Bemaster

Content

Users and Accounts
License
Intellectual Property Rights
Rules of Conduct for Users
Availability of Bemaster, its Games and Addons, and Updates
User Generated Content
Bepoints and the Acquisition of Games and Addons
Play with Other Users
Personal Data Protection and Legal Notice
Links to Third Party Websites
Monitoring
Warranty
Limitation of Liability
Indemnity
Term of the Agreement and Suspension or Termination of the Account
Amendments to the Agreement
Miscellaneous

Preamble

Welcome to Bemaster! This Legal Notice and Terms and Conditions of Use (hereinafter, the “Agreement”) sets forth general terms and conditions of access and/or use of the web platform Bemaster accesible through the domain www.bemaster.es (“Bemaster”), through your computer, mobile, tablet or other electronic device. Bemaster is a software designed for the organization and management of multiplayer role-playing games, using a system and features with its own design.

In compliance with article 10 of the Spanish Act 34/2002, of 11 July, of Services of the Information Society and Electronic Commerce (“Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y Comercio Electrónico”), the identification details of the owner of Bemaster (the “Owner”) are the following:

Company name: César Martínez de la Casa
NIF: 77348699K
Address: Avenida de Andalucía 90, 8D - 23006 - Jaén - Jaén - Spain
Email: help@bemaster.es

This Agreement represents a legal and binding contract between you ("You", “your” or "User") and the Owner.

Please read carefully this Agreement, as well as the Bemaster Cookie Policy available at www.bemaster.es/en/cookies (the "Cookie Policy") before accessing or using Bemaster. THE ACCESS AND/OR USE OF THE BEMASTER PLATFORM IMPLIES THE FULL KNOWLEDGE AND ACCEPTANCE OF THIS AGREEMENT, AS WELL AS THE COOKIE POLICY. If You do not agree with the terms and conditions of the Agreement, please do not access and/or use Bemaster.

1. Users and Accounts

To access and/or use Bemaster You declare to be 14 years old or older, in accordance with the Spanish Royal Decree 1720/2007, of 21 December, which approves the Development Regulation of the Spanish Organic Act 15/1999, of 13 December, of Personal Data Protection (“Real Decreto 1720/2007, de 21 de diciembre, por el que se aprueba el Reglamento de Desarrollo de la Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal”).

If You are between 14 and 18 years old (the "Minor") You can access and/or use Bemaster provided that your father, mother or legal guardian reviews this Agreement, agrees to it and authorizes the Minor to access and/or use Bemaster. Both the Minor and the father, mother or legal guardian declare to be fully aware of and accept this Agreement and the Cookie Policy. In addition, the father, mother or legal guardian accepts to be responsible for the Minor's use of Bemaster and for the Minor's compliance with the Agreement.
To use Bemaster the User must register and create a user account ("Account"). Only individuals who meet the requirements described in Section 1.1 above and to whom the Owner has not expressly prohibited the access and/or use of Bemaster may create an Account in Bemaster. Thus, entities or companies cannot create an Account in Bemaster.
To create an Account it will be necessary to provide the following personal information: the User's first and last name and a valid email address. The information provided must be true, complete and updated. You will be responsible for keeping such information up to date on Bemaster.

In addition, You can also create an Account using one of your social networks (for example, Facebook) or another platform with which You have allowed Bemaster to interact. In this case, You agree to comply with the terms and conditions of such social network or platform, as well as with this Agreement.

Once You enter the abovementioned personal information, You will need to select a unique username and password for your Account (the "Credentials"). Please ensure that You do not use your real name as a username. Future logins in Bemaster will be made using the Credentials. You may change your Credentials at any time in Bemaster.

The Owner reserves the right to change the username at any time, without prior notice and at his discretion. For example, if he finds it offensive, defamatory or vulgar, or if he believes that it may falsely induce to an association with the Owner or Bemaster. Furthermore, if the infringement is repeated (i.e. if the User repeats or insists on the use of a username with these characteristics) the Owner reserves the right to terminate the User's Account.
The Owner may contact You at any time to request additional information and/or documentation to verify your identity and/or age. Among others, the Owner may ask You for a copy of your ID card or equivalent legal document, or a copy of the ID card or equivalent legal document of the father, mother or legal guardian in cases where the User is a Minor. If this information and/or documentation is not provided within the required time, the Owner reserves the right to suspend or terminate your Account.

The information and/or documentation requested and provided by the User will be used solely and exclusively by the Owner (or people authorized by the Owner) to perform the abovementioned identification and verification tasks (in no case will it be stored or processed for any other purpose) and will be processed in accordance with the terms of this Agreement.
Your Account is strictly personal. As a user, You are obliged to keep the Credentials confidential and, therefore, to take all necessary measures to keep them secret. Thus, You agree not to disclose, share, or allow third parties to use your Credentials or your Account; unless otherwise expressly authorized in writing by the Owner.

Therefore, if contrary to the previous paragraph, You do not take the necessary measures to keep your Credentials secret or You share them and/or your Account with any third party (whether intentionally or unintentionally), You accept full responsibility for the use that such third party makes of your Credentials and/or your Account, including any purchases of Bepoints, Games and/or Addons that may occur. The Owner shall not be liable for any loss or damage suffered by You as a result of a third party accessing your Account or using your Credentials.

You must immediately notify the Owner via help@bemaster.es of any unauthorized access and/or use of your Account or Credentials or any other breach of security, so that the Owner can take the appropriate actions.
You are responsible for your equipment or devices, the use of the web browsers recommended by the Owner, any third party software updates (including, but not limited to, web browser updates), Internet connection charges and any other charges required to access and use Bemaster.

