LEGAL NOTICE AND TERMS AND CONDITIONS OF USE OF THE WEBSITE

SUPERFANTASY”

This document (hereinafter, the “Terms of Use“) regulates the use of and access to the website superfantasylol.com (hereinafter, the “Website“), through which the game called “SUPERFANTASY” (hereinafter, the “Game“) is managed and organized, as well as access to the contents available on the same, the provision of services carried through the Website and the responsibilities arising from its use.

Access, navigation and use of the Website is only allowed for people over the age of 16 and implies the express and unconditional acceptance of all the conditions of these Terms of Use, having the same validity and effectiveness as any written and signed contract. Any person who accesses, browses or uses the Website must observe and comply with these Terms of Use. Therefore, if you do not agree with the terms set out here, do not access, browse or use the Website.

1. COMPANY INFORMATION

The Website is owned by FANDROID ENTERTAINMENT, SL (hereinafter, “FANDROID“), a company with registered office at Avda. Diagonal, 177-183, Edificio Imagina, 08018, Barcelona and holder of Tax ID Number (NIF) B-64910292, registered in the Commercial Registry of Barcelona, Volume 43,090, Folio 156, Sheet B-369917.

You can contact us at the email address [email protected]

2. ACCESS, REGISTRATION AND PARTICIPATION: ONLY FOR PEOPLE OVER 16 YEARS OLD

The access and use of the Website, as well as access to any of the contents available on the same, including participation in the Game, confers the status of Website user (hereinafter, the “User“) and implies the full unreserved acceptance of all the conditions contained in these Terms of Use when this access and/or use occurs. A User is also considered to be anyone who transmits information, registers or participates in or through the Website, and in doing so accepts these Terms of Use, as well as the following notices regarding FANDROID’s liability.

The User, who must be 16 years of age or older, in order to use certain contents of the Website and participate in the Game, must register through the Website, filling out the registration form provided for this purpose, including all the information and personal data requested. This information will be incorporated into a file owned by FANDROID and will be subject to the Privacy Policy contained in these Terms of Use.

All the information provided by the User through the forms on the Website must be truthful. For this purpose, the User guarantees the authenticity of all the data communicated and will keep all the information provided to FANDROID fully updated so that it responds at all times to the actual situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to FANDROID or third parties as a result of the information provided.

The registered User also acknowledges that the User account is personal and non-transferable. A password must be generated by the User according to the rules of robustness and complexity established at any time by FANDROID. The password created by the User will be valid for an unlimited period of time.

If the User selects a password that does not meet the minimum requirements in accordance with FANDROID’s current approved password policy, the User will be informed of this failure to meet the criteria, and of the conditions that must be fulfilled in order for the password to be valid.

FANDROID has the necessary functionality to allow the User to change the password whenever he/she sees fit to do so, for example, if the User suspects or establishes that the confidentiality of the password has been breached.

The password is personal and non-transferable. Therefore, the User agrees to make diligent use of his/her password and to keep it secret, not transmitting it to any third party or even to FANDROID. Therefore, Users are responsible for the adequate custody and confidentiality of any identifiers and/or passwords they have selected as registered Users of the Website, and undertake not to grant their use to third parties, either on a temporary or permanent basis, nor to allow access to third parties. The User will be responsible for the illicit use of the Website by any illegitimate third party who uses a password for this purpose due to a non-diligent use or loss of the same by the User.

Based on the above, it is the obligation of the User to notify FANDROID immediately of any occurrence that may allow the improper use of identifiers and/or passwords, such as theft, loss or unauthorized access to them, in order to proceed to their immediate cancellation. Until these occurrences are reported, FANDROID will be exempt from any liability arising from the misuse of identifiers or passwords by unauthorized third parties.

Access to the contents of the Website and participation in the Game is completely free, although there may be certain sections or services within the Website that require the payment of a monetary amount for their use and enjoyment. In this respect, and in all cases, Users will be duly informed in order to obtain their acceptance and consent if they wish to use them. In those cases where it is necessary to pay a monetary amount, this amount will be limited to a maximum of 500 euros per User and per Split of the competition. In any case, by accepting these Terms of Use, the User expressly accepts that he/she will not be able to spend or make purchases related to the Game that exceed the amount indicated.


Some Website services accessible to Users or exclusive to FANDROID customers may be subject to specific conditions, regulations and instructions which, where applicable, replace, supplement and/or modify these Terms of Use and which must be accepted by the User before the corresponding service is provided.

It will be the responsibility of the User to ensure that they have the adequate and necessary systems and infrastructure for the proper use of the Website, as well as the configuration of the same, especially in regard to security systems.

The User’s participation in the Game that is managed and organized through the Website implies the User’s full and unreserved acceptance of the Rules of said Game, which are available on the Website and accessible through the following link: https://superfantasylol.com/faq/

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND ASSIGNMENT OF IMAGE RIGHTS

3.1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

FANDROID is the owner or, as the case may be, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website and the Game, as well as all of the content offered therein, including the platform itself, text, photographs or illustrations, logos, trademarks, graphics, designs, interfaces or any other information or content and services available through it. In addition, FANDROID states that it is the owner of the source code, design, navigation structure, databases and various software elements of the website.

