Conditions

Welcome to Street SKP. We publish augmented reality mobile experiences in the real world, including mobile gaming applications (“Apps”), and operate an augmented reality platform in the real world (“Platform”). Please read these Street SKP Service Terms and any applicable App guidelines, as these Terms govern your use of the App and the Platform. The Terms also govern your interaction with any websites we operate or own (“Sites”), the purchase of goods from Street SKP, participation in live events or promotions of Street SKP (“Events”), and, in general, your use of products or services from Street SKP (together with the Apps and the Platform, the “Services”).

These present Conditions are entered into between you and Street SKP Bsoft S.L., a company registered and authorized for commercial activity under Spanish law. Street SKP Bsoft S.L. is referred to as “Street SKP” or “we” in these Conditions. By using the Services, you indicate your agreement with these present Conditions. If you do not accept these present Conditions, you will not be able to use the Services. Street SKP reserves the right to modify these Conditions at any time, and in such a case, we will notify you by publishing the modified Conditions on the Site and in the App. It is important that you review the modified Conditions before continuing to use the Services. If you continue to use the Services, you will be bound by the modified Conditions. If you do not accept being bound by the modified Conditions, you will not be able to use the Services.

CLAUSE 13 “DISPUTE RESOLUTION” INCLUDES A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS THAT AFFECT YOUR RIGHTS.

In the event that you breach these present Conditions, we may take action against you, making use of the rights available to us, including the cancellation of your account. You acknowledge that Street SKP is not obligated to reimburse or return, nor will it, for Services that may have been lost due to the involuntary suspension or cancellation of your account.

Privacity

Our Services are designed for interaction within shared gaming worlds combined with real-world information. To provide you with the Services, we need information about you, and we will only use your information when we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it, and what options you have when using our Services.

Use of services

Traps

Street SKP prohibits cheating and we are constantly implementing measures to enhance our anti-cheating strategies. Cheating is understood as any act that attempts to alter, or actually alters or interferes with the normal behavior or rules of a Service. This includes, but is not limited to, any of the following behaviors, whether on your own behalf or on behalf of others:

• Unauthorized access to the Services (including the use of modified software or unofficial third-party software);
• Playing with multiple accounts in a single Service;
• Account sharing;
• Using any technique to alter or falsify a device’s location (e.g., GPS spoofing);
• Selling or exchanging accounts.

Apps may not function on devices that Street SKP detects or reasonably suspects of cheating, and Street SKP will not provide technical support to players attempting to cheat. You agree that Street SKP may employ any legitimate mechanism to detect and respond to cheating, fraud, and other prohibited behaviors under these Conditions, including checking your device for abuse or hacking mechanisms and/or unauthorized software. Please refer to our Privacy Policy for more information.

Safe and appropriate use

While using our Services, please be mindful of your surroundings and play and communicate safely. You agree that your use of the Services will be at your own risk, and you will not use the Services to violate any laws, regulations, policies of Events, or the instructions as outlined in these Conditions, nor will you encourage or enable anyone else to do so.

Furthermore, you agree that, in conjunction with your use of the Services, you will not provide or make available to others any illegal, inappropriate, or commercial Content (as defined later). You agree not to publish any content that is accurate, inaccurate, misleading, or inappropriate, including both data contributions and their editing or request for deletion.

Street SKP does not intend for its Apps to be considered medical or healthcare devices, nor does it provide medical or healthcare advice.

Your interaction with other people

You agree that, in connection with your use of the Services, you will maintain safe and appropriate contact with other players and individuals in the real world. You will refrain from harassing, threatening, or otherwise infringing upon the rights of others. You will abstain from trespassing or attempting to access any location or property where you do not have the right to be, as well as engaging in any activity that could cause death, personal injury, property damage, inconvenience, or any type of liability. If you have any disputes with any third party in connection with the use of the Services, you release Street SKP (and our administrators, officers, agents, affiliates, joint ventures, and employees) from any claims, demands, and damages (direct or indirect) of any kind and nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Account qualification and registration

You agree that you will not disclose your Account password to any other person and must immediately notify us of any unauthorized use of your Account. Street SKP takes its security obligations very seriously; however, you are responsible for all activities that occur in or from your Account, whether or not you are aware of them.

