Tangelo Skill Games Terms & Conditions.

  1. Company information 

Tangelo Games Spain S.L. (hereinafter, “Tangelo”) is a company incorporated under Spanish law as a limited liability company, bearing Tax Identification Number (NIF) B-65596744, with the head office at Calle Amigo, 11 – 15, 08021, Barcelona, Spain. This company is registered in the Business Register of Barcelona

  1. Purpose of the document.

The purpose of the present Terms and Conditions is to set out the rights and obligations of the Users and Tangelo in relation to the use of the Platform and the services offered through the Platform. This document constitutes a binding contract between the User and Tangelo.

  1. Applicable Legislation.

Tangelo operates in compliance with all the laws and regulations that are applicable in Spain and in the jurisdictions in which Tangelo offers its Services. This includes, but is not limited to, the Spanish Gambling Act (Law 13/2011, of 27th May, on Gambling Regulation), as well as any other regulation applicable to games of skill and entertainment.

  1. Applicable Jurisdiction.

The Platform and the Services offered by Tangelo are intended for Users in jurisdictions where such services are legal and not prohibited. Tangelo reserves the right to restrict access to the Platform and the Services in certain jurisdictions.

Prohibited territories include the following:

Afghanistan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Colombia, Democratic Republic of Congo, Cote D’Ivoire, Croatia (local name: Hrvatska), Cuba, Cyprus, Czech Republic, Egypt, Estonia, France, French Guiana, French Polynesia, French Southern Territories, Greece, Haiti, Hungary, Indonesia, Islamic Republic of Iran, Iraq, Italy, Japan, Kosovo, Latvia, Lithuania, Malaysia, Malta, Montenegro, Myanmar, Nepal, Nigeria, North Korea, North Macedonia, Pakistan, People’s Republic of China, Philippines, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Sudan, Syrian Arab Republic, Turkey, Ukraine, Venezuela, Vietnam, Yugoslavia and Zimbabwe.

In regard to the United States of America, the states that prohibit any real money gambling, “cash games”, are Arkansas, Connecticut, Delaware, Louisiana and South Dakota. To the above are added the following states, in case the gambling involves card games: Maine and Indiana; and in the case the real money gambling involves dominoes, New Jersey.

Regarding Australia, real money gambling is currently prohibited in Queensland, Victoria, New South Wales and Canberra.

In India, “cash games” are banned in Andhra Pradesh, Assam, Karnataka, Meghalaya, Nagaland, Odisha, Sikkim and Telangana.

  1. Responsibility of the User.

The User is responsible for ensuring that their use of the Platform and participation in the Services is lawful in accordance with the relevant legislation in their jurisdiction. The User agrees to comply with all applicable laws and regulations when using the Platform. In the event that the use of the Platform is prohibited by the laws of the User’s country or jurisdiction, the User shall refrain from using Tangelo’s services.

  1. Modifications and Updates.

Tangelo reserves the right to modify and update the Terms set forth herein at any time. Modifications will be considered effective immediately upon posting them on the Platform. Tangelo will notify Users of any significant changes to the Terms via the Platform and/or by email. It is the User’s responsibility to regularly review these Terms to remain informed of any modifications.

 

  1. Acceptance of Terms.

By accessing and using the Mundijuegos Dinero Real gaming platform (hereinafter, the “Platform”), the user of the Platform (hereinafter, the “User”) agrees to comply with and be bound by the following Terms and Conditions (hereinafter “Terms and Conditions” or “Terms“). Should the User be unwilling to comply with these Terms and Conditions, they are requested to refrain from using the Platform. These Terms and Conditions constitute the essential contractual obligation for Tangelo and the User and shall govern the provision of services requested by the User.

Therefore, the User accepts and declares to have read, understood and consented to (i) the present Terms and Conditions, (ii) the Privacy Policy and (iii) the Cookie Policy, as well as (iv) the obligations and rules governing the games and competitions organised by Tangelo necessary for the use of the User’s account on the Platform.

Tangelo Users are responsible for the observance and compliance with all applicable legal regulations. In the event that a User unlawfully uses the Platform despite the limits or prohibition of local law on such use, these Terms and Conditions shall be deemed void and not applicable, as there is no contract between Tangelo and the User and therefore the later may not use the Platform. In case of uncertainty as to whether Tangelo’s services are permitted, the User should obtain legal advice prior to registration and/or use of the Platform. Tangelo does not consider itself responsible for legal aspects arising from the regulations that apply to it and will cooperate with governmental agencies if necessary.

