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These terms and conditions (hereinafter referred to as the “Terms and Conditions”) are intended to regulate access to and acquisition of the products and services of Backspingames(the “Backspingames Services”) provided through the websites www.backspingames.com, indistinctly (hereinafter referred to as the “Website”), which will be made available to the User through a video game eSports platform developed by Backspingames(as defined below) of which Backspingames is the owner (hereinafter referred to as the “Platform”).
Once this document is subscribed, these Terms and Conditions will be binding for the parties and will govern the provision of services requested by the User at all times.
By registering and clicking on “I accept,” the User:
Accepts and declares to have read, understood, and consented to these Terms and Conditions and our Privacy Policy and Cookie Policy, as well as the obligations and rules governing the video games and competitions organized by Backspingames, in order to use the User’s account on the Platform (as defined below) and participate in the video games and competitions.
Backspingames, owned by Egogames 2023 S.L. (hereinafter "Backspingames") is a limited liability company constituted under Spanish law, with CIF B-87823753 and its registered office at Calle José Ortega y Gasset, nº 8, 4º Izquierda (28006) Madrid, and registered in the Madrid Mercantile Registry, Volume 36,036, Folio 130, Sheet M-6477550.
The User must register in accordance with the provisions in Section 3 of these General Conditions. In this regard, when the User participates in real money video games and decides to withdraw their funds, they must complete a form with their specific personal data, being solely responsible for the accuracy and authenticity of such information.
Backspingames makes available to the User these Terms and Conditions to define access to and use of the Platform and the Backspingames Services, as well as to clearly and precisely outline the relationship between Backspingames and the User.
In this regard, Backspingames aims to provide the User with a platform where they can compete in various skill-based video games from their mobile device, allowing them to participate in competitions with the opportunity to win real money prizes through different competition modes.
To participate in video games on the Platform, the User must have previously accepted these Terms and Conditions before starting any video game, having also explicitly accepted the Privacy Policy and the Cookie Policy.
Additionally, the User must, prior to starting participation in any video game, successfully complete the user registration process established on the Platform (understood as the unique registration that allows the user to access the Backspingames Services offered through the Platform), according to the following specifications:
If the username and/or password is lost or forgotten, the User can request a password change through the Platform. Once this option is requested, the User will receive an email at the provided address to proceed with the password change. If the User has not provided an email address according to the details in the previous section, they must contact Backspingames Customer Support to recover their username and/or password.
The username chosen can be modified, free of charge, once. If the username contains offensive language or is offensive, Backspingames will contact the User via the associated email address requesting an immediate modification of the username; if no change is made within 24 hours, the account will be deactivated.
The User is responsible for maintaining the confidentiality of their username and password, as well as all transactions and movements within their User Account.
The User agrees not to share any of their identification elements with third parties and to take all necessary measures to keep them secret. The User is solely responsible for the custody of their password and its personal and non-transferable use, being responsible for its use, whether authorized or not, by third parties, and indemnifying Backspingames from any liability that may arise from any use made in the User's name.
Only one registration per user is allowed. The User cannot have more than one active User Account on the Platform.
The User Account is personal and non-transferable and reflects the economic transactions linked to participation and use of the Backspingames Services offered by the Platform and any other additional service provided by Backspingames.
Backspingames reserves the right to verify the registration data of the account, such as name, address, age, and payment methods used, at any time, requesting copies of certain documents, including an identity card issued by a government agency, proof of address (such as a utility bill), or proof of payment method. We may request that the document copies be certified by a Notary Public. If the User fails to complete a request for document copies, Backspingames may, at its sole discretion, cancel the account and retain any funds in it.
Furthermore, we reserve the right to investigate the account and the information provided during registration at any time, including performing background and credit checks, to ensure compliance with these Terms and our obligations and to ensure that no improper or illegal activity has occurred. By registering an account, participating in any competition or tournament, and accessing or otherwise using the Services, you consent to this. If we determine that your account has been involved in illegal or improper activity, we reserve the right to cancel your account without notice or liability.
Backspingames reserves the right to deactivate all accounts associated with the same user (multiple accounts with the same IP address may be considered as one user, among other considerations that will be taken into account). Transferring funds between multiple accounts using the platform's social function will result in the automatic closure of all associated accounts.
