Terms and conditions of use

At NBN23 S.L. we want to help our users meet their goals and provide them with the best possible experience. To this end, we have updated our Terms and Conditions which clearly define rights, responsibilities, our Privacy Policy and additional details about our products and services.

INTRODUCTION

  1. Who we are. NBN23 S.L. operates an interactive online platform (“Platform”) and applications for mobile devices (“Applications”), and together with the Platform manages (“NBN23 S.L. Products”) in order to connect and provide new opportunities to people interested in sports or just starting to be interested in sports. In addition to the services of the platform, NBN23 S.L. offers various applications related to them.
  2. Registration. In order to use the full range of NBN23 S.L. products, it is necessary to register once (one time only). s full range of Products, a one-time registration is required (see Section 4 below). However, certain content may be viewed without registration.
  3. Our Objective. The goal of NBN23 S.L. is to contribute positively to the development of grassroots sports and the expansion of the basketball community.

VALIDITY OF TERMS AND CONDITIONS

  1. Validity. NBN23 S.L. offers the NBN23 S.L. Products on the basis of these Terms and Conditions. You agree to the validity of these Terms and Conditions and the agreements incorporated herein by reference by i) using the NBN23 S.L. Products, if they are available without the use of the NBN23 S.L. Products, and ii) using the NBN23 S.L. Products. in case they are available without registration, or by ii) registering, in case the use of an account is required.
  2. Prerequisite. Registration and use of the full range of NBN23 S.L. Products will not be possible without acceptance of these Terms and Conditions.
  3. Scope. These Terms and Conditions apply to all access points, including (sub)domains and mobile applications, of NBN23 S.L. Products.

PURPOSE OF THE AGREEMENT

Currently, NBN23 S.L. offers its users basically the following functions and information in several languages:

  1. Platform:
    • Personal profile page, including personal data;
    • Summary of news related to NBN23 S.L. .
    • Content (such as texts, images and videos) related to the world of basketball presented by NBN23 S.L. and third party professionals.
    • Status messages.
    • Blog that presents in detail information, products and news of the company.
    • Other content, such as
      • About us: brief description of NBN23 S.L. ;
      • Advertising of NBN23 S.L. and/or third parties;
      • User support;
      • Privacy Policy and these Terms and Conditions;
      • Press and media center;
      • Legal information.
  2. Applications:
    • Apps for Apple iPhones, Android phones and other smartphones worldwide that can be used both in isolation on the smartphone and connected to the Platform.
    • Subject to user consent, relevant data is transmitted from the smartphone to the Platform and shared with other social networks (such as Facebook) respectively. Please refer to our Privacy Policy for more information.
    • The user hereby acknowledges that, as a result of the transmission of data from the smartphone to the Platform, the mobile operator may apply certain costs to be borne by the user.
    • The mobile applications are only available to smartphone users. Only the basic functionality of the mobile applications is available free of charge.
    • Additional terms and conditions of the mobile carriers apply.

