assign any right or obligation or subcontract the performance of any of its obligations under these terms to any third party at any time and without your consent.
16.5 The conditions of service and the relationship between you and ClickAthlon will be governed by the material laws of Spain.
16.6 This document has been written in Spanish and has been translated into other languages. In case of discrepancies between the Spanish text and the translated texts, the Spanish version will prevail to resolve any questions of interpretation.
We ask that you inform ClickAthlon of any breach of the service conditions through the email ClickAthlon.firstname.lastname@example.org.
In the event that the provisions of these terms of service conflict with the provisions contained in the terms of service of third parties on the digital platforms of ClickAthlon, the provisions of these terms of service will prevail.