 

  1. Description of the Service.

The Gaming Platform offers a variety of skill games (the “Services“). These games are designed to provide entertainment and a mental challenge to Users.

As previously stated, the Services in question are games of skill. Although monetary transactions can be made, these skill games are not considered by Spanish legislation, specifically Article 3 of the Spanish Gambling Act (Law 13/2011, of 27th May, on Gambling Regulation), as games of chance. This is because they lack the component of luck or randomness and are based on the capacity, skill and talent of the User to win the game. To guarantee that chance is not a present factor, controls and technological elements are incorporated to ensure that each Service is based on the User’s skill.

 

  1. User Eligibility.

Legal age of majority

In order to use the Platform and participate in the games of skill (the Services), the User must be at least 18 years of age. In this regard, by using the Platform, the User declares and warrants that he/she meets this age requirement.

Limitations to participation

Employees and staff members of Tangelo and its affiliated undertakings may not participate in competitions offered by Tangelo. However, they may participate in games on a trial basis, avoiding the intention of achieving any personal gain or benefit for Tangelo.

 

  1. Account Registration.

To access the Services, it is necessary to register and create an account. The User is responsible for maintaining the confidentiality of the account and password. Additionally, the User agrees to notify Tangelo immediately of any unauthorised use of the password.

Note that only one account can be registered per device. In the event that the User chooses to close their account, any balance that the User may have on the account will be surrendered.

 

  1. User Registration.

 Access to the software and participation in the games offered on the site is reserved for Users who have previously and validly registered on the site. This registration process requires the User to identify himself/herself by means of a username, e-mail address, telephone number and password. If a User uses real money (see section 12), additional information may be requested, including: ID card, passport or driving licence, surname, address, nationality, date of birth, place of birth, and postal address; as well as any other documentation that Tangelo may consider relevant to comply with its legal obligations.

The data collected during the registration process, as well as any other data provided by the User to Tangelo through the use of the website, will be processed in accordance with the provisions of the Organic Law 3/2018 of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, as detailed in the Privacy Policy.

The User undertakes to provide accurate and complete information during registration and to keep it up to date. It is therefore prohibited to use inaccurate registration data or data contrary to public order or principles of morality, as well as to usurp the identity of third parties or to choose a username in order to cause confusion with another player.

It is prohibited to create several User registrations, whether from the same device or from different computers, and/or from the same Internet connection.  The User registration is personal to the player and may not be transferred or made available to third parties by any means, regardless of whether it is done free of charge.

The games offered on the site are, moreover, reserved for Users who are natural persons 18 years of age or older.

In order to be able to play on the URL ludijogosdinheiroreal.com, the user must meet the following conditions:

– Be a natural person;

– Be 18 years of age or older;

– Have legal capacity and validly enter into the present contractual relation.

Registration is reserved for Users who have full legal capacity under Spanish law. Users who, for any reason, are subject to protection measures, such as a temporary protective regime, or who are prohibited for any reason from participating in gambling, either in person or via the Internet, will not be permitted to register to play on this site. In all cases, any person lacking full capacity or persons under a declaration of guardianship, both declared by a Court Judgement, and consequently all persons subject to protective measures as established in articles 200, following and 286 of the Spanish Civil Code (Código Civil) and concordant articles, may not in any way register or participate in gambling; or the regulations that apply in the territory from which the User makes use of the Services.

When the player proceeds to tick the box corresponding to the statement «I declare that I am aware of and accept the Terms and Conditions of Use of the online games offered by Tangelo, I hereby confirm my registration», the player declares to comply with the aforementioned conditions.

The information communicated during the opening of the user registration must be truthful, complete, accurate and updated. The User undertakes to inform Tangelo within thirty (30) days of any change affecting the information provided during registration. If it should happen that the aforementioned registration conditions are no longer met, or that the information communicated is no longer accurate, truthful, complete or updated, Tangelo may prohibit access to the software, refuse to open the player’s user registration or close the user registration.

  1. User Account – Winnings, prizes, funds of the account and Charges.

Tangelo differentiates between the following types of User accounts: (i) Practice Players and (ii) Money Players. Practice Players play using gaming credits – referred to as “Diamonds” – whereas Money-Players, or real money users, can participate in the Tangelo Services using real money. That is, they deposit, play or withdraw real money.