Under no circumstances will it be understood that access, navigation and use of the Website by the User or participation in the Game and the use of the products and/or services offered by FANDROID through its Website implies a waiver, transfer, license or total or partial assignment of such rights by FANDROID. The User has the right to use the contents and/or services of the Website in a strictly domestic environment, on an individual, recreational and non-commercial basis, and solely for the purpose of enjoying the services offered by the Website in accordance with these Terms of Use.

References to registered trademarks, trade names or other distinctive signs, whether owned by FANDROID or third-party companies, carry an implicit prohibition of their use without the consent of FANDROID or their legitimate owners. At no time, unless expressly stated otherwise, does access, navigation or use of the Website and/or its contents give the User any right to the distinctive signs included in them.

All intellectual and industrial property rights to the content and/or services of the website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the content contained in the Website, for public or commercial purposes, without the prior express written permission of FANDROID or, where applicable, of the owner of the corresponding rights.

In addition, it is forbidden to remove or manipulate the copyright indications or other credits that identify the owners of the rights of the contents that the User finds on the Website, as well as technical protection devices, digital fingerprints or any protection mechanism or information included in the contents offered on the Website.

If the User sends information of any kind to FANDROID through any of the channels provided for that purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that the information is not confidential or harmful to third parties.

In this regard, the User acknowledges and accepts that by registering and participating in the Website and/or the Game, he/she assigns all the necessary rights for the proper functioning and development of the Website and the Game to FANDROID, including, but not limited to, the right to maintain the User’s contents on the servers, adapting them to the technical needs of each moment, the right to show them to other Users, according to the level of privacy chosen, where applicable, and the right to use them for events and activities related to the Game and for press and promotional purposes of the Game. All rights to the exploitation of the aforementioned User contents will be understood to have been transferred by the User to FANDROID, for the maximum time permitted by law, without any territorial limitation and to be exploited by any means.

The User assumes responsibility and will hold FANDROID harmless for any communication provided personally or in his/her name, with this responsibility covering, with no restrictions whatsoever, the accuracy, legality, originality and ownership of the same.

If the User has knowledge of the existence of any content that is illicit, illegal, contrary to the law, or that could constitute an infringement of intellectual and/or industrial property rights, the User must notify FANDROID immediately at the email address [email protected] so that FANDROID can proceed to take the appropriate measures, as soon as FANDROID becomes effectively aware of this situation.

If any User or third party considers that any of the contents of the Website owned by FANDROID infringe upon their intellectual and/or industrial property rights, or any other rights, written notification should be sent to [email protected] with the necessary documentary evidence.

3.2. ASSIGNMENT OF IMAGE RIGHTS

For the purposes provided in Organic Law 1/1982, of 5 May, on Civil Protection of the Right to Honor, Personal and Family Privacy and One’s Own Image, Users grant authorization, without any compensation in return, for everyone and for the maximum period permitted by law, to FANDROID and other entities of the Business Group to which FANDROID belongs (identified in the following link http://entidades.imagina-media.com/), as well as any companies that may eventually collaborate in the realization of the Game, to use their name and image in any advertising or announcement that is made through any written or audiovisual media (including the Website itself, social networks and online platforms, among others), as participants or winners of the Game, and expressly agree to sign any documentation or authorization that may be necessary for the purposes provided in Article 2 of the aforementioned Law and any others that may apply.

4. RULES OF USE OF THE WEBSITE AND THE GAME

4.1 USE OF THE WEBSITE

The User agrees to make appropriate use of the content, materials and services offered by FANDROID on its Website and in the Game and not to use them to engage in illegal activities or activities contrary to good faith and public order, including the dissemination of content or propaganda of a racist, xenophobic or illegal pornographic nature or which supports terrorism or constitutes an attack on human rights, or which causes damage to the physical and logical systems of FANDROID, its suppliers or third parties, or introduces or disseminates computer viruses in the network or in any other physical or logical systems which could cause the aforementioned damage.

Failure by the User to comply with any of the above obligations may lead FANDROID to adopt the appropriate legal measures and the exercise of its rights or obligations, which may include the deletion or blocking of the offending User’s account and participation in the Game, without any possibility of compensation for damages.

The User is also informed that the Website may have areas through which Users can participate, publish their own content and/or share their own content or that published by FANDROID. These areas may be owned by FANDROID and therefore dependent and controlled by it, or external to FANDROID, in the case of independent social networks not connected to our organization for which we cannot be held responsible, nor for their proper functioning or the conditions and policies laid down by those responsible, and it is the responsibility of the user to give his/her consent and assume at all times the processing of the information published on these platforms.

In any case, we inform you that when the User participates in any of these areas, the other Users of the Website will be able to access and use all the contents published by the User. FANDROID cannot control the use that others will make of such content and therefore FANDROID cannot be held responsible for this. FANDROID recommends that you do not publish personal data or material protected by intellectual and industrial property rights or any other rights.

In the event the User of the Website makes content available (audiovisual, video or audio material, etc.) through this Website (“uploading” of the User’s own content to the Website) the User must first ensure that he/she is authorized or empowered to do so, as well as provide the information that is required regarding the origin and ownership of the content and the procedure by which the User has obtained it. This information must be truthful and verifiable when so required by FANDROID.

FANDROID will decide freely and without obligation what content should be made available to the public on the Website and can therefore choose from among all that received. The receipt of content on the Website does not in any way imply any obligation of FANDROID to make it available to the public on the Website, thus FANDROID reserves the right not to disseminate any content that it considers inappropriate, according to the editorial standards in force at any given time.