2. License

The Owner grants You a personal, limited, non-transferable, non-sublicensable, revocable and non-exclusive license to access and use the Bemaster platform, the Games and Addons in accordance with the terms and conditions of this Agreement (the "License"). Thus, the Bemaster platform, the Games and the Addons are licensed to You and are not subject to sale. The License does not grant You the ownership of Bemaster, nor of the Games and Addons.
"Game(s)" makes reference to the set of:
1. The configuration or setting of the game within Bemaster, which is comprised of, among others, the number of game sequences, levels, number and types of characters, number and types of items, number and types of skills or features, and their corresponding icons (the "Game Setting"); together with
2. The material of the game, which is comprised of, among others, the script, story, names and characteristics of the characters, scenes, board, custom items and other documentation, drawings and/or images (the "Game Material").
The Games can be:
1. Created by the User within Bemaster: in this case, the Owner grants the User the right to use Bemaster for the purpose of creating or modifying a Game Setting within Bemaster. The Game Material must be created and provided by the User. Thus, the Owner grants the User a License only on Bemaster and the Game Setting
  
  Therefore, and for clarification purposes, in the Games created by the User, the Owner does not provide any License on the Game Material since it is the User's own content. In fact, the Game Material uploaded or incorporated into Bemaster will become UGC in accordance with Section 6 hereof. Likewise, the Owner does not provide the User with a default Game Setting. The Game Setting must be selected manually by the User within Bemaster.
2. Acquired by the User in the Bemaster "Store" in exchange of Bepoints: in this case, the Owner makes available to the User in the Bemaster "Store" (in exchange of Bepoints) a Game that includes both a default Game Setting (not being necessary for the User to select it manually) and the Game Material (not being necessary for the User to create and provide it). Therefore, in this case, the Owner grants the User a License on the Game as a whole (including the Game Material).
"Addon(s)" makes reference to additional setting of the Games that the User can purchase in the Bemaster "Store" and that complement the Games. More concretely, Addons may be additional character types, additional items, or additional mechanics or functionalities. Some Addons may be used in all Games, while other Addons may only be used in a single Game to be selected by the User when purchasing the Addon.
The License on Bemaster will enter into force upon your acceptance of the terms and conditions of the Agreement and will remain in effect while your Account is active. On the other side, the License on the Games or Addons will enter into force at the time of their configuration or purchase (depending on whether they are created by the User or purchased on the Bemaster "Store") and will remain in effect while your Account is active, although some elements or features of the Games or Addons may have a fixed term if so indicated by the Owner in Bemaster.

In the event that your Account is terminated in accordance with the terms and conditions of Section 15 hereof, You will automatically lose the License on Bemaster, the Games and Addons.
You shall use Bemaster, its Games and Addons only for personal entertainment purposes, not for commercial purposes. Therefore, You agree not to make a commercial use of Bemaster, its Games and Addons, unless expressly authorized in writing by the Owner.

3. Intellectual Property Rights

You acknowledge that the Owner is the owner or licensee of all rights, titles or interests in Bemaster and the Bemaster Content. Thus, the Owner reserves all intellectual property rights (including: (i) authors’ rights and (ii) industrial property rights) in Bemaster and the Bemaster Content such as marks, patents, trade secrets or copyrights.

"Bemaster Content" refers to all User Accounts, the computer code (including source code), settings (including any Game Setting), marks (registered and unregistered), designs (registered and unregistered), logos, patents, slogans, trade names, domain names, trade secrets, know-how, images, icons, artwork, animations, videos, characters, character names, titles, scripts, manuals, help texts, dialogues, boards, scenarios, landscapes, cards, virtual currencies, virtual objects, stories, audiovisual effects, recordings and reproductions of the Games, themes, chats, moral rights, documents, texts and information that have been published, generated, provided or made available in or through Bemaster. For the avoidance of doubt, the Bemaster Content includes the Games (except the Game Material created by the User not uploaded to or shared through Bemaster), Addons and Bepoints.

YOU ACKNOWLEDGE AND ACCEPT THAT, EXCEPT FOR THE LICENSE GRANTED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF SECTION 2 HEREOF, YOU DO NOT OWN OR DO NOT HOLD ANY INTEREST, TITLE OR RIGHT ON BEMASTER OR THE BEMASTER CONTENT (EXCEPT FOR YOUR UGC).
You accept that, unless the Owner grants You a license by means of a written agreement, You shall not use the Owner's marks, trade names, logos, slogans, domain names, trade secrets or trade dress. For the avoidance of doubt, the License described in Section 2 hereof does not cover the Owner’s industrial property rights referenced herein.
Unless expressly authorized in writing by the Owner or unless the applicable law indicates expressly otherwise, You agree not to perform any of the following actions or activities, in whole or in part:
1. Sell, rent, sublicense, distribute, assign, grant warranty rights or otherwise transfer the License, Bemaster or the Bemaster Content.
2. Copy, reproduce, translate, modify, adapt or create derivative works of Bemaster or the Bemaster Content, except as provided in Section 6.8 hereof.
3. Perform procedures of reverse engineer, decompile, decrypt, disassemble, separate or otherwise attempt to derive or extract the source code of Bemaster or the Bemaster Content.
Accordingly, any copy, reproduction, modification, exploitation or use of Bemaster and the Bemaster Content that is not in accordance with the terms and conditions of this Agreement (including, but not limited to, the limitations contained in Sections 2, 3 and 4 hereof) is expressly prohibited and may result in the Owner taking the corresponding legal actions.
Should You believe that Bemaster, the Bemaster Content or any UGC (as defined in Section 6 hereof) infringes your intellectual property rights, please contact the Owner as soon as possible at help@bemaster.es.