It should be noted that all of these Terms and Conditions apply to both types of accounts, with the exception of the requirements and obligations attached to each account (see sections 12.1 and 12.2).

Finally, Tangelo reserves the right to refuse or revoke the account of any User at its sole discretion.

12.1. Practice – Player Account

Tangelo maintains the User’s practice account, which is fictitious and involves virtual money, for Practice Players. Practice Players are not entitled to withdraw real money. Virtual money may only be used exclusively to participate in games that are enabled for access with virtual money (Diamonds). In this sense, the prizes and coins will be virtual, therefore, they will not be redeemable for real money prizes.

Finally, the User will cease to be a Practice Player when registering as a Money Player.

If the account is deleted for any reason, the balance of virtual currencies will not be recoverable for another account.

12.2. Money – Player Account

Tangelo offers a Money- Player account. The User only needs to make a cash deposit when he/she wants to start playing in the paid mode. Tangelo manages winnings and losses on the User account, without interest for the User. Deposited amounts can only be used to play on the Platform.

12.2.1. Withdrawal of Funds

Users have the right to withdraw their account balance or any part thereof at any time, provided that they have a minimum of 10 USD ($) in their account. Bonus funds cannot be withdrawn. Processing of the requested funds is by refund to the payment method used to make his/her deposit and may take up to ninety (90) days. However, either Tangelo or agents of its development partners may freeze a User account and/or delay a withdrawal request pending the completion of any investigation of reported or suspected abuse, verification of eligibility, or to comply with applicable laws. A request processing fee of up to USD 1 ($) may apply for any withdrawal; such amount would correspond to transfer fees and charges incurred by bank intermediaries. Tangelo is not compelled to verify the account holder’s authorisation. Free bonuses (comprising those awarded upon first-deposits, free game winnings, reward, etc.) provided by Tangelo cannot be withdrawn. In such cases, the User will be informed that the corresponding funds cannot be withdrawn and can only be used as free bonuses to pay registration fees. In the event that additional costs are accrued, such as refunds due to incorrect account numbers or banking problems, these will be borne by the User and will be deducted from the total amount.

12.2.2. Accumulated Winnings

If the total amount of winnings accumulated in a Money Player account exceeds 1,000 USD ($), Tangelo will immediately transfer the funds in excess of this limit to one of the bank accounts specified by the User upon registration. These funds will be transferred to satisfy this debt in full. Tangelo reserves the right to raise or lower this limit at any time and without stating a reason.

12.2.3. Proof of identity

For security reasons, Tangelo is authorised to withhold funds until identity can be confirmed. In such cases, the user will be required to send a copy of their identity card or passport, together with a written request to withdraw the funds, including their bank details.

12.2.4. Deletion of User accounts

User accounts will be deleted, at Tangelo’s sole discretion and without prior notification, after a period of 2 years has elapsed since the last login or when the contract has been terminated, either due to voluntary withdrawal by the User or deletion of the account by Tangelo due to the User’s breach of any of its obligations. In this regard, the Tangelo Services contractual relation shall be terminated together with the deletion of the User’s account. If the User’s account is deleted, the User will lose the monetary balance of the account. If a User account is deleted for substantial reasons, Tangelo reserves the right to retain the funds for the purpose of compensating Tangelo or third parties or as a sanction for a breach of contract.

12.2.5. Limitation of claim

If the withdrawal is not possible, for reasons other than the User’s breach of the contractual relationship between the User and Tangelo, Tangelo shall deposit the funds in a collective non- interest-bearing account, where they shall remain for a period of three years. The right of withdrawal shall lapse after three years. This limitation of the claim shall begin at the end of the year in which the User account is deleted.

  1. Entry fees and prizes.

13.1. Entry fees

Upon participation in one of the Services, the User simultaneously and irrevocably authorises Tangelo to deduct a fixed entry fee that has been established when creating the particular Service, as well as any other registration fees to be paid from his/her user account. In addition, Tangelo also provides authorisation to accept the commission generated for the particular game (the Service) in accordance with section 3.4.7 and to pay the winnings to the User who has won them or to accept the net profit of the loser and credit them to the User account of the winner. The entry fee shall be paid at the time of participation. The entry fee is real money. Entry fees vary and are indicated prior to participation in a Service. At the start of the Service, the registration fee is deducted from the User’s account. If sufficient funds are not available, the User cannot participate in the Services. Tangelo reserves the right to limit registration fees including duel processing fees, either individually or for the entirety.

