Terms & Conditions

KOGNIA SPORTS INTELLIGENCE WEBSITE TERMS OF USE

These Terms of Use (“Terms”) issued on behalf of Optima Sports Systems, S.L. (“Optima”, “us”, “we” or “our”). Optima is a Spanish organization that gives services all around the world including the US, UK, Europe, Asia, South America and Australia.

In accordance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), the identification details of the service provider are set out below.

Titular: Optima Sports Systems, SL. Registered in the Company Register of Barcelona, Volume 45527, Folio 219, page B-490764, 1st entry

CIF: B66838897

Address: Calle Bellpuig, 13 Llinars del Valles CP: 08450

Telf: +34 938 325 517

Email: [email protected]

Please read these Terms carefully before using the www.kogniasports.com (“Website”). By accessing and using the website, you expressly agree to comply with these Terms. If you do not agree with any part of the Terms, please do not use the Website.

For general information about how we may use your personal information, please see our Privacy Policy.

We reserve the right, and may need, to update these Terms from time to time by updating this page. We would encourage you to come back and review it from time to time. By using the Website after we have made such updates, you agree to be bound by the revised Terms.

Optima retains the right to deny access to anyone who we believe has violated any of these Terms.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

The Website is controlled and operated by Optima. All material on the Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyright, trademarks, and other intellectual property rights which are owned and controlled by Optima or by other parties that have licensed their material to us. Likewise, all commercial names, brands or distinctive signs of any kind contained on the web are protected by law.

Material on the Website is solely provided to you for personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, commercialized, exploited, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is strictly prohibited. 

The user, only and exclusively, can use the material that appears in this Website for his personal and private use, remaining prohibited his use with commercial aims or to incur illicit activities.

By virtue of the provisions of Articles 17, 21 and 99 of the Law on Intellectual Property, are expressly prohibited reproduction, distribution and public communication, including its method of making available, all or part of the contents of this Website, for commercial purposes, in any form and by any technical means, without the authorization of Optima. The user undertakes to respect the intellectual and industrial property rights owned by Optima.

Optima will watch over the fulfillment of the previous conditions as well as the proper use of the contents presented on its page, exercising all civil and criminal actions that correspond in the case of infringement or breach of these rights by the user.

LINKS

The Website may contain links to other third-party websites not owned by Optima (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. Optima is not responsible for the content of the Linked Sites, whether or not Optima is affiliated with sponsors of the sites. Optima does not in any way endorse the Linked Sites.

SUBMISSIONS

Any e-mails, notes, messages, billboards, ideas, suggestions, concepts or other material submitted on the Website will become the property of Optima throughout the world. We shall be entitled, consistent with our policies regarding privacy (including our Privacy Policy), to use the material or any of its elements for any type of use without limitation, including in any media whether now known or hereafter devised. When you or any other person authorized by you submits material to the Website, you agree that Optima has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to our Privacy Policy.

By using the Website, you warrant and represent that you will not submit or otherwise publish any content which: (a) libels, defames or invades the privacy of third parties, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to infringing anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify Optima and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

DISCLAIMER OF WARRANTIES AND LIABILITY

The materials on the Website are provided “as is” and without warranties in relation to the provision of the Websites. Neither Optima, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of the Website warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Optima or the server that makes them available are free of viruses or other harmful components. Optima will use all reasonable efforts and means to provide updated and reliable information on the website. Optima is entitled to suspend temporarily, and without previous notice, the accessibility to the web for maintenance, repair, updating or improvement operations.

The material that you read on the Website is provided solely for promotional and marketing purposes. Optima does not warrant or make any representations regarding the use or the results of the use of the materials in the Website in terms of their correctness, accuracy, reliability, or otherwise.

You expressly agree that, except for death and personal injury arising as a consequence of Optima’s negligence, neither Optima, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of the Website are responsible or liable to any person or entity whatsoever for any loss or damage whatsoever resulting from the use of the Website. By way of example, and without limiting the generality of the foregoing, Optima and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or the reliance upon or use of data, information, opinions or other materials appearing on the Website.

You expressly acknowledge and agree that Optima is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

The user is solely responsible for the infractions in which he or she may incur or for the damages that may be caused by the use of the web, leaving Optima, its collaborators, employees and representatives, exonerated from any kind of responsibility that could be derived from the user’s actions.

The user is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against Optima based on the use by the user of the website. In its case, the user will assume all the expenses, costs and indemnities that may be incurred by Optima due to such claims or legal actions.

GENERAL

The foregoing terms and conditions shall be governed by, construed and enforced in accordance with the Spanish laws. Unless a mandatory or peremptory rule of (international) law prescribes a competent court, any and all disputes arising out of or in connection with this Agreement shall be finally resolved by the Spanish tribunals, in particular the Courts and Tribunals of Barcelona. 

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms, as updated by us from time to time in accordance with these Terms, are the entire agreement between the parties relating to the matters contained herein.

DATE OF THESE TERMS

These Terms are dated March 25, 2020.