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]

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.

7. PRIVACY POLICY

FANDROID’s Privacy Policy details the information collected from Users when they access the Website or their profiles on social networks and use the services offered therein, that collected as a result of Users’ participation in the Game, for what purposes such information may be processed, as well as the third parties to whom such information may be communicated and under what conditions.


This Privacy Policy is part of the Terms of Use of the Website and access to the same, as well as the corresponding User profiles in the Game’s social networks, are also subject to the same conditions.
The User must review all aspects of this Privacy Policy and the Game and ensure that he/she agrees to its terms prior to using the Website, registering in the Game and, in general, using social network profiles in the Game.

7.1 WHAT INFORMATION IS COLLECTED BY FANDROID

The information we collect from Users depends largely on how you interact with us, but in general we can divide it into two types:

  1. Information you give us:

  • User Information: The information about you that you provide while browsing on the Website and as a result of the participation that you may carry out through the Website. This includes, for example, information that you include during your registration on the Website, information that you may submit to participate in sweepstakes, contests or surveys during the course of the Game, or content that you may post on our Website or on FANDROID’s social networking profiles. This information may include your first and last name, email address, mailing address, telephone number, usernames and passwords, etc. 

The data you provide must be accurate and constantly updated. In this regard, you may access, rectify or cancel your data at any time by contacting us at our email address [email protected]

By accepting this Privacy Policy, the User expressly acknowledges that the information requested by FANDROID in the registration form or for participation in the Game is mandatory. If the required fields are not completed, FANDROID will not be able to process your registration in the Game.

  1. Information we collect about you:

We may automatically collect data relating to your use of the Website, such as your IP address, unique identification devices, location, time zone and cookies, as set out in the Cookie Policy.

7.2 HOW WE USE THE INFORMATION

Your data will be processed by FANDROID for the following purposes:

  • To manage the sending of the invitation to participate in the Game and registration through the Website. When you register, we will send an email to the address you have provided, asking you to confirm your registration through the link or mechanism enabled for this purpose. If you do not confirm your registration your data will be deleted.

  • To manage possible future participation through the corresponding social networking profiles.

  • To manage and facilitate your registration and participation in the Game, as well as to provide support in regard to any concerns or problems you may have during the Game.

  • To facilitate the purchase of gold through the payment mechanism that can be accessed from the Website.

  • To prepare and publish rankings by Game score or classification, both on the Website and on the social networking profiles that the Game or FANDROID may have.

  • To provide proof that Users have accepted the Terms of Use, the Privacy Policy and, where applicable, disclosure to third parties, by checking the corresponding box enabled for this purpose.

  • To conduct statistical browsing studies.

  • Your data and the content derived from participation in the Game may be used for the preparation and publication of news and press releases about the Game, both on the Website and on the corresponding FANDROID social networking profiles.

  • To manage and verify compliance with the Rules of the Game and the adoption of any disciplinary measures that may apply. We also carry out regular inspections to ensure that Users do not commit fraud or cheat. In the event that we detect a serious breach or attempted fraud, the account of the User who committed it will be blocked and he/she will be prevented from re-registering a new account. The administrators may assess the reactivation of blocked accounts upon receipt of a justified and reasoned request from the offending User.

7.3 COMMUNICATIONS AND DATA TRANSFERS

FANDROID informs you that, where appropriate, the following communications may be made to third parties:

  • Companies belonging to the same Business Group as FANDROID (http://entidades.imagina-media.com/) for the purposes described in the previous section.

  • Tax To the following companies (identified below) involved with the competition, in order to give away prizes to winners, as well as for the purposes described in the previous section.