Cancelled Games

If a User cancels a game, either intentionally or due to technical problems that cannot be attributed to Tangelo, the last score transmitted to Tangelo will be counted as the result.

In addition, the game (the Service) is also considered to be cancelled if the game does not get an opponent within 48 hours. In this case, the User will receive a refund of the amount paid by the User to participate in the game (the Service). In order to optimize the playability and ensure the completion of the game (the Service) with an opponent of similar level, it is possible that, under certain circumstances, a game previously played in the last 72 hours will be assigned to the current game (the Service). This measure is implemented to minimize the chance of games (the Service) that do not get an opponent remaining unmatched.

13.2. Deposit, Fees and Methods of Payment

The User has several payment methods at his disposal, which are described below.

Tangelo wishes to inform the User that all operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard security technology. All information transmitted to them travels encrypted through the network.

Deposits via bank transfer

Payments made by domestic bank transfer must be transferred to the bank account specified by Tangelo. The User in question may only participate in the Services after the funds have been received. Together with the payment, the User makes a collateral security deposit by depositing funds on which Tangelo is entitled to commission, reimbursement of expenses and compensation for damages. Together with each debit, the User authorises Tangelo to deduct the specified funds from the indicated bank account. If the User’s account cannot be debited, the User irrevocably agrees that Tangelo may inform the User’s financial institution (or any agency charged by Tangelo to collect outstanding amounts) of the User’s full name, date of birth and address. Additionally, the User agrees that their financial institution (or any agency charged by Tangelo to collect outstanding amounts) may receive information from Tangelo, which may also be stored for the purpose of processing the debit until the claim has been settled.

13.3. Deposits via other methods of payment

The User, in addition to bank transfer, may also make payment through different online payment providers. These options include: POS for credit or debit card, PayPal, Apple Pay

  • Credit/Debit Card:

The User’s credit card details are entered directly on the website of the bank providing the service at the bank’s POS (Point of Sale Terminal) and are not entered or recorded on any Tangelo server.

When paying by card, the User will always be asked for the following information: the card number, the expiry date and a Validation Code that coincides with the last three digits of the number printed in italics on the back of the card, thus offering more guarantees for the security of the transaction.

When the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the cardholder may demand the immediate cancellation of the charge.

However, if the purchase had actually been made by the cardholder and/or the User and the demand for refund or reversal of the corresponding charge had been unduly demanded, Tangelo shall have no liability or obligation to compensate.

  • PayPal and Apple Pay:

By using PayPal and Apple Pay as payment methods, the User agrees to comply with the terms and conditions set forth by each payment provider. PayPal and Apple Pay are electronic payment services that enable secure and fast transactions. It is the User’s responsibility to ensure that their account is kept up to date and protected against unauthorised use. Both services may charge additional fees for certain transactions and are subject to specific privacy and usage policies. It is important that the User reviews and understands these policies, which may be updated periodically without notice. The use of these payment methods implies the User’s consent.

13.4. Status of payments

Funds, registration fees and processing fees are considered paid after they are irrevocably debited from Tangelo’s bank account and deducted from the User’s account. The notice to the beneficiary on the bank transfer form must include only the transfer concept specified by Tangelo. Tangelo shall ensure that all deposits are debited to the appropriate accounts as soon as possible. Tangelo is irrevocably authorised, even if not required, to allow Users to participate in the Services before payment has been received.

13.5. Additional charges for monetary transactions

If a User has to pay additional fees for a monetary transaction, especially in the case of a rejected payment (such as a rejected transfer or credit card payment) or due to increased bank processing fees for transfers from or to foreign countries (e.g. withdrawal of earnings or account balance), Tangelo is entitled to deduct these fees from the User’s account. In connection with the processing of chargebacks by Tangelo, Tangelo will charge the actual chargeback fees of the respective banking/payment service provider as well as 3.50 USD ($) for each reminder after the default has occurred. Claims for any further damages, in particular compensation for the processing of the rejected payment by third parties (such as collection agency and legal fees), are reserved at all times. The User agrees to bear all costs that may be charged to him/her when funds credited to his/her account are reversed (such as cancellation of an account debit, insufficient funds or incorrectly submitted account information). Furthermore, in cases such as these, Tangelo is authorised to use a collection agency for the purpose of collecting outstanding invoices, including also those arising from the engagement of the collection agency.

