Terms of Service

Maxi Gramar, is PX14 distributor and administrator of the web pages available in bPlaying.com and all subdomains thereof (hereinafter "Website"). Access to and use of the software ( "Software") and services ("Services") available through the Site and other distribution systems are governed by these Terms of Service and License Agreement (this "Agreement").

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS, YOU MUST LEAVE THE SITE AND ARE NOT AUTHORIZED TO ACCESS OR USE ANY SERVICES OR SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES AND / OR SOFTWARE, YOU CONFIRM THAT YOU HAVE AT LEAST 18 YEARS OLD (OR IF YOU ARE AT LEAST 12 YEARS AND UNDER 18 YEARS, YOU ARE USING THE SITE, SERVICES AND / OR SOFTWARE ONLY WITH APPROVAL OF ITS PARENT OR GUARDIAN), AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT.

If you are accessing the Website or the Software, individually this agreement is between you and Maxi Gramar. If you are an employee, faculty member or student of a university, school or other entity or organization that has subscribed the Services and Software ( “Enterprise Subscriber”) and has authorized the use of the Website, services and software ( "“Authorized User”"), this Agreement is an agreement between you and the Enterprise Subscriber authorized, on the one hand and Maxi Gramar. Maxi Gramar legally act against any violation of the terms of this Agreement.

If you are entering into this Agreement on behalf of an Enterprise Subscriber, you represent that you have the authority to bind the Enterprise Subscriber to this Agreement. If you do not have such authority, you must not accept this Agreement and may not use the Site, Software or Services.

License

In consideration for your agreement to this Agreement and your payment of all applicable Fees (as defined below), Maxi Gramar grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services and the Software, subject to the terms and conditions set forth in this Agreement. If you are an Enterprise Subscriber, you may permit such number of Authorized Users as has been agreed between you and Maxi Gramar to access and make use of the Site, Services and Software.

You can access and use the Web Services and Software Site solely for your own personal purposes and only in accordance with the instruction manuals, user guides and other documents Maxi Gramar put at their disposal.

You may not:
• (1) Distribute, transmit, publish or otherwise disseminate any bPlaying data.
• (2) Transfer to any third party any of your rights under this Agreement.
• (3) Access or use the Services, Software or bPlaying IP for the benefit of any third party.
• (4) Access content or data not intended for you, log onto a server or account that you are not authorized to access, or otherwise violate or attempt to violate any security or authentication feature or measures of the Site, Software or Services.
• (5) Attempt to access or derive the source code or architecture of any Software.
• (6) Attempt to probe or test the vulnerability of the Site, Services and/or Software, or any associated system or network, or to breach any security or authentication feature or measures of the Site, Software or Services, and if you are blocked by Maxi Gramar from accessing the Site, Software or Services (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
• (7) Interfere with the service, including, without limitation, submitting malicious code or malware to the Site or Services.
• (8) Transmit any content that infringes any intellectual property or other proprietary rights of any party.
• (9) You do not have a right to upload malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; poses or creates a privacy or security risk to any person or entity.
• (10) Automate access to the Site or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices.
• (11) Violate any applicable law or regulations in connection with your use of the Site, Services or Software.
• (12) Authorizing a third party using your access data.
• (13) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, without limitation, an Enterprise Subscriber.
• (14) Permit any third party to do any of the foregoing.

Maxi Gramar can make available additional software. Without prejudice to the other terms and conditions of this Agreement, you may install and use the additional software for your personal use only. Upon expiration or termination of this Agreement for any reason, you must stop using the complementary software and you must immediately destroy all copies of same in your possession.

Registration and Security

By completing the registration process, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide Maxi Gramar accurate and complete information in the registration process, and report changes in this information.

You shall be solely responsible for the security and proper use of all user access data, passwords or other security devices used in connection with the Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform Maxi Gramar if there is any reason to believe that a user access data, password or any other security device issued by Maxi Gramar has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Maxi Gramar reserves the right (at its sole discretion) to request that you change your password in connection with the Services, or cancel if not the request applies.

You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall Maxi Gramar be liable for any loss or damages relating to such activity.