4. Rules of Conduct for Users

As a user of Bemaster, You agree and undertake to make a proper and lawful use of Bemaster, its Games and Addons, in accordance with (i) the applicable law, (ii) this Agreement, and (iii) the moral and the generally accepted good customs. Thus, if any of the laws applicable to You restrict or prohibit the use of Bemaster, You must comply with it and, if applicable, stop accessing and using Bemaster.
As a user of Bemaster, You agree not to perform any of the following actions or activities, in whole or in part:
1. Harass, stalk, threat, intimidate, defraud or disturb other users or the Owner, or carry out activities not desired by them. Personal attacks or discriminatory or hate speeches (e.g. on the grounds of race, sexual condition or religion) will not be tolerated.
2. Violate the applicable law and breach the terms and conditions of this Agreement, or induce or encourage other users to do so.
3. Remove, disable, modify or hide any notice, label or identification of the Owner’s intellectual property rights (among others, marks, logos or trade names) and other data identifying the Owner’s property rights over Bemaster, the Games or Addons.
4. Impersonate the Owner or an employee or representative of the Owner, or communicate with other users making them belief that the communication comes from the Owner or Bemaster.
5. Access or attempt to access private or restricted (non-public) areas of Bemaster.
6. Use Bemaster to send or publish unsolicited messages or emails in a continuous or massive manner ("spam"), whether or not they are of a commercial nature.
7. Obtain or attempt to obtain Account information, Credentials (including passwords) or any other personal or private data (e.g. name, phone number or email address) of other users or of the Owner through Bemaster.
8. Use Bemaster for fraudulent or abusive purposes, including, but not limited to, impersonating a third person or entity.
9. Introduce, spread or transmit in any way content that contains computer viruses, corrupted data, trojans, worms, keystroke logs, time bombs, or any other computer program or system that may cause damage to Bemaster, its Games, its Addons, the Owner or other users (including, but not limited to, damages to the operation of Bemaster, damages to the device from which Bemaster is accessed, or extraction of information and data).
10. Upload, make available, publish or in any way transmit illegal content, content that violates or infringes third party intellectual property right or content that You do not have the right to provide legally.
11. Upload, make available, publish, communicate or otherwise transmit content that, at the Owner’s discretion, may be offensive, threatening, defamatory, vulgar, discriminatory, violent, obscene, sexually explicit or annoying from an ethnical, racial, sexual or religious point of view.
12. Use any unauthorized software programs or tools, including, but not limited to, mods, hacks, cheats, scripts, bots, trainers, exploits, and other software items that modify, alter, or interfere with Bemaster or its Games or Addons, whatever is the purpose.
13. Make an improper use of the technical service during the game or of the buttons to make complaints, or make false complaints to the Owner.
14. Restrict or prevent other users from accessing, using or enjoying Bemaster or its Games or Addons, or perform any action or activity that significantly disrupts Bemaster’s peaceful, fair and respectful playing environment and affects the experience of other users. By way of example, the use of system errors to gain advantages.
15. Access or use another user's Account, or use multiple or shared Accounts, whatever is the purpose, unless otherwise expressly authorized in writing by the Owner. It is therefore prohibited, among other things, to sell your Account, to charge third parties for using your Account or to transfer your Account in any other way.
16. Use other users’ information publicly available on Bemaster (for example, username) for any purpose not related with Bemaster.
17. Use a payment method to purchase Bepoints that You do not own or without the permission of the authorized owner or in connection with a crime or other illegal activity.
18. Access and/or use Bemaster after the Owner has expressly requested that You stop accessing and/or using Bemaster.
19. Delete or modify any Bemaster Content (including the Games, any element of them, or the Addons) without the express written authorization of the Owner.
20. Interfere with the operation, disable, circumvent or remove any software or security feature installed in Bemaster by the Owner.
21. Publish, communicate or transmit in any way false information, comments or content that harms or undermines the reputation and good name of Bemaster or of the Owner.
22. Upload, publish, post, communicate or otherwise transmit personal identification information or personal data of the Owner or of other users, such as name, phone number, email address or financial information.
23. Create, use, distribute or transmit counterfeit Bemaster software or content, including counterfeit Games, Addons or Bepoints.
24. Use Bemaster or its Games or Addons for a competition or for an event promoted or sponsored by an entity (whether a commercial or non-profit entity) without the express written authorization of the Owner. To obtain an authorization, contact the Owner at help@bemaster.es.
25. Induce, promote or encourage other users to perform or participate in any way in the activities or actions described in this Section 4.2 of the Agreement.
In the event that the User performs any of the actions described in the prior Section 4.2 or any other action or activity that (even if not listed in Section 4.2 hereof), at the Owner’s discretion, contravenes the law, the moral, the spirit of fair play of Bemaster or is offensive or harmful, the Owner reserves the right to take the disciplinary measures and actions that he deems appropriate.

These actions may include, but are not limited to, suspension or termination of your Account (as set forth in Section 15 hereof), prohibition of future access and/or use of Bemaster, or even the corresponding legal actions in a court of competent jurisdiction.
If You find or suspect that other users are performing any of the actions or activities listed in this Section 4 of the Agreement, please contact the Owner as soon as possible at help@bemaster.es.

