Terms of Use and Privacy Policy

SuperBru Terms and Conditions

THESE TERMS AND CONDITIONS ("Terms") govern your access and usage of the information and materials as located in this website (www.superbru.com) ("the Website"). Your access and use is predicated on your acceptance of the Terms. Accordingly, by accessing this Website and using the contents therein, you are deemed to have accepted and agreed to the Terms.


Abbreviations and Definitions

"SuperBru" is the trading name of a sports prediction game owned and operated by SportEngage Ltd, a company registered in England with company number 07130756, whose registered office is at 64 Kimber Road, London, SW18 4PP;
"Content" refers to any content, emails, messages, photos or Profiles submitted or sent by Users to SuperBru or its employees or its agents, through their Use of the Website;
"You" or "Your" refers to the User accessing the Website.
"Profile" refers to any information held by SuperBru about a User, such information having been submitted by either (i) the User to whom the information relates, or (ii) another User, permission having been obtained by SuperBru from the User to whom the information relates prior to such User's information being made available to other Users;
"Terms" refers to the terms and conditions set out herein;
"User" refers to any person who registers their details with the Website and thereby agrees to comply with these Terms;
"Website" refers to the website www.superbru.com and any subsidiary websites on the superbru.com domain
"Use" refers to registering and updating Profiles, viewing at the Profiles of other Users, contacting other Users, SuperBru or its employees and / or its agents;


SuperBru

1. The Website is owned and managed by SportEngage Ltd
2. SuperBru can be contacted by writing to SuperBru, 64 Kimber Road, London, SW18 4PP or by email at admin@superbru.com

Registration

3. For the avoidance of doubt, you are responsible for providing and paying for the means of accessing the Website.
4. By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
5. By registering with the Website you warrant that you do not (a) have a previous and/or pending criminal conviction; or (b) have or have had a restraining order made against you by the courts of any jurisdiction. You acknowledge that SuperBru undertakes no screening of its Users and therefore User shall take all appropriate precautions when making contact with other Users of the Website.
6. SuperBru shall decide at its sole discretion and opinion on whether to accept any Content, including Profiles. In the event that any Content is not accepted by SuperBru, SuperBru may write to you to explain the reasons for this, but shall be under no obligation to do so.

Website Usage

7. Use of the Website shall be for the purpose of playing the sports prediction game only.
8. Your use is personal to you and may not be transferred to any individual.
9. You shall comply with all relevant and applicable laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
10. You shall not provide your access details to any individual. In the event that another individual accesses the Website due to your having provided your access details, you shall be liable for this individual's access.
11. You must not provide any false information in respect of your name, email address, age, location or any other such details to SuperBru and other Users of the Website. In the event that SuperBru has reason to suspect that you have provided such false information, SuperBru reserves the right to terminate your Use of the Website and/or disable your Profile.
12. The email address with which you register your Profile must be an active, valid email address that is able to receive email and which is controlled by you.
13. You must not create more than one profile for the purposes of using the Website.
14. In the event that SuperBru, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website including, without limitation, submitting an inappropriate Profile, collecting usernames and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of, or linking to, the Website or sending abusive, harassing or threatening communications to SuperBru, its agents and or its employees, SuperBru reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website; in the case of illegal Use, instigating legal proceedings, and in the case of submitting an inappropriate Profile, disabling such Profile without any notice to you. If we find that illegal activities have been undertaken, we reserve the right to report to the appropriate authorities.
15. You are solely responsible for any Content that you publish or display on the Website or that you transmit to other Users.
16. In the event that SuperBru, in its sole discretion, considers that any Content violates these Terms or is offensive or illegal or has the potential to violate the rights of, harm or threaten the safety of other Users, SuperBru reserves the right to take any action that it deems necessary, including, but not limited to, disabling such Profile, deleting such Content, restricting your usage of communication features on the Website or terminating your Use of the Website. Some examples of the types of Content that SuperBru considers violate these Terms are any Content that:
    1. expresses or implies that any statements made by you are endorsed by SuperBru;
    2. impersonates any person connected to this web site or any service provided on it or otherwise misrepresents your association with any such person;
    3. promotes homophobia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    4. bullies, harasses or advocates harassment of another person;
    5. displays pornographic or sexually explicit material of any kind;
    6. provides material that exploits people under the age of 18, or solicits personal information from any person under the age of 18;
    7. promotes any conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes any illegal activities;
    9. promotes illegal or unauthorised copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
    10. provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
    11. contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
    12. solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;
    13. involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
    14. promotes information that you know to be false or misleading;
    15. contains inappropriate Profile e.g. names or contact details;
    16. engages in commercial activities including but not limited to sales, promotion or marketing of any kind, without the prior written consent of SuperBru.
17. As a result of publishing or displaying any Content on any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to SuperBru an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by SuperBru and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content.
18. You are solely responsible for your interactions with other Users. SuperBru reserves the right, but has no obligation, to monitor any dispute between you and another User.
19. SuperBru reserves the right to make changes to the Website from time to time without any prior notice to Users, provided that such changes have no material adverse effect on the quality of the service provided to Users.
20. In the event that SuperBru denies you access to the Website on a permanent or temporary basis for any reason, you shall be notified by email and must then not attempt to use the Website under any other name or through any other User. If a Profile is disabled due to inappropriate Profile, SuperBru shall not notify such User.
21. SuperBru will operate the Website with the reasonable skill and care of an online service provider based on the relevant industry standard.
22. SuperBru will use reasonable endeavors to maintain the operation of the Website; however it may be necessary to temporarily suspend the Website for operational reasons, including but not limited to repairs, planned maintenance or upgrades. SuperBru will use reasonable endeavors to restore the Website as soon as possible after any suspension. SuperBru shall not be liable to you for any such suspension.