In order to make the Website a safe environment and to protect our Users, it is strictly forbidden to publish content:

  1. That may be considered a violation in any form of the fundamental rights to honor, personal and family privacy or the image of third parties and, in particular, of minors.

  2. That includes photographs that contain images or personal data of third parties without having obtained the appropriate consent of their owners.

  3. That violates the secrecy of communications or that involves an infringement of intellectual and industrial property rights or of the rules governing the protection of personal data.

  4. That contains any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order or these Terms of Use.

  5. That contains “spam” and/or links to sites unrelated to the corresponding space.

  6. That includes advertising or commercial communications for the issuance of messages for advertising purposes or for the collection of data for that purpose.

Users who fail to comply with these prohibitions will be responsible for any claims arising as a result and expressly agree to hold FANDROID and any of the entities in its Business Group harmless (identified at the following link http://entidades.imagina-media.com/). Even if no claim is made by a third party, FANDROID reserves the right to prevent access to the Website or the possibility of participating in the spaces provided therein to users who do not comply with these conditions. Furthermore, FANDROID will pursue the breach of the above conditions, as well as any misuse of the contents presented on the Website, exercising all civil and criminal actions to which it might be entitled.

FANDROID does not control the content posted by Users on the Website and assumes no responsibility for such content. Nevertheless, FANDROID reserves the right to monitor and/or moderate any content posted by Users and, if it violates these Terms of Use or the Privacy or Cookie Policy, to edit or remove it. If you find any information or content on the Web that may be inappropriate, contrary to current regulations or contrary to the Terms of Use of the Website, please notify FANDROID immediately through the various means provided for this purpose.

In any case, FANDROID will not be liable for infringements made by a User of the Website that affect any other User or third parties, including those relating to intellectual property rights, copyright, trademarks, patents, confidential information and/or any other intellectual or industrial property rights. It will also not be liable for the infringement by a User of the personal privacy, honor and/or own image of another User or a third party, which will be the exclusive responsibility of the offender, whether statements made in forums, opinions of the User or audiovisual materials provided by the latter, in the event that such functionalities exist. The User accepts his or her responsibility and the consequences arising from the violation of these rules and agrees to hold FANDROID harmless from any claims on these grounds.

FANDROID may also transfer content made available by the Users of the Website and/or participants in the Game, as well as any recordings of the Game, to any company in its Business Group (identified at the following link http://entidades.imagina-media.com/), in order to include them in the programming of any of the online channels or platforms they manage or any of the programs they produce for third parties, including local television stations, news services, agencies, etc.

For this purpose, the User of the Website and/or participant in the Game grants FANDROID express power to assign the rights of reproduction, public communication, transformation and distribution of the audiovisual content and texts included in the Website to third parties, as well as any recordings made of the Game in which Users may appear, for exploitation on the Internet or by any other means of exploitation, using any technology. By way of illustration, FANDROID may exploit the recordings made while the Game is being played, as well as the audiovisual content or texts made available through the Website by Users, and transfer their exploitation on the Internet to third parties (including, among others, Web, YouTube, social networks and online platforms such as U-BEAT or Twitch), free TV, pay TV, pay per view, video on demand (VoD) and similar systems, video media (DVD, CD ROM, Blue Ray, HD DVD, among others), operation in mobile devices, movie theaters, aircraft, and public or private establishments, open or not to the public, such as hospitals, hotels, etc. The rights will be understood to be assigned for the maximum time permitted by law and without any territorial limitation.

If you see any content on our Website that you find illegal, harmful or offensive, please let us know at this email address: [email protected]al.

The following is a list of some rules and behavior that are prohibited on the Website and in the Game, without prejudice to the provisions of the Rules of the Game (accessible at https://superfantasylol.com/faq/):

  • Users participating in the Game must be 16 years of age or older.

  • It is strictly forbidden to have more than one account on the Website and/or to participate in the Game from several accounts or with different usernames.

  • It is strictly forbidden to use bugs, exploits or external programs, whether or not they alter the game experience, in order to gain an advantage over the opponent.

  • Disrespecting the opponent or the administrative team is prohibited and will lead to the blocking of activity/banning of the Website and/or expulsion from the Game.

  • FANDROID reserves the right to modify the rules governing the Website and participation in the Game at any time and will inform Users accordingly.

4.2. FINANCIAL TRANSACTIONS IN THE GAME

Throughout their participation in the Game, according to their results and ranking, and in all cases in accordance with the provisions of Rules of the Game, Users will earn “SPARKS” (hereinafter “Sparks“), a fictitious Game currency that Users can accumulate to cash in, when they wish and have enough, to acquire the so-called “ENVELOPES” (hereinafter “Envelopes“), which allow the User to obtain new Game “CARDS” (hereinafter “Cards“).

Users will also have the possibility of purchasing “GOLD” through the Website (hereinafter “Gold“). Gold is also a fictitious Game currency which Users can use to buy Envelopes to obtain Game Cards.

Users can buy the Gold they want, up to a maximum of 500 euros per User and per Split of the competition, in a secure manner, through the payment tool operated by PayPal Holdings, Inc. to which the Website redirects Users who want to acquire Gold. Notwithstanding what is explained in these Terms of Use, Users can obtain more information about the payment tool and the entity responsible for it at the following website https://www.paypal.com/.