If the User suspects that their User Account may be compromised, they should contact Backspingames to proceed with blocking the account and, if necessary, changing the password. In any case, for security reasons, it is recommended to change the password periodically.
Backspingames reserves the right to prevent the opening of a User Account when the holder is not the User themselves or to suspend the User Account (if it has been opened) and retain any balance that may exist in it.
If there are signs that the User Account is being used by someone other than the registered person or that it is being used fraudulently, Backspingames may cancel the User Account if there is sufficient evidence of fraudulent or illegal use.
Backspingames is not responsible for third-party access to the User Account and will not assume any responsibility for losses, costs, claims, expenses, or damages that the User may suffer as a result of unauthorized use of the User Account by any other person, or due to unauthorized access to the User Account. In this regard, all transactions in which the username and password have been provided correctly, whether or not authorized by the User, will be considered valid.
The User may request the temporary or permanent closure of their User Account. The closure period will be determined by the User, notifying Backspingames Customer Support.
If the User requests the permanent closure of their User Account, it cannot be reopened.
Access to the Platform is prohibited for users under 18 years of age. Therefore, by accepting these Terms and Conditions, the User declares and acknowledges that they are of legal age.
Notwithstanding the provisions in clause 3.1.1 above, Backspingames reserves the right to request documentary proof of identity and age by any means it deems appropriate. In this regard, if Backspingames requests the aforementioned documentation from the User and they fail to provide the required documents within one (1) month, Backspingames will proceed with the cancellation of the user registration and the User Account.
Consequently:
In the case set forth in the previous point, Backspingames reserves the right to suspend the User Account, prohibit participation in the platform's video games, and retain all funds if there are signs of forgery or submission of falsified, stolen, or inappropriate documents.
The use of the Services requires an Internet connection to our servers, and we may need to collect certain information from you and your Internet-enabled device ("Device") to make the Services available to you, such as hardware system profile data, Internet connection data, and any other data related to the operation of the Services from any device that logs into the Services using your account.
We do not guarantee that our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services as they are periodically updated.
Backspingames reserves the right, with or without prior notice, to modify, suspend, or terminate the User's access to the Platform for the following reasons:
In cases where Backspingames suspects the User has engaged in collusive or fraudulent behavior while using the Services offered by Backspingames through the Platform, it may temporarily suspend the User until the issue is clarified.
If Backspingames has sufficient evidence to believe that the User has committed fraud, collusion, allowed third parties to use their User Account, or otherwise breached the Terms and Conditions, Backspingames may notify the User to present their arguments. After reviewing these, Backspingames may unilaterally terminate these Terms and Conditions. In such cases, Backspingames reserves the right to close the User Account and retain all funds deposited therein.
The User may need to download certain software to use the Platform (the "Software"). In such cases, the Software offered will include a license authorizing its use by the User (or a sublicense to the extent the Software is owned by a third party). The terms under which the User may download and use such Software will be provided at the time of download and must be accepted by the User before using the Software.
For any service identified by Backspingames as a "beta" version ("Beta Service"), the User acknowledges and agrees that Beta Services may contain more or fewer features than the final version of the service. Backspingames reserves the right, at its discretion, not to release a final version of a Beta Service or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics.
Beta Services may contain errors that affect their proper functioning.
Games for each video game may be paused for up to one (1) hour, with the game being forcibly and automatically paused if the User exits the application voluntarily or involuntarily (due to, among other reasons, technical failures, loss of coverage, battery depletion, etc.).
In case of loss of Internet connection for any reason (coverage loss, battery depletion, etc.), the game result cannot be sent to the server. In this case, the final game result for the User will be the last score sent to the server before the disconnection.
If the User has not finished the game or has not been able to send the score to the Services and/or Backspingames server, the result will correspond to the last score received by the server (equivalent to zero (0) if the User has not sent any score to the Services and/or Backspingames server). The winner will be the User whose score recorded on the server, as mentioned in this clause, is higher.
If the User, having advanced to the next round (or tied for the first time in the same) in a bracket tournament, does not complete the next game within the stipulated time, they will forfeit the right to any prize or refund in that tournament.