Enterprise Subscriber Responsibility for Authorized Users

Enterprise Subscribers shall ensure that the total number of Authorized Users does not exceed the maximum number of seats authorized by and purchased from Maxi Gramar (each of which seats represents a unique (named) Authorized User). Authorized Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their seat, username or right to use the Site, Services or Software to any third party. You, the Enterprise Subscriber, are solely responsible for the way your Authorized Users use the Site, Services and Software, and for ensuring that all of your Authorized Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by an Authorized User shall be deemed to be a violation thereof by the Enterprise Subscribers.

Fees, Payment and Trial Memberships If you have registered to use certain Services and/or Software on a trial basis, then you may use such Services and Software only for noncommercial evaluation. In all other cases, unless you are an Enterprise Subscriber or Authorized User thereof, your access to or use of the Services and/or Software shall be contingent upon your payment of all applicable fees. Enterprise Subscribers shall pay the fees set forth in the invoice(s) rendered by Maxi Gramar in accordance with the payment terms set forth therein.
Upon registering for Services, unless you are an Enterprise Subscriber or Authorized User thereof, you will be required to designate a valid credit card. You hereby authorize Maxi Gramar to charge to your designated account all Fees relating to the Services you select, and you agree to pay all such Fees in accordance with the applicable card member agreement.
Maxi Gramar reserves the right to revise its Fees, including by increasing or adding new Fees, at any time on ten (10) days’ notice. Such notice may be sent to you by email to your most recently provided email address or posted on the Site or by any other manner chosen by Maxi Gramar in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the Site on the day it was posted. Your use of the Services after the ten (10) day notice period constitutes your acceptance of the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription by following the "View cancellation instructions"..

Continuous membership

To ensure uninterrupted service, all subscriptions to the Site, Software and Services have renewed automatically. You hereby authorize a Maxi Gramar to charge subscription Fees for the renewal period to the credit card. All subscriptions are renewed two days before the expiry of the current subscription. You may cancel the subscription at any time by following the "View cancellation instructions" link below.

Termination and Refund Policy

This Agreement shall continue until you cancel your subscription or until terminated by Maxi Gramar. You may cancel your subscription at any time. View cancellation instructions at https://bPlaying.com/en/cancel-my-subscription If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).
Maxi Gramar may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that Maxi Gramar determines, in its sole discretion, violate this Agreement or the rights of Maxi Gramar or any third party, or is otherwise inappropriate. Without limitation, Maxi Gramar may deny you access to the Services, or terminate this Agreement and your account, if your use of the Services exceeds the 30-day and 24-hour use limitations set forth under the section titled "License".
Upon termination of your account(s), your right to use the Services and Software and to access the Site and any of its content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable, and Maxi Gramar will not prorate any Fees paid for a subscription that is terminated before the end of its term.

Termination of Agreement with Enterprise Subscriber

This section applies only to Enterprise Subscribers. Either Maxi Gramar or you may terminate this Agreement by notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receipt of notice of the breach from the non-defaulting party. In addition, Maxi Gramar may suspend the Services upon notice if Client fails to make any payment required under any purchase order or invoice rendered by Maxi Gramar or other agreement between the parties and fails to cure such breach within ten (10) days after receipt of notice of the breach from Maxi Gramar. Any such suspension or termination shall be without limitation of any other right or remedy available to the terminating party.
Maxi Gramar may terminate this Agreement unilaterally by written notice thirty (30) days in advance without liability. Following a termination, Maxi Gramar refund that proportion of the amount for the remaining term, as applicable.
Either Maxi Gramar or you may terminate this Agreement immediately upon notice to the other party if the other party has a receiver or similar party appointed for all or substantially all of its property, is declared insolvent by a court of competent jurisdiction, ceases to do business in the ordinary course, files a petition in bankruptcy or has a petition filed against it in bankruptcy, becomes the subject of any court or administrative proceeding related to its liquidation or insolvency (whether voluntary or involuntary) that is not dismissed within ninety (60) days, or makes an assignment for the benefit of its creditors.
Upon termination of this Agreement, your right to use the Services and Software and to access the Site and any of its content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.

