IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein with “you” or with “your”) AND SBET. (referenced herein as “SBET”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS OF USE (referenced herein as the “Agreement”) BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE(S) AND/OR MOBILE APPLICATION” (referenced collectively herein and for purposes of this Agreement as the “SBET Platform”). SBET IS WILLING TO LICENSE TO YOU THE RIGHT TO USE THE SBET PLATFORM ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO USE THE SBET PLATFORM AND YOU ARE INSTRUCTED TO STOP USE OF THE SBET PLATFORM. BY CLICKING „I ACCEPT“ AT THE END OF THIS AGREEMENT OR BY INSTALLING, ACCESSING, OR USING THE SBET PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT AND ITS TERMS AND CONDITIONS.
Subject to your continued compliance with this Agreement, SBET provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the SBET Platform during the term of this Agreement on your personal computer, laptop, mobile phone or other mobile computing device only for personal or internal business purposes. In connection with the foregoing license and as the only right to sublicense, you may also enable an individual employee(s) of yours (each, an “Authorized User(s)”) to access and use the SBET Platform so long as all such use remains in compliance with this Agreement. Moreover, you acknowledge and agree that you shall be responsible for monitoring your and your Authorized User(s)’s use of the SBET Platform and for maintaining compliance with the terms and conditions of this Agreement. Accordingly, any breach of this Agreement by an Authorized User(s) shall constitute a breach by you. In connection with this license, references to “you” or “user” throughout this Agreement mean you, any Authorized User(s), and the corporate or entity-level client of SBET that accesses the SBET Platform per any other agreement with SBET. The content layout, formatting, and features of and online or remote access processes for the SBET Platform shall be as specified by SBET in its sole discretion. You also acknowledge and agree to the following: (i) SBET has the right to control and direct the means, manner, and method by which the SBET Platform is provided; (ii) SBET may, from time to time engage independent contractors, consultants, or subcontractors to aid SBET in providing the SBET Platform or use thereof; and (iii) SBET has the right to provide the SBET Platform to others.
All rights not expressly granted under this Agreement are hereby reserved to SBET. Accordingly, you are hereby prohibited from using the SBET Platform in any manner that is not expressly and unambiguously authorized by this Agreement. You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the SBET Platform, or any portion of the SBET Platform without SBET’s prior written consent except as expressly and unambiguously authorized herein. Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the SBET Platform or in any way reproduce or circumvent the navigational structure or presentation of the SBET Platform to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the SBET Platform, (b) attempt to gain unauthorized access to any portion or feature of the SBET Platform or any other systems or networks connected to the SBET Platform or to any SBET server or to any of the services offered on or through the SBET Platform, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the SBET Platform or any network connected to the SBET Platform, nor breach the security or authentication measures on the SBET Platform or any network connected to the SBET Platform, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the SBET Platform, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SBET Platform or SBET’s systems or networks or any systems or networks connected to the SBET Platform, (f) use any device, software, or routine to interfere with the proper working of the SBET Platform or any transaction conducted on the SBET Platform, or with any other person’s use of the SBET Platform, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to SBET on or through the SBET Platform, or (h) use the SBET Platform in an unlawful manner.
In order to reflect SBET’s ownership of the SBET Platform and to protect SBET’s interests therein, you shall ensure that proper attribution and notice appears with any use of the SBET Platform. You shall also undertake to include in connection with any printout or subsequent use of any content from the SBET Platform a notice including the following information, “Copyright © SBET (or its licensors)” and such other information as designated by SBET. In accordance with the foregoing, during the Term of this Agreement, SBET hereby grants to you a limited, non-exclusive, non-transferable right and license to use the full trade name of “SBET” solely in connection with your attribution of the applicable content. In connection with this trademark license grant, you agree to comply with any guidelines for use as provided by SBET from time to time.
By downloading, accessing, or using the SBET Platform, you represent and warrant that you will abide by all applicable local, state, national laws and regulations with respect to your use of the SBET Platform, and that you are at least the legal age of majority. In addition, you agree to assume all responsibility concerning your use of the SBET Platform, including being held responsible for any and all activity occurring through your username and password (and the related account access). You further represent and warrant that (i) you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to SBET through the SBET Platform; and (ii) you will at all times comply with the terms and conditions of this Agreement. Moreover, by installing, accessing, or using the SBET Platform, you agree to allow SBET to collect certain information regarding your use of the SBET Platform (including, without limitation, certain data regarding feature utilization, navigation, and personal information (e.g., name, email, etc.), and further agree to provide SBET reasonable cooperation in connection with operation of or support for the SBET Platform. You also agree to receive electronic communications from SBET. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or relating to the SBET Platform or SBET’s services. These electronic communications are part of your relationship with SBET and you receive them as part of your use of the SBET Platform. You therefore hereby agree that any such notices, agreements, disclosures, or other communications that SBET sends you electronically will satisfy any legal communication requirements.