Notwithstanding the provisions of this Clause, Backspingames will not be liable for disconnections or application exits caused by the User, which the User acknowledges and accepts may prevent the game result from being sent to the server, resulting in a score equivalent to zero (0).
If a competition is not completed due to the minimum required entries equivalent to the prize awarded, the tournament may be canceled, with all entry fees refunded to all participants in the competition.
Finally, if the User plays a game and does not find an opponent within 48 hours, i.e., the game remains unmatched, the game will be considered finished. The User will receive a refund of the amount paid to participate in the contest.
In addition to the provisions in Section 9 below, Backspingames states that it may include links to third-party services and websites on the Platform.
The User agrees that they have no control over the content and services of such third parties, which may have their own terms and conditions and are not endorsed by Backspingames. Therefore, Backspingames will not be liable to the User for any losses or damages caused by such third parties.
Any damage or expense incurred by the User in connection with such third parties shall be the User's responsibility.
In this regard, the User declares, acknowledges, and guarantees that they are aware that when providing data to third parties, they do so in accordance with the privacy policy (if applicable) of those third parties, and that the Backspingames Privacy Policy does not apply to such data.
If you have downloaded the Apps from the Apple App Store, Inc. ("Apple") or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and accept the following notice regarding Apple. These Terms are between you and Backspingames only, not with Apple, and Apple is not responsible for the Services or their content. Apple has no obligation to provide maintenance or support services related to the Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services.
Apple is not responsible for addressing any claims from you or third parties related to the Services or your possession or use of the Services, including: (i) product liability claims; (ii) any claims that the Services do not meet any applicable legal or regulatory requirements; and (iii) claims arising from consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claims that the Services or your possession and use of the Applications infringe on that third party's intellectual property rights. You agree to comply with the applicable third-party terms when using the Services.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "state sponsor of terrorism"; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Except as provided herein, there are no other third-party beneficiaries of these Terms.
Backspingames assumes no responsibility for any warranties, express or implied, related to the Platform, which is provided to the User "as is," and is offered without warranty and without any responsibility regarding its quality, suitability for use, completeness, or accuracy.
Although Backspingames will do its best to provide a service of the highest quality, reliability, and security, Backspingames does not guarantee that the Services of Backspingames (Website, Platform, Software, services, video games, etc.) will operate without interruption, on time, or free of errors.
Furthermore, Backspingames does not guarantee that the Platform is free of viruses, failures, or other defects, and will take all reasonable measures to ensure the continuity of Backspingames services.
Access to the Website and/or the Platform may be temporarily limited when necessary for maintenance tasks, updates, or similar activities.
The User acknowledges and agrees that any information sent or received during the use of the Services may not be secure and could be intercepted by unauthorized third parties. Backspingames assumes no responsibility for the accuracy of the information displayed, technical errors in video games, latency, loss of connectivity, or protection against viruses, malware, or other technical defects that may affect the User's equipment.
Furthermore, Backspingames does not guarantee that any competition the User participates in will be completely fair or free from cheating by other users.
Additionally, Backspingames does not ensure that the use of the Services will generate economic benefits or that the User's losses can be recovered. In case of dissatisfaction, the User's only remedy will be to stop using the Services. This limitation of liability also applies to third-party claims regarding the use of the Platform.
The User agrees not to upload, communicate, transmit, or make available content in the available chats or any other place on the Platform that:
Furthermore, the User declares, guarantees, and agrees that:
By way of illustration, and without aiming to be exhaustive, the following are prohibited:
Backspingames will pay special attention to any economic operation or complex, unusual, or purposeless behavior pattern, or one that presents indications of simulation or fraud, and if necessary, will report the indications and/or evidence collected to the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offenses.
Opening an account or participating in games without real money is completely free. However, when participating in video games and competitions offered on the Platform that involve real money in the 1vs1 format, there are costs for which Backspingames will charge a commission on the total amount of the game. All commissions must be paid in advance and are non-refundable. This amount will not be Backspingames' absolute profit, but will be allocated to various tournaments, leagues, and events held on the Platform.
Backspingames is fully committed to the security of Users' funds, keeping them in segregated accounts, which will not be used for operational purposes. This ensures that the Users' funds are always available for withdrawal according to the banking and security procedures established by Backspingames.