5. Availability of Bemaster, its Games and Addons, and Updates

The operation of Bemaster is supported by servers from service providers, connected by public and private communications infrastructures. We do not warrant that Bemaster, its Games and Addons will be available or error-free at all times. In addition, depending on your geographic location, Bemaster, its Games or Addons may not be available for You.
The Owner reserves the right to modify, update, perform any maintenance work, suspend or remove Bemaster or any Game or Addon, in whole or in part, at its discretion, at any time, without prior notice and without assuming any liability against You.

The User is granted a license only on the version of Bemaster and the Games and Addons available at the time, without any warranty of its continuity in the future. Therefore, the User is not entitled to claim that Bemaster, the Games or Addons are not deleted or are retained in the version existing at the time of acceptance of this Agreement or in the version existing at the time of configuration or acquisition of the Games or Addons.

The Owner may require You to accept updates or modifications of Bemaster, and may even require You to update third party software in order to continue accessing and using Bemaster.
If You do not agree with the updates and/or modifications of Bemaster, the Games or Addons, your sole remedy is to cease accessing and using Bemaster.

6. User Generated Content

Bemaster offers You the opportunity to upload and publish content generated by You in the "My Games" section of Bemaster, as well as post or share comments, messages or content in other sections of Bemaster (for example, in "Publications" and "Game Finder").

"User Generated Content" or "UGC" means all communications, comments, images, drawings, sounds, music, recordings, stories, scripts, dialogues, scenarios, texts, documents and other material that the User uploads, incorporates, publishes or transmits through Bemaster, either through "My Games" (including, but not limited, as Game Material of Games created by the User), or through other sections of Bemaster (for example, "Publications" or "Game Finder"). For clarification purposes, the UGC includes, but is not limited to, the User Script and the User Extras (as defined in Section 6.7 hereof).
By uploading, publishing or transmitting the UGC, You grant the Owner an irrevocable, perpetual (or for the maximum time allowed by the applicable law), transferable, fully paid (thus, royalty-free), non-exclusive, worldwide and sublicensable license to exploit the UGC and all its elements, in any media, format and manner known or yet to be known, without providing any prior notice to You or any compensation to You.

Therefore, the Owner will have the right to copy, reproduce, insert in a computer memory, repair, adapt, modify, edit, translate, change format, create derivative works, add content to, remove elements from, rearrange and transpose, publish, use for marketing or promotions, distribute, sell, transfer, sublicense, rent, transmit, make available to the public, publicly display, publicly perform, provide access to, retransmit, communicate to the public by telecommunication means, use and employ, in any way, your UGC and all its elements.

Thus, by uploading and publishing you UGC You are giving the Owner the right to (among others) store the UGC, copy it and share it in Bemaster with other users in the form of Games in the Bemaster "Store”, so that other users can access it and use it within Bemaster.

Accordingly, if You wish your information or material to remain confidential and not be used by the Owner or other users as described in Section 6 hereof, please refrain from uploading or publishing it on Bemaster.

For the avoidance of doubt, You will remain the owner of your UGC. The Owner does not claim any ownership rights over your UGC, nor any other rights not allowed by the applicable law. With regards to derivative works created by the Owner from your UGC, the Owner will be the owner of them.
YOU ARE THE ONLY RESPONSIBLE OF THE UGC YOU UPLOAD OR PUBLISH IN BEMASTER. THE OWNER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE UGC, ITS CONTENT OR ANY OF ITS ELEMENTS.

The Owner has the right to review and supervise the UGC uploaded or published in Bemaster, but is not obliged to do so. The Owner reserves the right to modify, refuse to publish or remove any UGC, in whole or in part, and without prior notice, if he considers it (at his discretion) inappropriate or if it violates this Agreement (for example, the provisions of Section 6.4 hereof). The Owner will not be liable towards You for the modification, non-publication or deletion of your UGC.
You state and warrant that your UGC does not infringe any third party rights (including intellectual property rights) and that it is not subject to any obligations of confidentiality or otherwise.

Similarly, You state and warrant that You will not upload or publish any UGC that is illegal, fraudulent, obscene, threatening, invasive of privacy, defamatory, abusive, racist, harmful to others, contains viruses or other malicious software, consists of commercial solicitations, chain emails or "spam", or is otherwise in violation of this Agreement.
You acknowledge and accept that any personal information or personal data within the UGC will be treated by the Owner in accordance with the terms and conditions of this Agreement.
Bemaster includes several sections (such as "Publications" and "Game Finder") where You can publish or share your UGC, without going through a previous supervision of the Owner and to which other users have access. The Owner does not warrant that other users will not use the UGC that You share through these sections. The Ownwe shall not be liable for the use that other users make of the UGC that You publish in any section of Bemaster.
The User can publish UGC through the section "My Games" in exchange of Bepoints, under the following terms and conditions:
1. In "My Games" section You must select one of your Game Settings and upload a script, story or text developed by You or over which You hold the relevant intellectual property rights, in the format indicated in Bemaster (the "User Script").
  
  In addition, together with the User Script, You may upload images, drawings, or other materials that supplement such User Script and Game Setting and that have been developed by You or over which You hold the relevant intellectual property rights ("User Extras"). For clarification purposes, the User Extras cannot be uploaded alone in "My Games", they must always be accompanied by a User Script and a Game Setting.
  
