February 1, 2020
The website located at www.loveyouplay.com, including any of its subdomains or sections (hereinafter, the “Website”) is operated by LOVEYOUPLAY, as are any of the mobile applications published by LOVEYOUPLAY (hereinafter, the “applications”).
These conditions (hereinafter, the “Conditions”) regulate access, navigation and use of the Website; the downloading and use of the Applications by its users (hereinafter, the “User” or the “Users”, as applicable); as well as the services provided through the Website or the Applications (hereinafter, the “Services”).
The access and use of the Website or the download or use of the Applications assume that the User has read and accepts in full and is obliged to fully comply with these Conditions.
LOVEYOUPLAY may modify these Conditions at any time, so we recommend your review regularly. The date at the beginning of these Conditions indicates the date of the last revision of these Conditions, which will be applicable since its publication.
Some of the Services may be subject to specific conditions or instructions of LOVEYOUPLAY or the third parties that provide them, which will complete or, if they are contrary to what is established herein, will replace the content of these Conditions, and that must be accepted by the User before If the corresponding Service is provided.
1. OBJECT OF THE SERVICES
LOVEYOUPLAY is a platform where competitions and challenges of different games linked to sports apps and geolocated games are centralized. Through the Services, the User can create an account, join a competition, upload scores, publish posts, as well as display information and content in relation to the different games and linked apps.
2. AUTHORIZED USE
The User is authorized to use the Services only if it is a natural person and in accordance with these Conditions. The User undertakes to use the Services in good faith and only for domestic and private purposes. Users are not authorized to use the Services for any purpose other than their personal use, such as commercial, lucrative or business purposes.
The User undertakes not to use the Services negligently, for fraudulent purposes or for the purpose of infringing the Law. Likewise, the User undertakes not to carry out any conduct that could damage the image, interests and rights of LOVEYOUPLAY or third parties.
The User understands that he must not rely on the Application and the Services in any life or death situation. The user also understands and accepts the risks associated with allowing others to visualize their location while using the Live Tracking functionality.
The User shall refrain from interfering with the operation of the Website, the Applications or the Services, in particular, of impersonating another user or person. The User undertakes not to perform any act that damages, disables or overloads, deteriorates or prevents the normal use of the Website, of the Applications or of the Services, that affects its security or that hinders or interferes with them. Access by robots, spiders or any other device, program, mobile application or tool to access, copy or control any part of the Website, the Applications or the Services or any other access and use of the Website, of the Website are prohibited. Applications or Services that are contrary to normal operation and for personal purposes or that unjustifiably injure the interests of LOVEYOUPLAY, without prior express authorization of LOVEYOUPLAY. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website or the Applications (including User Content, as this term is defined below) using means or techniques different from those that suppose the usual form of use or those expressly authorized by LOVEYOUPLAY.
In any case, the use of the Services through the Applications by a User is presumed abusive and unauthorized when (i) their use of a specific service is greater than the use made by 99% of the users in a specific period and (ii) LOVEYOUPLAY considers that it may affect the quality or security of the service of other users. LOVEYOUPLAY will proceed to block access to Users who make abusive or unauthorized use. The ability to block malicious users is the only way to ensure that we can offer a reliable service to all legitimate users.
It is the responsibility of the User to verify, prior to their use, that the Services are adapted to their needs.
To use certain Services, the User must register, creating a username and password and activating his account. For these purposes, the User must provide a valid email address, through which he receives any notification regarding the Services.
The User undertakes to provide the information required for registration on a mandatory basis as well as to provide truthful, complete and updated information. It is the responsibility of the User to keep the aforementioned information updated, as appropriate. If the User provides, or LOVEYOUPLAY has reason to suspect that he has provided false, outdated or incomplete information, LOVEYOUPLAY may suspend or resolve his registration.
The User must keep his password, treat it confidentially and not reveal it to other people. Other users should not be allowed access from the User’s account nor should another user’s account be used.
The User is responsible for what is done from their account through any device. If you suspect that another user is using your account, you should immediately inform LOVEYOUPLAY.
LOVEYOUPLAY may suspend or cancel the User’s account if it considers that it has breached these Conditions.
4. RULES IN RELATION TO THE CONTENTS
Through the Services, Users can:
1. Create, save, host or share your scores and achievements in the different Competitions or Challenges, through the Website or the Applications.
2. Host and publish photos, videos or additional information in relation to those Competitions or Challenges in your account, through the Website and the Applications.
