Legal Notice

SPLMNS GmbH

Address:

Leopoldstr. 31

80802 Munich

Germany

Contact:

Tel: +49 151 644 09 526

Email: hello@splmns.com

Legal

VAT ID Nr.: DE318857115

Company Register: Handelsregister Amtsgericht München - HRB 240995

Managing Director: Jonathan Skudlik

Terms of Service

SPLMNS GmbH (“SPLMNS”, “We”, “Our”) is pleased to provide you with its websites (the “Websites”), applications (the “Apps”), and other digital services, content and software (“Services”) (together, hereinafter referred to as “SPLMNS Digital Platforms”). The following Terms of Service and any documents referred to herein (“Terms”) apply to all SPLMNS Digital Platforms, unless stated differently in relation to a specific SPLMNS Digital Platform.

1. Acceptance of Terms

   1. By accessing, downloading, installing, or using the SPLMNS Digital Platforms, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge to have read and understood.
   2. We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at www.beansnwater.com/legal/terms-of-service on a regular basis to keep Yourself informed of any changes.
   3. By using the SPLMNS Digital Platforms, You agree that the posting of new or revised Terms on or within the SPLMNS Digital Platforms shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the SPLMNS Digital Platforms after any such changes or after explicitly accepting the new Terms upon logging into the SPLMNS Digital Platforms shall constitute Your acceptance of such changes.
   4. The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. Where there is any inconsistency between the Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.

2. Your Registration Obligations

   1. Certain areas of the SPLMNS Digital Platforms require registration (“Restricted Areas”). By registering, You acknowledge and certify that: (i) You are eligible for an account as set forth in these Terms; and (ii) the information You include as part of the registration process is accurate and not misleading. Accounts may only be obtained and used by: (i) individuals who are at least eighteen (18) years old or of legal age in their country of residence, if such age exceeds eighteen (18); (ii) those individuals whose registration has been authorised either by their parents or legal guardian, if they are below the legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the SPLMNS Digital Platforms.
   2. In respect of Your use of these Restricted Areas, You hereby agree to: (i) provide true, accurate, current and complete information about Yourself, as prompted by the registration form (“Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide, or SPLMNS has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or SPLMNS otherwise reasonably considers that You have failed to comply with any provisions of these Terms, SPLMNS has the right to suspend or terminate Your account and refuse You any and/or all current or future use of the SPLMNS Digital Platforms (or any portion thereof).
   3. In order to use any Apps, You must have a Google Play Store account, owned and operated by Google Inc., or an Apple ID on the Apple App Store, owned and operated by Apple Inc. Your use of the Google Play Store is governed by a legal agreement between You and Google Inc., consisting of the Google Terms of Service (which can be found at www.google.com/accounts/TOS), the Google Play Terms of Service (which can be found at www.google.com/mobile/android/market-tos.html), and the Google Play Business and Program Policies (which can be found at https://play.google.com/about/android-developer-policies.html) (together, hereinafter referred to as the “Google Terms”). Your use of the Apple App Store is governed by a legal agreement between You and Apple Inc., consisting of the Apple Website Terms of Use (which can be found at www.apple.com/legal/internet-services/terms/site.html), the ITunes Store Terms and the Apple Media Services Terms and Conditions (which can be found at www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html#SERVICE) (together, hereinafter referred to as the “Apple Terms”).
   4. You may not access or use the App if you do not comply with the Google Terms or Apple Terms. These Terms shall prevail in case of contradiction with the Google Terms or Apple Terms.

3. Member Account, Password and Security

   1. You will receive a password and a personal account upon completing a registration process (as described in sections 2.1 and 2.2). You are fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under Your password and account.
   2. You hereby agree to: (i) immediately notify SPLMNS of any unauthorized use of Your password or account and any other related breach of security; and (ii) ensure that You sign out of Your account at the end of each session. SPLMNS cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
   3. SPLMNS may, in its sole discretion, including if you breach these Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the SPLMNS Digital Platforms, in whole or in part; and/or (ii) deactivate or delete any of Your accounts and all related information and files as well as Your User Submissions (as defined below). Please also note that, in such an event, your access to Content (as defined below) might also be terminated.

