Welcome to onlinechampion.com! We hope you’re here to stay. In our community, you can enjoy the best online competitions. You’ll have access to the administration, management and promotion of all types of matches in up to five different modes: duels, scoring matches, survival, leagues and championships. We hope you enjoy being part of our community, participating in our online gaming challenges, contests and tournaments (jointly referred to as “Competitions”) and the use of other applications, tools and services that we may offer from time to time (together with the competitions, the “Services”).
By registering for an account with us (your “Account”), CLICKING ON “I AGREE” BELOW, DOWNLOADING ANY EU SOFTWARE APPLICATION (as defined in Section 2.2, “Software”), or signing up for or participating in any competition, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF SERVICE and ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE (“Rules”) (these Terms and Conditions of Service, the terms of any policy incorporated in this document, and the rules are jointly referred to as the “Conditions”) in their entirety; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) are authorized and are in a position to agree to these terms. If you do not wish to be bound by the terms, please do not click on “I Agree” and do not register with onlinechampion (“onlinechampion”, “we”). Refusing to accept these Conditions means that you will not be able to participate in Competitions or use your onlinechampion account.
1.1. Arbitration. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF ANY NATURE (“CLAIM”) ARISING FROM OR IN RELATION TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 14 BELOW. PLEASE READ SECTION 14 CAREFULLY. To the maximum extent permitted by applicable law, you are giving up your right to litigate (or participate as a member of a party or class) all disputes in court before a judge or jury.
1.3.1. United States and Latin America. To be eligible to register an account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your account registration; (b) have the power to enter into a contract with Onlinechampion.com; (c) be physically located in America. By accessing your account and participating in Competitions; (d) you must be physically located within a state of the United States or Latin America in which participation in the selected contest is not restricted by the laws of that state; and (e) comply with these Conditions at all times. If any of these requirements is not met at any time, we may suspend or close your account with or without notice.
1.3.2. Outside the U.S. To be eligible to register an account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your account registration; (b) have the power to enter into a contract with Onlinechampion.com; (c) be physically located in a jurisdiction where participation in the selected contest is permitted and unrestricted by that state or the country’s laws; and (d) comply with these Conditions at all times. If any of the requirements is not met at any time, we may suspend or close your account with or without notice.
1.4. Registration. When creating an account, you will be asked for a legitimate email address that you control and allows you to create a password. After registration, you will be given the opportunity to create a username or accept a username provided by the Services. The password and username are required to participate in the Services. As a registered user, you can update your account settings, including your email address, by accessing the “profile” section. Also, if you forget your password or username, you can visit the website or email us for help. Please keep your username and password a secret because you are responsible for all activity that takes place through your account. Although we may offer a feature that allows you to “save” or “remember” your password, this feature makes it possible for third parties to access your account, so please exercise caution because such use is at your own risk. We may, in our sole discretion, reject, change, suspend and/or cancel your username.
1.5. Your Account. You, as the account holder, are solely responsible for compliance with these Conditions, and only you are entitled to all the benefits that correspond to you. You cannot allow another person (i) to access your account; (ii) to access the Services or Software through your account; or (iii) accept or use prizes, winnings or other representatives of value (including, without limitation, digital trophies, virtual currency or virtual goods) (jointly referred to as “Winnings”). Neither your account nor your Winnings or digital assets (defined in Section 10.3) are transferable to any other person or account. You must notify us immediately of any unauthorized use of your password or identification or any other violation or threat of violation of our security or the security of your account.
1.6. Location of Personal Data. As part of this service, we collect location information from your device. If you wish to opt out of having this information collected, you can disable location access for any onlinechampion game through the Settings menu on your mobile device.
2.1. Our Services. We may, with or without prior notice: (1) modify, suspend or terminate your access to the Website, Services and/or Software; and (2) interrupt the operation of the portal, Services and/or Software that is necessary to carry out maintenance, bug fixes or other work. We may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or is violating these Conditions, at any time and without notice. In addition, and without limiting our other rights or remedies, if you violate these Conditions, we may determine that your Winnings, if any, will be forfeited or recovered by us.
2.2. Software. If you wish to participate in Competitions or receive Services, you may be asked to first download certain software owned by onlinechampion and/or mobile applications (together with the contents included therein, all associated documentation and application programming interfaces, license keys and patches, updates, new versions, improvements, corrections and revised version of any of the above, referred to as the “Software”). If you do not download the Software, you will not be able to participate in Competitions or receive the relevant Services. Sometimes the Software is downloaded directly from us, and sometimes you will be directed to download the Software on the platform of a third party, such as a game developer, but in any case the use of the Software is subject to these Conditions.
2.4. Beta Versions. For any service that is identified by us as a “beta version” (“Beta Service”), you acknowledge and accept that the Beta Services may contain more or fewer features than the final version of the service. We reserve the right, in our sole discretion, to not release a final version of a Beta Service or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for use in production and may contain errors affecting its proper operation and functioning.
2.5. Third-Party Sites. You may be able to access third party websites or services through the computer programs, Services or Website. We are not responsible for third party websites, services or content available through those third party services. You are solely responsible for your relationships with third parties (including advertisers and game developers). The use of third party software, websites or services may be subject to third party terms and conditions.
3.1. United States/Country Bans. You acknowledge that various rules, regulations and laws that cover raffles, contests and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that the gaming laws are established by each state of the United States, Country, Territory or Jurisdiction. Therefore, we do not offer cash contests (as defined in Section 8.3) for users who participate in Competitions in any state in which such Competitions violate its gaming laws (“Prohibited Jurisdiction”), and if you find yourself in any Prohibited Jurisdiction, then you should not participate in cash contests. In the United States, Prohibited Jurisdictions, as of the date of “Update” above, are: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota and Tennessee. It is your responsibility to determine if the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access the Services, and we can block access from any Prohibited Jurisdiction. Every time you connect to participate in a cash contest, you must confirm the exact location where you are playing from.
You represent and warrant that (1) you have the right, authority and ability to accept these Conditions, to register with an account, and to participate in the contests for which you register, and to acquire the digital and/or physical product offered on the onlinechampion.com platform; (2) you will comply with these Conditions when you participate in Competitions, receive Services and/or use the Software; and (3) all the information you provide us with is complete, accurate and up-to-date (and knowing that the submission of incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in the immediate termination of your account and forfeiture of your Winnings).
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, and/or losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of these Conditions; (ii) any use of your account by any person including yourself; (iii) your violation of the Applicable Laws; and/or (v) your negligence or misconduct; and, if we instruct you in writing, you will, at your own cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
6.4. Warning. Please be careful when sending us sensitive information because third parties may unlawfully intercept or access private transmissions or communications between you and us, and you acknowledge that internet transmissions are never completely private or secure.
6.6. Gameplay Dialogue. We may use third-party websites and technologies to record or transmit gameplay or the dialogue that occurs through the Services, including your own dialogue (“Recordings”) in chats. We use Recordings to verify compliance with these Conditions and as part of the marketing and promotion of the services. Please do not submit personally identifiable information in the game. You may record and distribute your own system’s dialogue recordings for non-commercial purposes (i.e. no recordings can be recorded or distributed for compensation), provided the recording and distribution: (a) do not include other products or services that are competitive with our products and services, and (b) comply with these Conditions.
6.7. Children. The services with OnlineChampion.com coins (currency with real exchange rate) will not knowingly accept personal information from any person under 18 years of age. If you believe that a child under the age of 18 has had access to the Services with OnlineChampion.com coins, please contact us at [email protected]. We have taken the commercially reasonable steps to restrict the use of the Services with onlinechampion.com coins to persons of legal age. We do not sell products or services to be purchased by minors.
7.1. Rules of Conduct. You are personally responsible for the use of the Services and Software, and during the use of the Services and Software you must conduct yourself in a legal and respectful manner in accordance with our Rules of Conduct detailed below. We may temporarily or permanently ban users who violate these rules, or who abuse email communications, supporting communications, or the community purpose of the message board areas, as determined by us in our sole discretion. We reserve the right to override a player’s ability to upload profile photos or edit their username at any time.
- Profanity, obscenity, or the use of asterisks ** ** or other “masking” characters to disguise these words is not permitted.
- You may not use or upload obscene, lewd, defamatory, pornographic, abusive, violent, offensive, indecent, threatening and harassing material of any kind, as determined by us in our sole discretion.