REGISTER

  1. Free subscription. NBN23 S.L. Products require a one-time free registration. Minimum age requirements for registration vary by country. The “Free Subscription” (basic) only makes available to users the basic options and features (“Free Features”). NBN23 S.L. offers users three ways to register:
    • Registration form provided on the Platform.
    • The Applications: for the purpose of registration, the user will provide the details requested in the registration form, such as first name, last name or date of birth, completely and correctly unless such information is marked as optional. It is only possible to register under the user’s official name, i.e. fictitious names or pseudonyms are not allowed.
    • Adoption by NBN23 S.L. of the registration information provided by the user on the social networks Facebook or Google: registration via Facebook Connect or Google login requires the user to confirm the adoption by the NBN23 S.L. network of the selected information previously provided by the user on Facebook or Google. Subsequently, the user can add or remove information in the corresponding profile on the Platform.
  2. Premium Package.
    • A Premium Service is also available from NBN23 S.L. for “Premium Members” (“Premium Package”) with all options and features, upon payment of a certain amount. With this Premium Package, you have additional options and features (“Premium Features”) available to you that are not available to free members. NBN23 S.L. may offer Applications with or without Premium Features that are available for a particular Application.
    • The Premium Member specific Terms and Conditions set forth in Section 6 apply to the Premium Package. Unless otherwise specified in the Terms and Conditions or in Section 6, all other provisions of these Terms and Conditions also apply to Premium Members.
    • By registering as a Premium Member, you declare that you meet the minimum age requirements under the applicable regulations and therefore have the legal right to enter into contracts. In the event that the above statement does not correspond to reality, NBN23 S.L. shall not be bound by such Premium Terms and Conditions.
  3. Minors. Only persons with the legal capacity to enter into agreements in their own name (over 14 years of age) may register with NBN23 S.L.
  4. Effects of registration
    • By registering, the user confirms knowledge and unrestricted acknowledgement of the contents of these Terms and Conditions, that all registration data are true, accurate, current and complete, and that he/she will keep the registration information up to date.
    • Each user registers with NBN23 S.L. only once and, by doing so, confirms that he/she has not registered for any NBN23 S.L. account previously and that he/she has not deleted a previously activated user account.
    • Once successfully registered, the user (already the “Registered User”) can log in to the Platform by (i) entering his/her email address and chosen password, or by (ii) logging in via Facebook Connect or Google login.
  5. Rights of NBN23 S.L.
    • NBN23 S.L. reserves the right to reject users without specifying reasons. In this case, the information provided will be deleted immediately.
    • If you provide information that is uncertain, inaccurate, outdated or incomplete, or in the event that NBN23 S.L. has reasonable grounds to suspect that such information is uncertain, inaccurate, outdated or incomplete, NBN23 S.L. has the right to suspend or terminate your account immediately and without prior notice, as well as to refuse any present or future use of the Premium Services (or part thereof), without the registered User being entitled to a refund of the amount previously paid.
    • In any case, NBN23 S.L. reserves the right to contact you at any time to verify the registration information.
  6. Identity of the user. NBN23 S.L. is not responsible for the veracity of the identity of the user, since personal identification through the Internet is only possible within certain limits. Users must confirm for themselves the identity of other users before initiating any form of interaction with them, such as adding them as a friend or writing messages to them.

GENERAL TERMS AND CONDITIONS FOR ALL USERS

  1. Fraud Protection.
    • You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at dpd@nbn23.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be compromised.
    • NBN23 S.L. will not refund any amounts paid by you to NBN23 S.L. if you have not previously reported unauthorized or fraudulent use of your account.
    • NBN23 S.L. has the right to close or terminate the account of any registered User in the event of unauthorized or fraudulent use of the account.
  2. Promotions and free offers. NBN23 S.L. may make promotions and free offers that may be subject to additional conditions or restrictions. These promotions and offers cannot be transferred between users.
  3. Changes to the Applications NBN23 S.L. reserves the right to change options or features, including Premium Features, in the Applications. In most cases NBN23 S.L. makes changes to the Applications to improve them. To the extent that the changes do not have a significant detrimental effect on your use of the App, NBN23 S.L. will not refund any amounts you have previously paid.

SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS

  1. Subscription Requirement. To use the NBN23 S.L. Premium Service for Premium Members, you must i) be a registered User and ii) pay the stated amount, including applicable VAT if any, as well as any other fees or amounts associated with the Premium Services by credit card, App Stores or any other form of payment accepted by NBN23 S.L. (the “Subscription”).
  2. Subscription Types and Pricing. NBN23 S.L. offers different Subscription periods, so you can choose the one that best suits your needs. All prices are subject to change at any time at the discretion of NBN23 S.L. . Any price changes will be announced on the Platform or in the App Stores.
  3. Payment
    • Payment is made in advance for each subscription period. In other words, you can select the subscription period that best suits your needs to access the Premium Services. Once you register and pay for the Subscription, the selected validity period will be associated with your account.
    • Payments for the full period of the Premium Package must be made immediately after invoicing. Payment can be made through various online payment systems. In the event that NBN23 S.L. is unable to collect fees from an account designated by the user due to insufficient funds, the user shall bear the costs thereof, including any bank fees related to debit entries or similar charges. NBN23 S.L. may send invoices and payment reminders to the user by e-mail.
  4. Automatic Renewal. Once the Subscription period expires, your credit card will be automatically charged the standard subscription price valid at the time of subscription, i.e. special offers do not apply in this case, and the Subscription will be renewed for the same period unless you cancel it before the expiration of the current Subscription. The standard Subscription price is available on the Platform and in the App Stores.
  5. Cancellation. You may cancel the NBN23 S.L. Premium Service Subscription for Premium Members at any time. To do so, simply initiate cancellation on the Platform or in the App Store. Except as otherwise provided in Section 8, NBN23 S.L. will not refund any amounts previously paid.
  6. Expiration. Pursuant to Section 6.4, in the event that the user does not cancel the Subscription, each Subscription period ends only with the expiration of the agreed term and regardless of the user’s actual use of the NBN23 S.L. Premium Service for Premium Members during that period. Users can view the duration of the current Subscription period in the user’s account information.
  7. Contact Us. If you have any questions or wish to report a violation of the Premium Terms described in Section 6, please contact us at administracion@nbn23.com.
  8. Application of other rules. Unless otherwise specified in Section 6, all other provisions of these General Terms and Conditions also apply to Premium Members.

