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

1. INTRODUCTION

    1. Who we are. NBN23 S.L. manages 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 sport or who are beginning to be interested in it. 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 only once (see Section 4 below). However, certain content can be viewed without registration

    3. Our goal. The goal of NBN23 S.L. is to contribute positively to the development of the sport and the expansion of the basketball community

      2. VALIDITY OF TERMS AND CONDITIONS

      1. Validity. NBN23 S.L. offers the Products of NBN23 S.L. based on these Terms and Conditions. The user accepts the validity of these Terms and Conditions and the agreements incorporated into them by reference by i) the use of NBN23 S.L. Products, in case they are available without registration, or by ii) registration, in case the use of an account is necessary.

      2. Prerequisite. The registration and use of the complete 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  

  2. OBJECT OF THE AGREEMENT

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

      1. Platform

        1. Personal profile page, including personal data

        2. Summary of news related to NBN23 S.L.

        3. Content (such as texts, images and videos) related to the world of basketball presented by NBN23 S.L. and professional third parties

        4. Status messages

        5. Blog that presents in detail information, products and news of the company.

        6. Other content, such as

∙ about us: brief description of NBN23 S.L. ;

∙ ∙ advertising of NBN23 S.L. and/or third parties;

∙ assistance to users;

∙ Privacy Policy and these Terms and Conditions;

∙ ∙ Press and media centre;

∙ Legal information.

    1. Applications:

      1. 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.

      2. Based on user's choice, the relevant data is transmitted from the smartphone to the Platform and shared with other social networks (such as Facebook) respectively. Please see our Privacy Policy for more information.

      3. The user hereby confirms that he/she is aware that, as a result of the transmission of data from the smartphone to the Platform, the mobile operator may apply certain costs that will be borne by the user.

      4. Mobile apps are only available to smartphone users. Only the basic functionality of mobile apps is available for free.

      5. Additional terms and conditions of mobile phone providers apply.

  2. REGISTRATION

The scorer incentive platform requires a unique and free registration through a registration form provided on the Platform itself.

Only people certified as scorers by NBN23 and who have received the corresponding invitation will be able to register on the platform.

    1. Effects of registration

      1. By registering, the user confirms the knowledge and unlimited acknowledgment of the content of these Terms and Conditions, that all registration data is true, accurate, current and complete, and that it will keep the registration information updated.

      2. Cada usuario se registra en NBN23 S.L una sola vez.

      3. Once successfully registered, the user (hereinafter "Registered User") can connect to the Platform i) by entering their email address and the chosen password.

 

    1. Rights of NBN23 S.L. 

      1. NBN23 S.L. reserves the right to reject users without specifying its reasons. In this case, the information provided will be deleted immediately.

      2. If you provide uncertain, inaccurate, outdated or incomplete information, or in case NBN23 S.L. has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, NBN23 S.L. has the right to suspend or terminate your account immediately and without notice.

      3. In any case, NBN23 S.L. reserves the right to contact you at any time to verify your registration information.

    2. User identity. NBN23 S.L. is not responsible for the veracity of the user's identity, since personal identification via Internet is only possible within certain limits. Users shall confirm the identity of other users themselves before initiating any form of interaction with them, such as adding them as a friend or writing messages to them.

 

  1. GENERAL TERMS AND CONDITIONS FOR USERS

    1. Fraud protection

      1. You must protect your account from unauthorized and fraudulent use. Notify us immediately by email to dpd@nbn23.com, about any unauthorized or fraudulent use of your account, or if you suspect that your account may be compromised. dpd@nbn23.com , cualquier uso no autorizado o fraudulento de su cuenta, o si sospecha que su cuenta puede estar en peligro.

      2. NBN23 S.L. has the right to block or terminate the account of any Registered User in the event of unauthorized or fraudulent use of the account.

    2. Changes in Applications. NBN23 S.L. reserves the right to change options or functions. In most cases NBN23 S.L. makes changes to the Applications to improve them.

  

  1. INTERRUPTION

 

    1. Interruption. NBN23 S.L. reserves the right to interrupt the operation of the Platform. All users must be notified of the interruption of the Platform  

    2. Notice. NBN23 S.L. can fulfill notices informing by email or by communication from the Products of NBN23 S.L. 

 

  1. ENDING

    1. General. All users have the right to terminate the use of NBN23 S.L. Products. at any time through your account settings. NBN23 S.L. will confirm to the user such termination.

    2. Right of termination of NBN23 S.L. 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 under these Terms and Conditions and subsidiary agreements.

