The purpose of this document is to address the terms of service (the “Terms”) that apply to the usage of the HERO Network application, www.heronetwork.gg, www.beahero.gg and any other related service provided by HERO SPA, RUT. 76.874.216-2. HERO SPA is duly incorporated and organized under the laws of Chile and its registered address is Monseñor Escriba de Balaguer 13.105, Lo Barnechea, Santiago, Chile (“HERO Network»). As accessing or using the services before mentioned, you thereby confirm that you have read and agree to be bound by the Terms. In case you are older than 13 but underaged, you hereby agree that your legal guardian has read the Terms and agree that you are bound by these.
1. THE SERVICES
All the HERO Network related websites and mobile applications are intended for gaming and esports information services. The app allows you to follow esports leagues, tournament and matches including creating your user profile with either an original username and password, Facebook, Google, HUAWEI or Apple ID account. Besides this, the application allow you to set your own profile picture and add a brief description about yourself. The HERO Network application also allow you to search and connect with your friends. By accepting the Terms, HERO Network will grant you the nonexclusive, non-transferable, no sublicensable, and limited right to access and use of the HERO services for your own purposes, provided that your use is in accordance with the Terms.
You confirm that you are fully responsible for the internet connection and mobile charges that may incur for using our Services. Please be aware of these charges and consult your internet provider for further details.
2. CONTENT
HERO encourage keeping the qualities of mutual respect and originality of creation in hugh regard. When you use and interact with our Services and the other users of the Services you may elect to share or make available content such as pictures, video, text, sound, geographical position or any other type of content, (jointly “Content”), to HERO or other users of the Services. However, accepting the Terms, implies that you agree that the Content shared or transmitted:
- Is veridic, does not constitute to misleading.
- Does not intend to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate.
- Does not infringe any intellectual property, copyright, publicity or privacy rights of any third party or otherwise violate such third party’s rights.
- Does not constitute information that the user is not allowed or legally entitled to distribute.
- Does not represent unsolicited or unauthorized material of any kind (Such as junk mail, spam, chain letters, pyramid schemes or any other form of solicitation).
- Does not include or lead to software virus or any other technology that may harm the Services, other users experience of them, or any property or interests of HERO Network and its users.
HERO Network appreciates the opportunity to be notified of any content that does not comply with the below descripted in these Terms. Please feel free to inform HERO Network of any potential violation to the Terms by sending an email to [email protected].
HERO Network reserves the right to remove and/or modify any Content from the Services. Despite this, HERO Network does not review all Content and is not responsible for any third-party Content or any Content provided by its users, contained, made available or used in the Services. Neither it will be responsible for the deletion or loss of any Content.
In the case the Content you send, share, transmit or make available gives rise to any intellectual or industrial property right, you thereby grant to HERO Network an unlimited, nonexclusive, irrevocable, worldwide, perpetual, royalty free, fully sublicensable and transferrable right to use, copy, reproduce, change, modify, translate, display, distribute, transfer, make, publicly available and/or perform such Content in relation to the Services.
To the fullest extent permitted under applicable law, you waive your moral right to and/or in the Content, even if you stop using the Services. You acknowledge and agree that HERO may share Content with its partners and/or companies that cooperate with them.
3. USER CONDUCT
The following rules must be complied in order to maintain the integrity of the Services. Please note that you may only be able to use the Services if:
- You are thirteen years old or above.
- You agree and accept the Terms of Service at its fullest.
- You agree that you will not supplant another person identity, name or email while using the Services.
- You agree to use the Services for your own private purposes only, and not for any commercial use, such as marketing or sale of goods or Services.
- You agree that you will only send, upload, communicate, transmit or otherwise make available Content that you own or otherwise are permitted to make available in the Services.
- As signing in with a new user account, you agree that you will only create one account per platform, provide your full name and a valid email address through which HERO would be able to contact you and follow the steps required to sign up for an account; you agree to keep secure your login details and to do not disclose your login details to anyone else. You also accept full responsibility for the activities carried out using your personal account.
- You agree not to collect, scrape or harvest any personal information belonged to other users of our Services without their consent.
- You agree not to interfere with any technological measure or security related feature of the Services. Including not to decompile, disassemble or reverse engineer its features.
- You agree not to remove or amend any right of use or related proprietary notices.
4. CONSUMABLE CONTENT
In the Services we display and provide third party content such as news and media (Consumable Content). This Consumable Content is part of and accessible through the Services, and may include links to third party websites, as well as software and other services provided by third parties, as part of or in connection to HERO Network.
