TERMS AND CONDITIONS
Thank you for wishing to use any of the services provided by Eclectica. Eclectica currently provides Mobile Applications for use with mobile devices (the “Services” or the “Applications”).
Eclectica reserves the right at any time and from time to time to modify and change these terms and conditions. These Terms, as amended from time to time by Eclectica, constitute a binding and legal agreement between you and Eclectica upon the time they were first published via a link in the website, and your first use of the Services.
“User” or “you”– each person or entity accessing or using the Services, from any type of device (commuter, Smartphone, tablet, etc.).
“Eclectica” or “we” – shall mean Eclectica Ltd. and any of our affiliates.
In the event of contradiction between the provisions of these Terms and the provisions of any other advertisement or publication, of any kind whatsoever, it is hereby clarified that these Terms and any of its provisions shall prevail.
1. Services, License and Usage
Eclectica reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Applications or any part thereof.
The Services provide for different updates concerning sports events: e.g., score boards, live scores, gambling ratio, statistics, pop-ups updates and any other content Eclectica decides to offer to the User. Moreover, the Services may contain links to articles in the area of sports, or other areas of interest, a designated search engine and advertising and marketing information. By installing any of the Applications, Eclectica hereby grants you a limited, personal and non-exclusive license to install and use these Applications, for personal non-commercial purposes only, designed to improve your mobile device experience or your web browsing experience by providing you with relevant content relating to sports or to other fields.
2. No Commercial use of the Services
The Services are not intended for your commercial use, or any other non-personal use. Eclectica, its affiliates and partners, and they alone, are permitted to place advertisements and commercial information through the Services.
3. Registration to the Service
4. Services usage by Minors
Eclectica understands the importance of protecting children’s privacy in the interactive online world. The Services are not designed for or intentionally targeted at children 13 years of age or younger, and it is not our policy to intentionally collect, solicit or maintain information about anyone under the age of 13.
If you are under the age of 13, please ask permission from your parents or your legal guardian before you use any of the Services. By using the Services, you hereby warrant that your parents or your legal guardian have read these Terms and gave you their permission to use the Services. Please note, that Users may be exposed to content unsuitable for children.
5. Ownership of IP by Eclectica
Certain content and information provided on and through the Services, including, without limitation, Clubs logo, trademark, graphics, design, information, text, images, data and other material displayed, available or present through the Applications (the “Content”) are the copyrighted and/or trademarked work of Eclectica solely or of Eclectica affiliates, and may not be used without express written permission from us, other than for attribution.
You should assume that everything you see or read through the Services is copyrighted unless otherwise noted, and may not be used without Eclectica prior written permission, except as otherwise provided herein.
Eclectica retains all rights, including any intellectual property rights in the Content. The Content, or any part thereof, is the property of Eclectica solely, and is protected by applicable intellectual property laws. You hereby acknowledge that you have no right, title or interest in or to any of the Content.
Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.
6. Limitation of Liability
The Services are provided to you free of charge, and at your own risk.
Eclectica entire liability and your exclusive remedy with respect to any dispute with Eclectica (including without limitation your use of the Services) is to discontinue your use and uninstall the Applications. Eclectica and its affiliates, or their respective directors, officers, employees or agents shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage arising from your use of the Services or for any other claim related in any way to your use or registration with the Services. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if Eclectica had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Eclectica liability shall be limited to the extent permitted by law. Eclectica does not endorse, warrant or guarantee any product or service offered through this site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. User acknowledges and agrees that without the foregoing exclusions and limitations of liability, Eclectica would not be able to offer the Services.
7. Warranty Disclaimers
User acknowledges and agrees that the Services and any of their content, are provided “as is”, “as available”, and “with all faults”, are used only at your sole risk, to the fullest extent permissible by law. Eclectica disclaims all warranties, express or implied, of any kind, regarding the Services (including their content, products, information, software, and links), and including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.
Any information regarding sports results, live scores, gambling ratio, sports updates, statistics or any other information published through the Services, is provided and published by different third parties, and not on the behalf of Eclectica or any of its affiliates or representatives. Please note that such information does not constitute an advice, recommendation nor an authorized opinion, and does not replace the necessity of consulting with a professional to the extent necessary. For the avoidance of doubt, Eclectica shall not be liable for any mistakes, errors, or inaccuracy in the information published through the Services.