Access to Services

You are responsible for the necessary means to connect or access the Site. You are solely responsible for ensuring that the connection means are compatible with the Services and Software.

Mobile Services

The Site, Software and Services may include products and services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that Maxi Gramar may communicate with you regarding Maxi Gramar and other entities by electronic means to your mobile device.

User Content

You are solely responsible for all text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Services and/or Software (“User Content”). Includes, among other things, any mistakes contained in the content or information transmitted by you. Maxi Gramar has no obligation to monitor any User Content and shall have no liability to you or any other person or entity with respect thereto, including, without limitation, liability with respect to any information (including confidential information) contained in or apparent from any User Content. You warrant, represent and covenant that you own or have a valid and enforceable license to use all User Content, and that no User Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. Maxi Gramar is not responsible for the loss, corruption or other changes to User Content. Without limiting the foregoing, any feature(s) of the Services and/or Software that may permit you to temporarily save or otherwise store certain User Content is offered for your convenience only and does not guarantee that the User Content will be retrievable. You are solely responsible for saving, storing and otherwise maintaining User Content including by maintaining backup copies of your User Content on appropriate independent systems that do not rely on the Services and/or Software.

Changes to Services or Terms

Maxi Gramar reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, including any Trial, (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, including any Trial, in each case with or without prior notice and without any liability to you or any third party. Maxi Gramar will use its commercially reasonable efforts to notify you of changes to the Services and/or Software that, in Maxi Gramar reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services to which you have subscribed.
Maxi Gramar may from time to time update or revise this Agreement. If Maxi Gramar updates or revises this Agreement, Maxi Gramar will notify you either by email to your most recently provided email address, by posting the updated or revised Terms of Service and End User License Agreement on the Site or by any other manner chosen by Maxi Gramar in its commercially reasonable discretion. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with this Agreement as updated or revised. You can view the most current Terms of Service and End User License Agreement at bPlaying.com/en/terms. It is your responsibility to review the Terms of Service and End User License Agreement periodically.
If you cancel your subscription within ten (10) days following such notice by Maxi Gramar in accordance with the two preceding paragraphs, then Maxi Gramar will refund you a pro-rated portion of any pre-paid Fees for the affected Services applicable to the canceled portion of the pre-paid subscription term, if any.

Links to Third Party Sites

Any links on the Site to third party websites are provided for your convenience only. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk. Maxi Gramar does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services.

Consent to Receive Email

Your registration to use the Site and/or Services constitutes your consent to receive email communications from Maxi Gramar, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.

Data Collection and Privacy

Maxi Gramar does not collect personally identifiable information from you except to the extent you have explicitly given such information to Maxi Gramar. Maxi Gramar’s information practices are further described in its privacy policy, which is available at: privacy-policy (the “Privacy Policy”). The Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference, and by entering into this Agreement you agree to (1) all of the terms of the Privacy Policy, and (2) Maxi Gramar’s utilization of data as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights.
Maxi Gramar may from time to time update or revise the Privacy Policy. If Maxi Gramar updates or revises the Privacy Policy, Maxi Gramar will notify you either by email to your most recently provided email address, by posting the updated or revised Privacy Policy on the Site or by any other manner chosen by Maxi Gramar in its commercially reasonable discretion. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with the Privacy Policy as updated or revised.
In addition, Maxi Gramar may engage third parties to conduct risk control and fraud detection/prevention activities. As part of such engagements, if you initiate a transaction on the Site or through the Services, Maxi Gramar may give such third parties access to your pertinent credit card and other personal information. Such third parties may only use such personal information for purposes of performing risk control and fraud detection/prevention activities for us. However, they may also convert such personal information into hashed or encoded representations of such information to be used for statistical and/or fraud prevention purposes. By initiating any such transaction, you hereby consent to the foregoing disclosure and use of your information.