HERO is not responsible for accuracy or opinions expressed in such Consumable Content and its third-party links. Those external sites are not fully investigated, monitored or checked by us. HERO is not responsible and assume no liability for mistakes misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of such third-party content. Users must understand that information and opinions by third party content, represent solely the ideas of the author and not necessarily those statements reflect the beliefs of HERO Network. You therefore release HERO Network from any actions, demands, suits or other claims resulting from or arising out of or in connection with third-party content.
The Services only give you a limited, nonexclusive, and revocable license to use the HERO Applications and Sites, to the extent necessary to access the Services. Under no circumstance these terms would be interpreted in a manner that would allow you a license to copy, modify, reproduce or infringe in any way the intellectual property rights of HERO or any third party related.
5. PRIVACY
As you create an account, you provide personal details that may be deemed as personal data under applicable legislation. HERO Network is acting as controller for your personal data, meaning that HERO is responsible for the processing of your personal data. Accepting the Terms, you consent that HERO Network would use the personal data collected in acordance with our Privacy Policy. You can find more details in this reguard at te following link: www.heronetwork.gg/privacy-policy/
6. TERMINATION AND CANCELLATION
You may terminate your account and utilization of the Services at any time you want. Also, you agree that HERO Network may terminate your account and use of the Services if you infringe these Terms. HERO may also terminate unconfirmed or long inactive accounts.
Either way an account is terminated, all its content may be inaccessible. As soon as you start using the Services you waive any statutory cancellation rights that you might otherwise have had.
7. LIABILITY AND INDEMNITY
No point included in the Terms excludes or limits the liability for death or personal injury from our negligence, or our fraud, fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
Under no circumstances shall HERO Network aggregated liability in connection with the Services or otherwise under these Terms, exceeds the amount corresponding to the actual and determined damage suffered by you. HERO Network and its staff shall not be liable for (i) any kind of damages or losses in the event you have used the Services in breach of these Terms, or (ii) any loss of profit, loss of data or any other indirect damages or losses in connection with the Services or otherwise under these Terms.
You agree to indemnify and hold HERO Network, its partners, affiliates, contractors, officers, directors, employees, shareholders, board members and agents harmless from and against any direct, actual and determined claims, losses, liabilities, expenses and damages suffered by third parties arising out of your breach of these Terms.
As a consumer you have determined rights under mandatory consumer laws and regulations. We do not intend to limit or alter such rights under these Terms. And in the same way, we do not intend to impose a greater responsibility on you than you have under mandatory consumer laws and regulations.
As a consumer you have special rights under mandatory consumer laws and regulations. We do not intend to limit or alter such rights under these Terms. Further we do not intend to impose a greater responsibility on you than you have under mandatory consumer laws and regulations.
8. DISCLAIMER OF WARRANTIES
You agree that you are responsible for a safe use of the Services and that they are used at your own risk. Unless otherwise stated in these Terms, the Services are provided «as is» and HERO Network disclaims any and all warranties, whether express or implied, relating to the Services, including but not limited to, accuracy, reliability, non-infringement or uninterrupted operation or access.
9. ASSIGNMENT
HERO Network is entitled to assign any of its rights and obligations under these Terms without restriction.
10. MODIFICATIONS
HERO Network may change the Services at any time, such as by adding or removing features or even discontinuing the Services.
Besides, HERO Network is entitled to modify these Terms at any time. You are advised to regularly check the latest version which is published at www.heronetwork.gg/terms-of-service/ If you do not want to accept such Terms, you can always terminate your account. Any continued use of the Services, following notification of modified Terms, shall constitute acceptance by you of such Terms.
11. THIRD PARTY SERVICES
HERO Network may include content and links to third party services and/or third party services may be made available to you via HERO Network Services. These external services are subject to respective third party terms and conditions. You are advised to read third party terms carefully as they constitute an agreement between you and the third party. If you follow a link to any of these websites, please note that these websites have their own privacy policies. We do not accept any responsibility or liability for their policies, their processing of your information or their content on their websites. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they process your data.
12. INTELLECTUAL PROPERTY
You agree that all copyright, trademarks and other intellectual property rights relating to the Services are owned by HERO Network, its licensors or other Third parties such as Consumable Content providers.
13. ENTIRE AGREEMENT
These Terms and all policies posted on our website represent the entire agreement between you and HERO Network relating our Services and they also replace all previous agreements and understandings between you and HERO Network.
If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be adjusted and shall not affect the validity and enforceability of the remaining provisions.
14. APPLICABLE LAW AND DISPUTES
These Terms shall be governed by and construed in accordance with the laws of Chile. We both agree that the courts of Chile shall have non-exclusive jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement.