Welcome, and thank you for your interest in bet4talent, (“bet4talent,” “we,” or “us”) and our website at www.bet4talent.com
(the “Site”). By accessing or using the Site, you agree to these Terms of Use (the “Terms”) which are a legally binding contract between you and bet4talent regarding your use of the Site. If you do not wish to accept the Terms, do not
access or use the Site.
1. Purpose
The site provides certain information about us and about the products and services we sell, and provides you with opportunities to contact us.
2. Subscriptions
If you are an bet4talent subscriber, then (I) your access and use of bet4talent services, including services that may be accessible to subscribers through the Site, is governed by the provisions of the subscription agreement and subscription order form entered into between you and bet4talent (“Subscription Agreement”), and (ii) in the event of any conflict between these Terms and the Subscription Agreement, the Subscription Agreement will prevail.
3. Ownership; Proprietary Rights
The Site is owned and operated by bet4talent. The visual interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the Site (“Materials”) provided by bet4talent are protected by intellectual property and other laws. All Materials associated with the Site are the property of bet4talent or our third-party licensors. You are authorized to view the Materials on the Site, in accordance with these Terms; but you may not make any other use of the Materials without the prior express written permission of bet4talent. For example, you may not copy or distribute the Materials, or prepare derivative works based on the Materials, without our written consent in advance.
4. Privacy Policy
Please read the bet4talent Privacy Policy for information relating to our collection, use, storage and disclosure of information we collect about you. The bet4talent Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
5. bet4talent Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Bet4talent reserves all rights not expressly granted herein in the Service and the bet4talent Content (as defined below). Bet4talent may terminate this license at any time for any reason or no reason.
5.1 bet4talent Accounts
Your bet4talent account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, and provide
different forms or elements of the Service on a User by User basis. If you open a bet4talent account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. It is possible to connect bet4talent to some third-party services. No such connections ever take place by default, and they must be initiated explicitly by you. If you choose to connect bet4talent with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service as well as information from that service for the
purpose of delivering the bet4talent service to you. If you choose to upload a CSV file or contact list to us in a way that will cause information to be shared, you will be warned that such sharing will occur before you are allowed to proceed and will be required to make an additional confirmation of your intention after taking action. Further, you may choose to have information you shared removed at any time that you have an active account. Bet4talent uses Web Site Navigational Information about and from bet4talent Users to operate and improve bet4talent’s Service. Web Site Navigational Information includes information from your web browser or application utilized for the Service, your Internet Protocol ("IP") address, the IP address of web sites and pages you visit, web page headers and other information available on the web pages you visit, and the actions you take on websites. Bet4talent may also use Web Site Navigational Information alone or in combination with data about and from bet4talent Users to provide personalized information from bet4talent.
Your account — whether or not you elect to use any paid aspects of the Service — is for your own individual use only and may not be shared with others or transferred to anyone without our prior written permission. Moreover, you may not use another User’s account without our prior written permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify bet4talent immediately of any breach of security or unauthorized use of your account. Bet4talent will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your bet4talent account. By providing bet4talent your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not
want to receive such email messages, you may opt out or change your preferences in your bet4talent account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
6. Prohibited
Conduct. YOU AGREE NOT TO:
6.1 use the Site for any illegal purpose or in violation of any local, state, national, or international law;
6.2 interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;
6.3 interfere with the operation of the Site or any visitor’s enjoyment of the Site, including by interfering with, intruding into, disrupting, or making repeated accesses or requests that cause performance degradation to any network, equipment, server, or software system used to host or otherwise implement the Site;
6.4 use any means of automated data collection (“scraping”) or indexing (“crawling”), including by use of data mining tools, scripts, repeated data requests, automated systems (“robots”), or any other method to collect, copy, or aggregate information hosted on the Site; or
6.5 attempt to do any of the acts described in this Section 5, or assist, encourage, request, or permit any person to engage in any of the acts described in this Section 5.
7. Linked Websites
The Site may contain links to third-party websites such as social media websites. Third-party websites are not under our control, and we are not responsible for their content.
8. Modification of the Site.
We reserve the right to modify or discontinue the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or termination of your access to or use of the Site.
9. Modification of these Terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes.
10. Feedback
If you choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Site (“ Feedback”), then you hereby grant bet4talent an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
11. No Warranty
THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BET4TALENT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. BET4TALENT DOES NOT WARRANT THAT THE ACCESS TO SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE
CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING THE COMPUTER SYSTEM OR MOBILE DEVICE YOU USE TO ACCESS THE SITE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Limitation of Liability
IN NO EVENT WILL BET4TALENT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF BET4TALENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
THE AGGREGATE LIABILITY OF BET4TALENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, AND AGENTS TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF (OR ANY INABILITY TO USE) THE SITE, OR OTHERWISE ARISING UNDER THESE TERMS, SHALL UNDER NO CIRCUMSTANCES EXCEED €50 EUR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS
IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Governing
Law and Choice of Forum. These Terms are governed by the laws of the Country of Spain without regard to conflict of law principles. Any dispute arising in connection with the Site or these Terms will be litigated exclusively in the state and federal courts located in Barcelona, Spain, and both you and bet4tlanet hereby submit to the personal jurisdiction of such courts, and waive any objection regarding venue or inconvenient forum in such courts.
14. General
The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will
remain in full force and effect. Upon termination of these Terms for any reason, Sections 3, 4, and 10 through 14 will survive.
15. Consent
to Electronic Communications. You consent to receive certain electronic communications from us as further described in our Privacy Policy.
16. Contact
Information. The Site is controlled by bet4talent, located at C/Loreto 10 Bajos 3, Barcelona, 08029, Spain. You may contact us by sending correspondence to that address or by emailing us at info@bet4talent.com.