- The names of the service’s users are displayed as ‘Your Name’; impersonating other players is not allowed.
- Do not share personal information (your name, phone number, home address and password) with other users.
- Do not transmit or upload any copyrighted material, trademark or messages or publications.
- Information disclosed in chat rooms, forums, system dialogue or through eMessages is disclosed to the public, and we are not responsible for the information you choose to disclose to others.
- Advanced fonts, java, tables, HTML or other programming codes or commands are not allowed in messages.
- You may not attempt to participate in the services through automatic, macro and programmed methods or the like.
- You may not commit fraud with respect to any service.
- You may not attempt to impersonate another use or cheat for the purpose of unlawfully obtaining credit card information, passwords, account information, etc., also known as “scam”).
You may not make any commercial use of any information provided on the Website through the Services or make use of the Website or the Services for the benefit of a business.
7.2. Content. You acknowledge that the service is a passive conduit for user content and that it does not pre-screen user content or communications. We do not control, verify or pay for any user content or communications. We do not endorse, and specifically disclaim all responsibility for any content posted. Furthermore, we can suspend access to any public forum at any time, without prior notice, for any reason, and/or delete, move or edit the content presented publicly, in whole or in part. You can only upload, send and receive messages and material that relates to the subject of public forums, that complies with the laws and conforms to the additional terms of service that we post on public forums. You may not upload, distribute or publish any content, information or other material that (a) violates or infringes the copyright, patents, trademarks, service marks, trade secrets or other proprietary rights of any person; (b) is defamatory, threatening, obscene, indecent, pornographic, or could give rise to civil or criminal liability under U.S. or international law; or (c) includes any errors, viruses, worms, trap doors, Trojan horses or other harmful code or properties. The submissions or opinions expressed by users are those of the individual who expresses said submission or opinion and are not always representative of our opinions. Notwithstanding the foregoing, we may edit, refuse to post or delete any information or material you submit to us, at our discretion. You may not use a false email address, pretend to be someone other than you or us, or mislead third parties as to the origin of your submissions or content in any other way. We can remove or modify any of your submissions or content for any reason.
7.3. By accessing or participating in the Services or using the Software, you represent and warrant us that you do not engage in any activity that interrupts or tries to interrupt and/or modify the operation of the services or software. Any person who engages in, participates in or exhibits behavior that may be interpreted, in our discretion, as unfair methods in their participation in the Services or use of the Software, including but not limited to, opening and/or using multiple accounts, and the use of unauthorized or altered software or hardware to assist them in the game (e.g., bots, botnets and collusion with bots), intentionally playing badly in certain games to gain a competitive advantage, collusion with other players, deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting of offensive material, breach of these Conditions, violation of the security of their account, or any other act (whether through the use of automated technology or not) that unfairly alters their probability of winning or constitutes the commission of fraud (jointly referred to as “abuse”), will be subject to immediate sanction (as determined by us in our sole discretion), which may include but is not limited to: (1) the immediate termination of your account and the blocking of your access to the Website and Services; (2) any Winnings that you may have otherwise been entitled to receive will be voided and forfeited; and (3) any earnings received by you will be subject to the disgorgement of illicit winnings and/or recovery. In addition to the above, we reserve the right to disclose or report any illegal activity, such as money laundering or the like, to law enforcement and regulatory authorities. Without limiting our other remedies, we may institute or pursue any proceeding of precautionary, civil and/or criminal measures against you and/or any of your co-conspirators who arise or are related to your commission of abuse, including but not limited to, the recovery of all our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
7.4. Hacking, Manipulation or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other user’s account, that interferes with the procedures or the provision of the Services, Software or the Website, or deliberately damages or undermines the Service or Software, is subject to civil and/or criminal prosecution and will lead to the immediate termination of your account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss or prejudice arising from the hacking, manipulation or other unauthorized access or use of the Services or your account.
7.5. Restrictions. Any use, reproduction or redistribution of the Service, Software or related products or services (including but not limited to digital assets, as defined in Section 10.3) that is not expressly authorized by these Conditions is expressly prohibited. You may not engage in, or assist others to engage in conduct that may harm or endanger our property, including, but not limited to: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means by which others may use services such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on the network infrastructure of our providers, or that could damage, disable, overburden or impair our Websites or Services; (d) interfering with any other party’s use and enjoyment of the Services and/or Software or Website (including cheating); and/or (e) attempting to gain unauthorized access to third party accounts, the Service or Software.