In any case, by accepting these Terms of Use, the User expressly acknowledges that Paypal is an entity unrelated to FANDROID and the entities of the Business Group to which it belongs, and that FANDROID neither intervenes nor manages this payment tool, but merely allows the User to access it from the Website, allowing the User to carry out the corresponding financial transaction in an environment controlled and operated solely by PayPal. Before performing a transaction, the User will exit the Website environment to enter the Paypal environment and, for this purpose, expressly acknowledges that any financial transactions carried out by the User are done freely and consciously through a tool outside the Website and not controlled by FANDROID or any of its Business Group entities (identified at the following link: http://entidades.imagina-media.com/).

Once the purchase of Gold has been made, no exchanges or returns will be accepted. The price of Gold will be that specified on the Website at any given time, of which the User will be informed before making a purchase in order to obtain his or her consent for any purchases made.

The payment of Gold will be made by credit or debit card, through the payment tool managed by Paypal, an entity unrelated to FANDROID. Notwithstanding the foregoing, FANDROID reserves the right to incorporate new payment means in the future, which will be duly communicated to the User. It is expressly stated, and the User is informed that FANDROID does not have access to the bank details provided by the User to Paypal for the purchase of Gold.

Carrying out any type of financial transaction through the payment tool accessed through the Website implies that the User declares and guarantees that he/she is the owner of the means of payment (the credit or debit card) and has the legitimate right to use it. By accepting these Terms of Use, the User expressly acknowledges all of the foregoing and expressly agrees to hold FANDROID and any of its Business Group entities harmless (identified at the following link: http://entidades.imagina-media.com/) with respect to any claims resulting from the use of the means of payment.

Users can win prizes in the Game, that may consist of personal property (physical prizes) or redeemable coupons or gift cards (virtual prizes). By accepting these Conditions of Use, the User declares to know that if he is the winner of a physical prize (that is, one that requires it to be sent to his home or to any other address provided) he will only receive it at no additional cost if the address he provides is in the European Union or United Kingdom territory, both limited to territories in the European Continent. If the User resides outside of those territories and would like to receive a physical prize at that address, he must bear the corresponding shipping costs. If the User does not provide an address in those territories or does not want to face the shipping costs of the physical prize within a maximum period of 30 days from the time it was awarded, the User will lose their right to the prize and FANDROID will be empowered to dispose of the personal property in question, as you see fit.

The delivery of prizes (both physical and virtual) may make it necessary for the User to provide additional data to those registered on the Web. To this end, by accepting these conditions of use, the User declares to know that if they do not provide the necessary data to deliver the prize in question, FANDROID will not be able to carry out such delivery, without FANDROID being responsible for the lack of the data. Failure to deliver any prizes to the Users by FANDROID for reasons attributable to the Users (such as, for example, the failure to indicate the necessary data to make the delivery) will mean the loss of the prize by the User, leaving FANDROID empowered to dispose of the prize in question, as it deems appropriate, once a period of 30 days has elapsed since the User was requested to provide the additional data necessary to deliver the prize.

5. LINKS

5.1 LINKS TO OTHER WEBSITES

In the event the Website displays links to other websites through different buttons, links, banners or embedded content, FANDROID informs that these are directly managed by third parties, and that FANDROID does not have the human or technical resources to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.

Consequently, FANDROID does not assume any type of liability for any aspect relating to the platform or web page that has links established from its Website, including but not limited to, their operation, access, data, information, files, quality and reliability of products and services, own links and/or any of its contents in general.

In this regard, if Users become aware that the activities carried out through these third-party websites are illegal or contrary to morality and/or public order, they should notify FANDROID immediately so that it can proceed to disable the access link to them, an action that will be carried out as quickly as possible once FANDROID has effective knowledge of this.

In any case, the establishment of any type of link from the Website to another web page does not imply that there is any type of relationship, collaboration or dependence between FANDROID and those responsible for the external web page.

5.2 LINKS TO THE WEBSITE ON OTHER PLATFORMS AND SOCIAL NETWORKS

FANDROID reserves the right to make available to Users, through various tools and applications, links that allow them to access the FANDROID website from different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter or Google+, among others). The inclusion of these links on the Website would be for the sole purpose of facilitating the access of Users to the Website on different platforms and social networks.

Setting up these applications does not imply the existence of any type of relationship between FANDROID and the owner, manufacturer or distributor of the linked platform or social network, nor the acceptance and approval by FANDROID of its content and/or services, with the owner, manufacturer or distributor being solely responsible for the same.

Under no circumstances will FANDROID share any type of private information with Facebook, Twitter or any other social network that may be incorporated in the future about its Users, the sole purpose of which is set out in these Terms of Use and in the Privacy Policy. In this regard, all information that the User wishes to provide to these platforms will be under his/her own responsibility and FANDROID will not intervene in this process.

The activation and use of these applications may involve the identification and authentication of the User (login/password) on the corresponding platforms and the obligation to provide personal data, where appropriate. As these applications are completely external and unrelated to the Website, they are beyond the control of FANDROID and obviously beyond the control of any of the entities in its Business Group. By accepting these Terms of Use, the User expressly acknowledges that when accessing these external networks, the User enters an environment not controlled by FANDROID and, therefore, FANDROID does not have any responsibility for the security settings of these environments or for the processing of data that may be carried out in them, or regarding any other aspects.

Since FANDROID has no control over the content hosted on these third-party platforms and social networks, the User acknowledges and accepts that FANDROID assumes no liability for the content or services that the User may access on such pages, or for any content, products, services, advertising, or other materials available on them. Therefore, the User must take extreme care when evaluating and using the information, contents and services existing on the linked platforms and social networks, and regarding his/her own information or that of third parties that he/she wishes to share on these pages.