13.6. Review of the Credit Report

Tangelo reserves the right to properly review a credit report of the User upon payment and thereby transmit the collected personal information (name, address, date of birth, amount to be deposited, including processing fees) to credit bureaus, [Calle Amigo, 11 – 15 (08021), Barcelona, Spain], which may store the information for the purpose of reviewing the credit report of the User based on statistical methods. Tangelo reserves the right to individually or generally limit the maximum entry fee (including the processing fee) per duel or tournament and/or per day.

13.7. Tangelo’s transaction and inactivity fees

Tangelo charges an administrative fee for the creation of the Services as well as for maintaining User accounts. The potential prize money indicated after selecting a Service and the registration fee reflect the net winnings after deducting these administrative fees. If a User does not play any Services within 6 months, Tangelo may deduct a one-time inactivity fee of 2 USD ($) per month from the User account for management. Tangelo charges a general processing fee of 1 USD ($) for each withdrawal from a User account. In addition, the User receiving the withdrawn funds will pay in full the additional bank fees for processing foreign bank transfers.

13.8. Offsetting expenses with Users Account funds

The funds in a particular User account are used directly to offset the costs or benefits caused by that User’s earnings, registration fees and processing fees. If this results in a User account being underfunded for any reason, the User is obliged to immediately make payment and deposit a minimum of 10 USD ($) into their User account.

13.9. Bonus

The User may be awarded a Bonus. The Bonus can be used to participate in the Services. When participating in a Service (a game), 10% of the Bonus entry will be used. Furthermore, an additional Bonus will be used to participate in cash games if the Bonus is the only currency available on the User’s account.

When the User wins a Service, the portion of the Bonus used to pay the entry fee will be returned to the User, and any additional winnings beyond the entry fee will be paid out in real money. If the User initiates a withdrawal from their account, they will forfeit any bonus cash in their account at that time.

13.10. Reimbursement

Except as provided for in these Terms and Conditions, and except as required by law, no refund will be granted.

13.11. Erroneous Transfer

It is the responsibility of the User to immediately notify Tangelo, through its Customer Service, of any funds that have been transferred to his or her User Account in error. In the event of such a situation, the User undertakes not to dispose of such funds under any circumstances, and Tangelo reserves the right to block the User Account until the situation has been rectified, to withdraw such funds and to cancel any transactions made with such funds.

13.12. Invoicing

By providing Tangelo with the payment methods, the User:

(i) Declares that he/she is authorised to use the payment method he/she has chosen, and that any payment information provided is truthful and accurate.

(ii) Authorises to charge for services using the payment method; and

(iii) Authorises Tangelo to charge for any payment functions for the services he/she chooses to sign up for.

In the event that Tangelo makes a billing error to the User, the User shall report the error within one hundred and twenty (120) days after the error first appears on the User’s invoice. If the User fails to report within such period, Tangelo shall not be liable for any losses caused by such error.

The User may not, under any circumstances, use a means of payment owned by a third party.

Finally, the invoices issued by Tangelo will include the corresponding taxes.

13.13. Taxes

Tangelo will pay the amount corresponding to the withholding or payment on account of the Spanish Personal Income Tax (IRPF) or, where applicable, the Spanish Non-Resident Income Tax (IRNR), which is in force at the time of payment, to the name of the winning User. These amounts will be deducted from the prize to be received by the User.

 

  1. Acceptable and prohibited uses.

The User undertakes to use the Platform responsibly and not to:

a. Engage in any activity that violates any applicable law or regulation.

b. Use the Platform for any fraudulent or malicious purpose.

c. Interfering with the normal operation of the Platform.

d. Attempt to gain unauthorised access to any part of the Platform or other systems or networks.