8.1. Fees. Fees and compensation for services you have paid us for (“Fees”) and our billing procedures are detailed in our billing application. If there are fees charged to your account, you agree to pay those fees. All fees are in euros, they must be paid in advance and are non-refundable. You are fully responsible for all charges, deposits and withdrawals made to and from your account, including any unauthorized charges, deposits or withdrawals. We can change the price of services at any time, but no price change will affect your previous purchases.
8.2. Billing. We can change the fees and billing procedures by updating our billing application. By providing us with a payment method, you (i) declare that you are authorized to use the payment method you have provided and that any information about the payment that you provide is true and accurate; (ii) you authorize us to charge for services using the payment method; and (iii) you authorize us to charge for any payment function for the services you choose to receive. We will (a) bill you in advance; (b) at the time of purchase; or (c) shortly after purchase, at our discretion. If we make an error on your invoice, you must tell us within 120 days after the first appearance of the error on your invoice. The charge will then be promptly investigated. If you do not inform us within that time, we will not be responsible for losses due to the error and we will not be obliged to correct the error or provide a refund. If a billing error is identified, we will correct that error within 90 days. You must pay all reasonable expenses we incur to collect any past due amounts, including, but not limited to, reasonable attorneys’ fees and other legal fees and costs.
8.5. Withdrawals. If you are a cash player, you can request a withdrawal of funds from your available account balance at any time. Digital Assets (as defined in Section 10.3) cannot be withdrawn. The requested funds are processed by check or by refund to the payment method used to make your deposit and may take up to ninety (90) days; provided, however, that we may freeze your account and/or delay a withdrawal of funds request pending completion of any investigation of reported or suspected abuse, verification of eligibility, or to comply with Applicable Laws. We may impose a check request processing fee of up to €2.00 for any withdrawal of less than €10.00.
8.6. Closing Accounts; Forfeiture of Funds. If you close your account, we will return the funds in your account, subject to the terms of Section 8.5. If you unilaterally decide to close or cancel your account for cause as allowed in these Conditions, the funds in your account may be confiscated and not returned. If your funds are forfeited by you in accordance with this Section or Sections 2.1, 4, 7.3, 7.4, 8.6 or 8.9, we may use these funds to defray the costs of administration and enforcement of these Conditions, allocate or disburse such amounts to other services, or donate these funds.
8.7. Refund/Cancelation Policy. Unless otherwise required by law, no refund and/or cancelation will be given.
8.8. Winnings. If you are eligible to receive Winnings, we may require that you provide us with proof that you are, or were at the time of your participation in the subject competition, eligible to participate in accordance with these Conditions and that your participation was in accordance with these Conditions. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the corresponding Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.
8.9. Credit Card/PayPal Use. When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You will be transferred to a virtual payment platform (POS) provided by our bank. If you encounter any problem with the payment, you should contact the bank to verify the correct state of your credit card as well as your data. We are not liable for any loss caused by the unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
8.10. Taxes. If you are a United States resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your winnings total $600 or more in a calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Notwithstanding the foregoing, we may retain the balance of your existing account and/or future Winnings of any amount to be withheld by Applicable Laws, including amounts due in connection with your failure to complete the applicable tax documentation, but you are solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at mail.
You as a registered user on www.onlinechampion.com and we as Onlinechampion.com – Futuretech Distribution S.L (B-65261349) with address at C/Joaquim Molins 5-7, 6th Floor, 08028. Barcelona. Spain. (+34 933 196 650):
10.1. Content. Subject to these Conditions, you grant us a perpetual, royalty-free worldwide license, with no restrictions to use, copy, modify, distribute, publish, execute, transmit and display any and all communications, materials, content and information that you submit to us, either directly or through the website, the Services or Software (“content”), and you waive any moral rights you may have in this content. Subject to these Conditions, any communication or material that you submit to us, including data, questions, comments, suggestions or the like, will be treated by us as non-confidential and non-proprietary. Subject to these Conditions, we may use content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share content in a way that infringes on other people’s copyrights, trademarks or intellectual property rights or privacy rights, you are in breach of these Conditions. You represent and warrant to us that for the duration of these Conditions, you have (and will have) all the necessary rights so that the content that you upload or share in the Services and the use of the content, as contemplated in this Section, will not violate any applicable law. If your account is canceled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you.