You may be required to register to use the SBET Platform. Each registration is for a single user only, unless otherwise expressly agreed upon by SBET. Registration for access to and use of the SBET platform may also require access credentials, such as a username and a password, or adherence to other particular access requirements as designated by SBET in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a username and password, as confidential information and not to disclose such information to any third party without the prior express written consent of SBET, which may be withheld in its sole discretion. You shall immediately notify SBET if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password. SBET will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.
SBET welcomes your feedback and suggestions about SBET’s products or services or with respect to how to improve the SBET Platform. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to SBET, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to SBET and enable SBET to use such Feedback. In addition, any Feedback received by SBET will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for SBET to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
The SBET Platform may connect to certain third-party websites or online networks (collectively, “Third Party Sites”). These Third-Party Sites have not necessarily been reviewed by SBET and are owned, controlled and/or maintained solely by third parties over whom SBET exercises no control. Your correspondence or any other dealings with third parties found through any Third-Party Site on the SBET Platform is solely between you and such third party. Accordingly, SBET hereby expressly disclaims and shall not have any liability or responsibility for any Third-Party Sites.
SBET is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Postings. Moreover, SBET does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or any other user. Nevertheless, SBET. reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to Postings (or parts thereof) that SBET reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of SBET, its users, or the public, or (vi) that SBET believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to SBET, its services, or goodwill. If you violate this Agreement, SBET may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the SBET Platform.
This Agreement provides only a limited license to access and use the SBET Platform in accordance with the terms of this Agreement. Accordingly, you hereby agree that SBET transfers no ownership or intellectual property interest or title in and to the SBET Platform or any other SBET intellectual property to you or anyone else in connection with your use of the SBET Platform. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the SBET Platform are exclusively owned, controlled, and/or licensed by SBET or its licensor(s). SBET and all other marks identifying the products or services of SBET are proprietary trademarks of SBET, and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of SBET is hereby strictly prohibited.
Please see SBET’s Privacy Policy https://sbettoken.org/Privacy-Policy_SBET.pdf for more details on SBET’s collection and use of such location-based information or personally identifiable information. Your use of the SBET Platform and the collection of personally identifiable information by and through the SBET Platform is governed by the SBET Privacy Policy.
THE SBET PLATFORM IS PROVIDED ON AN “AS IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. SBET HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE APPLICABLE LAW. SBET ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SBET PLATFORM WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE SBET PLATFORM.
YOU ALSO EXPRESSLY ABSOLVE AND RELEASE SBET FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND SBET’S CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SBET BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE USE OF THE SBET PLATFORM, WITH THE DELAY OR INABILITY TO USE THE SBET PLATFORM, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THE SBET PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SBET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF SBET FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SBET PLATFORM SHALL NOT EXCEED FIVE HUNDRED DOLLARS (500) (CHF) OR THE AMOUNT PAID BY YOU TO SBET DURING THE TWELVE (12) MONTHS PRECEDING ANY CLAIM, WHICHEVER IS GREATER.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of SBET’s intellectual property or proprietary rights, may cause irreparable injury to SBET, whereby such injury would not be quantifiable in monetary damages, and SBET would not have an adequate remedy at law. In the event of such injury or potential for such injury you therefore hereby agree that SBET shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.
Any actual or attempted use of the SBET Platform by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the applicable law. SBET reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the SBET Platform (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the SBET Platform. SBET may share any User Information SBET obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. SBET will also disclose User Information as required by any court order and/or subpoena. In addition, SBET hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the SBET Platform, or any portion thereof, in order to protect the SBET Platform, SBET intellectual property, SBET, or the business interests of SBET and/or its members and affiliates.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the Estonia (“applicable law”). You agree to the personal jurisdiction by and venue in courts in Estonia and waive any objection to such jurisdiction or venue and further to a jury trial in any action. Any claim that you might have against SBET must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In any legal proceeding brought by SBET, SBET shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which SBET may be entitled. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this Agreement or contact SBET if you wish to receive a printed copy of this Agreement.
This Agreement will take (re-take) effect at the time you click “I ACCEPT”, download the SBET Platform or begin using the SBET Platform, whichever is earliest. This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of the SBET Platform. Termination will be effective without notice. In addition, SBET may in its sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all right(s) to use the SBET Platform shall immediately cease and you must promptly delete or destroy all copies of the SBET Platform in your possession or control. Sections 2, 6, 7, 12, and 14-22 will survive the termination of this Agreement.
SBET’s failure to insist upon strict performance of any of the terms and conditions of this Agreement by you will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
Additional notices, terms, and conditions may apply to the access or use of SBET’s other products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, SBET shall resolve any conflict in good faith in its sole discretion but this Agreement shall generally control with respect to accessing and using the SBET Platform.