Transfers of funds between User Accounts associated with different user registrations, i.e., associated with different individuals, are not allowed.
You are fully responsible for all charges, deposits, and withdrawals made in your account, including unauthorized charges, deposits, or withdrawals.
By providing payment methods to Backspingames, the User:
If Backspingames makes any billing errors, the User must report it within one hundred twenty (120) days from the first occurrence of the error on their bill. If the User does not report it within this period, Backspingames will not be responsible for any losses caused by this error.
The User cannot, under any circumstances, use a payment method owned by a third party.
If you believe you have paid a Fee by mistake, you must notify us within thirty (30) days of the error. We will then promptly investigate the charge. If you do not notify us within that period, we will not be responsible for any resulting loss and will not be obligated to correct the error or provide a refund. If we identify an error in the Fee, we will correct it within ninety (90) days. You will be responsible for all reasonable costs incurred in collecting overdue amounts, including, among others, reasonable attorney fees and other legal fees and costs.
Prize payments will be made at the time the video game ends. The winner is determined based on the score obtained at the end of the game. All players in the same game and match have the same seed, so the player with the highest score will win.
If a prize is awarded to a User and they are eligible to receive it according to these Terms and Conditions, Backspingames may require any documentary evidence or proof of any kind to demonstrate that participation occurred in accordance with the Terms and Conditions if any indications to the contrary are detected.
If the User fails to provide the requested documentation within one (1) month, any prizes that may have been generated during that period will not be paid, and the payment may be canceled and deducted from the User Account if already paid.
In cases where non-cash or in-kind prizes are awarded to the User, their value will include indirect taxes borne by Backspingames upon acquisition.
League prizes will be awarded in real money that is withdrawable.
You may be awarded bonus money. Bonus money can be used to participate in real money games but cannot be withdrawn or used for any other service. When participating in a real money game, 10% of the entry fee will be used as bonus money. Additional bonus money will be used to participate in real money games if bonus money is the only currency available in your account.
When you win a real money game, the portion of bonus money used to pay the entry fee will be refunded, and any winnings exceeding the entry fee will be paid in real money. If you initiate a withdrawal from your account, you will lose all bonus money in your account at that time. If you do not participate in a real money game for a continuous period of 30 days, you will lose all bonus money in your account.
When the User requests a withdrawal of funds or requests an in-kind prize (from the in-kind prizes listed in the Platform's gift section), Backspingames will require the User to complete a form with information and documentation related to their identity and place of residence, as well as the necessary information to proceed with the transfer of funds (Full name, Phone number, Address, Postal code, Nationality, Province, City, and a copy of their National Identity Document).
In addition to the above, Backspingames reserves the right to request additional information, such as a verification call, to verify the correct destination of the withdrawn amounts at any other time or during future withdrawal requests of funds or in-kind prizes, as well as to request information from anyone other than the User. This documentation and information will allow Backspingames to verify that the data provided during registration matches the data in the documentation.
Unless there is non-compliance and/or cancellation, Backspingames will not proceed with the transfer of the requested funds or the accreditation of the requested in-kind prize until the requested documentation and information have been verified or if such information is not provided or is incorrect.
The User may request a full or partial withdrawal of funds from their User Account after making a minimum deposit of 30 € and playing at least 40 real money games, requesting Backspingames to transfer those funds or credit the prize. Withdrawal requests for amounts lower than 20 euros cannot be made. Withdrawals may take up to ninety (90) days to process.
Amounts greater than the User Account balance cannot be withdrawn.
Additionally, your personal account (whether a bank account, credit card, PayPal, or other) may incur additional fees and commissions for receiving funds from your Backspingames account. We are not responsible for paying those fees and commissions, even if such fees or commissions exceed the amount withdrawn itself.
If Backspingames detects any act of bad faith or cheating in a game by the User, it has the option to block that account and its funds.
Digital goods (as defined in Section 7) and bonus funds (as defined in Section 6.5) cannot be withdrawn.
The User is responsible for immediately notifying Backspingames, through Customer Support, of any funds that have been transferred to their User Account by mistake. In such a case, the User agrees not to use these funds under any circumstances, with Backspingames reserving the right to block the User Account until the situation is rectified, withdraw those funds, and cancel any transaction made with them.