Account Suspension or Cancellation

We may suspend or terminate your access and use of the Services, at our sole discretion, at any time and without prior notice, including if (a) you violate these Terms; (b) we suspect any fraudulent behavior, cheating, or misuse by you of the Content or the Services; or (c) we suspect any other illegal activity in connection with your Account.

You can cancel your Account at any time via email: info@streetskp.com

Can users cancel their account?

Following the cancellation of the Services or your Account, the following provisions of these Terms will continue to apply: Ownership of Content, Rights granted by you, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Conditions, and this Cancellation clause.

Who can use our Services

Generally, children are not allowed to use the Services. A ‘Child’ is defined as a person (a) under the age of 13 (for residents outside the EEA); or (b) under the age of 16 or the age required to consent to the processing of personal data in the country of residence (for residents within the EEA).

Children who wish to play our games must be accompanied and supervised by an adult with the necessary authorization for this purpose.

We require parental or guardian consent for those services that children may use. Legal parents or guardians (‘Parents’) must be the purchasers of the service and accompany and be responsible for the children in their care.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, STREET SKP DISCLAIMS ALL LIABILITY REGARDING THE ACTIVITIES UNDERTAKEN BY A CHILD, WITH OR WITHOUT PARENTAL PERMISSION. IF YOU ARE A PARENT AND PROVIDE CONSENT FOR YOUR CHILD TO SUBSCRIBE TO ONE OR MORE OF THE SERVICES, YOU ACCEPT THE CONDITIONS RELATING TO YOUR CHILD’S USE OF THE SERVICES.

Limited license to use

Subject to your compliance with these Terms, Street SKP grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for personal, non-commercial use. Except as expressly permitted by these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Apps, (b) distribute, transfer, sublicense, lease, or lend the Apps to any third party, or (c) reverse engineer, decompile, or disassemble the Apps, nor (d) make the functionality of the Apps available to multiple users through any means. Street SKP reserves all rights in and to the Apps not expressly granted to you under these Terms.

Content and Content Rights

Subject to your compliance with these Terms, Street SKP grants you a personal, non-commercial, non-exclusive, non-transferable, non-licensable, revocable, and limited license to download, view, display, and use the Content solely for your authorized use within the Services. ‘Content’ shall mean text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. ‘User Content’ shall mean any Content that a user of a Service provides to be made available through the Services.

Content Ownership

Street SKP no reclama la titularidad de los derechos del Contenido de Usuario y nada de lo previsto en las presentes Condiciones restringe los derechos que le asisten para utilizar y explotar su Contenido de Usuario. Con sujeción a lo anterior, Street SKP y sus licenciantes tienen la titularidad exclusiva de todos los derechos, títulos e intereses en y sobre los Servicios y el Contenido, incluidos todos los derechos de propiedad industrial e intelectual relacionados. Usted reconoce que los Servicios y Contenido están protegidos por las leyes sobre derechos de autor, marcas registradas y demás leyes de España y del EEE. Usted se compromete a no eliminar, alterar ni ocultar ninguna de las advertencias de derecho de autor, marcas registradas, marcas de servicio u otras notas de derechos de propiedad que aparezcan en o acompañen los Servicios o el Contenido.

