Effective Date: 20 November 2021
Welcome to Whatplay.es (the “Website”), owned and operated by ITECH SLU We are registered in the State of Andorra with office at ctra. Engolasters, Efici. Miravall, AD700 Escaldes Engordany.
PLEASE READ THE TERMS CAREFULLY because they affect Your rights and liabilities under the law. By using the Website, You confirm that You have read and agreed to be bound by the Terms. If You do not agree with the Terms, You may not use or access the Website. We recommend that You print a copy of these Terms for future reference.
"Content" is any information displayed on the Website including without limitation files, links, text, data, code, images, photographs, graphics, software, designs and any other materials.
"Party" refers to either You, or Us, or any other party to the Terms. "Parties" refers to both You and Us.
"You" and "Your" refer to the visitor, user, client, customer or person using or accessing the Website and thus accepting The Terms.
These Terms of Service ("Terms") set forth the terms and conditions under which you may access and use the Whatplay application ("Application") and related services offered by Whatplay ("We," "Our," "Company"). By using the Application, you agree and consent to comply with these Terms. If you do not agree to these Terms, do not use the Application.
We reserve the right to modify these Terms at any time and without prior notice. Changes will become effective once posted within the Application. It is your responsibility to regularly review these Terms to stay informed of any modifications.
These Terms of Service were last updated on 10/07/2023. Your continued use of the Application following any modifications to these Terms constitutes your acceptance of the amended terms.
All elements that We feature or display on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Our Property”) are owned by Us, Our licensors, vendors, agents and/or Our content providers.
All elements on the Website, including without limitation the general design and Our Property, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website, Our Property and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from Our Property. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on Our Property.
All of Our trademarks, service marks and trade names used herein (including but not limited to the Itech SLU corporate logo, the Website design, and any logos) (collectively “Marks”) are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a “hot” link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights on the Website. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in the Terms obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.
We encourage a free and open exchange of information in a climate of mutual respect. You must use the Website for lawful purposes only. We reserve the right, but do not assume any obligation, to monitor Your online conduct to enforce the Terms.
Your use and access of the Website does not include any right of resale or commercial use of the Website or its Content; any derivative use of the Website or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.
The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
You may not do (or attempt to do) any of the following:
You must seek and obtain Our written consent before creating any link to the Website. Deep linking is strictly prohibited. All authorised links to the Website must be to the home page of the Website, must make it clear that the Website and Our Property are distinct from the site containing the link and must make it clear that the Website is owned and/or operated by or on Our behalf. You obtain no rights other than the right to link to the Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site.
Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.
You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libellous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.
We may provide, or third parties (with consent as above) may provide, hypertext links to and/or from other internet websites or resources. The inclusion of such links on the Website is for convenience only and does not imply Our endorsement of the other site or any association with the operators of that site. We encourage discretion when browsing external sites and resources. Some sites may contain or link users to websites containing information that may be considered inappropriate or offensive. External websites may send their own cookies to You, collect data and/or solicit personal information.
Your visiting of any external sites via links from the Website is entirely at Your own risk.
We have not confirmed the accuracy or reliability of any information in external websites or resources linked or accessed via or which link to the Website. We shall not be responsible or liable for any content, advertising, products, support, services or other materials on or available from such external websites or resources. We shall not be responsible for the accuracy, copyright compliance, legality or decency of material contained in external websites or resources. We shall not be responsible for, and disclaims all warranties, express and implied, as to, the accuracy, validity, legality, copyright compliance, decency or otherwise of any materials or information contained in external websites or resources. We shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by the use of or reliance on any content, products, support or services available on or through any external websites or resources.
Without limiting the above, We do not make any representations or warranties as to the security of any information You might be requested to give any third party through linked websites and You waive any claim against Us with respect to such matters.
We warrant that We will provide the Website with reasonable care and skill and substantially as described in these Terms. We do not make any other warranties about the Website or Our Property.
We are not liable to You (or any other parties) for
We are under no obligation to become involved in any dispute that You have with other users or in any incident that You are party to with other users, or that are affected by or otherwise related to the Website.
The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or otherwise.
You shall compensate Us and Our officers, agents, employees and service providers and hold Us harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of Us as a result of any claim by a third party resulting from a breach or non-observance by You of any prohibition, or restriction on Your activities in relation to the Website contained in these Terms, or of any undertaking, representation or warranty of You contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Us under these Terms.
Without limitation to the generality of the above, You agree to compensate Us and Our officers, agents, employees and service providers (who disclaim liability) in respect of claims, liabilities, costs (including legal fees), expenses, demands and damages of any nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, howsoever incurred by any of them arising out of or in any way related to:
In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We may make improvements and/or changes on the Website at any time with or without notice. If the need arises, We may suspend access to the Website, or close it indefinitely.
Any Content on the Website may be out of date at any given time, and We are under no obligation to update such Content.
The Terms are subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Terms. Material revisions to the Terms will be indicated by an updated Effective Date at the top of this page and by a notice posted on the homepage of the Website. It is Your responsibility to remain apprised of any revisions to the Terms and to remain in compliance therewith.
Should You object to any such revisions to the Terms or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your use of the Website. Otherwise, continuing to visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.
We may terminate the Terms and/or block Your access to the Website:
You may terminate Your use of the Website at any time.
Upon the effective date of termination or expiration of the Terms:
The termination or expiry of the Terms shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.
The Website is not directed to children. Access to and use of the Website is only for those who are at least at the age of 18 years or otherwise capable of entering into and performing legal Terms. If You are younger than this, You may not use the Website.
You warrant and represent that You are at least at the age of 18 years or otherwise capable of entering into and performing legal agreements.
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Jurisdiction and Choice of Law. Any claim relating to, and the use of the Terms and the materials contained herein is governed by the laws of the State of Georgia. You consent to the exclusive jurisdiction of the courts located in Georgia, USA.
Counterparts. A printed version of the Terms will be admissible in judicial and administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.
Survival. Clauses 2 (Our Property), 3 (Trademarks/No Endorsement), 4 (Advertising Rights), 8 (No Warranties), 9 (No Liability), 10 (Compensation for Breach), 11 (Release), and 14 (Consequences of Termination or Expiration) shall survive any termination or expiration of the Terms.
All the Website design, graphics, text selections, arrangements, and all software are Copyright © 2022 of ITECH SLU or its licensors. ALL RIGHTS RESERVED.
If You have any questions or comments, please contact Us through ITECH SLU firstname.lastname@example.org.