10.2. Software License. Subject to these Conditions, you are granted a limited, personal, non-sublicensable, non-transferable, non-exclusive and non-assignable license to install and run the Software, in object code form only, on a device owned or controlled by you, with the sole purpose of accessing and using the Services in accordance with these Conditions, and only during the time that your account is open. You acknowledge that you are receiving the licensed rights only. This Software cannot be interconnected between devices. You may not, directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer, or otherwise create or attempt to create permission, allow or assist others to create the source code of the Software, or its structural framework; (ii) create derivative works of the Software; (iii) use the Software, in whole or in part, for any purpose other than as expressly provided herein; or (iv) deactivate or bypass any access control or related to the device, process or established procedure regarding the Software. You acknowledge that you have access to sufficient information so that it is not necessary to reverse engineer the Software to allow other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
10.3. Digital Assets. Some Services and Software may allow the creation of digital objects, such as avatars. Such digital objects, in addition to the digital or virtual objects or goods that we assign to your account, such as “FC”, virtual trophies or virtual goods, are collectively known as “Digital Assets”. You acknowledge that because all Digital Assets are created through the Software and/or Services, we are the sole and exclusive owner of all Digital Assets. For cases where we do not automatically own a digital asset, you irrevocably, expressly and automatically assign to us, in perpetuity, all rights, titles and interests in and to such Digital Assets, including, without limitation, all copyright, patent rights, trade secrets, registered trademarks, moral rights and other industrial and intellectual property rights applicable worldwide. If you are entitled to any digital asset that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you will unconditionally and irrevocably: (i) waive the application of such rights against us; and (ii) you grant us an irrevocable, perpetual, worldwide, exclusive, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform, and otherwise use and exploit those Digital Assets, (b) to use, made, have made, sell, offer for sale, import, and otherwise exploit any product or service based on, embodying, incorporating or derived from the Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Conditions, we grant you a limited license to use the Digital Assets through your own account solely for the purposes and in compliance with your use of the Services.
10.4. Property. All content on the Website, Software, Services, and all onlinechampion.com products and services, and all onlinechampion.com logos, symbols, names and symbols of expansion, game symbols, commercial image or “look and feel”, and all Digital Assets, and all derivate works or modifications of any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are solely and exclusively owned by us. We reserve all rights not expressly granted in this document. Except as expressly established in this document: no right or license is hereby granted, expressly or implicitly, or by estoppel, to intellectual property rights and your use of the Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
These Conditions apply to you and to us from the date on which you accept them as provided above, until termination of your account (whether by deactivation, cancelation, closure, expiration or termination by you or us). You may terminate these Conditions at any time and for any reason. To do so, go to your account on our Website and follow the account closure process. Upon termination of your account, you must immediately discontinue use of the Services and Software and your account and promptly uninstall and remove all copies of the Software. Immediately upon termination of your account, all licenses and rights granted to you under these Conditions will automatically terminate and the right to use Digital Assets will automatically be forfeited. Your obligation to pay accrued fees will survive any termination of these Conditions. Any and all terms and conditions within these Conditions which must, by their nature, survive such termination upon termination of these Terms (including, without limitation Sections 3.3, 4, 5, 6, 8.6, 8.8, 8.9, 8.10, 10.3 and 12 to 15 (inclusive).
We strive to keep the Services running; however, all online services experience occasional outages and disruptions. We are not responsible for any interruption or less you may experience as a result. We regularly make backup copies that are stored in the Services.
ALL SERVICES, PRODUCTS, INFORMATION AND DATA provided or made available to the client (including, without limitations, DIGITAL ASSETS AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENTS, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.
We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of the (1) use, access or attempted use or access of Services, Digital Assets, Software or the Website; (2) download of any information from the Software, Services or Website; and/or (3) violations of these Conditions by other users. We have no responsibility to enforce these conditions for the benefit of any user.