5.3 LINKS ON OTHER WEBSITES TO THE FANDROID WEBSITE

FANDROID does not authorize the establishment of any type of link to the Website from Users’ websites or from any unauthorized website, including those pages that contain material, information or content that is illicit, illegal, degrading, obscene and, in general, contrary to the Law, morality or public order, or generally accepted social norms, as well as those that contain contents contrary to any third-party rights, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or one’s own image or any other right or contents contrary to the regulations governing the protection of personal data.

In general, it is not allowed:

  1. to create a link that reproduces the content of the Website or parts of it in any way;

  2. to create a browser or a border environment on sections of the Website, or in any other way modify the Website;

  3. to make false, inaccurate or incorrect statements or indications about the website and/or, in particular, stating or implying that FANDROID has authorized some sort of link or has in any way supervised or assumed the content or services offered or made available on the website where such a link is established in an unlawful and unauthorized manner;

FANDROID does not have the power or human or technical resources to know, control or approve all the information, content, products or services provided by other websites that have established links, authorized or not, to the Website. FANDROID does not assume any liability for any aspect of the web page that establishes such a link to the Website, including but not limited to, its operation, access, data, information, files, quality and reliability of products and services, its own links and/or any of its contents, in general.

6. LIABILITIES AND GUARANTEES

The acceptance of the conditions contained in these Terms of Use implies the User’s compliance with the use of the content and/or services of the Website and the Game, as well as with its Rules and with the mechanism established to carry out financial transactions (managed by Paypal, a third company unrelated to FANDROID), using and participating in the Game at the User’s own risk.

FANDROID is deeply committed to ensuring that the service functions correctly and in accordance with the conditions agreed with the Users. However, it is possible that at times situations may arise, especially due to the intervention of malicious third parties, which may give rise to liabilities.

Therefore, FANDROID cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services on the Website, nor the usefulness or veracity of the documentation made available through it.

Accordingly, FANDROID does not guarantee or accept liability for:

  1. the continuity of the contents of the Website or the Game;

  2. the absence of errors in the content;

  3. the absence of viruses and/or other harmful components on the Website, in the Game or on the server that provides it;

  4. the invulnerability of the Website and/or the impossibility of breaching the security measures adopted on it;

  5. the lack of usefulness or performance of the Website content; and

  6. the damage or harm caused to him or herself or to a third party, by any person who infringes the conditions, rules and instructions that FANDROID establishes on the Website or through the violation of the Website’s security systems.

Nevertheless, FANDROID declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and the Game and to reduce system errors to a minimum, both from a technical point of view and in terms of the content published on the Website.

FANDROID does not guarantee the legality, reliability and usefulness of the content provided by third parties through the website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could constitute an infringement of the rights of third parties, the User must immediately notify FANDROID so that it may proceed to take the appropriate measures as soon as it has effective knowledge of this.

FANDROID will not be responsible for the accuracy, completeness or timeliness of information published on the Website from sources outside it, nor those contained in other platforms with links to them on the Website. FANDROID assumes no liability for any hypothetical damage that may arise from the use of such information.

In any case, FANDROID reserves the right to temporarily or permanently suspend, modify, restrict or interrupt access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notification, to Users who violate any of the provisions detailed in these Terms of Use, without any possibility of the User being able to claim compensation on these grounds.

WWW.SUPERFANTASYLOL.COM PRIVACY POLICY

  1. WHO IS RESPONSIBLE FOR THE PROCESSING?
  1. WHAT INFORMATION DO WE COLLECT WHEN YOU USE THE WEBSITE?
  1. FOR WHAT PURPOSES DO WE PROCESS YOUR DATA AND WHAT IS THE LEGITIMATE BASIS FOR THE PROCESSING?
  1. PROMOTIONAL AND COMMERCIAL COMMUNICATIONS. WHEN YOU WILL RECEIVE THEM AND HOW TO STOP RECEIVING THEM?
  1. TO WHOM CAN WE DISCLOSE THE INFORMATION YOU PROVIDE US?
  1. HOW LONG DO WE STORE YOUR DATA?
  1. WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT A DATA PROTECTION OFFICER?

  1. WHO IS RESPONSIBLE FOR THE PROCESSING?

The owner of the website www.superfantasylol.com and any of its various subsites (hereinafter, collectively referred to in this privacy policy as “The Website”) is FANDROID ENTERTAINMENT, S.L.U. (“FANDROID”), registered offices at Avda. Diagonal, 177-183, Edificio Imagina, 08018, Barcelona, tax identification certificate (CIF) B-64910292 and registered at the Barcelona Commercial Register in volume 43,090, folio 156, page B-369917.

  1. WHAT INFORMATION DO WE COLLECT WHEN YOU USE THE WEBSITE?

The information we collect from Users depends on the way you interact with FANDROID on the Website. In general, we can divide it into three types:

  1. Information you provide when you use the Website and register as a User

This is information about you that you provide when you browse, use or register on the Website and, consequently, when you participate on FANDROID profiles on social media.

This information includes data that you provide when you register on the Website:

  1. username*;
  1. first and last name(s)*;
  1. email address*;
  1. date of birth*;
  1. password (created by the user)*;
  1. language*;
  1. password*.

