General terms and conditions of the “Unlimited Digital Subscription
1.1 These General Terms and Conditions (hereinafter the “Conditions”) regulate the contractual relationship between CAMPUSDEPORTIVOVIRTUAL, S.L., with registered office in Bilbao (48014), calle Francesc Macia, 4, CIF number B-95113015 and registered in the Mercantile Registry of Vizcaya (Avenida de Madariaga 24, 48014 Bilbao) – Document: 1/2000/13. 405.0 Journal: 235 Seat: 1620 – Volume: 3953 Book: 0 Folio: 120 Section: 8 Sheet: BI-28922 – and the individual user who, meeting the requirements established in these Terms and Conditions, contracts a subscription (hereinafter the “Subscriber”) to tagg-maker, on the web portal “Tagg-maker.com” under the responsibility of CAMPUSDEPORTIVOVIRTUAL, S.L.
1.2 These Terms and Conditions are binding on CAMPUSDEPORTIVOVIRTUAL, S.L. and the Subscriber.
2. DESCRIPTION OF THE SERVICE “TAGG-MAKER.COM SUBSCRIPTION”.
2.1 Free access to download and subsequent reporting “tagg-maker.com” will be limited to ten (10) matches regardless of the device from which the user accesses. From the download/report eleven (11) and onwards, an annual subscription will have to be made for a price of 19,90 € per year which will be automatically renewed until the subscriber cancels it.
3. DURATION OF THE “TAGG-MAKER.COM SUBSCRIPTION” SERVICE
3.1 The “TAGG-MAKER.COM SUBSCRIPTION” service is contracted under the following conditions according to the following subscription terms:
3.1.1 “TAGG-MAKER.COM SUBSCRIPTION” per year: it allows the Subscriber to access the “TAGG-MAKER” service for one (1) calendar year, counted from date to date, i.e. from the day the subscription is taken out until the same date in the following year (e.g. if the service is taken out on 9 January, the subscription will end on 8 January of the following year). If the corresponding date does not exist in the following year, the subscription will expire at the same time on the last day of the following year (e.g. if subscribed for on 29 February, the subscription will expire on 28 February of the following year).
3.1.2 At the end of the Subscriber’s subscription period, the subscription to the “TAGG-MAKER” service will be automatically renewed for periods of equal duration, unless the Subscriber informs CAMPUSDEPORTIVOVIRTUAL, S.L. of his/her wish not to renew it, at any time, during the term of the subscription in force at that time.
4. ACCESS AND CONTRACTING OF THE “TAG-MAKER” SERVICE.
4.1 To access the “TAGG-MAKER” service, the user’s equipment must meet the following technical requirements:
a) Internet connection.
b) To have the devices or browsers which support the “TAGG-MAKER” application.
4.4 Once the contracting process has been completed, the Subscriber will receive a confirmation of the contracting made in the e-mail account he/she provided. The contracting process will be understood to have been perfected and, therefore, the “TAGG-MAKER” service will be activated only from the moment the Subscriber effectively makes the payment. CAMPUSDEPORTIVOVIRTUAL, S.L. does not undertake to file the electronic document in which the Contract is formalised with the acceptance and payment, nor to make said Contract accessible to the Subscriber, and therefore the Subscriber is recommended to store and/or print the Contract.4.4.
4.5 The Subscriber must maintain control of all devices used to access the “TAGG-MAKER” service and must not reveal to anyone the password or the details of the payment method associated with his/her account. The Subscriber is responsible for updating and maintaining the veracity of the information he/she provides to CAMPUSDEPORTIVOVIRTUAL, S.L. CAMPUSDEPORTIVOVIRTUAL, S.L. may cancel the account or block it to protect the Subscriber, other users and CAMPUSDEPORTIVOVIRTUAL, S.L. for identity theft or other fraudulent or malicious activity. Likewise, CAMPUSDEPORTIVOVIRTUAL, S.L. may cancel the account or temporarily block it in the event that the Subscriber informs it that there is suspicion or well-founded certainty that his/her data are being used by a third party inappropriately.
5. PRICE OF THE “TAG-MAKER” SERVICE.
5.1 The price of the “TAGG-MAKER” service is 19,90€/year.
5.2 The Subscriber must pay the corresponding price by one of the following means of payment: credit or debit card, following the indications indicated during the steps of the payment process, and the charge will be made before the beginning of the subscription period.
5.3 Prices are fixed in euros and this will be the currency of the subscription regardless of the country from which the “TAGG-MAKER” service is contracted.
6. RIGHT OF WITHDRAWAL
6.1 In accordance with the provisions of Article 103(m) of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, in the case of contracts entered into at a distance, the “TAGG-MAKER” service has been initiated, and in the case of access to digital content not recorded on a material medium for the user, the Subscriber may not exercise the right of withdrawal.
7. USE OF THE “TAG-MAKER” SERVICE
7.1 The Subscriber shall be solely responsible for the use of the “TAGG-MAKER” service, which must in all cases be carried out in accordance with the Conditions established herein.
7.2 CAMPUSDEPORTIVOVIRTUAL, S.L. is not responsible for the fact that the Subscriber does not use the “TAGG-MAKER” service, does not use it in accordance with the Conditions and Rules of Use or that access to it is limited due to the malfunction or overload of the Internet or other networks, failures or problems related to computers or other communication devices or systems.
7.3 Any use of the “TAGG-MAKER” service that contravenes the provisions of this clause and the Conditions shall be considered a material breach by the Subscriber of this Agreement with the effects set out in the Breach clause.