  You may choose to upload and publish only the User Script with the Game Setting (i.e. no User Extras). In this case, the Owner can develop the board, characters, objects, scenarios and other elements that complement the User Script and the Game Setting uploaded by the User.
2. Throughout the process of publishing your UGC in "My Games" (as well as in the FAQs section of Bemaster), You will find information about the Bepoints that You may obtain depending on the characteristics of your User Script, the selected Game Setting and the User Extras. This information is for guidance only and for your information.
  
  Therefore, the Owner does not warrant that You will get such amount of Bepoints for the selected Game Setting, the User Script and the User Extras uploaded in "My Games" section.
  
  The exact amount of Bepoints that You will obtain will be determined at the Owner’s discretion after performing the supervision described in paragraph (iii) of Section 6.7 hereof, in light of the characteristics and quality of the User Script and the User Extras and of the Game Setting selected by the User. By way of example, but not limitation, the Owner will take into consideration the length of the User Script, the novelty and originality of the User Script, the quality of the User Script and content, the number of images uploaded as User Extras and the quality of the User Extras.
3. Once the Game Setting has been selected and the User Script and, if applicable, the User Extras have been uploaded to "My Games", the Owner will supervise them. The Owner is not responsible for, nor does he make any commitment or warranty regarding the duration of such supervision, nor regarding its accuracy or completeness (therefore, there may be elements of the Game Setting, the User Script or the User Extras that have not been supervised by the Owner).
4. Once the Owner completes the supervision of the Game Setting, the User Script and the User Extras, the Owner will send the User: (a) a proposal of Bepoints, or (b) a notification of rejection; through a notice or message in the User's private panel inside Bemaster or via your email address.
  
  In the event of a proposal of Bepoints by the Owner, the following subsections (v) and (vi) will apply.
  
  In the event of a notification of rejection, the Owner agrees not to use, publish, or disseminate the User Script and User Extras uploaded by the User in the "My Games" section.
5. Once the proposal of Bepoints has been sent by the Owner, the User can accept or reject it. In case the proposal of Bepoints is rejected by the User, the Owner agrees not to use, publish, or disseminate the User Script and User Extras uploaded by the User in the "My Games” section.
  
  If the proposal of Bepoints is accepted by the User, the Owner will acquire the rights and license described in Section 6.2 of the Agreement.
6. As indicated in Sections 6.2 and 6.3 hereof, the Owner reserves the right to modify, create derivative works, remove and not publish the User Script and User Extras, regardless of whether the proposal of Bepoints has been accepted by the User.
  
  Therefore, the realization of a proposal of Bepoints by the Owner and its subsequent acceptance by the User, does not warrant the publication of the User Script and User Extras in Bemaster, nor does it warrant their continuity in Bemaster (they can be modified or removed by the Owner at any time).
The Owner grants You the right to create UGC based on or derived from Bemaster, the Games or Addons under the following terms and conditions (the "Derivative Works"):
1. The Owner grants You a personal, non-exclusive, non-sublicensable, non-transferable, revocable and limited license, for the time that your Account is active, to create Derivative Works for non-commercial purposes and only to be used in Bemaster.
  
  The Derivative Works shall not have any commercial purpose and shall not be used, distributed or shared outside of Bemaster (for example, on another platform or game). If You want to use any Derivative Work for commercial purposes or outside Bemaster You must obtain the Owner’s express written authorization. To obtain the Owner's authorization, contact him at help@bemaster.es.
2. The Owner may revoke to You at any time and at his discretion the right to create Derivative Works.
3. The User shall not indicate or imply that the Derivative Works have been created by the Owner, shall not use the Owner's industrial property rights (including, but not limited to, its marks, logos or trade names), and shall not use or distribute the Derivative Works in a way that would lead people to believe that it is the Owner's original work.
4. The User shall not use Bemaster, the Games or Addons to create Derivative Works that may damage the reputation of Bemaster or of the Owner or that contravene the terms and conditions of the Agreement.
In case You consider that your intellectual property rights are being violated in Bemaster by the Owner or by other users, or for any other incident related to your UGC, please contact the Owner as soon as possible at help@bemaster.es.

7. Bepoints and the Acquisition of Games and Addons

Bemaster gives You the opportunity to buy or obtain virtual currency called "bepoint(s)" (the "Bepoints") in the Bemaster "Store". You do not own or possess any title rights on the Bepoints. What You acquire is a personal, limited, non-exclusive, revocable, non- sublicensable and non-transferable license to use the Bepoints within Bemaster.

Bepoints have no monetary value in the "real" world and it is not possible to exchange them for "real" money, "real" items or "real" services. Bepoints cannot be used on platforms or games other than Bemaster.
Bepoints can be obtained in the following ways:
1. You can purchase Bepoints with "real" money through the payment platforms that the Owner makes available in Bemaster. To buy Bepoints with "real" money the User must be at least 18 years old.
  
  The price is paid at the time of purchase (i.e. in advance) and includes all sales taxes and other applicable charges. Once the payment transaction is successfully performed, the Bepoints will be transferred to your Account automatically.
  
  The User, if wanted, can request the Owner through help@bemaster.es an invoice reflecting the purchase of Bepoints. In such case, the Owner will send the corresponding invoice to your email address.
  