3. Express your opinions and comments through the Forum (hereinafter, the “Comments”). Or through direct messages between users.
By publishing Routes and Points of Interest, Photos and Videos, Comments or any other information or content (hereinafter, jointly, the “User Content”), the User agrees to comply with the following rules:
1. The User Content must be relevant, respect at all times the rights of third parties, not be contrary to laws, morals and public order and comply with these Conditions. Users must bear in mind that through the Services they can publish the User Content in a public forum and that they are responsible for what they store and publish through the Website and the Applications.
2. The User must be the owner of the intellectual, industrial or any other type of property rights over the User Content that he shares, as he is the original author or owner or is authorized to do so by the corresponding author or rights holder.
3. If the image, voice or name of any person or any confidential or private information in relation thereto appears in the User Content, that person must have authorized the publication of that Content.
4. The User Content must not include advertising or promotional material, nor be used to disseminate advertising or for profit.
5. User Content must not include viruses, worms or any type of code of a destructive nature.
6. The User Content must comply with the technical conditions and requirements established at all times by LOVEYOUPLAY.
In particular, the User agrees that the User Content complies with the LOVEYOUPLAY Principles and Good Practices, especially with regard to respect for the property, rights and interests of third parties or general.
LOVEYOUPLAY is limited to hosting the User Content. Consequently, LOVEYOUPLAY does not edit, select, examine, control, guarantee, approve or identify with the User Content in particular and without limitation, LOVEYOUPLAY does not guarantee that the User Content is accurate, current, legal, suitable for a purpose or Specific Users or that does not imply the breach of any applicable regulations or an infringement of third party rights, being the responsibility of the User to ensure that its use does not involve a risk or the performance of an illegal activity. Specifically, in accordance with Law 34/2002 on Services of the Information Society and Electronic Commerce, LOVEYOUPLAY as a service provider of the information society through the Website, neither supervises nor can judge the contents that include the Users If you wish to make any query regarding the User Content or believe that you infringe any right, that does not comply with these Conditions or that is inappropriate, you can do so by contacting LOVEYOUPLAY in the email indicated at the end of these Conditions.
Notwithstanding that LOVEYOUPLAY is not obliged to make a general supervision of the User Content, LOVEYOUPLAY may modify or delete, totally or partially and at any time, any User content that, in its opinion, breaches these Conditions or may be offensive, illegal or infringe rights of third parties.
The User acknowledges and accepts that he uses the Website, the Applications and the Services at all times at his own risk and responsibility, so LOVEYOUPLAY is not responsible for the misuse, misuse or use contrary to these Conditions that he may make of the same.
The User will be responsible for the damages and losses that originate from LOVEYOUPLAY as a result of their use of the Website, the Applications and the Services in breach of these Conditions and undertakes to keep LOVEYOUPLAY and its administrators, staff, agents and representatives harmless of any responsibility they may incur as a result of said breach by the User.
LOVEYOUPLAY does not guarantee the availability and continuity of the operation of the Website, of the Applications and of the Services (in particular, to the extent that they depend on third parties), nor their reliability, accuracy or correctness or their usefulness for a purpose or activity specific. To the extent permitted by applicable regulations, LOVEYOUPLAY excludes any liability for damages of any kind that may be due to the foregoing.
With an enunciative, but not limiting nature, LOVEYOUPLAY is not responsible for any damages that may arise from:
1. Interruptions, viruses, breakdowns, interferences, omissions or disconnections of the electronic system, the communications system or its equipment for reasons beyond LOVEYOUPLAY.
2. Delays or blockages in the use of the Website, of the Applications and of the Services due to deficiencies or overloads on the Internet, in the lines or in the electrical or communications systems.
3. Third party actions.
4. The inability to access the Website, the Applications or the Services due to maintenance or updating.
5. Any other assumption outside the control of LOVEYOUPLAY.
EXCEPT IN CASE OF PAINFUL ACTION, AND THOSE IN WHICH BY THE PARTICULAR CIRCUMSTANCES OF THE USER OR THE OBJECT, RESULTS OF APPLICATION AN IMPERATIVE REGIME OF RESPONSIBILITY, THE USE OF THE WEBSITE, OF THE APPLICATIONS AND OF THE SERVICES IS PERFORMED ONLY ENTIRE RISK OF THE USER AND LOVEYOUPLAY WILL NOT BE LIABLE FOR ANY DAMAGE OR INJURY OF ANY NATURE GENERATED TO THE USER BY USE OF THE WEBSITE, APPLICATIONS OR SERVICES.