Rights granted by you

By making any User Content available through the Services, you grant Street SKP a non-exclusive, transferable, sublicensable, worldwide, royalty-free, and perpetual (or, if not permitted under applicable law, a license for the entire duration of the corresponding rights, including their extensions, under any applicable law) license to use, copy, modify, create derivative works based on, publicly display, publicly perform, market, promote, and distribute your User Content in connection with the operation and provision of the Services and the Content to you and others. By accepting these terms, you allow Street SKP to freely benefit from the mentioned rights, including but not limited to the following:

1. The right to reproduce the User Content in any medium and format.
2. The right to broadcast or make available, publicly or privately, the User Content (or any product that incorporates the User Content), for a fee or free of charge, in all locations, by any known or unknown means or procedure at this time, and particularly through the internet, pay-per-view, pay-to-play, radio or television broadcast, or in theater or cinema halls, DVD, and printed material.
3. The right to use the User Content for demonstration, promotion, and advertising of all Street SKP Services.
4. The right to produce or commission the production of any new product or service from the User Content or from any product that incorporates or exploits the User Content, either by reproducing it as it is or modified by Street SKP or any third party of its choice.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or have the necessary rights to grant us the license rights to your User Content as provided in these Terms. Also, you represent and warrant that neither your User Content, nor the use or provision of your User Content through the Services, nor Street SKP’s use of your User Content in or through the Services, infringes, violates, or misappropriates any third party’s intellectual or industrial property rights, nor publicity or privacy rights, nor constitutes a breach of any law or regulation. To the extent permitted by applicable law, you also agree not to exercise your moral rights (or equivalent rights under applicable law), such as your right to be identified or recognized as the author of the User Content, against Street SKP or any third party designated by Street SKP.

Contributions

You can provide input, feedback, and suggestions to enhance the Services by contacting us through social media or support channels. Contributions constitute a form of User Content.

5.6 Digital Millennium Copyright Act (DMCA) / Copyright Policy

It is Street SKP’s policy to terminate, under appropriate circumstances, the accounts of users who infringe or are believed to infringe the rights of copyright holders.

Street SKP Conduct, General Prohibitions and Enforcement Rights

Here is the translation to English:

“You agree that you are responsible for your own conduct and User Content when using the Services, and for the consequences thereof. Additionally, you agree to refrain from engaging in any of the following behaviors, unless applicable legislation requires it or grants you the right to do so:

• Collecting, storing, or sharing any personally identifiable information of other users of the Services without their express permission.
• Extracting, copying from the screen, or indexing the Services or the Content (including information about users or games).
• Using the Services or Content, or any part thereof, for any commercial purpose or in a manner not permitted by these Conditions, including: a) collecting items or resources from the Apps for sale outside the Apps, (b) providing services in the Apps for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account.
• Attempting to access the Services or Content or performing searches or downloading Content from the Services using any technology or means other than those provided by Street SKP or other publicly available third-party web browsers (including, for example and without limitation, automation software, bots, spiders, crawlers, data extraction tools, hacking tools, and other tools, agents, engines, or devices of any kind).
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the programs used to provide the Services or Content.
• Bypassing, removing, disabling, deactivating, decoding, or otherwise circumventing any technological measure applied by Street SKP, its providers, or any other third party (including another user) to protect the Services or Content.
• Using, displaying, mirroring, or framing the Services or any individual element within the Services, the name of Street SKP, any trademarks, logos, or other information owned by Street SKP, or the configuration and design of a page or App without the written consent of Street SKP.
• Publishing, sending, disseminating, or transmitting any Content that infringes, violates, or appropriates any patent, copyright, trademarks, trade secrets, moral rights, or other intellectual property rights, or rights of publicity or privacy, of third parties.
• Accessing, manipulating, or using non-public areas of the Services, Street SKP’s computer systems, or the technical delivery systems of Street SKP’s providers.
• Attempting to test, scan, or probe the vulnerability of any system, Street SKP network, or any Service, or to breach security or authentication measures.
• Using meta tags or other hidden text or metadata using any trademark, logo, URL, or product name of Street SKP without prior written consent.
• Fabricating any TCP/IP packet header or information that forms part of it in an email or post on a news group, or in any way using the Services or Content to send altered, misleading, or false information about the source identification.
• Interfering or attempting to interfere with a user’s, host’s, or network’s access, including but not limited to, sending viruses, data overloading, spamming, or email bombing.
• Deleting, hiding, or otherwise altering attribution notices, warnings, or links appearing in the Services or Content.
• Violating any applicable legal or regulatory provisions; or
• Encouraging or enabling any other person to engage in any of the above behaviors.