Backspingames will pay on behalf of the winning User the amount corresponding to the withholding or prepayment of the Personal Income Tax (I.R.P.F.) or, where applicable, the Non-Residents Income Tax (I.R.N.R.) that is in force at the time of payment. These amounts will be deducted from the prize the User is to receive.
Backspingames may conduct promotional campaigns offering bonuses or other promotional offers. The terms of these campaigns will be clear and accessible from the User Account. Each specific promotional campaign must be expressly accepted by the User. If the terms specify an amount to accumulate, such as points, the User can check the points they have accumulated or the points they need to fulfill the conditions. Bonuses will be granted to be played, and in no case can they be cashed. These bonuses may be converted into real money by entering a real money game and winning it. Bonuses will be valid for a period of thirty (30) days.
Additionally, if a User makes use contrary to the Terms and Conditions or engages in fraudulent activity with a promotional offer, Backspingames may deny, withhold, or withdraw any bonus or promotion from that User, or cancel any policy in this regard, either temporarily or permanently, and terminate the User's access to the services and/or block the User Account and, if applicable, cancel it.
Each User may only release one specific bonus, and the same bonus may not be assigned to the same person more than once.
Backspingames may terminate these Terms and Conditions and close the User Account and registration (username and password) immediately and without prior notice when any of the following situations occur:
Unless otherwise stipulated in the Terms and Conditions, upon termination of the Terms and Conditions, any balance in the User Account will be refunded, in accordance with these Terms and Conditions, particularly Section 6.4.2, within ninety (90) business days from the termination or from the time the User's identity and other data are verified, along with Backspingames' right to withhold any amounts owed by the User for the reasons outlined in these Terms and Conditions.
If the User account remains inactive for a period of 30 days, Backspingames reserves the right to cancel any balance classified as Bonus Cash, which is considered non-withdrawable bonus money on the platform.
If the User Account is inactive for at least six (6) months, Backspingames reserves the right to cancel any balance classified as real money.
By using a credit card to make deposits or withdrawals of funds in a User Account, the User guarantees they are the cardholder or are authorized to use the credit card.
The User agrees to immediately notify Backspingames of any changes to the credit card account number, expiration date, or if the credit card expires or is canceled for any reason.
Backspingames assumes no responsibility for any loss caused by unauthorized use of the credit card or other payment methods by a third party in relation to the Platform's services. This clause implies that in the case of a chargeback for an unauthorized transaction, the responsibility would lie with the user, not the platform.
As stated in Section 6.3, you agree to notify us of any issues or discrepancies related to deposits within a maximum period of thirty (30) calendar days from the date the transaction was recorded in your account. If we do not receive notification within this period, you expressly waive any right to dispute or claim regarding such transactions.
All deposits made on the platform are final and are not subject to cancellation, refund, or return, unless otherwise required by applicable law. Deposited funds must be used exclusively to participate in the games and services offered.
You are solely responsible for ensuring the validity of the payment methods used and agree to reimburse us for any cancellations, chargebacks, claims, fees, fines, penalties, and any other liabilities we may incur (including legal and administrative costs) arising from payments you have authorized or accepted.
Any attempt at fraud using credit cards or other payment methods, regardless of the result, will result in the immediate cancellation of the User Account and the loss of any winnings, in accordance with these Terms and Conditions.
The Software of the Platform and its contents are protected in accordance with national and international intellectual and industrial property regulations (software, illustrations, music, trademarks, etc.), which are the property of Backspingames or third parties who have consented to its use.
Any infringement of these rights, including reproduction, distribution, public communication, transformation, or any other unauthorized use of elements protected by intellectual and industrial property, will be pursued by Backspingames, as appropriate, before the civil or criminal jurisdiction.
As long as the User complies with these Terms and Conditions, Backspingames grants the User a non-exclusive, non-transferable, personal, revocable, and limited license to access and use the Platform (but not the related objects or source code), provided that such use is for the purposes set forth in these Terms and Conditions. In this regard, the User agrees not to use the Platform or any of its elements for any other purpose.