Ownership

All intellectual property rights in and to the Software, Site and Services and other bPlaying IP are and shall remain the sole property of Maxi Gramar and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Software or other bPlaying IP .
You may from time to time provide Maxi Gramar with suggestions, comments, recommendations and/or feedback regarding the Services, the Software and/or Maxi Gramar related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. As between the you, Maxi Gramar and, if applicable, the Enterprise Subscriber, all Feedback shall be exclusively owned by Maxi Gramar, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result Maxi Gramar shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you, the Enterprise Subscriber or any other person or entity.

Indemnity

You shall indemnify, release and hold harmless Maxi Gramar and its parents, subsidiaries and affiliates, and each of their respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by of your access to the Site, use of the Services or Software, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Maxi Gramar EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES AND SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES AND SOFTWARE ARE AT YOUR OWN SOLE RISK AND THAT THE SITE, SERVICES AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Maxi Gramar DOES NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

In no event shall Maxi Gramar be liable with respect to the site, services and/ or software for (1) any amount in the aggregate in excess of the fees you have actually paid to Maxi Gramar during the twelve (12) month period immediately preceding the event(s) giving rise to such liability; (2) any lost profits, lost or damaged user content or other data, or failure to meet any duty, including without limitation good faith and reasonable care.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Maxi Gramar and you. you understand that the site, services and software would not be provided without such limitations.
Certain states do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you and you may have additional rights.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Section titled “Dispute Resolution By Binding Arbitration” is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Maxi Gramar, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Site, Software or Services, any advertising or any aspect of the relationship or transactions between us, shall be resolved exclusively by final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Your rights will be determined by a neutral arbitrator of the Office responsible for this act in the (Postal Address) of Maxi Gramar (“Arbitration Authority”), not a judge or jury. You agree to accept and carry out the requirements that the Arbitration Authority requested .

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

You and Maxi Gramar agree that can only make claims individually and no collectively or in a group represented nor through representation.

c. Pre-Arbitration Dispute Resolution

Maxi Gramar is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at px14@bplaying.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Maxi Gramar should be sent to (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Maxi Gramar and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Maxi Gramar may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Maxi Gramar or you shall not be disclosed to the arbitrator.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator of the Office responsible for this act in the (Postal Address) of Maxi Gramar (“Arbitration Authority”).

e. Costs of Arbitration

CEach party shall bear the costs of filing individual arbitration.The costs of arbitration shall be borne by the party which has been responsible for the breach of this Agreement.
Los costes del arbitraje serán a cargo de la parte que ha sido responsable del incumplimiento de este Contrato.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the Arbitration Authority, will be strictly confidential for the benefit of all parties.

g. Divisibilidad

Without limiting the severability provision in the Section titled “General Provisions” of this Agreement, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of clause (b) of this Arbitration Agreement is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.

General Provisions

This Agreement shall be governed by, and construed in accordance with, the laws of Spain, without regard to any choice of law, conflicts of law or other principles that would result in the applicable of the laws or regulations of any other jurisdiction. Subject to the section titled “Arbitration Authority”, any legal action or proceeding relating to this Agreement shall be instituted in a Arbitrator. You and Maxi Gramar agree to submit to the jurisdiction of Arbitration Authority, and agree that venue is proper in, these courts in any such legal action or proceeding. This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder.
If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal or unenforceable by a Spanish court, the remaining provisions of this Agreement shall be unimpaired and shall remain in full force and effect, and the invalid, illegal or unenforceable provision(s) shall be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
If Maxi Gramar is unable to perform any obligation under this Agreement because of any matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving employees of Maxi Gramar), acts of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks or other events beyond Maxi Gramar reasonable control (each, a “Force Majeure Event”), Maxi Gramar will have no liability to you for such failure to perform; provided, however, that Maxi Gramar shall resume performance promptly upon removal of the circumstances constituting the Force Majeure Event. If any Force Majeure Event continues for more than sixty (60) days, either Maxi Gramar or you may terminate this Agreement by delivery of written notice to the other party. You will remain responsible for all Fees incurred through the last day the Services were available.
No waiver or modification of any of the provision of this Agreement shall be binding on Maxi Gramar unless they are in writing and signed by a duly authorized representative of each party.

Postal Address

C/ Diputació, 184 entlo 1
08011 Barcelona Spain
Cliente px14@bplaying.com