Illustratively, but not exhaustively, it is prohibited when using the Platform to:

e. Disguise, misrepresent, alter, anonymise, or obscure the IP address or origin of any content that may be uploaded.

f. Remove or alter any trademark notices or other proprietary rights information appearing on the Platform.

g. Cause interference with or disruption to the Platform, servers, or networks through which the Platform is provided.

h. Attempt to decompile, reverse engineer (except as permitted by applicable intellectual property laws), disassemble, or hack the Platform, or circumvent or defeat encryption technologies or security measures or data that Tangelo transmits, processes or stores.

i. Gather, extract or collect any information about the Platform or other users using the Platform, including, without limitation: personal information or data (for example, by uploading any information-gathering elements, such as, but not limited to, pixel tags, cookies, graphic interchange formats (gifs) or similar elements, sometimes known as “spyware”, “spyware” or “pcm” (passive collection mechanisms).

j. Using the Platform to harm, offend or harass anyone.

k. Create more than one account to use the Platform.

l. Use the email address of another person or entity to register.

m. Use the Platform for fraudulent or abusive purposes (including, but not limited to, using its services to impersonate a person or entity, or otherwise misrepresent the User’s relationship with a person, entity, its forum or its video games).

n. Sell, transfer or attempt to sell or transfer an account the User has with Tangelo or any part of an account.

o. Disobey the requirements or regulations of any network connected to the Platform.

p.Withdraw money if the User is a Tangelo employee, regardless of being able to use the services for the purpose of testing and improving the User experience.

q. Using the platform fraudulently by competing or practising falsely for the incorrect categorisation of the user’s level by the platform and gaining a competitive advantage over opponents.

r. Use the Platform in any other manner not permitted by these Terms and Conditions or the video game rules, which Tangelo may publish from time to time in accordance with these Terms and Conditions.

s. Use the Platform to violate any applicable law or regulation, use any form of gaming mechanism or automation that edits scores or provides a competitive advantage to any User, or use the Platform in any other way that is not permitted by these Terms.

Tangelo shall report with particular attention any complex or unusual transaction or pattern of behaviour with no apparent economic or lawful purpose, or which presents indications of simulation or fraud and, where appropriate, shall communicate the indications and/or elements of judgement gathered to the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences.

  1. Intellectual and Industrial Property.

The Platform in its entirety and its contents are protected in accordance with national and international regulations on intellectual and industrial property (software, illustrations, music, brands, domain name, trademarks and distinctive signs etc.), which are owned by Tangelo, which is the holder of the intellectual and industrial property exclusive rights or has obtained the corresponding authorisations or licences for their exploitation, and other works and inventions associated with the Platform and the technology related to it, as well as its content. It also includes the content of this Platform, including its designs, games, text, avatars, images and source code (“Content“).

All of this Content and any possible derivations thereof are protected by international intellectual property rights. The Content may not be used, reproduced, copied, transferred or distributed in any form without the express permission of Tangelo. The trademarks of third parties that may appear on the Platform and Services are the property of such third parties, from whom Tangelo has obtained a licence agreement. By posting or submitting content to the Platform, the User grants the Platform a free, non-exclusive, worldwide, royalty-free licence to use, modify, reproduce and distribute such contentin connection with the operating of the Platform.

Furthermore, the User acknowledges that, by using the Platform, the User is granted, on the basis of these Terms and Conditions, a personal, non-exclusive, limited, non-transferable, non- assignable and non-licensable licence to install and run the Platform, in object code format only, on a device owned or controlled by the User, for the sole purpose of accessing and using the Services in accordance with these Terms and Conditions, and only for so long as the User’s account is operational. The User acknowledges that he/she only receives such rights under the terms of this licence. In addition, the User may not connect the Platform between devices and on different networks.

Nor may the User, directly or indirectly, authorise any person or entity to: (i) reverse engineer, decompile, disassemble, redesign or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Platform or its structural framework; (ii) create derivative works of the Platform; (iii) use the Platform in whole or in part for any purpose, except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Platform. User acknowledges that it has access to sufficient information that it does not need to reverse engineer the Platform in any way to enable other products or information to interoperate with the Platform. The User is responsible or all use of the Platform within its possession or control.

 

  1. Privacy Policy.

Use of the Platform is also subject to Tangelo’s Privacy Policy, which describes how it collects, uses and protects the User’s personal information. Please read the Privacy Policy https://www.ludijogos.com/about/cookies.php  for more details.

In addition, the User consents that his/her user name, photographs and recordings may be displayed together with the amount of prize money won. This is for advertising purposes, for press releases, publication in print media, radio, television, Internet and any other media by which they may be made available to the public. In the case of live or webcam games, the User is also aware that Tangelo may use the publication of these data, recordings and photographs for the purposes of publicity, press releases, advertising, publications, public access, use. He/she is not entitled to any compensation for the use of this data. Such transfer shall be free of charge, for advertising purposes and with the right of transfer to third parties for the maximum time permitted by applicable law.