While Street SKP is not obligated to monitor access to the Services or Content or their use, or to review or edit the Content, we reserve the right to do so in the course of operating the Services, to ensure compliance with these Conditions and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content at any time and without prior notice. Street SKP may remove any Content deemed questionable or in violation of these Conditions. We reserve the right to investigate violations of these Conditions or behaviors that affect the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and those who violate the law.

ANY ATTEMPT ON YOUR PART TO CAUSE DISRUPTIONS OR INTERFERE WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY WEBSITE OR APP, CONSTITUTES A VIOLATION OF STREET SKP’S CONDITIONS AND MAY CONSTITUTE A VIOLATION OF CIVIL AND CRIMINAL LAWS.

Participation in Events

Registration and tickets to Events

Conducting and policies of Events

You must comply at all times with applicable legal and regulatory provisions and policies provided by Street SKP or any other authorized party involved in the creation or execution of the Event, including all health and safety policies and procedures and all reasonable instructions from the venue staff or representatives of Street SKP. As a condition of participation, you agree to comply with all policies outlined on the websites, including, but not limited to, those on the specific Event’s website.

Illegal drugs, controlled substances, smuggling, weapons, and all types of illegal items are prohibited at the Events. You agree and accept that reasonable security precautions, including searches upon entry, will be undertaken. To the fullest extent permitted by applicable law, you waive and release Street SKP and any other party involved in the creation or execution of the Event from any claims, demands, causes of action, damages, losses, expenses, or liabilities arising out of or in any way related to such security measures and searches. If you choose not to consent to these precautions and searches, entry may be denied, or you may be removed from the Event without any right to refund or compensation.

Street SKP and its authorized third parties reserve the right to deny admission to an Event or to remove, without refund or compensation of any kind, any person who

(a) fails to comply with these Conditions,

(b) engages in disorderly or malicious conduct, or

(c) in the judgment of Street SKP or its authorized third parties, causes a negative impact on the Event, participants, spectators, or staff.

Minors attending an Event must be accompanied by a guardian.

Risk Assumption

Unless prohibited by applicable law, you agree that, by purchasing tickets, participating, or attending an Event, you voluntarily and knowingly assume all risks that may arise before, during, or after the Event, including damage caused by any cause, and damages, losses, or theft. You acknowledge that Events, and certain activities conducted at Events, involve inherent and unforeseeable risks, including but not limited to (a) contact or collision with people or objects, (b) obstacles (e.g., natural and artificial waters, road and surface hazards), (c) equipment-related hazards (e.g., malfunctioning, defective, or inadequate equipment, unexpected equipment failure), (d) weather risks, (e) inadequate emergency or first aid measures, (f) judgment or behavioral issues (e.g., erratic or improper behavior of participants, co-participants, or spectators, judgment errors by Event staff), and (g) natural risks (e.g., uneven or challenging terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before attending or participating in an Event or engaging in its activities, such as consulting a personal physician to ensure good physical health, wearing appropriate clothing, and carrying necessary or recommended supplies. You understand and acknowledge that it is your responsibility to inspect the grounds, premises, facilities, equipment, and areas to be used at the Event, and by participating in the Event, you acknowledge that the grounds, premises, facilities, equipment, and areas to be used are safe, suitable, and acceptable for your participation. If you believe or become aware of unsafe conditions or excessive or unjustifiable risks, you agree to immediately notify the appropriate personnel and cease participation in the Event.

To the extent permitted by applicable law, you waive and release Street SKP and any other party involved in the creation or execution of the Event from any claims, demands, causes of action, damages, losses, expenses, or liability that may arise from or in connection with your attendance or participation in an Event, including but not limited to negligence, inherent and unforeseen damages or injuries to persons or property, as well as actions by third parties or Event participants or spectators.

Characteristics of the Events and cancellation of these

Subject to applicable law, the schedules, live or in-game experiences, activities, items, services, privileges, matches, rewards, and/or Content (collectively, “Event Features”) advertised in connection with an Event are not guaranteed and are subject to change or cancellation at any time before or during the Event, without prior notice or any form of compensation. Admission to an Event does not guarantee the presence of any Event Features.

The date, time, and venue of the Event are subject to change at any time, and Street SKP will reasonably endeavor, from a business perspective, to provide advance notice of any significant changes. If an Event is canceled, suspended, or rescheduled and you are unable to attend, this does not entitle you to any compensation beyond the refund of the ticket price at its face value, without seeking any further liability or compensation from Street SKP or any other party. Any incurred travel or accommodation expenses are your sole responsibility.

Recordings and use of appearances

You consent to and agree that Street SKP may record your image, appearance, name, dialogue, biographical information, personal characteristics, and voice at the Events, as well as use this information freely without payment of royalties, subject to the provisions outlined above in ‘Rights Granted by You.’ Street SKP is authorized to publish the results of any competition (including rankings and winners), match or game statistics, and photographs of participants in promotional and marketing materials, as well as on social media, in accordance with these Conditions.

Sweepstakes, contests, raffles, surveys and similar promotions

Periodically, Street SKP or its partners may organize sweepstakes, contests, raffles, surveys, games, and similar promotions within the Services (each, a ‘Promotion’). In addition to these Terms, Promotions will be subject to specific conditions that we will communicate to you at the time of the corresponding promotion (‘Promotion Conditions’). By participating in any Promotion, you are bound by these Promotion Conditions. All Promotion Conditions are incorporated into these Terms, although they may differ and take precedence in the event of any discrepancies. Street SKP urges you to read the Promotion Conditions. The Privacy Policy, in addition to these Terms and the Promotion Conditions, governs all information you provide in connection with such Promotions.

Beta tests

Street SKP may offer you early access to certain pre-release software of a mobile application (‘Beta Software’) so that you can test it and provide feedback within Street SKP’s beta testing program (‘Beta Program’).

You acknowledge that the product features or content, game documentation, promotional materials, and/or any other information that Street SKP may provide you in connection with the Beta Program (‘Test Materials’), the Beta Software, as well as the entire Beta Program, are the exclusive property of Street SKP, are confidential, and must be treated as confidential until released by Street SKP.

If Street SKP grants you access to the Beta Software, subject to your compliance with these Terms, Street SKP grants you a personal, non-exclusive, non-transferable, revocable, and limited license to use the Beta Software solely for testing purposes and providing feedback on the Beta Software within the Beta Program.

Without limiting the above and unless prohibited by applicable law, you are prohibited from and may not:

• Copy, modify, or create derivative works based on the Beta Software;
• Assign or sell the Beta Software to anyone;
• Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code of the Beta Software;
• Install the Beta Software on systems you do not directly control or share with others;
• Discuss the Beta Software with, or demonstrate it to, anyone other than Street SKP;
• Comment in a blog, tweet, or otherwise publish information about the Beta Software;
• Take images, photos, videos, or audio recordings of the Beta Software unless expressly permitted in writing by Street SKP; or
• Make Beta Feedback (as defined below) available to any third party unless approved in writing in advance by Street SKP.

Exercise caution when using the Beta Software in public. Do not allow anyone to view, listen, film, or photograph the Beta Software. Immediately notify Street SKP of any unauthorized access or suspected account security breach.