By submitting content through the Platform, the User guarantees that:
The Platform may allow the creation of digital objects, such as avatars. Such digital objects, in addition to digital or virtual objects or assets assigned to your account, such as virtual trophies "Trophies" or other virtual goods, are collectively known as "digital goods." In this regard, the User irrevocably assigns, and in the event of any legal impediment, grants Backspingames a license to all rights of exploitation over the digital goods, including, without limitation, all copyright, patent rights, trade secrets, trademarks, and other intellectual and industrial property rights applicable worldwide.
Additionally, Backspingames reserves the rights related to the audiovisual and broadcasting exploitation of the competitions, events, and/or leagues organized, both in person and through the Platform.
In addition to the provisions of Section 9 below, the User agrees to indemnify, defend, and hold harmless Backspingames, as well as its group companies, shareholders, directors, and employees, from any claims, demands, obligations, damages, losses, costs, and expenses, including attorney's fees and any other charges, regardless of their origin, that may arise as a result of:
Except in those cases provided in these Terms and Conditions, to the fullest extent permitted by law, under no circumstances will Backspingames or any of its group companies or licensors (including any third-party providers) be liable for any special, incidental, direct, indirect, or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of business information, or any other economic loss) arising from the use (or misuse) of the Platform, even if Backspingames had prior knowledge of the possibility of such damages.
Backspingames reserves the right to interrupt access to the Website and/or the Platform, as well as the provision of any or all of its Backspingames Services at any time and without prior notice, whether for technical, security, control, maintenance reasons, power supply failures, or for any other justified cause, without the User being entitled to claim a refund from Backspingames for the amounts of video game entries they previously made correctly.
In the event of interruption of Backspingames Services due to system malfunctions, Backspingames will refund the User in their User Account only the amount of their entry in the video games whose development is affected by such interruption, subject to the User providing proof of the registration amount if this information is not available or accessible to Backspingames for technical or other reasons.
Backspingames is not responsible for any damage or harm to the User's Software or hardware arising from access to the Website and/or the Platform or the use of Backspingames Services or the Platform, unless such damages were caused by issues directly attributable to Backspingames.
Backspingames does not guarantee the suitability, reliability, availability, timeliness, or accuracy of the information or Backspingames Services contained on the Website or the Platform, nor will it be responsible for direct or indirect damages related to the use of Backspingames Services from its Website or Platform, and no liability will be assumed for any discontinuity or unavailability of its Backspingames Services.
Backspingames will also not be responsible in the event of service interruptions, delays, errors, malfunctions, and, in general, other inconveniences originating from causes beyond Backspingames' control and/or due to malicious or negligent actions of the Users and/or originating from force majeure or causes outside of Backspingames' control.
Backspingames does not guarantee that the content of its Website or Platform is suitable or available outside of Spain. In this regard, and in accordance with the provisions of this Clause, in the event that all or part of the Website's content is considered illegal in countries or territories other than Spain, access and/or use of the Website by the User is prohibited, with Backspingames reserving the right to prevent the User from accessing the Services through any of the modes listed in Clause 3.1.1 above where real money is involved. If such access and/or use of the Website and/or Platform occurs, it will be solely at the User's own risk, and they are obliged to comply with the applicable national legislation.
The services provided by Backspingames through its website or platform are not directed at countries where such services are prohibited, additional requirements are imposed, or their advertising is restricted. In this regard, access and/or use by foreign users of the platform and/or services offered by Backspingames may be limited if the government of the corresponding country imposes restrictions on foreign gaming that prevent or hinder foreign participants from accessing the services.
In relation to the above, the offer of services provided by Backspingames through its Website or Platform may be limited in case of access and/or use by users located in territories such as (by way of example but not limited to): Afghanistan, Belarus, Bulgaria, Democratic Republic of the Congo, Ivory Coast, China, Cuba, Egypt, France, French Guiana, French Polynesia, French Southern Territories, Greece, Indonesia, Iran, Iraq, Italy, Japan, Lithuania, Macedonia, Malaysia, Myanmar, Nigeria, North Korea, Pakistan, Romania, Russia, Sudan, Syrian Arab Republic, Turkey, Ukraine, Vietnam, Zimbabwe.