Some states do not allow the disclaimer of implied warranties; as such, the foregoing disclaimer may not apply to you in its entirety.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED EU €30.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
14.1. General. This Section applies to any conflict with the exception of disputes regarding the application or validity of our intellectual property rights. The term “Conflict” means any litigation, action, or other controversy between you and us in relation to these Conditions, the Services or any product, service or information that we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest meaning allowed under the law. In the event of a dispute, you or we must give the other a notice of dispute, which is a written statement that includes the name, address and information of the party initiating the contact, the events which gave rise to the dispute, and the requested compensation. You must send any notice of dispute by email to Onlinechampion.com – Futuretech Distribution S.L (B-65261349). Customer Service, C/ Joaquim Molins 5-7, 6th Floor, Barcelona, 08028, Spain. (+34 933 196 650). We will send any notice of dispute to you by postal mail to your address or to your email address. You and we will attempt to resolve any dispute through informal negotiations within sixty (60) days from the date the notice of dispute is mailed. After sixty (60) days, either you or we can initiate arbitration proceedings.
14.2. Binding Arbitration. If you and we do not resolve any dispute through informal negotiation or small claims court, any other efforts to resolve the dispute will be made exclusively through binding arbitration, as described in this Section. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal pursuant to the Federal Arbitration Law. Any court with jurisdiction over the parties may enforce the arbitration award.
14.3. Class Action Waiver. To the maximum extent permitted by applicable law, any procedure to resolve or litigate any dispute in any forum will be conducted exclusively on an individual basis. Neither you nor we shall seek to have any dispute heard as a class action or in any other proceeding in either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to the parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
14.4. Arbitration Procedure. If you are located within the United States, Canada, the United Kingdom or the European Union, or any of their territories, then any arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and each of us agrees to initiate arbitration proceedings only in San Francisco, California, USA. You can request a telephonic or in-person hearing by following the AAA rules. In a dispute involving US$ 10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. If you are in a country not listed above, the arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) in accordance with the UNCITRAL Rules, and the arbitration will be conducted in English and the English version of these Conditions (and not any translation) shall govern it, and both parties agree to accord this arbitration agreement the broadest scope permissible under applicable law and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same relief to you individually as a court could award. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Conditions apply only to the extent they are not inconsistent with the commercial arbitration rules. The arbitrator may award compensatory damages, but shall not be authorized to award non-economic damages, such as for emotional distress, or pain and suffering, punitive damages, or indirect, incidental or consequential damages. Each party shall bear its own attorneys' fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; provided, however, that the arbitrator may otherwise award you reimbursement of your reasonable attorneys' fees and costs (including, for example, expert witness fees and travel expenses), and/or the reasonable fees and costs of the arbitrator and attorneys. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a Dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal; (ii) obliging the other party to participate in the arbitration proceedings; (iii) requesting any type of conservative or interim measure in connection with the Dispute prior to the constitution of the arbitral tribunal; (iv) requesting the appearance of witnesses and/or experts; and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a dispute were determined by litigation in court including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
14.5. Disputes to be Filed Within One Year. To the extent permitted by applicable law, arbitration of any dispute under these Conditions must be initiated within one year from the date the cause of action accrued. If a dispute is not initiated within one year, it will be permanently barred.
14.6. Equitable Relief. You agree that we would be irreparably damaged if these Conditions are not specifically enforced. Therefore, in addition to any other remedy that we may have at law, and notwithstanding our agreement to arbitrate disputes, we will be entitled, without bond or other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Conditions in any court of competent jurisdiction.
These Terms and Conditions constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Conditions cannot be modified by you, and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Conditions are intended to be severable. If for any reason any provision of these Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Conditions, which shall continue to be in full force and effect. Section titles in these Conditions are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages for injunctive relief, attorneys’ fees and expenses. We may assign these Conditions, in whole or in part, at any time without notice to you. You may not assign these Conditions or transfer any rights to use the Services or Software. You consent to our providing you with notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your account. These Conditions are solely for your and our benefit; and not for the benefit of any other person, except for our successors and assigns.
A printed version of these Conditions and any notice given electronically shall be admissible in judicial or administrative proceedings based on or related to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please send any questions or comments (including all investigations not related to copyright infringement) to: Onlinechampion Customer Service, C/ Joaquim Molins 5-7, 6th Floor, Barcelona, 08028, Spain. Please print these Conditions for your records.
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