4. Supervising Children

   SPLMNS is concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, parents/guardians who wish to allow their children access to the SPLMNS Digital Platforms must review and accept these Terms and assist such children with the setting up of any relevant accounts, as well as supervise their access to the SPLMNS Digital Platforms. By allowing Your child access to the SPLMNS Digital Platforms, You agree to be bound by these Terms, and acknowledge that he or she will be able to access all of the SPLMNS Digital Platforms, which may now or in the future include public and private communication tools, as well as other features that may not be appropriate for use by unsupervised children. Please remember that the SPLMNS Digital Platforms are designed to appeal to a broad audience. Accordingly, as legal guardian, it is Your responsibility to determine whether any of the SPLMNS Digital Platforms and/or Content (as defined below) are appropriate for Your child. You remain responsible and liable for all acts of Your child.

5. Intellectual Property and Content

   (i) Intellectual Property of SPLMNS

   1. Subject to Sections 5.4 (User Submissions) and 5.9 (Third Party Content), SPLMNS and its licensors own the copyright and all intellectual property rights in and to the SPLMNS Digital Platforms, and to all information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the SPLMNS Digital Platforms (“SPLMNS feeds”), the application programming interface (“SPLMNS API”), and any other material on the SPLMNS Digital Platforms (together the “Content”).
   2. The SPLMNS Digital Platforms include Content: (i) provided by SPLMNS (“SPLMNS Content”); (ii) that is uploaded, posted, submitted or otherwise transmitted by Users of the SPLMNS Digital Platforms (“User Submissions”); and (iii) that is uploaded, posted, submitted or otherwise transmitted by third parties, including in the form of links or feeds from or to other websites or resources (“Third-Party Content”).
   3. Content may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than for accessing and using it on the SPLMNS Digital Platforms save as permitted pursuant to Section 6.2 below . For that sole and exclusive purpose, SPLMNS grants You a limited, revocable, non-exclusive license to access the SPLMNS Digital Platforms and use the Content strictly for the purpose of using the SPLMNS Digital Platforms privately for non-commercial purposes, in accordance with these Terms. SPLMNS and/or its licensors reserve all rights on the SPLMNS Digital Platforms and the Content.

   (ii) User Submissions

   4. You retain all rights in any User Submission that You provide on the SPLMNS Digital Platforms. You shall be solely responsible for Your own User Submissions and the consequences of uploading them.
   5. The SPLMNS Digital Platforms provide, in some cases, unfiltered access to User Submissions. You hereby acknowledge and agree that SPLMNS only acts as a platform for such User Submissions and that We are not liable for such content posted on the SPLMNS Digital Platforms, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. SPLMNS cannot, nor does it undertake any obligation, to control User Submissions. By their very nature, User Submissions on the SPLMNS Digital Platforms are changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively mislabeled. SPLMNS does not make any representation or warranty, express or implied, as to User Submissions.
   6. You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy, including for any use by SPLMNS pursuant to the license granted under Section 5.7; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libelous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You, in particular, represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual in any User Submission to use their name or likeness.
   7. You grant SPLMNS an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the SPLMNS Digital Platforms or SPLMNS’ (and its successor’s) business for any purpose, including promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and/or all media formats and through any and/or all media channels. You also hereby grant each User of the SPLMNS Digital Platforms a non-exclusive license to access and use Your User Submissions through the SPLMNS Digital Platforms.
   8. You hereby acknowledge and agree that SPLMNS has no obligation to post any User Submission from You or anyone else. In addition, SPLMNS may, at its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the SPLMNS Digital Platforms without notice if, in its opinion, such User Submission infringes another individual’s intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, SPLMNS reserves the right to determine the final design, layout and functionality of the SPLMNS Digital Platforms, which may involve the review, formatting and editing of User Submissions.