  Your bank may apply some additional charges. The Owner has no control over such charges and therefore assumes no responsibility. We recommend that You check with your bank the applicable terms and conditions. Similarly, the payment platforms that the Owner makes available for You in Bemaster (for example, Pay Pal) have their own terms and conditions. We recommend that You review these terms and conditions before making any payment.
2. In exchange for the publication of UGC under the terms and conditions set forth in Section 6.7 of this Agreement.
YOU AGREE THAT ALL PURCHASES OF BEPOINTS (WHETHER PURCHASED WITH "REAL" MONEY OR IN EXCHANGE FOR THE PUBLICATION OF YOUR UGC) ARE FINAL AND NON-REFUNDABLE (NEITHER IN WHOLE NOR IN PART).
You may not sell, exchange or otherwise transfer Bepoints to other users. You can check your number of Bepoints in your Account at any time.
Bepoints can only be used within Bemaster for the purchase of Games and Addons in the Bemaster "Store". The Owner will make available to the User in the Bemaster "Store" a brief summary or description of each Game and Addon, which can be consulted by the User before making the purchase.

The acquisition of a Game or Addon grants You a License to it, as per the terms and conditions described in Section 2 of the Agreement.

The Owner is not responsible for the Games and/or Addons that the User acquires in Bemaster using Bepoints.

YOU AGREE THAT ALL PURCHASES OF GAMES AND/OR ADDONS MADE WITH BEPOINTS ARE FINAL AND NON-REFUNDABLE (NETHER IN WHOLE NOR IN PART).
The Owner will assume that all purchases of Bepoints, Games and/or Addons made through your Account are made by You. Therefore, You will be responsible for all purchases of Bepoints, Games and/or Addons made in the Bemaster "Store" through your Account, including unauthorized purchases.
You agree that You will not receive any refund or compensation of any kind for unused Bepoints, Games and/or Addons.
In the Bemaster "Store" You can consult at all times (i) the price of Bepoints for "real" money, and (ii) the price of Games and Addons for Bepoints. The price may change depending on the quantity of Bepoints, Games and/or Addons purchased, the possibility of using the Addons in one or more Games, your geographical location or specific promotions.

The Owner is entitled to modify at any time, for any reason and without prior notice, the price or availability of Bepoints, Games and/or Addons. Such changes will apply immediately from the moment of their publication in the Bemaster "Store", but will not affect the Bepoints, the Games and Addons acquired before such modification.
The Owner is entitled to modify, update, suspend or remove (in whole or in part) the Bepoints, Games and Addons from your Account. In such case, the Owner will give You prior reasonable notice (either by a notice on the User's private panel within Bemaster, by a publication in Bemaster or by an email) so that You can consume or use them before their modification, update, suspension or removal. Should You not consume them before, You could lose Bepoints, Games or Addons, without being entitled to a refund or a compensation of other kind, and without the Owner having any kind of liability.

You will lose the Bepoints, Games and Addons immediately, without the right to a refund or other compensation and without the Owner having any kind of liability, in the event your Account is terminated in accordance with the terms and conditions of Section 15 hereof.

Likewise, the Owner shall not be liable for the losses (total or partial) of Bepoints, Games or Addons suffered by the User that have been caused by events or activities outside the Owner’s control. For example, but not limited to, for the User’s network connectivity problems, theft, hacking, damages in the User's devices or for third parties using your Account.
In case of errors or incidents with your Bepoints, Games and/or Addons, please contact the Owner as soon as possible at help@bemaster.es.

8. Play with Other Users

Bemaster offers You the possibility of playing with other users who have a Bemaster Account and who You choose ("Friend(s)").
To play with a Friend, he/she must have a Bemaster Account (i.e. You cannot play with people who are not registered in Bemaster). You can search for your Friends only by their usernames in Bemaster. Likewise, You agree that other users may search for You by your username.
By accessing and using Bemaster You agree that your username may be shown to other users for any purpose, in perpetuity and without payment to You.
You are the only responsible for your interactions with other users of Bemaster. The Owner cannot control the users’ comments or interactions. Therefore, You agree to hold the Owner harmless from any liability, damage, loss, suitor claim of any kind arising from your conflicts or interactions with other user(s), or related to them.

9. Personal Data Protection and Legal Notice

By accessing and using Bemaster, the Owner will have access to certain personal data of the users. Any processing of the users’ personal data by the Owner will be done in accordance with this legal Agreement and our Cookie Policy.
The main reason why the Owner collects your personal information is to facilitate and improve the service, which You as a user expect from the Owner. We collect your personal information to manage your Account and the requests You make to us through Bemaster, email or phone.
Below are the main purposes of accessing personal data that we have identified:
1. Compliance with legal obligations.
2. Management of the contracting of products or services (including, but not limited to, Bepoints, Games and Addons) offered by the Owner.
3. Create and manage a personal account with unique registration to be used in the acquisition of the services offered in Bemaster (including, but not limited to, Bepoints, Games and Addons).
4. Channel the requests for information, suggestions and claims from users.
5. Management of Game lists with their respective groups of players.
6. Surveys to improve our services.
7. Market studies and commercial prospecting, reports on consumption habits, statistical data and market trends, with the aim of offering You services that may be of your interest.
8. Carry out profiles and analyses of the behaviour of our users when using Bemaster, but only if You give us your consent.
9. Keep You informed about our latest products, offers, opportunities, etc. The channel we usually use is the email, but only if You give us your consent.

10. Links to Third Party Websites

Bemaster and/or the Bemaster Content may include links or hyperlinks to third party websites. The Owner does not exercise any control over such websites or their content. The Owner shall not be liable for such websites and/or their content, or for any loss or damage that users may suffer as a result of them. The Owner does not make any warranty with regards to such websites and their content (among others, with regards to their availability, quality, reliability, accuracy or truthfulness).
The inclusion of links or hyperlinks to third party websites does not imply an association, merger or participation of any kind of the Owner with such third parties.
Your use of third party websites is at your own risk. We recommend that You read the terms and conditions, as well as the privacy policies, of such websites.