    3. Additional information. Please see our Privacy Policy for more information on the retention period of your data.

 

  1. RIGHT OF SPECIAL CANCELLATION 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 commercial or professional self-employed activity, the legal provisions in force as a consumer apply to you

    2. Derecho de rescisión del contrato. Puede cancelar su acuerdo con NBN23 S.L.  por correo electrónico (dpd@nbn23.com), en un plazo de 14 días a partir de la fecha de entrada en vigor del acuerdo sin aducir motivo alguno.

    3. Effects of cancellation. In case of cancellation, the benefits that one party has provided to the other, as well as the economic benefit obtained, must be returned. If you cannot return to NBN23 S.L. part or all of the services provided, will be obliged to reimburse NBN23 S.L. the lost value. This means that you must meet your payment obligations until the cancellation takes effect. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins at the time you send the contract cancellation letter, while for us it starts at the time we receive it.

   

  1. OBLIGATIONS AND CONDUCT OF THE USER

    1. Obligations of the user. All users of NBN23 S.L. products must:

      1. provide truthful, up-to-date and complete registration information, and must not pass such information on to third parties;

      2. save, publish, transmit and distribute the 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 case the user does not have such rights with respect to the content provided, if it guarantees NBN23 S.L. that all necessary rights, licenses or permits, among others, have been validly obtained. This also applies to content subject to intellectual property rights, such as trademarks and trade names. The user will be solely responsible for such content;

      3. refrain from saving, publishing, transmitting or distributing any content that is racist, offensive, discriminatory, sexual, violent or otherwise illegal.

      4. refrain from sending letters or chain messages to more than one recipient at a time or, what is the same, the user must not send mass messages by email or spam;

      5. not to cause interference that affects the network of NBN23 S.L. , including the Products of NBN23 S.L. , through the use of technical or electronic means, such as hacker access attempts, force attacks, viruses / worms / Trojans and other interference attempts related to the software or hardware of NBN23 S.L.;

      6. refrain from copying, distributing, transmitting or collecting with the help of technical means, for example, trackers or bots, easily accessible information without the consent of the respective owner;

      7. Report without delay the breach of the above-mentioned obligations by sending an e-mail to dpd@nbn23.com 

      8. 8. diligently take care of personal information and only allow people close to the user to access their own information; and

      9. Regularly store important personal information externally, for example, on an external storage medium, hard drive or in the cloud. NBN23 S.L. will not be liable for loss or damage to information.

  

  1. BREACH OF USER OBLIGATIONS

    1. Sanctions. In order to guarantee the adequate and reliable supply of NBN23 S.L. Products, NBN23 S.L. imposes the following penalties for non-compliance with a user's obligations:

      1. warning;

      2. removal of content;

      3. temporary deactivation of the user account; and

      4. 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.

    1. Cancellation. In case an account is canceled, the corresponding user will not be able to re-register.

 

  1. CONTENT

    1. General. NBN23 S.L. allows registered Users to use the range of NBN23 S.L. products. and these Terms and Conditions for uploading, saving, publishing, distributing, transmitting and sharing content with other users.

    2. Tracking. The user consents that, as a result of the automatic evaluation of the way in which he uses the platform, he may be exposed to certain offers and / or advertising messages directed to said user. Please see our Privacy Policy regarding tracking for marketing purposes.

    3. Communication. NBN23 S.L. shall have the right to store the Content or communicate it to third parties to the extent required by law, or where permitted by law and reasonably necessary to:

      1. comply with statutory law or judicial or administrative orders;

      2. ensure compliance with these Terms and Conditions;

      3. act on claims for breach of law brought by third parties; or

      4. protect the rights, property or personal safety of NBN23 S.L., its users and the general public.

    2. Use of Content. The user grants NBN23 S.L. the irrevocable, free, non-exclusive and unlimited right to use the content generated, transmitted, saved and published by themselves. Therefore, NBN23 S.L. will have the right to use, regardless of the type of use, all the content of 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, as possible, in case NBN23 S.L. use content created by a user outside of the Products of NBN23 S.L., it will indicate that such content has been created by the user.

    3. Property. NBN23 S.L. does not claim ownership of user-created content and will not monitor such content.

    4. Elimination. NBN23 S.L. reserves the right to remove user-created content such as routes, photos, events, or comments without specifying their reasons. In this case, the user will be notified and, in the event of a breach of these Terms and Conditions, will be sanctioned under Section 11.

    5. Inaccurate content. NBN23 S.L. will not be responsible for inaccurate content created by users, such as details related to routes or events.