Term and Termination

23. These Terms will remain in full force and effect while you are a User of the Website.
24. You may cease to be a User at any time, for any reason, effective upon receipt by SuperBru of your email notice of termination, sent to the e-mail address detailed in clause 2.
25. SuperBru may at any time, terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website on provision of reasonable notice.
26. SuperBru may terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website with immediate effect in the event that you have breached these Terms.
27. SuperBru will send you notice of any termination to the email address provided by you during your registration or such other email address as you provide to us.

Intellectual Property

28. The intellectual property (copyright, trademarks, patents, design rights etc) associated with the functionality and design of the Website is either owned by or licensed to SuperBru. The intellectual property (copyright, trademarks, patents, design rights etc) associated with the Content is either owned by or licensed to SuperBru or owned by a User.
29. You are expressly prohibited from:
    1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
    2. removing, modifying, altering or using any registered or unregistered marks/logos owned by SuperBru, including but not limited to the mark "SUPERBRU" and the logos associated with the Website,
    3. Doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to SuperBru without first obtaining the written permission of the owner of the intellectual property.
30. Please read our copyright notice for further details.

Disclaimer

31. SuperBru is not responsible for the conduct of Users either online or offline. Please use caution and common sense when using the Website.
32. The Content may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by SuperBru and, to the maximum extent permitted by law, SuperBru shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the information provided on the Website.
33. The Website may contain errors and, from time to time, may not be accessible by Users. The information provided on the Website by SuperBru is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
34. The Website displays the dates, times, locations, teams and other information relevant to sports events on which the prediction game is based. SuperBru will use reasonable endeavours to ensure that these data are accurate, but shall not be liable to you for any inaccuracy of these data, and shall not provide any recourse for decisions taken by you on the basis of inaccurate data.

Warranties, Liabilities and Indemnity

35. To the maximum extent permitted by law, SuperBru shall not be liable for any loss, injury or damage caused in whole or part by, or failures, delays, interruptions or otherwise of, the provision of the Website services; and shall not be liable for any direct, consequential, incidental, liquidated or special losses or damages, arising out of, or relating to the use or inability to use, the information provided on the Website or any decision made or action taken in reliance or partial reliance on the information provided on the Website.
36. SuperBru cannot guarantee and does not promise any specific results from Use of the Website. To the maximum extent permitted by law, SuperBru expressly excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Website, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise.
37. Where you believe you have a claim or right of action against any other User arising from that User's Use of the Website, you agree to pursue such claim or action independently of and without any demands on SuperBru, and you release SuperBru from all claims, liability and damages arising from or in any way connected to such claim or action.
38. In the event that a claim or action is brought against SuperBru arising from your activities or Use of the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend SuperBru in the claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow SuperBru to assume the exclusive defense and control of the matter.

Data Protection and Privacy Policy

39. SuperBru is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Website. SuperBru's privacy policy is found below.
40. Links to third party websites may appear on the Website. Such third party websites are not the responsibility of SuperBru and SuperBru accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.

Changed Terms

41. SuperBru may alter or amend our terms and conditions by giving reasonable notice. By continuing to Use the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these terms and conditions. If, on receipt of such notice, you wish to terminate your agreement with SuperBru you may do so by giving SuperBru not less than seven (7) days' notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.

Law and Jurisdiction

42. These Terms shall be governed by and construed in accordance with the laws of England.
43. You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.