The foregoing fields marked with an asterisk must be completed. If you fail to provide this or any other expressly requested information, you will not be able to register on the Website.

We also process any personal data you provide us when you interact with the Website: (i) any information you include in the email address made available to you on the Website, (ii), any photographs, allocutions or audiovisual recordings you send us to participate in tournaments and initiatives organised by FANDROID or which result from your participation in such tournaments and initiatives, (iii) mailing address in order to send any eventual prizes you may win as a result of participating in any of the tournaments or initiatives organised by FANDROID, (iv) depending on the tournament, we may ask you for other data (we will inform of you of which data and the purposes thereof in the specific privacy policy for each tournament or initiative).

Remember, if you select “Log in with TWITCH” or “Log in with Google”, your registered email address will be shared with the Website.

Any information you post, disclose or make available to the general public through FANDROID profiles on social media or on the Website will become public information and will be available to visitors thereof and to the general public. Thus, you must be especially careful and diligent when disclosing personal or any other type of information on these sites.

As a User of the Website, any data you provide must be true and accurate and must always be up to date; you therefore agree to update such data as needed. You may edit and update your data on the Website at any time (except your username and password) by accessing your profile with your username and password.

  1. Information we collect about you when you use the Website and register as a User

We can automatically collect data regarding your use of the Website, such as your IP address, unique device identifiers, ID time, time zone, and any other data collected using cookies, as set forth in the Cookies Policy. Please, read our Cookies Policy available on the Website for more information.

  1. Information we collect from third parties.

Gold coin and pack payments are processed by PayPal, an entity unaffiliated with FANDROID. In this case, PayPal is configured as a third-party processor separate from FANDROID to process payments, as set forth in their Legal Agreements and Privacy Policies. We recommend all our of Users read these documents before registering or using PayPal, which are available at https://www.paypal.com/es/home.

For accounting, tax and payment, subscription and refund processing purposes, PayPal will make user payment information available to FANDROID through its tools: the payment date and time, the user’s name and email, the currency used, the amount paid by each user and an identifier associated with the user.

  1. FOR WHAT PURPOSES DO WE PROCESS YOUR DATA AND WHAT IS THE LEGITIMATE BASIS FOR THE PROCESSING?

FANDROID processes personal data for the following purposes on the following legitimate bases:

  1. Managing and facilitating your use of the Website, viewing content, making assessments, selecting preferences, sending comments, approving you as a User and configuring your profile, as well as providing support for any request, question or inconvenience you may have with respect to the Website.

  1. Organising and managing the User’s participation in tournaments, initiatives, competitions, programs, promotions and other similar activities organised by FANDROID and sending any eventual prizes or awards you win as a result of your participation in any FANDROID initiatives. For additional information about the processing of your data, please read the bases we make available to users applicable for each particular case.

  • Legitimate basis: the basis legitimising the processing of your data for the foregoing purposes is the execution of the solicited services regulated by the Terms of Use and the Legal Bases.
  1. Communicating your data to other companies of the FANDROID business group (all identified in the following links http://entidades.imagina-media.com/, www.mediapro.tv) to carry out activities regarding the Website’s operation and its content.
  1. Developing tournaments, content, initiatives, competitions, programs or promotions and other similar activities. We keep a record of the content and initiatives we have developed to know which have had a greater number of followers and downloads, which have had more viewings and which have been most valued, and based on this information, we develop new initiatives that we believe will interest our users.
  1. Your data and the content you make available to other Users or the general public on the Website may be used to create and publish news and press releases on the Website and in its content, both on the Website and on the respective FANDROID social media profiles.
  1. Activating any mechanisms necessary to prevent and detect any misuse of the Website and any potential fraud.
  1. Conducting audiometric testing, audience and market studies aimed at understanding audience interests and improving the Website’s content and services and obtaining information through social media about our services or brand perception based on comments and opinions made by users. This will help us understand the audience and determine whether the general public has liked a content or whether, to the contrary, it was of no interest. It will also help us ensure the services we offer on the Website function correctly.
  1. When we send notifications or communications to users, we receive a confirmation when an email we have sent is opened, if the computer supports this type of task. This helps us ensure that the emails we send reach their recipients and, based on the number of people who have opened it, understand whether they have been useful and of interest to them. This helps us develop new initiatives or communications that are of interest to Users.
  1. Publishing the rankings in different tournaments, competitions and initiatives both on the Website and on social media profiles.

  • Legitimate basis: the basis legitimising the processing of your personal data is FANDROID’s legitimate interest for the seven aforementioned purposes.
  1. sending you commercial communications and information about the Website, future tournaments, and, in general, video-game, e-sports and entertainment news. For more information, read the section “D. PROMOTIONAL AND COMMERCIAL COMMUNICATIONS. WHEN YOU WILL RECEIVE THEM AND HOW YOU CAN STOP RECEIVING THEM.”
  1. showing you advertisements based on the preferences you state when you browse the Website and analysing browser statistics, based on your stated preferences and installed cookies, in accordance with the Website’s Cookies Policy.