In accordance with the provisions of the previous Fourth Condition, in relation to the User Contents, LOVEYOUPLAY acts exclusively as a service provider consisting of enabling the Website and Applications as a space through which Users can store and publish said Content of the User. The responsibility for the storage or publication through the Website and the Applications of the User Content and of all information, data, texts, software, sounds, photos, graphics, videos, news or other materials included in it, is exclusive to the User who stores or publishes it except in the cases expressly provided in the Law.
The inclusion of links in the Services does not presuppose any relationship, recommendation or supervision by LOVEYOUPLAY with the landing page and, therefore, LOVEYOUPLAY accepts no responsibility for its content, except in the cases expressly provided in the Law.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
All industrial and intellectual property rights over the Website, Applications, Services, its graphic design and source code, as well as the various elements included in them (by way of example: texts, images, animations, databases , graphics, logos, brands, distinctive signs, icons, buttons, photographs, videos, sound recordings, etc.) belong or are licensed to LOVEYOUPLAY.
In particular and without any limitation to what is established in the previous paragraph, LOVEYOUPLAY has a “sui generis” right as a manufacturer of the database constituted by all the content of the Website and the Applications in the terms established in the articles 133 et seq. Of the Consolidated Text of the Intellectual Property Law. Under said right LOVEYOUPLAY prohibits the extraction and / or reuse of all or a substantial part of the content of the Website and the Applications, assessed qualitatively or quantitatively. Likewise, LOVEYOUPLAY prohibits the repeated or systematic extraction and / or reuse of non-substantial parts of the content of the Website and the Applications when they suppose acts contrary to a normal exploitation of said base or that cause unjustified damage to the legitimate interests of LOVEYOUPLAY.
The User is authorized only to access and use the Website, Applications and Services and download their content for mere personal and non-commercial or collective use. Except in those cases in which it is expressly authorized, the User is expressly forbidden the reproduction or distribution for other purposes, as well as the transformation, realization of derivative works of any kind, public communication, making available, extraction, reuse or any use of the Website, of the Applications or of the Services or of any of its parts.
The User will continue to hold the rights to the User Content that he stores or publishes through the Services in accordance with the previous Fourth Condition.
When storing or publishing any User Content, the User grants LOVEYOUPLAY, which accepts, a non-exclusive, free license, with the power to sublicense any third party, with a worldwide territorial scope, for the entire period of validity recognized to them in under the applicable regulations, to:
1. Access, use, host, reproduce, modify, transform, update, translate, publish, distribute, delete, incorporate or make available the User Content, in whole or in part, through the Website, Applications or the Services or through third-party sites with which LOVEYOUPLAY agrees to publish and make available the User Content.
2. The adaptation and realization of derivative works based on the User Content.
3. The use of User Content in relation to other content.
4. The performance of the technical or maintenance activities necessary for the fulfillment of the foregoing.
The User guarantees that he is the owner of all the necessary rights over the User Content for storage and publication through the Services and for the granting of the previous license or that he has obtained all the transmissions of rights, licenses, permits or consents.
Likewise, when this results from the conditions set by the User in the registration procedure or in the management of his account, the User authorizes LOVEYOUPLAY to publish and use in accordance with these Conditions all the information related to his account that the User has accepted to publish. The User acknowledges that his username will be public in any case.
7. LICENSE FOR USE OF APPLICATIONS
LOVEYOUPLAY authorizes the User to download and use the Applications only under this license. LOVEYOUPLAY reserves all rights related to the Applications that are not granted to the User expressly in this license. The terms of this license regulate any update provided by LOVEYOUPLAY that replaces or complements the original Applications, unless such update is accompanied by a separate license, in which case the conditions of that license will apply.
LOVEYOUPLAY grants the User a non-transferable license to download and use the Applications, in object code only, on a device owned or controlled by the User and only for the purposes and uses authorized by these Conditions. This license does not allow the User to use the Applications on any device that is not their property or that is not under their control.
The User will not distribute or make the Applications available to the public through networks where they can be used by several devices at the same time. The User will not rent, sell, distribute, communicate to the public or sublicense the Applications. The User will not copy (except to the extent expressly authorized by this license), decompile, perform reverse engineering actions, disassemble, attempt to obtain the source code, modify or create works derived from the Applications, their updates or any part of the same (except and only to the extent that such restriction is prohibited by applicable law or by the licensing conditions that regulate any of the open source components included in the Applications). Any attempt to carry out the above actions is a violation of the rights of LOVEYOUPLAY and its licensors.