 

  1. PRIVACY POLICY

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

 

  1. REPRESENTATIONS AND WARRANTIES

    1. Limitation. NBN23 S.L. does not represent or warrant that

      1. NBN23 S.L. Products are available at all times, or that these and the hardware and software are completely error-free, or that

      2. the transmission of data through other systems, in particular over the Internet and communications networks, is not subject to tracking, recording or distortion by third parties

    2. Self-responsibility. The user uses the Products of NBN23 S.L. under their sole responsibility. This applies, without limitation, to

      1. related use of any hardware, including but not limited to (i) the relevant smartphone, e.g. with the "pulse measurement" function, when pressing the light for an extended period, the user's finger may heat up, (ii) chest belt devices and (iii) smartphone security keys;

      2. downloading User and Third Party Content, and

      3. the user's use of 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 this type of data or content may contain errors, and NBN23 S.L. is not responsible, to the extent permitted by law, for the accuracy of such data.

    3. External content. In addition, NBN23 S.L. makes no representations or warranties regarding external links, banners or other information or marketing offers that may be available to the user. Any contractual agreement entered into between the user and an external provider, for example through linked websites or banners, will result in a contractual relationship established solely between that user and the external provider. NBN23 S.L. makes no representations or warranties regarding the products or services of third-party suppliers.

 

  1. LIMITATION OF LIABILITY

    1. General. NBN23 S.L. will be liable according to current legislation, regardless of the legal basis of such liability (pre-contractual, contractual or extracontractual) only in case NBN23 S.L. has caused certain damage intentionally or with gross negligence. In case of slight negligence, NBN23 S.L. will not be liable to other companies and will assume its responsibility to consumers only in the case of personal injury. NBN23 S.L. shall not be liable to companies for indirect damages, mere pecuniary losses, loss of profits, loss of benefits or damages arising from claims of third parties.

    2. Content. Unless required by statutory law, neither NBN23 S.L. nor any of its associated companies will be liable for damages arising from the use of content accessible through the online platform or other forms of use of NBN23 S.L. Products. This also applies to damage caused by errors, problems, viruses or data loss.

    3. Downloads. NBN23 S.L. does not assume any responsibility for the material downloaded or obtained as a result of the use of the Products of NBN23 S.L. The Registered User is solely responsible for any damage caused by such materials to his computer or smartphone, or by information lost as a result of downloading materials from any of NBN23 S.L. Products.

    4. Conflicts. The Registered User is solely responsible for claims arising from disputes with or related to other users. The Registered User acknowledges and accepts that NBN23 S.L. shall not be liable, in any event, for the actions and omissions of other users, including damages related to such actions and omissions.

 

  1. INDEMNIFICATION BY USERS

    1. Indemnity. The user will indemnify NBN23 S.L. for all claims filed by third parties as a result of the violation of their rights by the user in relation to the content uploaded to any of the Products of NBN23 S.L. by them or as a result of any other use that the user makes of the applications available from NBN23 S.L. The user will assume the costs of 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 the user is not liable for such breach.

    2. Backrest. In the event that a third-party files a claim, the user will make available to NBN23 S.L. quickly, truthfully and completely all the information they have at their disposal that may be necessary to corroborate the claim and defend against it. Additional claims for damages that NBN23 S.L. have the right to file against the user will not be affected.

 

  1. CHANGES TO TERMS AND CONDITIONS

    1. General. NBN23 S.L. reserves the right to modify these Terms and Conditions from time to time for various reasons, for example, for commercial 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 consultation on the Platform as well as in the applications

    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 in the Applications for your reference. Please check these Terms and Conditions periodically to ensure that you are aware of the updated terms. In the event of significant changes to these Terms and Conditions that affect you very unfavorably, NBN23 S.L. will obtain your express consent for the realization of these changes by a communication through the Products of NBN23 S.L. , or NBN23 S.L. will inform you of the changes at least two weeks before the changes become effective by writing to you by email at the address provided during Registration ("Amendment Information"). Upon receipt of the Amendment Information, you will have an objection period of two weeks.

The Amendment Information shall include (i) the updated Terms and Conditions, (ii) the effective date of the changes, (iii) an objection period of two weeks, and (iv) information on the effects of the omission of an objection.

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

In case 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.

 

  1. MISCELLANEOUS

    1. Severability. In the event that the individual provisions of these Terms and Conditions are or become void, the remainder of the terms and conditions shall continue to have effect

    2. Applicable law and jurisdiction.

      1. These Terms and Conditions, as well as all contractual relationships and existing disputes between users and NBN23 S.L. shall be governed by Spanish law.

      2. All disputes concerning the interpretation and enforcement of the agreement shall be submitted to the exclusive jurisdiction of the competent court of Paterna, Valencia, Spain.

 

Last updated: February, 2022