  • Legitimate basis: the basis legitimising the processing of your personal data for the two aforementioned purposes is FANDROID’s legitimate interest or consent. For more information, read the section D. PROMOTIONAL AND COMMERCIAL COMMUNICATIONS. WHEN YOU WILL RECEIVE THEM AND HOW YOU CAN STOP RECEIVING THEM” and the Cookies Policy.
  1. proving that you have accepted the Terms of Use, Legal Bases, this Privacy Policy and any other rules or regulations applicable to FANDROID.
  1. Fulfilling FANDROID’s accounting, legal, tax and administrative obligations and responding to judicial, public safety or administrative notices.
  • Legitimate basis: the basis legitimising the processing of your personal data for these two purposes is the fulfilment of FANDROID’s legal obligations and namely:
  • The General Data Protection Regulation.
  • Constitutional Act 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights
  • Act 34/2002, of 11 July on information society and e-commerce services.
  • Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws.
  • Act 4/2020, of 15 October, on the Tax on Certain Digital Services.

  1. PROMOTIONAL AND COMMERCIAL COMMUNICATIONS. WHEN YOU WILL RECEIVE THEM AND HOW TO STOP RECEIVING THEM?

One of the purposes for processing the personal data provided by Users is to send commercial communications containing information about offers, promotions and/or news of interest to Users regarding video games, e-sports and entertainment. Any time we make any communication of this kind, it will be addressed solely and exclusively to registered Users based on our legitimate interest, since they are recipients of our services as users, and to any unregistered users who have consented to receive such communications. Similarly, regardless if you are a registered user or not, FANDROID may send you commercial communications about third-party or other products or services regarding video games and e-sports, provided you have given your consent.

In the event the User wishes to stop receiving promotional or commercial communications from FANDROID or from any company belonging to its business group, the User can request to stop receiving commercial communications by sending an email to the following email address: [email protected]. In your message, reference FANDROID (this email address is intended for data protection matters only; other matters will not receive a response). Or the User can use the links provided for this purpose in the communications in question.

  1. TO WHOM CAN WE DISCLOSE THE INFORMATION YOU PROVIDE US?

By accepting this Privacy Policy, you agree that FANDROID may disclose your personal data to third parties, namely the following persons and/or entities:

  1. companies belonging to the FANDROID Business Group (whose identity you can see by clicking on these links: http://entidades.imagina-media.com/ and www.mediapro.tv) for purposes regarding the Website’s internal administration.
  1. Tax authorities, to fulfil fiscal obligations, and financial institutions, to process the collection of relevant prizes.
  1. Competent administrations, Judges and Courts, to the Spanish Data Protection Agency, to fulfil FANDROID’s legal obligations or in cases involving conflicts relating to consumer rights, data protection rights, industrial or intellectual property rights, or any other protected property and/or rights.
  1. Public safety institutions, Judges and Courts, such as for cases involving fraud in the use of payment methods.
  1. companies that may collaborate with FANDROID to detect fraudulent use of the Websiteand the content and services offered on it.
  1. by marking the box intended for such purpose, FANDROID may disclose your data to a sponsor/third party.
  1. to the clubs participating in the competition for purposes of awarding prizes.

Accordingly, remember that your data may be disclosed outside the European Economic Area and to countries that do not offer the same level of protection as the European Union does with regard to data protection.

  1. HOW LONG DO WE STORE YOUR DATA?

We will store any information you have provided to us in accordance with the terms and conditions set forth below.

  1. Any information you provided when you registered on the Website or any information you sent by email or in a support ticket: this information will remain in our databases until you unsubscribe as an Website User. In this case, we will lock the information in our databases, where it will remain at the exclusive disposal of the Courts, the Tax Ministry or other competent Public Administrations and, namely, data protection authorities, where there is a need to address any potential liabilities, to answer to any potential legal claims and to guarantee the right of defence for FANDROID, the members of its business group (whose names can be viewed at these links: http://entidades.imagina-media.com/ and www.mediapro.tv), and/or their Users. This information will remain locked for a maximum period of six years (6) starting from the date you unsubscribe as a User of the Website.

  1. Information you have posted on FANDROID social media profiles: this information will be publicly available for so long as you decide not to delete it.

  1. Information recorded by marking check boxes (or a box to indicate agreement or consent): this information will be stored for the entire time you remain a User of the Website and will be recorded (and locked) in our databases for a period of six (6) years from when you unsubscribe as a User, cease to use the Website for any reason or withdraw your consent, in order to address any potential liabilities arising from the processing of your personal data and, as necessary, to provide proof to data protection authorities – and any other competent authorities – that we fulfil our legal obligations.

  1. Where there is a serious violation of the Terms of Use or fraud by Users. If we detect that a User has committed fraud or a serious violation of the Terms of Use (for example, having two User accounts, uploading illicit content, etc.), we will lock their account for a period of two (2) years, after which time we will delete it; however, we reserve the right to keep your personal data locked for a maximum period of six (6) years to address any potential liabilities, answer to any potential legal claims and guarantee the right of defence for FANDROID, the members of its business group and/or their Users.
  1. Where User content is made available on the Website. If you upload content to the Website, you grant FANDROID a licence to use this content under the terms stated in the Terms of Use. For these cases, FANDROID informs you that it may store any information allowing it to show that it is the legitimate holder of the right to use the content uploaded to the Website by the User, provided it does not become part of the public domain, in accordance with the time limits established by intellectual property legislation, which may involve storing it for a period of more than seventy years.

  1. WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT A DATA PROTECTION OFFICER?

Users can contact a FANDROID Data Protection Officer and exercise their data protection rights by indicating the reference “SUPERFANTASYLOL” in FANDROID’S mailing address: FANDROID, Avda. Diagonal, 177-183, Edificio Imagina, 08018, Barcelona; or at the email [email protected] (this email address is intended for data protection matters only; other matters will not receive a response).