The use of the services offered by Backspingames, the information and content that appear on the Website and/or Platform, and/or access to other third-party websites through links or hyperlinks that may appear on the Website and/or Platform will be done solely under the responsibility of those who perform such actions, and Backspingames will not be liable in any case for damages arising from such uses or activities, nor for those arising from the lack of truthfulness, accuracy, completeness, and/or timeliness of the content transmitted, disseminated, stored, made available, or received, obtained, or accessed through the Website or Platform, nor for content provided or offered by third parties or entities.
Backspingames will endeavor, as far as possible, to update and correct any information on the Website and/or Platform that does not meet the minimum guarantees of truthfulness. However, Backspingames will be exempt from all responsibility arising from its non-updating or correction, as well as from the content and information provided on it.
Backspingames is not responsible for security errors that may occur from using outdated versions of browsers, or for the consequences that may arise from the malfunctioning of the browser, whether due to improper configuration, the presence of computer viruses, or any other cause beyond Backspingames' control.
In the event of errors in the communication system, bugs, or viruses related to the installation of the account or other elements of Backspingames Services that result in the loss of information for the User or any other damage to their equipment or Software, Backspingames will not be responsible in any way and reserves the right to cancel all affected services and take any action to correct such errors. In this regard, Backspingames is not obligated to provide any replacement for the network and/or systems or similar services.
Backspingames will not be liable for any action or omission of its Internet provider, or third parties, to whom the User has contracted access services to the server hosting the Website or Platform.
Backspingames will not be liable, in any case, for special, punitive, economic, or consequential damages that may arise, directly or indirectly, from the use of the Services, even if such damages were foreseeable or if Backspingames had been warned of their possibility. Additionally, Backspingames will not assume any liability for actions related to internal investigations, police investigations, or third-party copyright claims that may arise during or after the use of the Platform.
In case of dissatisfaction with the Services provided, the User's only remedy will be to stop using the Platform and the Services, expressly waiving any right related to unknown or unforeseen claims.
The General Terms are published for consultation at any time at the following link: www.Backspingames.com
Backspingames reserves the right to modify, update, and change the Terms and Conditions, as well as the Privacy Policy, Cookie Policy, and the rules applicable to each of the video games offered on the Platform. In such cases, Backspingames will inform the user of these modifications or changes by publishing a new version of these Terms and Conditions on the Website and/or Platform.
We do not guarantee that the Services will be available at all times or at any given time, nor that we will continue offering the Services for a specific period of time. We may change and update the Services without prior notice. We do not offer warranties or representations regarding the availability of the Services and reserve the right to modify or discontinue the Services at our sole discretion without prior notice, which may include, for example, suspending a competition or other Services for technical reasons (such as technical difficulties experienced by us or on the Internet) or to allow us to improve the user experience. NOTWITHSTANDING ANY CONTRARY PROVISION, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT PRIOR NOTICE. YOU ASSUME ALL RISKS OF LOSS ASSOCIATED WITH THE TERMINATION OF THE SERVICES.
Notwithstanding the above, and in accordance with applicable regulations, explicit consent will be requested from the User by notification upon accessing their User Account to accept the new version of the Terms and Conditions, and the User must explicitly accept the new version of the Terms and Conditions. If the User does not accept, they will no longer be able to participate in Backspingames Services and must immediately request the blocking of their account. In such case, and provided that no breach of the Terms and Conditions has occurred on the part of the User, any available balances in their User Account at the time of closure or blocking will be refunded.
Backspingames may cancel, suspend, or permanently or temporarily deny access to the Services without prior notice and without any liability if these Terms are violated. In the event of cancellation for any reason, your right to use the Services will cease immediately, and you will remain subject to these Terms.
The resolution of incidents, complaints, and claims related to Backspingames Services will be carried out in accordance with the provisions set out in the Help section included in the Platform and/or on the Website.
The User may file any claim at any time. To do so, they can send an email to support@Backspingames.com.
The User may present their claim within three (3) months from the date the circumstance giving rise to the claim occurred. The claim will be addressed by Backspingames within a maximum of one (1) month after receipt of the claim. The User must indicate their Username and a brief description of the events subject to the claim and their requests in their correspondence.
Backspingames will not tolerate any threatening, harmful, abusive, or violent behavior by the User towards any of its employees. If the User behaves in such a manner (the determination of which will be at our sole discretion), Backspingames reserves the right to suspend and/or close their User Account and/or take appropriate action.