INTERRUPTION

  • Interruption of Applications. NBN23 S.L. reserves the right to interrupt one or more Applications. All users must be notified of the discontinuation of the Application. Upon such notification, Premium Members will be able to use the Application during their current Subscription Period. Please note that during this period, the following two limitations will apply:
    • You may not be able to download the Application on another device.
    • NBN23 S.L. will not update the Application during this period. This means that if your device’s operating system is upgraded or other relevant third party technical service changes during this period, you may no longer be able to use the Application. NBN23 S.L. takes no responsibility for this.

If you have purchased your Premium Package through an Application that is discontinued, your Subscription will not be automatically renewed and will expire at the end of the current Subscription term. If you have purchased your Premium Package through another Application that is not discontinued, automatic renewal will continue to occur as set forth in section 6.4 below. Subject to both of the above limitations, only if NBN23 S.L. is unable to provide you with the ability to use the Application before the end of your Subscription period, you are entitled to a pro-rata refund of your Premium Package payment. If this is the case, please contact NBN23 S.L. (see Section 6.7) to request a refund.

  • Notice. NBN23 S.L. may make notices as set forth in Section 7.1 by informing you by email or by communication from the NBN23 S.L. Products.

END

  1. General. All users have the right to terminate their use of NBN23 S.L. Products at any time through the account settings. NBN23 S.L. will confirm such termination to the user.
  2. NBN23 S.L.’s right of termination. In addition, NBN23 S.L. reserves the right to terminate a user’s subscription for important reasons, such as serious breach of the user’s obligations as stipulated in these Terms and Conditions and subsidiary agreements.
  3. Additional information. Please see section 7.5 of our Privacy Policy for more information about deleting your account.

SPECIAL CANCELLATION RIGHT FOR CONSUMERS

  1. Application of consumer laws. If, as a registered User, you use the Products of NBN23 S.L. for a purpose that is not related to your own commercial or professional activity, the legal provisions in force as a consumer apply to you.
  2. Right to cancel the contract. You may cancel your agreement with NBN23 S.L. by e-mail (dpd@nbn23.com) within 14 days from the effective date of the agreement without giving any reason.
  3. Effects of cancellation. In the event of cancellation, the benefits that one party has provided to the other party, as well as the economic benefit obtained, must be returned. If you are unable to return to NBN23 S.L. part or all of the services rendered, you will be obliged to reimburse NBN23 S.L. for the value lost. This means that you must fulfill your payment obligations until the cancellation takes effect. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period starts from the moment you send the letter of cancellation of the contract, while for us it starts from the moment we receive it

OBLIGATIONS AND CONDUCT OF THE USER

  1. User Obligations. All users of NBN23 S.L. Products must:
    • Provide truthful, current and complete registration information, and must not transmit such information to third parties;
    • Save, publish, transmit and distribute content, such as photos, images, texts, representations or videos, only if the user is authorized to transmit such content, i.e. (i) if the user has the exclusive right to use such content, or (ii) in the event that the user does not have such rights with respect to the content provided, if the user guarantees to NBN23 S.L. that all necessary rights, licenses or permissions, among others, have been validly obtained. This also applies to content subject to intellectual property rights, such as trademarks and trade names. The user shall be solely responsible for such content;
    • Refrain from saving, posting, transmitting or distributing any content that is racist, offensive, discriminatory, denunciatory, sexually explicit, glorifies violence or is otherwise illegal;
    • Refrain from sending chain letters or messages to more than one recipient at a time or, in other words, the user must not send mass e-mails or spam;
    • Not to cause interference affecting NBN23 S.L.’s network, including NBN23 S.L.’s Products. s network, including NBN23 S.L.’s Products. Products, through the use of technical or electronic means, such as hacker access attempts, brute force attacks, introduction of viruses/worm/trojan horses and other interference attempts related to NBN23 S.L. software or hardware;
    • Refrain from copying, distributing, transmitting or collecting with the help of technical means, e.g. crawlers or bots, easily accessible information without the consent of the relevant owner;
    • To report without delay any breach of the above obligations by sending an email to fraudprotection@NBN23 S.L. .com;
    • Take diligent care of personal information and only allow persons close to the user to access their own information; and
    • Periodically store important personal information externally, for example, on an external storage medium, hard drive or in the cloud. NBN23 S.L. shall not be liable for any loss or damage to the information.