   (iii) Third-Party Content

   9. Your business dealings with, or participation in promotions of, any third party advertisers and merchants found on or through the SPLMNS Digital Platforms, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertisers or merchants. You hereby agree that: (i) SPLMNS shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the SPLMNS Digital Platforms; and that (ii) any orders placed by You on, and any product specifications and product availability appearing on, the SPLMNS Digital Platforms (including, and without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
   10. SPLMNS has no control over Third Party Content, including APIs, links or feeds from or to other websites or resources. You hereby acknowledge and agree that SPLMNS is not responsible for the availability of external sites or resources, does not endorse, and is not responsible or liable for, any Third-Party Content available on such sites or resources. You further acknowledge and agree that SPLMNS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any Third-Party Content, goods, services or any other material available on or through any APIs, links or feeds from or to other websites or resources.

6. Linking and Use

   1. In the event that You wish to establish a link to any of the SPLMNS Digital Platforms, You expressly agree: (i) not to include any of the SPLMNS Digital Platforms in the frame of another website; (ii) not to create any third-party association with any of the SPLMNS Digital Platforms; (iii) to properly attribute any of the SPLMNS Digital Platforms referred to in Your link to SPLMNS; and (iv) to ensure that the link does not state or imply that SPLMNS approves of, sponsors, is associated with or endorses any other website activity, company, resource or entity, or present SPLMNS and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage SPLMNS’ reputation or take advantage of it.
   2. Furthermore, You are not permitted to use any SPLMNS and/or Third-Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights holder.
   3. SPLMNS reserves the right to require You at any time to remove any link to the SPLMNS Digital Platforms.
   4. If You wish to use or display any SPLMNS Content on Your website:
      (a) SPLMNS grants You a non-transferable, royalty free, non-exclusive license to display such SPLMNS Content on Your website solely for non-commercial purposes, subject to these Terms;
      (b) You expressly agree: (i) to ensure that Your use of the SPLMNS Content does not state or imply that SPLMNS approves of, sponsors, is associated with or endorses any other website activity, company or entity, resource, content, or present SPLMNS and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage SPLMNS’ reputation or take advantage of it; and (ii) to properly attribute the SPLMNS Content used to SPLMNS to avoid any misappropriation or confusion; and (c) where possible, You must create a functional link back to the SPLMNS story or other material summarized by the relevant SPLMNS feed.
   5. You acknowledge that unless You have obtained prior written consent from SPLMNS, You are not permitted to use any area of the SPLMNS Digital Platforms (either directly within the SPLMNS Digital Platforms or by linking to other sites) for any commercial purposes, such as by selling or offering services, merchandise or other services.
   6. You acknowledge that You may not use any robots, spiders or other automated programs or manual processes in connection with Your use of the SPLMNS Digital Platforms in order to manipulate or circumvent their intended functionality, particularly in relation to the availability, purchase, sale and resale of tickets and/or ticket-related products.

7. SPLMNS Marks

   SPLMNS, the Playmaker.GG logo, the beans:n:water marks and any product and service names are trademarks and copyright material of SPLMNS (the “SPLMNS Marks”). Aside from the right granted to You under section 5.3 and 6.4.4 to use the SPLMNS Content (which may include some of the SPLMNS Marks), You agree not to display or use the SPLMNS Marks, the SPLMNS Content or any other intellectual property owned or controlled by SPLMNS in any other manner without SPLMNS’ prior written consent.

8. Copyright Infringements

   SPLMNS respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the SPLMNS Digital Platforms, please provide SPLMNS with the following information: name, last name, email address, type and extent of infringement (date, time, etc.) via email at hello@splmns.com.

9. Modifications and Interruptions

   1. SPLMNS reserves the right at any time to modify or discontinue, temporarily or permanently, the SPLMNS Digital Platforms, the Services, and the Content (or any part thereof) with or without notice. You hereby agree that SPLMNS shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the SPLMNS Digital Platforms, Services and/or Content. Although SPLMNS will take reasonable care in ensuring that the SPLMNS Digital Platforms, Services, and Content are up to date, they may be out of date at any given time, and SPLMNS is under no obligation to update them.