You hereby exempt Eclectica from any liability for such mistakes, errors, or inaccuracy and/or for any damages whatsoever caused to you due to your reliance on any information displayed through the Services.
Furthermore, Eclectica shall not be liable for the content or the credibility of any advertising displayed in the Applications, and such advertisements do not constitute encouragement or recommendation by Eclectica for the purchase of the advertised services or products.
Please note, that the Services may provide for links to other websites, applications or add-ons maintained by third parties, which may not be governed by these Terms, and Eclectica shall not be responsible for the compatibility or nature of such links or their content.
8. Claims for IP Infringement by Third Parties
If you believe there is content linked through the Services that violates copyright law, please notify us, and we may remove or prevent access to the allegedly infringing material following receipt from you of all of the following information:
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, and e-mail address;
a statement under penalty of perjury that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that the information you are submitting is accurate;
an electronic or physical signature of the owner of the person authorized to act on behalf of the owner of the copyright interest.
You may submit your Notification of Copyright Infringement (“Notification”) to Eclectica.
By e-mail to: [email protected]
Please be aware that anyone submitting a Notification who makes misrepresentations concerning copyright infringement may be liable for damages incurred to Eclectica of such Notification.
9. Online Gambling Web-Sites
You are subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction”) in which you reside and/or from which you access the Services. Access to certain web-sites that might offer online gambling might not be legal for some or all residents of, or persons present in, certain Jurisdictions. Without derogating from Section 7 above, it is your responsibility to determine the law that applies in the applicable Jurisdiction, and Eclectica does not make any representation or warranty, express or implied, as to the lawfulness of your participation in online gambling, or that materials displayed on the Applications are appropriate for use in your Jurisdiction. Eclectica does not intend that online gambling websites be accessed by persons present in Jurisdictions in which the playing of games, betting, gambling or entering sweepstakes may be prohibited or restricted. You agree that the Services do not constitute an offer, solicitation or invitation by Eclectica for the use of any service in any Jurisdiction in which such activities are prohibited or restricted.
We collect only personally identified information that is specifically and voluntarily provided by you, for example, information you provide upon your registration for accounts, email addresses, your correspondences with us, if any, etc. “Personal Information” shall means identifying information, including but not limited to name, phone number, home address, electronic mail address, and every other information having identifying nature.
Non-personal information is used mainly for click stream analysis in order to constantly improve and maintain our Services, including among others, for ensuring the technical functioning of our network, to help prevent fraudulent use of our services and for developing new services.
Personal Information is used for purposes such as to store user preferences, to contact you in response to requests or inquiries, or to optimize the content we display and personalize your experience. In addition, the web master may, where necessary, use your information for various Services related tasks. We may share non-personal, aggregate information regarding the Services usage with our affiliates, partners and advertisers. From time to time, we may release non-personally-identifying information in the aggregate.
Eclectica may share users’ information with the partners and service providers to facilitate the delivery of the Services and as necessary to allow you to enjoy the Services.
We reserve the right to use or disclose Personal Information to law enforcement, regulatory, other government agencies, or third parties, if we reasonably believe that use or disclosure is necessary to protect the Eclectica rights and/or to comply with a judicial proceeding, court order, or a legal process.
11.Changes and Retention
Eclectica reserves the right to purge User’s content from its databases at any time and from time to time without notice, and it is Users’ responsibility to back up any such content or data. We may also disable your account (if applicable) and access to use the Services and Eclectica may recover from User any losses, damages, costs or expenses incurred by Eclectica resulting from or arising out of User’s non-compliance with any provision of these Terms.
Eclectica may at any time modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, impose restrictions on them in its sole discretion, for a specific User or all users, without the need to give notice, including but not limited to block, cutoff, restrict, and cease services for any reason. When you use the Services, you hereby acknowledge and agree that Eclectica shall not be liable to you or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Applications, and you waive any claim regarding reliance on the Services.
Eclectica may assign and/or transfer the Terms at any time and/or any of its rights and/or its obligations under these Terms, or all part thereof, including but not limited to giving licenses or secondary licenses, to third parties.
13. Applicable law
The Services, these Terms and any dispute arising in connection therewith, shall be exclusively governed by and construed in accordance with the laws of Panama, and you hereby agree that all such disputes shall be brought exclusively in the appropriate courts of Panama City.