Street SKP is authorized to collect your comments, suggestions, and opinions about the Software, and may also track your use of the Software through analytical tools, in accordance with Street SKP’s Privacy Policy. All such comments, suggestions, opinions, and analytical data (together, ‘Beta Feedback’) are the exclusive property of Street SKP.

You understand and agree that participation in the Beta Program is voluntary and does not create a partnership, agency, or employment relationship between you and Street SKP, and you will not receive any compensation for your participation or any Beta Feedback.

Unless prohibited by applicable law, all Test Materials are provided to you ‘as is’ without any express or implied warranties of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other issues that could cause data loss and/or system failures. You should install the Beta Software on non-production devices that are not critical to business and have backups available. To the extent permitted by applicable law, Street SKP shall not be liable for any damages you may incur as a result of your participation in the Beta Program.

You agree that any breach of your confidentiality obligation may cause irreparable harm to Street SKP, the extent of which would be difficult to ascertain, and that monetary damages are not an adequate remedy. Therefore, you agree that in the event of a breach of your confidentiality obligation, Street SKP shall be entitled to seek injunctive or other equivalent relief that the court deems appropriate, in addition to any other remedies available to it.

Sitios web o recursos de terceros

Los Servicios pueden contener enlaces a sitios web o recursos de terceros. Street SKP proporciona estos enlaces solo para su comodidad y no se hace responsable del contenido, productos o servicios que aparezcan o que estén disponibles en dichos sitios web o recursos, o de los enlaces que se muestren en dichos sitios web. En la medida permitida por la legislación aplicable, usted reconoce que es responsabilidad exclusiva suya, y asume todo el riesgo que se derive de, el uso por su parte de sitios web o recursos de terceros.

Street SKP no se hace responsable de la disponibilidad o calidad de los servicios de terceros, lo que incluye las redes de teléfonos móviles, las zonas con cobertura inalámbrica, el Internet inalámbrico (Wi-Fi) y demás servicios. Estos servicios de terceros pueden afectar a su capacidad para utilizar los Servicios o participar en un Evento, y usted renuncia en este acto y exonera a Street SKP y a cualquier otra parte que participe en la creación o la prestación de los Servicios, frente a cualesquiera reclamaciones, demandas, causas de pedir, daños y perjuicios, pérdidas, gastos o responsabilidades que se deriven o que puedan surgir con ocasión de, o que se refieran en cualquier modo a, dichos servicios de terceros.

Exclusion of guarantees

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.

YOU ASSUME ALL RISKS RELATED TO YOUR COMMUNICATIONS, WHETHER ONLINE OR OFFLINE, AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER INDIVIDUALS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT STREET SKP DOES NOT APPLY ANY FILTERS OR CONDUCT ANY BACKGROUND CHECKS ON USERS OF THE SERVICES. STREET SKP MAKES NO REPRESENTATION AND PROVIDES NO WARRANTY REGARDING THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE THAT YOU MUST EXERCISE REASONABLE PRECAUTIONS IN ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER INDIVIDUALS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, ESPECIALLY IF YOU DECIDE TO PHYSICALLY MEET SUCH PERSON.

Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER STREET SKP NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES OR CONTENT SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, DAMAGE TO EQUIPMENT, OR SYSTEM FAILURE, NOR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO, THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES OR CONTENT, OR ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR INDIVIDUALS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF STREET SKP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE COUNTRY IN QUESTION.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STREET SKP’S ENTIRE LIABILITY ARISING OUT OF OR ARISING OUT OF THESE TERMS

Conflict resolution

DO YOU AGREE THAT DISPUTES BETWEEN YOU AND STREET SKP SHALL BE RESOLVED THROUGH INDIVIDUAL AND BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING?

Arbitration

You agree that you will submit any dispute between you and Street SKP to arbitration in accordance with the terms set forth in this ‘Dispute Resolution’ clause as of the date you accepted these Terms (or accepted any subsequent changes to these Terms).