10. Data Protection Policy

    By accessing or using the SPLMNS Digital Platforms, or submitting Your personal information to the SPLMNS Digital Platforms, You agree to SPLMNS’ use of such data in accordance with the SPLMNS Data Protection Policy set out at www.beansnwater/legal/privacy-policy (“Data Protection Policy”).

11. Disclaimers

    1. IF YOU ACCESS AND USE OUR SPLMNS DIGITAL PLATFORMS, YOU DO SO AT YOUR SOLE RISK. THE SPLMNS DIGITAL PLATFORMS, SERVICES, AND CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSION OR THIRD-PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPLMNS EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN CONNECTION THEREWITH, INCLUDING, AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
    2. SPLMNS MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SPLMNS DIGITAL PLATFORMS, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SPLMNS DIGITAL PLATFORMS, SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPLMNS DIGITAL PLATFORMS, SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED BY OR AVAILABLE TO YOU THROUGH THE SPLMNS DIGITAL PLATFORMS, SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
    3. DOWNLOADING OR OBTAINING ANY MATERIAL THROUGH THE USE OF THE SPLMNS DIGITAL PLATFORMS, SERVICES OR CONTENT SHALL BE DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL.
    4. COMMENTARY AND OTHER MATERIALS POSTED BY SPLMNS ON THE SPLMNS DIGITAL PLATFORMS, SERVICES, AND CONTENT ARE NOT INTENDED TO BE CONSIDERED TO BE RELIABLE ADVICE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPLMNS, OR THROUGH OR FROM THE SPLMNS DIGITAL PLATFORMS, SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS, AND SPLMNS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE SPLMNS DIGITAL PLATFORMS OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR CONTENT.

12. Indemnification

    You hereby agree to indemnify and hold SPLMNS and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, and without limitation, reasonable legal fees, that may arise in connection with: (i) Your use of and access to the SPLMNS Digital Platforms, Services or Content, including, and without limitation, any User Submission or Third-Party Content, as well as Your connection to the SPLMNS Digital Platforms, Services or SPLMNS Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the SPLMNS Digital Platforms, Services or Content by You infringes any intellectual property, other proprietary or privacy rights of such third party or has otherwise caused damage to a third party.

13. Limitation of Liability

    1. You expressly acknowledge and agree that SPLMNS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SPLMNS has been advised of the possibility of such damages) regardless of the form of action, whether in contract, tort, strict liability or otherwise, including, without limitation, in relation to: (i) the use of or the inability to use the SPLMNS Digital Platforms, Services or Content; (ii) the cost of the procurement of substitute goods and services incurred through any goods, data, information or services being purchased or obtained, messages received or transactions entered into through or from the SPLMNS Digital Platforms; (iii) unauthorized access to, or alteration of, Your transmissions of data; (iv) statements or the conduct of any third party on the SPLMNS Digital Platforms, Services or Content; (v) the impact of the SPLMNS Digital Platforms, Services or SPLMNS Content and any of the SPLMNS Digital Platforms, Services or Content linked to them and any materials posted on them; or (vi) any other matter relating to the SPLMNS Digital Platforms, Services or Content.
    2. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the SPLMNS Digital Platforms, Services or SPLMNS Content, must be filed within one (1) year of such claim or cause of action.

14. Exclusions and Limitations

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations under sections 12 and 13 may not apply to You, although they shall apply to the maximum extent permitted by law.

    Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud by SPLMNS or any other liability (e.g. for intent or gross negligence), which cannot be excluded or limited under applicable law.

15. General Information

    1. In the event that the provisions of these Terms conflict with the provisions of third-party terms of service on the SPLMNS Digital Platforms, the provisions of these Terms shall prevail.
    2. Any failure by SPLMNS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
    3. If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
    4. You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. SPLMNS may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.
    5. The Terms and the relationship between You and SPLMNS shall be governed by the substantive laws of Germany. All disputes in connection with these Terms are to be resolved by the Court of Commerce (Handelsgericht) in Munich.
    6. These Terms have been drafted in English and may have been translated into other languages. In the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.

16. Violations

    Please report any violations of the Terms to SPLMNS via email to hello@splmns.com.