8. CANCELLATION OF THE SUBSCRIPTION
8.1 The Subscriber may proceed to unilaterally cancel the contracted subscription and, therefore, unsubscribe from the “TAGG-MAKER” service, at any time during the term of the subscription. Such cancellation or deregistration shall not in any case imply the reimbursement of the amounts which the Subscriber would have paid as consideration for the subscription to the “TAGG-MAKER” service. Said amounts are non-refundable.
8.2 In order to cancel the subscription to the “TAGG-MAKER” service, the Subscriber must go to the “Subscription” page and there “Cancel Plan” and follow the instructions detailed therein.
8.3 In the event that CAMPUSDEPORTIVOVIRTUAL, S.L. decides to cancel any service for business reasons or for reasons other than non-compliance by the Subscriber with any of these Conditions, it must notify the Subscriber affected thirty (30) days prior to the date of cancellation. In the event that this happens, CAMPUSDEPORTIVOVIRTUAL, S.L. shall return to the Subscriber the amounts corresponding to the remaining period of subscription.
9. INTELLECTUAL PROPERTY
9.1 CAMPUSDEPORTIVOVIRTUAL, S.L, by itself or as assignee, is the owner of all the intellectual and industrial property rights of its web portal “www.tagg-maker.com”, as well as the elements contained therein, (by way of example, images, sound, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by CAMPUSDEPORTIVOVIRTUAL, S.L. or its licensors. All rights reserved. By virtue of the provisions of Articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, it is expressly forbidden to reproduce, distribute and publicly communicate, including making available, all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorisation of CAMPUSDEPORTIVOVIRTUAL, S. L. L. The user and/or Subscriber undertake to respect the Intellectual and Industrial Property rights owned by CAMPUSDEPORTIVOVIRTUAL, S.L.
9.2 The Subscriber may view the contents, print them, copy them and store them on the hard disk of his/her computer or on any other physical support provided that this is solely and exclusively for his/her personal and private use. The Subscriber must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of CAMPUSDEPORTIVOVIRTUAL, S.L. as well as carrying out any act of exploitation or marketing, in whole or in part, on the contents of the web portal “www.tagg-maker.com”.
10. NON-COMPLIANCE AND TERMINATION
10.1 Without prejudice to any other cause for termination set out in these Conditions, CAMPUSDEPORTIVOVIRTUAL, S.L. shall be entitled to terminate the Contract with immediate effect and, at the same time, make the Service unavailable to the Subscriber immediately when
(a) the Subscriber fails to make the corresponding payment.
(b) there is an unauthorised use of the “TAGG-MAKER” service or there are reasonable grounds to suspect that such unauthorised use is taking place.
(c) the Subscriber has otherwise committed a substantial or repeated breach of the Agreement.
In the event that the Subscriber has made any payment, the Subscriber shall not be entitled to a refund of the amounts paid. In the event that the breach is due to non-payment by the Subscriber, CAMPUSDEPORTIVOVIRTUAL, S.L. reserves the right to take the measures required by law in order to comply with the financial obligations arising from the subscription contract, including the claim of the corresponding interest for late payment.
10.2 In the event of breach of this Agreement by CAMPUSDEPORTIVOVIRTUAL, S.L. due to an incident that has not been resolved, the Subscriber shall be entitled to terminate the Agreement, and CAMPUSDEPORTIVOVIRTUAL, S.L. undertakes to return to the Subscriber the proportionate part of the amount paid corresponding to the remaining period of his/her subscription. The Subscriber must communicate his/her wish to terminate the Contract and provide proof of the incident by contacting firstname.lastname@example.org
11. MODIFICATION OF THE TERMS AND CONDITIONS OF THE “TAGG-MAKER” SERVICE
11.1 CAMPUSDEPORTIVOVIRTUAL, S.L. reserves the right to unilaterally modify these Conditions at any time. However, such changes shall be notified to the Subscribers thirty (30) days in advance by the means specified at the beginning of these Conditions, so that they may express their wish not to renew the subscription if they do not agree with the changes made. The changes will affect new Subscribers from the start of the subscription and Subscribers already active at the time of the change in Conditions, from the time their subscription is renewed.
12. PROTECTION OF PERSONAL DATA
13.1 CAMPUSDEPORTIVOVIRTUAL, S.L. may send notifications to the Subscriber by e-mail, SMS, post, invoice, publication on the website “www.tagg-maker.com” and/or push notification in the application. Such notices may, for example, include relevant information regarding the subscription/account, e.g. updates and modifications to the service and changes to the service. Notices to the Subscriber shall be deemed received by the Subscriber immediately when sent by the means expressly indicated by the Subscriber.
14.1 CAMPUSDEPORTIVOVIRTUAL, S.L. may, without the Subscriber’s authorisation, assign the Contract and the rights and obligations contained therein to any company belonging to its business group, as well as to any third party.
14.2 The Subscriber may not assign this Contract without the prior written authorisation of CAMPUSDEPORTIVOVIRTUAL, S.L.
15.1. In the event that any of the Conditions of the “TAGG-MAKER” service is declared inapplicable or void, such declaration shall not affect the other Conditions of this Agreement.
16. CUSTOMER CARE
16.1. For more information about the “TAGG-MAKER” service, to request assistance with the account, the subscriber may contact email@example.com or call 944758755.
17. APPLICABLE LAW AND JURISDICTION
17.1. These Conditions will be interpreted and governed by Spanish legislation. CAMPUSDEPORTIVOVIRTUAL, S.L. and the Subscriber agree to try to resolve, in an amicable manner, any disagreement that may arise in the development of the service contracted, prior to going to court. To this end, the parties, expressly renouncing any jurisdiction that may correspond to them, submit themselves to the courts of the Subscriber’s domicile.