Generalities

Exhaustiveness of the contract

These Terms constitute the entire and exclusive agreement and understanding between Street SKP and you regarding the Services and Content, and these Terms supersede and prevail over any prior agreements or understandings, whether oral or written, between Street SKP and you concerning the Services and Content.

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Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be applied to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force. You may not assign or transfer these Terms, whether by operation of law or otherwise, without the prior written consent of Street SKP. Any attempt by you to assign or transfer these Terms without such prior consent will be null. Street SKP may freely assign or transfer these Terms without restriction, and the assignor shall not be jointly liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Force Majeure

Neither Street SKP, nor any user, nor any other party involved in the creation, production, or delivery of the Services or Content shall be liable for damages, injuries, non-performance, or delays due to force majeure, weather conditions, fire, flood, acts of terrorism or foreign enemy, satellite or network failure, government order or regulation, commercial disputes, or any other cause beyond their respective control.

Notifications

Notifications or other communications provided by Street SKP under these Terms, including modifications to these Terms, shall be made by posting them on the Services.

Waiver

The failure of Street SKP to exercise any right or provision of these Terms shall not be deemed a waiver of such right or provision. Waiver of any of such rights or provisions shall be effective only if it is in writing and signed by a duly authorized representative of Street SKP. Except as expressly provided in these Terms, the exercise by either party of the rights under these Terms shall be without prejudice to any other remedies available under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Street SKP at info@streetskp.com or write to c/ Castaños 9, 1º B, 48007 Bilbao, Spain.

Booking Process

The client must complete a form with some personal and payment information. This allows registration and activation in our system with a username (email address). The submission of purchase data is done in a completely secure manner. You will notice the closed padlock icon in your browser indicating the security of your purchase data. For the safety of your data, we recommend taking the following precautions:

• Always use our SSL security system.
• Do not provide your user data or password to third parties.
• Once the procedures are completed in the secure area, we recommend logging out of the browser session.

Shopping cart

The customer adds the products they want to purchase to the shopping cart.

Booking

Once the desired adventure is selected, the reservation must be confirmed, and the customer’s identification is requested (if previously registered). If the customer is new, they are prompted to enter their details, with an option to register the information. Street SKP is an outdoor game, adverse weather conditions are part of its characteristics, so except for force majeure, no reservation will be canceled for this reason. Street SKP will determine what constitutes force majeure and notify users who have reserved the application.

Reservation Confirmation

The confirmation of the reservation will be sent via email/message to your device/email address.

Cancellation of Reservation

In case of wanting to cancel the reservation, please contact us as soon as possible through our email info@streetskp.com. If the cancellation occurs before 48 hours of the activity start time, there is an option to reschedule for another day and time or receive a full refund. If the cancellation occurs between 48 hours and 24 hours before the activity, rescheduling for another day and time is allowed, but a refund will not be processed. If the cancellation occurs within 24 hours or less before the activity, neither rescheduling nor refund will be possible.

Gift voucher

To use PROMOTIONAL CODES, you’ll need to make a reservation as usual. When entering your personal information, before making the payment, you’ll have a box to enter the promotional code. This action will directly apply the discount to the reservation amount.

Prices

The purchasing system complies with current legislation in Spain. The prices to be applied are indicated on the website at the time of booking, and the company informs you via email of the total price of the activity. The company reserves the right to modify prices at any time without prior notice.

• Debit or Credit Card (a secure payment method), Bizum, and PayPal

• The company will only charge the amount of the reservation without additional fees or commissions.

• In case of force majeure or technical failure, the company will be obliged to suspend it. The company commits to informing the team of this situation via email or phone as soon as possible. In that case, the company will either reschedule the reservation for another available date or proceed with a full refund of the activity amount. If this situation arises during the course of the activity, the same procedure will be followed, or there will also be the possibility of continuing the activity later.

Insurance

Street SKP has the necessary/mandatory insurance for the performance of its activity.