Company: UNITED GAMERS S.L. (hereinafter referred to as “UNITED GAMERS”)
Address: c/ Napols, núm. 338-340, escalera derecha SA, Barcelona, España
Public Registration data: Registro mercantil de Barcelona, Hoja B-548741 Tomo 47330, Folio 140
1. THIS SERVICE
UNITED GAMERS PLATFORM is provided by ULTIMATE GAMERS, S.L. (us, we, the Company, ULTIMATE GAMERS) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions. In case you are a minor, you must be supported by your parents or legal tutor.
3. REGISTRATION AND ACCOUNT INTEGRITY
3.1 As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 The contracted licenses by you during the Started process are not transferable according to our End User License Agreement (LINK EULA)
A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organization or invoice for the additional user backdated to the account in question’s original subscription date.
3.3 We do not keep client passwords on file and therefore cannot reset these passwords on behalf of clients. This must be done using the password reset link on the login page of the web app or in the User Settings section for the individual user.
3.4 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately.
4. PRICING, PLANS AND FEATURES
4.1 Pricing plans are public and can be find on https://unitedgamers.pro
4.2 We reserve the right to change, upload pricing, plans and the features offered at any time and without notice to you.
5. PAYMENT AND CREDIT CONTROL
5.1 All services are billed in advance and these can be billed monthly or annually depending on the client requirements. It can be chosen during the “Get Started” process and can be modified from the user account area.
5.2 Free trials will be controlled by ULTIMATE GAMERS Staff.
5.3 Where the Service has been paid for 12 months in advance (annually), payment will be expected on each anniversary automatically.
5.4 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
5.5 If payment is not made within 30 days, the account will be restricted until payment is made.
5.6 The payment information and credit card details provided by you are not stored in our service neither we keep the information. The payment process is secured by [Payment Plataform].
6.1 You many cancel your account or accounts at any time.
6.2 Cancellation should be made by the following means of communication:
(i) phone call from the Admin user or Billing Department associated with the account to an ULTIMATE GAMERS representative. If you do not have the phone number for an ULTIMATE GAMERS representative, email firstname.lastname@example.org and we will contact you.
(ii) Using the UNITED GAMERS platform in your Account Billing [insert link]
6.3 Cancellation by any other means, including (but not limited to) fax, text, instant message, is not valid.
6.4 For annual accounts no refunds will be offered for the complete remaining months of the service not used.
7. UPGRADING OR DOWNGRADING ACCOUNTS
7.1 Where an account is upgraded the new higher monthly or annual charge will be automatically applied on the date. The difference of the old rate not used during the contracted period will be refund to the client, once the new rate (annually or monthly) is charged.
7.3 In the case of annual accounts no refund will be offered for complete remaining months of the service where the user downgrades the account.
8. INTELLECTUAL PROPERTY RIGHTS
The contents of the website, including, among others, texts, documents, photographs, drawings, graphic representations, as well as logos, trademarks, or other distinctive signs, whatever their format, creations, platforms, characters, audiovisual effects, and the software -source code, object code, instructions, and other materials- are the property of UNITED GAMERS, or it has sufficient rights of use. The contents are protected by international laws and treaties on intellectual property. In this sense, it is expressly prohibited to copy, reproduce, sell, transmit, distribute, republish, modify, or display for commercial use without UNITED GAMERS’s prior consent. The User agrees to respect the Intellectual Property rights owned by UNITED GAMERS.
UNITED GAMERS authorizes the User to make private reproductions (simple download and storage activity on their computer systems), as long as the elements are intended solely for personal and non-commercial use.
9. TRIAL AND OFFER PERIODS
9.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
9.2 These Terms and Conditions apply to all trial or offer period accounts.
10. TECHNICAL SUPPORT
10.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
10.2 We reserve the right not to provide a full technical support service to free or trial account users.
11. SPECIFIC SERVICE RULES
11.1 As a user you agree not to do any of the following:
– Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
– Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
– Use or harvest data provided by other users in a way that they would object to.
– Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organizations.
– Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
– To pose as another user, third-party or organization employee for the purposes of obtaining user or third-party information.
– To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
– Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
– Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
– Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
11.2 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgement is in breach of these Terms and Conditions.
12.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user, you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
12.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination.
13. ACCESS AND BACKUPS
13.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly, either wholly or partly, we shall offer (where possible) the opportunity of repeat performance of the Service – where appropriate and practical.
14.1 We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
14.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
15. LIMITATION OF LIABILITY
15.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
15.2 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
17. WITHDRAWAL’S USER RIGHT
Given the digital nature of the products offered by UNITED GAMERS, Users do not have the right of withdrawal recognized, in accordance with the provisions contained in article 103 of Royal Legislative Decree 1/2007, of November 16, Consolidated Text of the General Law for the Defense of Consumers and Users and other Complementary Laws.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
19. ENTIRE TERMS & CONDITIONS
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you were major changes or amendments are made.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Spanish law and shall be subject to the exclusive jurisdiction of the Barcelona (Spain) Spanish.