The User accepts that LOVEYOUPLAY may collect and use certain technical data and information (including, without limitation, technical information) about the User’s device, system and software and its peripherals, periodically to facilitate the provision of software updates, maintenance and Other services related to the Applications. LOVEYOUPLAY may use this information, provided it is dissociated, to improve its products or provide services or technologies to the User.
This license may be terminated by LOVEYOUPLAY or the User. The rights of the User under this license will automatically terminate without notice if the User breaches any of the license conditions. Upon termination of the license, the User will cease all use of the Applications and destroy all copies, total or partial, of the same.
To the extent permitted by applicable regulations, the Applications are provided “as is” and “as are available”, with all its defects and without warranty of any kind and LOVEYOUPLAY rejects any warranty with respect to the Applications, whether express, implied or legal, including without limitation guarantees of merchantability, satisfactory quality or validity for a specific purpose. In case the Applications are defective, the User assumes all the costs of the necessary services, repairs and corrections, to the extent allowed by the applicable legislation.
8. MODIFICATION OR TERMINATION OF SERVICES
LOVEYOUPLAY may, at any time and without incurring any responsibility, vary the content of the Website, the Applications or the Services, interrupt the provision of all or some of the Services and functionalities or deactivate or delete all or some of the accounts, without further limitation than those established by applicable laws on the obligation to maintain records of certain operations during the corresponding legal deadlines.
9. TOURNAMENT RULES AND CHALLENGES
In order to participate, it is necessary to have an account in LYP and join the challenge within the stipulated time frame. By joining the challenges, players recognize that they have read, understood and accepted to comply with all the rules.
Any form of cheating, abusing the mechanics in the game or unsportsmanlike behaviors may result in the player disqualification of that challenge or even having his LYP account closed by the administrators. The punishable unsportsmanlike behavior includes, among others, the manipulation of the tracks, deceiving with the type of activity performed when registering a route, using means other than those provided in the bases to carry out the activity, altering speeds, times, distances or heights, etc.
The rules are subject to change at any time, so check them frequently. When a change is made, an asterisk (*) will be placed next to the updated rule.
The user is prohibited from sharing the account information stored in LYP with another person for any reason. This includes, among others, the following: usernames, passwords, email accounts, etc. If another person accesses your account, you can be disqualified from the event and removed from LYP.
The administrators will check the activities carried out by the participants, may request the shipment of the tracks, screenshots, etc., reserving the right to declare the departure of any player void in the event of finding alterations in the performance of the activities.
Failure to comply with the rules will result in the loss of the challenge.
LYP is not responsible in any case for the misuse that users may make of the web platform or the apps that users use to compete. Nor is it responsible for any possible accidents that may occur due to the use of apps associated with the proposed challenges.
The games will take place according to the start and end dates listed in the information provided on the LYP page corresponding to the challenge.
It is important to carry out and save the activity according to the way defined in the bases of the challenge (cycling, running, walking, hiking or inline skating).
The scoring criterion is defined in the general information of the challenge (distance, speed, altitude, etc.).
As the player performs his activities with your favorite app, they will be uploaded to the server and the scores can be seen in the Ranking of the challenge page.
In the case of challenges where the scoring criterion is the distance or the accumulated altitude, several activities may be added provided they have been carried out in the Challenge interval.
Once the challenge is over, the PROVISIONAL WINNER will appear on this website and after making the appropriate checks, the DEFINITIVE WINNER will be declared.
In case of a tie, the player who has previously sent his score to LYP will be considered the winner.
Prizes, if any, will be defined in each of the challenges: number of winners, type of prize, etc.
Prizes will be subject to change according to the total number of participants.
After the winner of the challenge is proclaimed, LYP staff will contact the player via the email provided in their user account to send the prize.
10. GENERALITIES AND CONTACT DATA
The use of the Website, Applications and Services is governed by Spanish law. In the event that any of the provisions contained in these Conditions is declared void, it will be removed or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions contained in these Conditions.
LOVEYOUPLAY is located at c /Francisco Remiro 44, 28028 Madrid, Spain.
You can contact LOVEYOUPLAY at the email address firstname.lastname@example.org.