    – RIOT (League of Legends European Championship Limited)
    – FNATIC (DEATHBRUSH LIMITED)
    – MISFITS (ESPORTS NOW LLC)
    – ROGUE (ROGUE SPORTS EUROPE GMBH)
    – SK GAMING (SK GAMING GMBH & CO. KG)
    – TEAM VITALITY (TEAM VITALITY SAS)
    – ASTRALIS (ORIGEN ESPORTS APS)
    – SCHALKE 04 (FC SCHALKE 04 ESPORTS GMBH)
    – MAD LIONS (Splyce Ltd)
    – EXCEL (EXCEL LIMITED)

  • Tax Authorities, for the fulfilment of tax obligations, as well as to financial institutions for the management of collections and payments.

  • Competent Administrations, Judges and Courts and the Spanish Data Protection Agency, in the case of conflicts related to consumer rights, data protection and intellectual or industrial property rights or any others that require the communication of the User’s personal data.

  • National Law Enforcement Agencies and Judges and Courts for the fulfilment of legal obligations that might correspond to them and in cases such as the fraudulent use of the means of payment.

  • Companies that may collaborate with FANDROID in the detection of fraud in the use of the Website and the content and services offered therein, including possible fraudulent participation in the Game.

  • Third-party service providers: FANDROID generally relies on the assistance of third parties to provide the services and content offered on the Website, for example, to process credit or debit card transactions using the payment management service offered by PayPal Holdings, Inc, a company located in the United States, which complies with the principles of the EU-US Privacy Shield and offers adequate guarantees for the protection of personal data. While FANDROID does not intervene in the process of collecting User’s banking information – which is handled directly by PayPal Holdings, Inc – and therefore does not have access to this information, FANDROID may have to make available additional User information to this provider or to any other third- party provider to enable the correct use of the Website, the Game, etc.

7.5 LEGITIMACY OF PROCESSING

  • In general, the legitimacy of the processing of user data is based on the consent given by the User when registering on the Website and checking the box provided for this purpose.

  • The basis for the processing of data for transactions that may be requested by the User, such as the purchase of gold, is the execution of the contract for the provision of the service.

  • The processing of data for the prevention of fraud during the use of the Website is based on legitimate interest for the correct performance of the game and compliance with its Rules.

  • The communication of User data to law enforcement agencies, judges, courts and other agencies for the prevention of fraud, defense against claims, etc., is based on public interest and the fulfilment of our legal obligations.



  • Other processing of User data, such as the sending of commercial communications or conducting studies of browsing habits, is based on consent.

7.6 COMMERCIAL COMMUNICATIONS AND PROMOTIONAL OFFERS

One of the purposes for which we process personal data provided by users is to send electronic communications with information on offers, promotions and/or news of interest to users, related to video games, eSports, the Website and the Competition.


Whenever we make communications of this nature, they will be addressed solely and exclusively to those Users who have previously and expressly authorized the receipt of such communications, whether at the time of registration on the Website or at a later date. 


In accordance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, in the event that the User wishes to stop receiving commercial or promotional communications from FANDROID, he or she may request cancellation of the service by sending an email to the following address: [email protected] or through the links provided in this regard in the communications sent by FANDROID.

7.7. MINIMUM AGE: 16 YEARS OLD


To register, use our Website and participate in the Game, you must be 16 years of age or older. Therefore, no one under the age of 16 is allowed to participate in the Game.

7.8. DATA RETENTION POLICY

We will retain the information you have submitted to us according to the following criteria and time periods:

  • Information you have posted on FANDROID’s social networking profiles: this information will be publicly available until you decide to remove it. In any event, please note that any information you post or disclose through FANDROID’s social networking profiles or the Website will become public information and will be available to visitors of those profiles and to the general public. In this regard, you should take special care and diligence when disclosing personal information or any other information on these sites, and by accepting these Terms of Use you expressly acknowledge that you will be solely responsible for any damages arising from your disclosure of information through these sites or channels.

  • Information you have provided during your registration on the Website and for participating in the Game: this information will remain in our databases as long as you do not request the deletion of your data, given that it was collected, among others, for the purpose of allowing you to access and use the Website and, where applicable, the Game, at the time and from the place you choose, whenever you wish. 