Users have the following rights with regard to their personal data:

  1. the User’s right to access their personal data or the right to contact the processor (in this case, FANDROID) to know whether it is processing their personal data or not and, if it is processing them, the right to obtain, among other data, the following information: (i) a copy of their personal data that is being processed; (ii) the purposes of the processing; (iii) the categories of personal data being processed; (iv) the recipients or categories of recipients to whom the personal data were or will be disclosed; the storage period for the personal data, or if this is not possible, the criteria used to determine this period; (v) the existence of the right to ask for the rectification or erasure of personal data, to restrict personal data processing and object to such processing; (vi) the right to file a complaint with a Controlling Authority.

  1. the User’s right to rectify or complete their personal data when the data in the processor’s possession are inaccurate or incomplete (thus, the User must state which data they are referring to and the correction to be made; the User must also include supporting documentation, as necessary).

  1. the User’s right, in certain circumstances, to object to the processor’s processing of their personal data, in certain cases: (a) when their data are being processing based

on an act in the public interest or a legitimate interest, including profiling; and (b) or when the User’s data is processed to send the User commercial communications or to make a profile about the User (with the User’s tastes, preferences, etc.)

  1. the User’s right to erasure of personal data or the “right to be forgotten,” which allows Users to ask the processor to erase their personal data when, among others, one of the following circumstances arises: (i) the User’s personal data are no longer needed for the purposes for which they were otherwise collected or processed; (ii) the User withdraws the consent given for the personal data processing and there is no other reason for the processor to continue processing them; (iii) if the User’s data have been processed unlawfully. In any case, Users should know that it may not be possible to approve a data erasure request if the processing is necessary for the exercise of freedom of expression and information, to fulfil a legal obligation, to act in the public interest, in the area of public health, or for the establishment, exercise or defence of legal claims.

  1. the User’s right to restrict processing of their personal data, which allows the User to ask the processor to:

  1. suspend the processing of their personal data – when the User challenges their accuracy or where the User has objected to the processing, under certain conditions; or

  1. store the data for a certain time period – when the processing is unlawful and the user objects to erasure but asks that the processing be restricted, or when the processor no longer needs these data for processing purposes, but the User needs them to establish legal claims or a defence.

  1. the User’s right to personal data portability, which gives the User the right, when the processing is automated, (i) to receive the personal data they provided to the processor in a structured, commonly used and machine-readable format, and (ii) to transmit those data to another processor, provided the basis for the processing is the User’s consent or the performance of a contract (for example, the Terms of Use).

  1. the User’s right not to be subject to automated individual decision-making based solely on the processing of their personal data, which means that the User shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This right does no apply if the data processing is based on the User’s prior consent.

  1. The right to revoke consent. When the legal basis legitimising the processing is consent, the User has the right to withdraw it or revoke it at any time. The withdrawal or revocation of the consent is not retroactive. Therefore it does not affect the lawfulness of the processing based on the consent prior to withdrawal. 

Similarly, in addition to contacting the FANDROID Data Protection Officer, users have the right, if they so deem appropriate, to file a complaint with controlling authorities; namely, they can contact the Spanish Data Protection Agency.

Residents of California (United States)

The California Consumer Privacy Act (CCPA) grants residents of the state of California the right to prevent companies from selling their personal information to third parties. If you do not permit FANDROID to sell your personal information (mainly unique identifiers for purposes of programmatic advertising), please send us an email informing us of this decision at the FANDROID Data Protection Officer email address [email protected]

9. CHANGES IN THE TERMS OF USE

FANDROID reserves the right to make, without prior notice, the modifications that it sees fit in its Website and it may change, remove or add both the content and the services provided through the site and the way in which they are presented or located.

The duration of the validity of these Terms of Use therefore coincides with the period of time exhibited, until they are totally or partially modified, at which time the modified Terms of Use will enter into effect.

FANDROID may unilaterally terminate, suspend or interrupt, at any time, without prior notice, the provision of the service of the Website and/or any of the services, as well as access to the contents of the Website, without the User being able to claim compensation. After such termination, the User must destroy any material obtained from the Website and/or the portal where the contents and services are offered, including all the corresponding software and documentation, as well as all copies, printouts and installation, although the prohibitions on the use of the contents set out above in these Terms of Use will remain in force.

In the event that any provision of these Terms of Use were to be declared null and void or unenforceable, either totally or partially, by any competent court, tribunal or administrative body, such nullity or unenforceability will not affect the remaining provisions of these Terms of Use.

The failure of FANDROID to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of the same, unless acknowledged and agreed to in writing by FANDROID.

These Terms of Use will remain posted on our Website so that you can consult them whenever you wish.

10. APPLICABLE LAW AND JURISDICTION

Unless there is an imperative rule that establishes otherwise, the User expressly accepts that any matter (whether litigious or not) derived from or related to this Website or the Game will be examined in accordance with Spanish law, and agrees to submit it to the Courts and Tribunals of the city of Barcelona, or, where appropriate, to the Consumer Arbitration Courts or similar courts with which FANDROID is affiliated, expressly renouncing any other non-mandatory jurisdiction that may correspond to them.

To file a complaint regarding the use of our services, you can write to the email address or physical address indicated in section 1 of these Terms of Use. FANDROID is committed to seeking at all times an amicable solution to any conflicts that may arise.

Date: 01/01/2022

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