Read this section carefully, as it affects your legal rights, including your ability to file legal claims.
The User agrees that any claim, dispute, or controversy arising between them and BackspinGames, related to these Terms or the use of the Services, will be resolved in accordance with the laws of Spain, specifically those applicable to skill-based games regulated by Law 13/2011, of May 27, on the Regulation of Gambling, and other complementary regulations.
Before initiating any formal procedure, both the User and BackspinGames agree to attempt to resolve any dispute through an informal negotiation process within 60 days from the notification of the dispute. This notification must include detailed information about the conflict, the legal basis of the claim, and any compensation sought. During this period, applicable prescription periods will be suspended to facilitate an amicable resolution.
If no agreement is reached, all disputes will be resolved through binding arbitration, conducted by an arbitrator appointed in accordance with applicable regulations in Spain. The arbitration will be governed by the provisions of the Spanish Arbitration Law and will take place at a mutually agreed location or, if not, in the User's city of residence within Spanish territory. Arbitration cannot consolidate claims from multiple users or allow class actions.
Both parties explicitly waive the right to file class, representative, or similar claims. Claims must be individual and not consolidated, unless BackspinGames expressly consents in writing. The arbitrator may award individual compensation, but will not have the authority to extend their rulings to individuals or groups not involved in the case.
The User and BackspinGames agree that any claim that cannot be resolved through arbitration will be submitted to the competent courts and tribunals in Spain, waiving the right to a jury trial if such a mechanism is provided. Additionally, the User will have the right to resolve small claims in local courts if the dispute meets the legal requirements for such claims.
Finally, the User has a period of 30 days from the acceptance of these Terms to voluntarily opt-out of this arbitration clause by sending written notice to Customer Support. If this right is not exercised within the specified period, the User will be deemed to have agreed to submit to mandatory arbitration as the exclusive dispute resolution mechanism.
By using our platform, the User accepts and acknowledges that any content generated, including but not limited to images, photographs, videos, and any other visual or multimedia material (hereinafter, "User Content"), may be used by Backspingames for promotional and advertising purposes, both online and offline.
This User Content may be used to produce additional User Content, either individually or in collaboration with other users, by extracting parts of User Content generated by other users. The User Content, which may include proprietary materials of Backspingames, is not verified or endorsed by us. The opinions expressed by other users in the Services do not reflect our values or opinions. To use features that allow you to upload or transmit User Content through the Services or communicate with other users, you must comply with the guidelines set out in these Terms.
By this, the User grants Backspingames a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, distribute, modify, adapt, publish, translate, create derivative works, and publicly display their User Content in connection with the promotion and advertising of Backspingames, its products and services, and any other commercial or non-commercial purpose related to the platform and its activities.
The User represents and warrants that they own all the necessary rights to their User Content and that they have authorization to grant the aforementioned license to Backspingames. Furthermore, the User waives any moral rights they may have over their User Content to the extent permitted by applicable law.
Backspingames may record the matches played on the platform at our discretion and use these recordings for our commercial purposes in accordance with applicable laws and regulations. Among other things, we may broadcast, display, and share live or recorded matches and tournaments worldwide. We may do so through any commercial or other channel, such as (without limitation) Facebook Live, YouTube, Twitch, Kick, etc.
On the other hand, Backspingames commits to respecting your privacy and using your User Content in accordance with our Privacy Policy.
The User may not transfer, assign, sublicense, or otherwise transfer any of their rights or obligations under these Terms and Conditions.
The fact that BackspinGames does not exercise or enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision, unless there is an express written agreement. Furthermore, BackspinGames shall not be liable for any failure to fulfill its obligations due to causes outside its reasonable control, including, but not limited to, force majeure events, technical interruptions, connectivity issues, or extraordinary circumstances beyond its control.
Any dispute arising from or related to the legal relationship between the User and Backspingames shall be resolved in accordance with Spanish law.
The services and content (GENERAL TERMS, PRIVACY POLICY, COOKIE POLICY, AND OTHER LEGAL DOCUMENTS) offered on the Website and/or Platform may be presented in different languages and dialects. In case of contradiction between the terms of use and other legal texts written in other languages, the Spanish version shall prevail.
These General Terms were last updated on March 7, 2024.