  • If you request the deletion of the data provided during your registration on the Website or for participating in the Game, we will block this information in our databases and it will remain at the exclusive disposal of the Courts, the Tax Administration, the Public Prosecutor’s Office or other competent Public Administrations, in particular, the data protection authorities, for the purpose of demands for possible liabilities derived from its processing and for the statute of limitations of the same. This information will be blocked for a period of five (5) years.

  • Information provided to carry out transactions or micropayments: we will keep the information you have provided to contract or purchase products or services from the Website for the period of time necessary to confirm their delivery and it will be blocked to handle any possible liabilities for the maximum period of (5) years from the time the User exercises his/her right of deletion.

  • Information on browsing habits and statistical information on the use of the Website, the Game and the services provided in it. If consent is withdrawn through the mechanisms made available to Users on the Website, all processing of user data that has taken place prior to this withdrawal for the purposes of preparing and analyzing uses and preferences, as well as browsing habits, will continue to be legal, but we will stop the browsing analysis and statistical studies activities during your navigation on the Website until you give your consent again.

  • If we detect that a User has committed a fraud, we will block their account for a period of one (1) year, after which we will proceed to delete it.

7.9 EXERCISE OF RIGHTS

FANDROID informs you that you may request access to your personal data, rectify inaccurate data or request their deletion when the data is no longer necessary and, where appropriate, request the limitation of the processing of such data, portability or the right of opposition by contacting the Data Protection Officer of FANDROID either at Av. Diagonal 177-183, 08018, Barcelona or by email: [email protected], with the reference «Data Protection – SuperFantasy» indicating the communication in which the request is specified. However, requests that are particularly unfounded or excessive may be rejected. We also inform you of the right to file a complaint with the Spanish Data Protection Agency

8. COOKIES POLICY

Cookies» are small text files that are stored on the User’s computer when he/she visits websites. Their use helps these sites to function in a more efficient way: for example, if a User selects his/her preferred language in the «home” page, the Website will remember this preference and allow the User to continue browsing the website in the chosen language.

Cookies can be divided into «first-party» and «third-party» cookies:

  • first-party cookie»: created by a data controller who operates the website, in this case FANDROID, as owner of the Website.

  • «third party cookie»: created by a data controller who does not operate the website visited by the User, i.e. third-party companies unrelated to FANDROID.

This Website uses the following «cookies»:

 

Cookie

Management

Duration

Purpose

__cfduid

Third party:

Session

To override any security restrictions based on the IP address the visitor comes from.

cloudflare.com

_ga

Third party:

Session

To store a unique customer ID (customer ID).

Google Analytics

OptanonAlertBoxClosed

Third party:

Session

 

OneTrust

OptanonConsent

Third party:

Session

OneTrust

sessionId

First party

Session

Session cookie

In regard to the cookies provided by Google Analytics we suggest that you consult the following link https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage where you will find information on how Google Analytics uses cookies, and how to disable them.

FANDROID understands that by browsing the Website the User has been informed of and consents to the installation of the above «cookies» on his or her computer.

In any case, the User can always personalize the use of «cookies» and prevent cookie collection by modifying the User browser options. The most common are:

  • Firefox: Options\Privacy\Tracking\tell websites that I don’t want to be tracked.

  • Chrome: Chrome Menu\Settings\Show Advanced Options\Privacy\Content Settings\Block Cookies by Default

  • Safari: Preferences\Privacy\Block Cookies

  • Explorer: Tools/Internet Options\Privacy\Settings\ move the slider all the way up to block all cookies or all the way down to allow all cookies, and then click OK.

 

On a Smartphone, tablet or other mobile device, cookies can be uninstalled or deleted within the device’s «Settings» menu.

By completely blocking cookies, you might prevent some websites from displaying correctly.

 

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

© 2022 FANDROID ENTERTAINMENT, S.L.U. All rights reserved.