Rights of Third Parties

44. These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.

Other Terms and Conditions

45. You may print and keep a copy of these Terms, which form the entire agreement between you and SuperBru and supersede any other communications or advertising with respect to the Website.
46. Failure by SuperBru to enforce these Terms does not constitute a waiver of such right.
47. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
48. SuperBru shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of SuperBru. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, and riots, acts of war, earthquakes, fire and explosions.

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SuperBru's Privacy and Personal Data Notice ("Policy")

SuperBru is a social sports prediction game website and as such holds your personal data. Such data as included in your profile are available to other users of the Website (www.superbru.com). If you send a message through our service, the personal data contained within that message will be shared with the recipient of that message. Certain data is shown by default on your player profile page to other Users including but not limited to your name, nationality, city and country of residence, favourite team, year of birth, occupation and ancilliary details such as favourite venue for watching sports. All personal contact data (your email address and postal address) that we process are kept confidential on our secure database. We will use your personal data to provide you with our services (including approving your profile and photograph(s), communicating with you regarding your membership and responding to complaints), for administration and accounting, for marketing and to ensure that the content and services that we offer are tailored to your needs and interests.

We will store your personal data for as long as you are a registered user. After you cease to be a registered user we will keep your personal data on our records for such reasonable periods to undertake any administrative matters in relation to your account e.g. customer queries etc.. Thereafter any storage or processing of your personal data shall be done solely as permitted by law. In addition we will store such data where we reasonably consider that such storage is essential in the investigation and prevention of criminal activities and/or to protect the safety of our users.

Your provision of your personal data shall imply your agreement that we may store and process sensitive personal data (including without limitation, your email address and postal address) solely for the above mentioned purposes. You also consent to our transferring your personal data to countries or jurisdictions that do not provide the same level of data protection as is provided in the United Kingdom provided however this is solely for the purposes as set forth herein.

If you have provided us with data about another person, you confirm that they are above the age of consent in the relevant jurisdiction and of the valid legal mental capacity to enable them to grant their consent for us to store and process their personal data including their sensitive personal data; and that you have notified them of our identity, contact details and the purposes for which we have stored or process their personal data.

We take appropriate measures to ensure that your personal data is kept secure and is kept for only so long as is necessary for the purpose for which it is used. We only hold such personal data about you as you have provided to us and we update this personal data within 10 working days of any new personal data being provided to us, to ensure that the personal data we hold about you is as accurate and up to date as possible.

We link to a variety of other sites and we display advertisements from third parties on our site. We are not responsible for the privacy policies of these sites and third party advertisers, or for the way in which information about their users is treated. In particular, unless expressly stated, we are not agents for these sites or advertisers, nor are we authorised to make representations on their behalf.

You are entitled to ask for a copy of any personal data that we hold about you (for which we may charge a small fee) and to have any inaccuracies in your personal data corrected.

For quality control and training purposes, we may monitor or record your communication with us.

We allow third-party companies like LiveRamp to collect certain information when you visit our website or within our email newsletters. The purpose of LiveRamp's service is to help brands use their data to improve customer interactions on any channel and device. LiveRamp may place a cookie and use a de-identified, non-human readable version of your email address for matching to other data about you to improve the relevance of online advertising and personalisation. Never is your actual email address shared with LiveRamp. To learn more or opt out of LiveRamp click here: http://liveramp.uk/service-privacy-policy/

SuperBru Cookies
We may store information about you in a cookie (a small file that is sent by our web server to your computer), which we can access when you make return visits to the site. Sending cookies is usual practice for any site that needs to remember what its Users' preferences are and we use cookies to keep track of your choices in this site (such as login or registration identification, login time, user preferences etc.)

Please read these Terms in conjunction with our cookie policy.

Advertiser Cookie and Privacy Policies We use third-party advertising companies to serve advertisements when you visit SuperBru. These companies may use information (not including your name, address or email address) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and would like to know your options in relation to not having this information used by these companies, click here.

Please read these Terms in conjunction with our cookie policy.

If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory in which cookies are stored. If you want to stop cookies being stored on your computer in the future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu.

Please note that when you visit our site, we may also log your IP address, a unique identifier for your computer or other access device.

Third Party Websites
Please note that in a number of places on the Website, you may click onto a link that brings you to another website. Such websites may not be operating under the same privacy policy as contained herein. Please refer to the appropriate privacy notices or terms of use as found in these websites for details of their privacy policies.

Changes to the Policy
We reserve the right to modify this policy from time to time without providing you any notice to ensure that this Policy remains inline with then current legislation and industry practices.

If your personal details change, please log in to the Website and update your details. If you have any queries about how we use your personal data, please contact our Customer Services Team at admin@superbru.com.