  1. Platform Disclaimer of Warranties.

The Platform and the Services are provided “AS IS” – “as is” and “as available”. The Platform makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.

 

  1. Statute of liability´s limitation.

To the maximum extent permitted by law, Tangelo shall not be liable for any indirect, incidental, special, consequential or punitive material or personal damages, or for any loss of profits or revenues, whether direct or indirect, or for any loss of data, use, goodwill or other intangible losses, resulting from (i) the User’s use of or inability to use the Platform; (ii) any unauthorised access to or use of its servers and/or any personal information stored thereon; (iii) any interruption or cessation of transmission to or from the Platform; (iv) any bugs, viruses, Trojan horses or the like that may be transmitted through the Platform by third parties; (v) any content or conduct of any third party on the Platform; and/or (vi) any other matter relating to the Platform.

Tangelo is not liable for any loss, damage to property or personal injury caused by accessing, using or attempting to access or use the Platform. Tangelo shall also not be liable for any loss, material or personal damage caused by the downloading of any data from the Website or by information otherwise obtained from Tangelo, unless the problems can be attributed to the gross negligence or intentional breach of duty on the part of Tangelo. Tangelo shall only be liable for its vicarious agents and/or legal representatives who have acted with gross negligence or intentional breach of duty and, insofar as Tangelo, its vicarious agents and/or legal representatives have not violated material contractual obligations. Damages resulting from injury to life, body or health shall remain unaffected by this.

The User may be able to access third party websites or services through the Platform. Tangelo is not responsible for third party websites, services or content available through such Services. The User is solely responsible for its relationships with third parties (including advertisers and game developers). Access to or use of third-party services may be subject to the terms and conditions of such third parties.

In addition to the above, Tangelo is not liable for the following points:

 

  1. Errors.

Tangelo is not responsible for errors in data entry, transmission and/or scores, as Tangelo has no influence on these problems.

  1. Incorrect data entry.

Tangelo reserves the right to retroactively amend obvious errors in the specification of registration fees, prices, fees, etc.

  1. Abuse.

Tangelo is not liable for damages of any kind that have been caused by the improper use of Tangelo services by a User, which includes all losses resulting from any third party.

 

  1. Early closure of the Services.

If Tangelo is forced to close a Service prematurely, participating Users may receive a refund of their registration fees and credit to their User accounts. Tangelo is not liable for collateral or consequential damages, to the fullest extent permitted by applicable law.

 

  1. Awards.

Tangelo is not responsible for lost winnings or potential winnings, even in the case of prematurely closed games or tournaments.

  1. Responsibility for the provided content.

Tangelo is responsible for the content the User provides. Tangelo is not responsible for third-party offers for which they only provide access (e.g. via links). Tangelo expressly points out that they are not responsible for the content of third-party websites to which they provide links.

  1. Disclaimer of liability of the User to Tangelo.

By using the Tangelo Services, the User agrees, at the User’s own expense, to indemnify, defend and hold harmless Tangelo, its parents, subsidiaries and affiliates, its partners, third party suppliers and their directors, representatives, employees and agents from and against any and all losses, property damage, injuries, loss estimates, claims, demands and expenses, including legal fees and expenses, of any kind or nature, arising out of, relating to or resulting from (i) any breach  by the User of these Terms and Conditions; or (ii) damages arising out of the use of the Games; including, without limitation, any claim for personal injury (including death), injury to reputation, breach of privacy or damage to tangible property or data (including loss of property or loss of use of tangible property or data).

  1. Notification of modifications to these Terms and Conditions.

All representations made within the context of Tangelo’s licence agreement must be made in writing or by e-mail. Tangelo’s e-mail address is customersupport@tangelogames.com.

Tangelo reserves the right to revise these Terms and Conditions at any time, without stating a reason. In this event, Tangelo will send an email containing the revised Terms and Conditions or a notice containing a link to where they can be viewed on the Platform, fifteen (15) days before they become effective. Tangelo may also send notice of all revisions using Tangelo’s messaging service. If a User does not expressly object to the validity of the new Terms and Conditions by email within this fortnight, the new revised terms and conditions shall be deemed accepted. If a User rejects the newly revised terms and conditions, Tangelo may terminate the relationship with the User.