NON-COMPLIANCE WITH THE USER’S OBLIGATIONS

  1. 1. Penalties. In order to ensure adequate and reliable supply of NBN23 S.L. Products, NBN23 S.L. imposes the following penalties for a user’s failure to comply with its obligations: 1. Products, NBN23 S.L. imposes the following penalties for a User’s failure to comply with its obligations:
    • Warning
    • Removal of content;
    • Temporary deactivation of the user’s account; and
    • Cancellation (irrevocable deactivation). The type of sanction will depend on the reason, impact and time of non-compliance according to the interests of NBN23 S.L. and the user.
  2. Cancellation. In the event that an account is terminated pursuant to this Section 11, the relevant user will not be able to re-register.

CONTENTS

  1. General. NBN23 S.L. allows registered Users to use NBN23 S.L.’s range of Products and these Terms and Conditions to upload, store, publish, distribute, transmit and share content with other users.
  2. Monitoring. You consent that, as a result of the automatic evaluation of how you use the Platform, you may be exposed to certain offers and/or advertising messages targeted to you. Please see our Privacy Policy regarding tracking for marketing purposes, especially sections 4.2 and 7.8.
  3. Communication. NBN23 S.L. shall be entitled to store content or communicate content to third parties to the extent required by law, or as otherwise permitted by law and reasonably necessary to
    • comply with statutory law or judicial or administrative orders;
    • ensure compliance with these Terms and Conditions;
    • act upon claims of non-compliance with law brought by third parties; or
    • protect the rights, property or personal safety of NBN23 S.L., its users and the public.
  4. Use of Content. User grants to NBN23 S.L. the irrevocable, free, non-exclusive and unrestricted right to use the content generated, transmitted, stored and published by such user. Accordingly, NBN23 S.L. shall have the right to use, regardless of the type of use, all content on the Platform and any other activity of NBN23 S.L. or any company associated with NBN23 S.L. . This includes the right to modify and edit such content, unless such changes or edits affect the material interests of the user. In this regard, the user waives, to the extent permitted by law, all intellectual property rights. However, to the extent possible, in the event that NBN23 S.L. uses content created by a user outside of the NBN23 S.L. Products, NBN23 S.L. will indicate that such content has been created by the user. s Products, it will indicate that such content has been created by the user.
  5. Ownership. NBN23 S.L. does not claim ownership of user-created content and will not monitor such content.
  6. Removal. NBN23 S.L. reserves the right to delete content created by users, such as routes, photos, events or comments without specifying its reasons. In this case, the user will be notified and, in case of breach of these Terms and Conditions, will be penalized under Section 11.
  7. Inaccurate content. NBN23 S.L. will not be responsible for inaccurate content created by users such as, for example, details related to routes or events.

PRIVACY POLICY

Please refer to the Privacy Policy which forms part of this agreement.

REPRESENTATIONS AND WARRANTIES

  1. Limitation. NBN23 S.L. makes no representation or warranty that
    • NBN23 S.L.’s Products will be available at all times, or that the Products and the hardware and software will be completely error-free, or that
    • the transmission of data via other systems, in particular via the Internet and communications networks, will not be tracked, recorded or distorted by third parties.
  2. Self-liability. The user uses the Products of NBN23 S.L. under his sole responsibility. This applies, without limitation, to
    • the related use of any hardware, including but not limited to i) the relevant smartphone, e.g. with the “pulse measurement” function, pressing the light for a prolonged period may cause the user’s finger to become warm, ii) chest bands and iii) smartphone security keys;
    • the downloading of content from the user and third parties, and
    • the user’s use of data created or provided by NBN23 S.L., including, but not limited to, (i) the user’s use of the data created or provided by NBN23 S.L. including but not limited to (i) pulse and altitude measurement information or (ii) recommended actions such as training plans. The user explicitly acknowledges that such data or content may contain errors, and NBN23 S.L. is not responsible, to the extent permitted by law, for the correctness of such data.
  3. External Content. In addition, NBN23 S.L. makes no representations or warranties regarding any external links, banners or other information or marketing offers that may be made available to the user. Any contractual agreement entered into between the user and a third party provider, for example through linked websites or banners, shall result in a contractual relationship established solely between the user and the third party provider. NBN23 S.L. makes no representations or warranties regarding the products or services of third party providers.