11. Monitoring

The Owner may use technology to actively monitor and/or track your use of Bemaster (although it shall have no obligation to do so), for various reasons, including, but not limited to, verifying your compliance with the terms and conditions of the Agreement. To this end, the Owner may collect and store data and information obtained from your computer or devices. You give your irrevocable consent to such monitoring and/or tracking.

12. Warranty

To the extent permitted by the applicable law, the Owner makes no warranty on the availability, error-free and/or proper operation of Bemaster or the Bemaster Content (as set forth in Section 5 of this Agreement).
To the extent permitted by the applicable law, the Owner makes no warranty on the absence of viruses, malicious software or other harmful components in Bemaster, the Bemaster Content or the server that supplies it, and makes no warranty on their correction or removal. In general terms, the Owner makes no warranty on the security when accessing and/or using of Bemaster and the Bemaster Content.

13. Limitation of Liability

The Owner shall not be liable for (i) the interruptions, errors and malfunctions of Bemaster or the Bemaster Content, (ii) the failure to fulfil or delay in fulfilling the Owner’s obligations, (iii) any loss, damage or injury suffered by the User (including, but not limited to, damages to the User’s equipment and devices or loss of the User’s data); arising from Acts of God, force majeure or causes beyond the Owner’s control. By way of example, but not limited to, the following shall be considered Acts of God, force majeure or causes beyond the Owner’s control:
1. Natural disasters, fires or floods.
2. Unforeseen intrusions into cyberspace, viruses, malicious software, piracy and cyber attacks; provided that the Owner has taken reasonable security measures in accordance with the state of the art.
3. Network malfunction, connectivity failures, lack of access to third party networks or failures of third parties, operators or service providers.
4. Acts of government.
5. Armed conflicts, terrorist acts, riots, embargoes or acts of the civil or military authorities or wars.
6. Accidents, strikes or shortages of transport facilities, fuel, energy, labour or materials.
The Owner shall not be liable for (i) the interruptions, errors and malfunctions of Bemaster or the Bemaster Content; (ii) the failure to fulfill or delay in fulfilling the Owner’s obligations, (iii) any loss, damage or injury suffered by the User (including, but not limited to, damages to the User’s equipment and devices or loss of the User’s data); arising from the User’s negligence or willful misconduct. This includes, but is not limited to, the lack of installation by the User of any update when the Owner makes it available for You, the lack of maintenance of the minimum required system specifications, the non-use of the web browsers recommended by the Owner or the use of Bemaster in a manner contrary to the instructions (contained, among others, in the user manual and help texts) or to this Agreement.
Bemaster and the Bemaster Content are solely for the User's private use (no commercial or professional use is permitted). Therefore, the Owner shall not be liable for any loss of profits, commercial losses, business interruptions, loss of data or business opportunities of the User.
Notwithstanding the abovementioned, the Owner does not exclude or limit its liability towards You where it would be illegal to do so under the applicable law.

Thus, the Owner may be held liable for the damages suffered by the User arising from the Owner's willful misconduct or gross negligence (when the latter cannot be excluded or limited under the applicable law), or for the damages that cannot be limited or excluded under the applicable consumers and users regulation.

In the event of minor negligence by the Owner, the Owner will be liable only in case of breach of a "material" contractual obligation of this Agreement. For this purpose, "material" obligations are those which are necessary for the execution of the Agreement, the breach of which would endanger the object of the Agreement and the fulfilment of which the User may legitimately expect. In such cases, the liability shall be limited to the typical and foreseeable damages. Therefore, the Owner shall not be liable in other cases or for other damages due to minor negligence.

14. Indemnity

To the extent permitted by the applicable law, You agree and undertake to release from any liability, indemnify, defend and hold harmless the Owner for all damages, losses, liabilities, claims, suits and other expenses (including attorneys', witnesses' and experts' fees; and litigation costs), of whatever kind or nature; resulting from your use of Bemaster and the Bemaster Content or arising from your UGC. This includes, but is not limited to, (i) your breach of the terms and conditions of the Agreement, and/or (ii) any claims of infringement of third party rights (including, but not limited to, third party intellectual property rights) arising from your UGC.
The Owner reserves the right, at its own discretion, of assuming the exclusive defense and control of any matter for which You might have to indemnify the Owner. You agree to cooperate with the Owner in preparing the possible defense.

15. Term of the Agreement and Suspension or Termination of the Account

This Agreement will enter into force upon acceptance by You of this Agreement (as per the terms and conditions set forth in the Preamble hereof) and shall remain in force while your Account is active.
Termination by the User: You may terminate your Bemaster Account at any time through your Bemaster profile. To terminate your Bemaster Account the Owner may request a confirmation, for example, to re-enter your Credentials. Once requested the termination of your Account, the Owner will terminate it automatically.
Termination by the Owner: The Owner may terminate or suspend your Account (or take any other action described in this Section 15.3) at any time and for the following reasons:
1. User's breach of this Agreement: without prejudice to any other legal actions, the Owner may limit, suspend, modify or terminate the User's Account immediately and without prior notice, if the User has breached (or the Owner has reasonable reasons to suspect that the User has breached) the terms and conditions of the Agreement, including, but not limited to, the terms of the License (Section 2), Intellectual Property Rights (Section 3), or Rules of Conduct for Users (Section 4).
  