  1. Withdrawal, cancellation, duration and termination of the contract by the User.

A User may exercise the right of withdrawal, i.e. terminate the Agreement without any justification, within the first fourteen (14) calendar days from the date of the purchase of the Service and the execution of this Agreement. Therefore, the right of withdrawal from this Agreement and the purchase of Services may be exercised. This right will be exercised by the User without penalty, therefore the amounts or Services contracted will be refunded. The balance on the User’s account will be transferred to the User’s bank account within a processing period of up to 14 calendar days. If the User’s bank details are unknown, we will proceed according to point 6.5.

To exercise the right of withdrawal, the User shall submit his will to do so in writing, to the address Calle Amigo, 11 – 15 (08021), Barcelona, Spain, or by sending an email to customersupport@tangelogames.com indicating username, contact details, date and method of payment used.

Nevertheless, in the case of the purchase of tokens or Services, the right of withdrawal may not be exercised once these have been consumed. The service shall be deemed to have been consumed once Tangelo has processed such Service or when the tokens have been consumed by the user. In relation to the tokens, they will be considered consumable on an individual basis, unless they have been purchased in a package or with a volume discount. Furthermore, the right of withdrawal cannot be exercised if the tokens or services have been obtained fraudulently or through an abuse of rights.

In addition, the User, after the withdrawal period, may terminate the Contract and Services at any time. To terminate this Contract, it is only necessary to send a written notice to the address Calle Amigo, 11 – 15 (08021), Barcelona, Spain or, by email, customersupport@tangelogames.com indicating username, contact details, date and method of payment used. The balance in the User’s account will be transferred to the User’s bank account within a processing period of up to 30 business days. If the User’s bank details are unknown, Tangelo will proceed in accordance with point 6.5. In accordance with these Terms and Conditions, withdrawals can only be made when the balance is 10 USD ($) or more. If the User’s account has a balance of less than 1 USD ($), upon termination it will be cancelled without refund of such amount.

In this regard, Tangelo shall retain the right to terminate and deactivate the accounts of any User for any reason, in particular but not limited to, for substantive reasons or breach of these Terms and Conditions.

  1. Tangelo´s right to termination of the Contract.

In accordance with article 85.4 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Tangelo may unilaterally terminate the contractual relationship with the User by informing the User with a reasonable notice of 10 calendar days.

 

  1. Sanctions and Suspension.

Tangelo may sanction, suspend or terminate the User’s access to the Platform and the Services in the event of:

– Breach of these Terms and Conditions

– Fraudulent, malicious or illegal activities

– Violation of the compliance policies set out in these Terms and Conditions

In such cases, Tangelo will notify the User of the action taken and, if applicable, provide an explanation of the underlying reasons. Suspension or termination may be temporary or permanent, depending on the severity of the breach.

  1. Assignment

Tangelo reserves the right to assign, transfer or delegate its rights and obligations under these Terms and Conditions, in whole or in part, to any third party without obtaining the prior consent of the User. In the event that Tangelo makes such assignment or transfer, Tangelo will notify the User via the Platform and/or by email.

 

  1. Divisibility.

If any part of these Terms and Conditions is held invalid, the remaining sections and agreements shall remain valid and enforceable. If so, a provision will be added that comes as close as possible to Tangelo’s economic objective, which shall make the illegal, invalid or unenforceable provisions legal, valid and enforceable.

 

  1. Applicable law and Jurisdiction.

These terms and conditions are governed by the laws of the Spanish State. If the User is a consumer and has his/her habitual residence outside the Spanish State, his/her mandatory rights under the law of his/her place of residence shall remain unaffected.15

All disputes shall be submitted to the courts of the Spanish State, specifically to the courts of Madrid. However, the User may claim his/her rights as a consumer in relation to these terms and conditions also in his/her place and country of residence.

 

  1. Online dispute resolution.

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/. Tangelo is not obliged to participate in these or any other dispute resolution procedures before a consumer arbitration committee. Therefore, even if Tangelo does not participate in these dispute resolution procedures, Tangelo’s customer service will continue to provide competent assistance in resolving issues: customersupport@tangelogames.com.

  1. Areas of use.

Tangelo only offers its services in the countries that can be selected during registration. In the event that a User provides false information regarding his/her residence, Tangelo may exercise its right to challenge the relationship with the User and therefore the Terms and Conditions, as set out herein, and may terminate the contractual relationship.

Latest version dated October 2024