LIMITATION OF LIABILITY

  1. General. NBN23 S.L. shall be liable under current law, regardless of the legal basis for such liability (pre-contractual, contractual or extra-contractual) only in the event that NBN23 S.L. has caused certain damage intentionally or with gross negligence. In case of slight negligence, NBN23 S.L. shall not be liable to other companies and shall assume its liability to consumers only in the case of personal injury. NBN23 S.L. shall not be liable to companies for consequential damages, mere pecuniary loss, loss of profit or damages resulting from third party claims.
  2. Content. Unless required by statutory law, neither NBN23 S.L. nor any of its associated companies shall be liable for damages arising from the use of content accessible via the online platform or other forms of use of the NBN23 S.L. Products. This also applies to damages caused by errors, problems, viruses or loss of data.
  3. Downloads. NBN23 S.L. assumes no liability for material downloaded or obtained as a result of the use of NBN23 S.L. Products. The Registered User is solely responsible for any damage caused by such materials to his or her computer or smart phone, or for any data lost as a result of downloading materials from any NBN23 S.L. Products.
  4. Disputes. The Registered User is solely responsible for claims arising out of or relating to disputes with other users. Registered User acknowledges and agrees that NBN23 S.L. shall in no event be liable for the actions and omissions of other users, including damages related to such actions and omissions.

INDEMNIFICATION BY USERS

  1. Indemnification. User shall indemnify NBN23 S.L. against all claims brought by third parties as a result of User’s infringement of their rights in connection with content uploaded to any of NBN23 S.L.’s Products by User or as a result of any other use by User of NBN23 S.L.’s available applications. User shall bear the costs of any legal proceedings in which NBN23 S.L. may be involved in connection with such claims, including court costs and attorneys’ fees to the extent permitted by law, unless User is not responsible for such infringement.
  2. Endorsement. In the event that a third party files a claim, you will promptly, truthfully and completely make available to NBN23 S.L. all information available to you that may be necessary to substantiate and defend against such claim. Additional claims for damages that NBN23 S.L. is entitled to bring against the user shall remain unaffected.

CHANGES IN TERMS AND CONDITIONS

  1. General. NBN23 S.L. reserves the right to change these Terms and Conditions from time to time for various reasons, for example, for business reasons, compliance with applicable laws and regulations or reasons related to customer service. The current version of these Terms and Conditions is always available for viewing on the Platform as well as in the Apps.
  2. Changes. In the event of minor changes to these Terms and Conditions (for example, if there is a change in the law that causes us to change our Terms and Conditions), it will be sufficient for us to post the new Terms and Conditions on the Platform and the Apps for your reference. Please check these Terms and Conditions periodically to ensure that you are aware of the updated terms and conditions. In the event of significant changes to these Terms and Conditions that would materially adversely affect you, NBN23 S.L. will obtain your express consent to the making of such changes by communication through NBN23 S.L. Products. or NBN23 S.L. will inform you of the changes at least two weeks prior to the changes taking effect by writing to you by e-mail at the address provided during Registration (“Modification Information”). Upon receipt of the Modification Information, you will have a two-week objection period.

The Modification Information will include (i) the updated Terms and Conditions, (ii) the effective date of the changes, (iii) a two-week objection period, and (iv) information about the effects of failing to object.

If you do not object to the changes, the updated Terms and Conditions will be deemed accepted.

In the event that you object to the changes, NBN23 S.L. is entitled to terminate the contract and delete your user account, taking into account your interests if the continuation of the contractual relationship within the scope of these Terms and Conditions is not possible or reasonable for NBN23 S.L.

MISCELLANEOUS PROVISIONS

  1. Severability Clause. In the event that individual provisions of these Terms and Conditions are or become void, the remaining terms and conditions shall continue to have effect.
  2. Applicable Law and Jurisdiction.
    • These Terms and Conditions, as well as all contractual relations and disputes between users and NBN23 S.L. shall be governed by Spanish law.
    • The place where justice will be administered/imparted/judged/judged and where the exclusive competent court is located is Paterna, Valencia.