  In addition, without prejudice to any other legal actions, in case of breach (or suspicion of breach) by the User, the Owner may modify, suspend or eliminate immediately and without prior notice the Bepoints, Games or Addons acquired by the User.
2. Termination of Bemaster: The Owner may terminate or suspend Bemaster at any time. In such case, a thirty (30) day prior notice will be sent through the User's private panel in Bemaster or to your email address. Upon termination or suspension of Bemaster, your Account will automatically be terminated or suspended.
3. Inactivity: The Owner reserves the right to terminate or suspend your Account if You do not access or use Bemaster for a period of one hundred and eighty (180) days. In such case, a thirty (30) day prior notice will be sent through the User's private panel in Bemaster or to your email address, so that You can avoid the termination or suspension of your Account.
If You believe that the Owner has made a mistake by terminating or suspending your Account (or taking any other action described in Section 15.3 hereof) please contact the Owner as soon as possible at help@bemaster.es.
Once the Account is terminated or suspended, the User will not have access to Bemaster, including, but not limited, to the Credentials, Games, Addons or your Bepoints. Upon termination or suspension of your Account, your License will automatically be terminated or suspended and You must destroy all copies of the Bemaster Content in your possession (including, but not limited to, any copies of Game Material acquired in the Bemaster "Store").

Unless otherwise provided in the applicable law, upon termination of your Account for any of the reasons described in Section 15 hereof, You will automatically lose your Bepoints, Games and Addons. The User shall not be entitled to receive a refund for them and the Owner shall not be liable against You.
In light of Section 15 hereof, You understand and agree that your access and use of Bemaster carries the risk that your Account, your Games, Addons or Bepoints may be terminated or suspended in accordance with the terms of this Agreement. You shall bear such risk in mind when accessing and using Bemaster.
Sections 3, 4, 5, 6, 9 - 15, 17 and any other Sections which by their nature require it, shall remain in force following the termination of this Agreement.

16. Amendments to the Agreement

The Agreement may be reviewed, updated and/or amended from time to time and at the Owner’s discretion (for example, due to changes in regulations or technical requirements). Should the Agreement be amended, we will inform You by means of a notification on the User's private panel in Bemaster or through your email address.

If You continue to access and/or use Bemaster following thirty (30) days from the notification, it will be deemed that You have accepted the new conditions.

If You do not agree with the new conditions your sole remedy is to terminate your Bemaster Account and refrain from continuing to access and/or use Bemaster.
Notwithstanding Section 16.1 above, there might be amendments immediately applicable or which have an acceptance period of less than thirty (30) days. For example, amendments caused by changes in the functions of Bemaster or by changes in regulations.
In addition, sometimes the Owner may ask the User to accept the amendments or the new terms and conditions. In such case, the said amendments or new conditions will enter into force from the moment of their acceptance by the User.
The Agreement in force will always be the one available at www.bemaster.es/en/legal.

17. Miscellaneous

Governing Law and Jurisdiction: Bemaster, the Bemaster Content and this Agreement are governed by the laws of Spain. To the extent permitted by law, the parties accept the exclusive jurisdiction of the Courts of Jaen (Spain), expressly waiving any other jurisdiction that may apply.

However, the parties, by mutual agreement, may decide to submit to an alternative dispute resolution procedure, for example, arbitration or mediation.
Waiver: Failure by the Owner to exercise any of the rights described in this Agreement or in the Cookie Policy shall not constitute or be interpreted as a waiver (current or future) of such rights. Furthermore, the Owner's express waiver of a provision, condition or requirement of the Agreement or the Cookie Policy at a particular time shall not constitute a waiver of the future obligation to comply with such provision, condition or requirement.
Compliance: You agree to comply with all applicable laws when accessing and using Bemaster and the Bemaster Content, including any possible export related regulation.
Notifications: the User may contact the Owner through help@bemaster.es or by ordinary or certified mail to the following postal address: Avenida de Andalucía 90, 8ºD, C.P. 23006 Jaén, Spain. All communications must be made in writing in English or Spanish and to the places indicated in this Section 17.4. The Owner will not attend to notifications or communications made in languages other than Spanish or English.

All notifications by the Owner to the User will be made in writing by means of a publication in Bemaster, a notification in the User’s private panel in Bemaster or through the User’s email address.
Entire Agreement: This Agreement, together with the Cookie Policy, constitutes the entire agreement between You and the Owner with respect to Bemaster and the Bemaster Content, and supersedes any prior or contemporaneous agreements (whether oral or written) between You and the Owner.
Severability: Should any Section, provision or condition of the Agreement be declared null and void, invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity or enforceability of the remaining provisions of the Agreement. In other words, all Sections, provisions or conditions that are not declared null and void, invalid or unenforceable by a court of competent jurisdiction will remain in full force and effect.

In addition, any Sections, provisions or conditions deemed null and void, invalid or unenforceable shall be interpreted in a manner consistent with applicable law to reflect as closely as possible the intentions underlying in the Agreement.
Assignment of Rights: The Owner is entitled to assign the rights and obligations contained in this Agreement and the Cookie Policy, in whole or in part, to any third party, at any time, without the User's consent.

You shall not assign or otherwise transfer the rights and obligations contained in the Agreement and the Cookie Policy to a third party, without the prior written consent of the Owner. Any unauthorized assignment will be considered null and void.
Language: In case of conflict between the English version and the Spanish version of this Agreement and the Cookie Policy, the Spanish version will prevail.