You hereby agree that (a) this Agreement operates in addition to any terms of use imposed or required by Apple Inc., Google, Inc., Microsoft, Inc. or any other digital download platform from which you download the SBET Platform (“App Provider Terms”); and (b) the terms of this Agreement supplement and do not alter or amend any such App Provider Terms. No joint venture, partnership, employment, or agency relationship exists between you and SBET as a result of this Agreement or your utilization of the SBET Platform. Headings are for convenience only. This Agreement and SBET’s Privacy Policy found at https://sbettoken.org/privacypolicy represent the entire agreement between you and SBET with respect to use of the SBET Platform, and hereby supersede all prior and/ or contemporaneous communications and proposals, whether electronic, oral, or written between you and SBET. You may not assign, delegate, or transfer any rights under this Agreement without the prior express written consent of SBET, which may be withheld in SBET’s sole discretion.
SBET may update these terms and conditions at any time by posting or sending you a revised version of the Agreement and may do so without advance notice to you. Accordingly, please review the terms and conditions found at this location on a periodic basis. Each time you access the SBET Platform, you agree to be bound by the Agreement in effect at the time you access the SBET Platform. If you do not agree to the revised terms, do not use the SBET Platform.
• The head office of SBET.
• All branches of SBET.
• All staff and volunteers of SBET.
• All contractors, suppliers and other people working on behalf of SBET.
It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside the FADP. This can include:
• Names of individuals.
• Postal addresses.
• Email addresses.
• Telephone numbers.
• …plus, any other information relating to individuals (data subjects).
Data Protection Risks
This policy helps to protect SBET from some very real data security risks, including:
• Breaches of confidentiality. For instance, information being given out inappropriately.
• Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
• Reputation damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.
Responsibilities
Everyone who works for or with SBET has some responsibility for ensuring data is collected, stored, and handled appropriately. Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles. However, these people have key areas of responsibility:
• The board of directors is ultimately responsible for ensuring that SBET meets its legal obligations.
• Keeping the board updated about data protection responsibilities, risks, and issues.
• Reviewing all data protection procedures and related policies, in line with an agreed schedule.
• Arranging data protection training and advice for the people covered by this policy.
• Handling data protection questions from staff and anyone else covered by this policy.
• Dealing with requests from individuals to see the data SBET holds about them (also called ‘subject access requests’).
• Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
• The IT manager is responsible for:
• Ensuring all systems, services and equipment used for storing data meet acceptable
security standards.
• Performing regular checks and scans to ensure security hardware and software is
functioning properly.
• Evaluating any third-party services, the company is considering using to store or process data.
For instance, cloud computing services.
• The marketing manager, is responsible for:
• Approving any data protection statements attached to communications such as emails and letters.
• Addressing any data protection queries from journalists or media outlets like newspapers.
• Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.
Data Storage
These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.
When data is stored on paper, it should be kept in a secure place where unauthorized people cannot see it.
These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:
• When not required, the paper or files should be kept in a locked drawer or filing Cabinet.
• Employees should make sure paper and printouts are not left where unauthorized people could see them, like on a printer.
• Data printouts should be shredded and disposed of securely when no longer required.
When data is stored electronically, it must be protected from unauthorized access, accidental deletion, and malicious hacking attempts:
• Data should be protected by strong passwords that are changed regularly and never shared between employees.
• If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
• Data should only be stored on designated drives and servers and should only be uploaded to an approved cloud computing services.
• Servers containing personal data should be sited in a secure location, away from general office space.
• Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
• Data should never be saved directly to laptops or other mobile devices like tablets or smartphones.
• All servers and computers containing data should be protected by approved security software and a firewall.
Data Use
Personal data is of no value to SBET unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption, or theft:
• When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
• Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
• Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorized external contacts.
• Personal data should never be transferred outside the European Economic Area.
• Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.
Data Accuracy
The law requires SBET to take reasonable steps to ensure data is kept accurate and up to date.
The more important it is that the personal data is accurate, the greater the effort SBET should put into ensuring its accuracy.
It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.
• Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
• Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
• [SBET] will make it easy for data subjects to update the information SBET holds about them. For instance, via the company website.
• Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
• It is the marketing manager’s responsibility to ensure marketing databases are checked against industry suppression files every six months.
Subject Access Requests
All individuals who are the subject of personal data held by SBET are entitled to:
• Ask what information the company holds about them and why.
• Ask how to gain access to it.
• Be informed how to keep it up to date.
• Be informed how the company is meeting its data protection obligations.
If an individual contacts the company requesting this information, this is called a subject access request. Subject access requests from individuals should be made by email, addressed to the data controller at [email address]. The data controller can supply a standard request form, although individuals do not have to use this.
Individuals will be charged US $10 per subject access request. The data controller will aim to provide the relevant data within 14 days.
The data controller will always verify the identity of anyone making a subject access request before handing over any information.
Disclosing data for other reasons
In certain circumstances, the FADP allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances, SBET will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.
Providing information
SBET aims to ensure that individuals are aware that their data is being processed, and that they understand:
• How the data is being used.
• How to exercise their rights.
To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company. This is available on request. A version of this statement is also available on the project’s website.
Contact
In case you have any queries related to our data protection policy or any other matters related to personal data processing by SBET please contact us:
E-mail: info@sbettoken.org
