- OWNERSHIP AND OBJECT
- GENERAL TERMS & CONDITIONS OF USE
3.1. Registering: username and password
3.2. Other associated accounts
3.3. Incorrect use of the APP
3.4. Provision of content by the USER: license assignment and warranties
3.5. Other content
3.7. Legal Disclaimer
- OTHER CONDITIONS OF USE
- LINKS TO THIRD PARTIES
- PRICE AND METHOD OF PAYMENT OF CONTENT/SERVICES
6.2. Billing account
6.4. Automatic renewal
6.5. Reflection period
6.6. Change in pricing
6.7. Refund policy
6.8. Cancellation of services
6.9. Late payment
6.10. Payments to the user
6.11. Internet access services and charges
- INTELLECTUAL AND INDUSTRIAL PROPERTY
- PRIVACY & PERSONAL DATA PROTECTION POLICY
8.1. Scope and liable parties
8.2. Consent to use electronic means in communication with clients and users.
8.3. Obligations of the liable parties
8.4. User rights
- EXCLUSION OF WARRANTIES: LIMITED LIABILITY
- RIGHT OF THE COMPANIES TO MODIFY THE APPLICATION
- MODIFICATION TO THE TERMS & CONDITIONS OF USE
- INTERNATIONAL TERMS & CONDITIONS OF USE
- APPLICABLE LEGISLATION AND JURISDICTION
- OWNERSHIP AND OBJECT
These conditions (hereinafter referred to as Terms & Conditions of Use) regulate access to and use of the APP known as VIRTUAL ARENA (hereinafter referred to as the APP) to which the exclusive rights holder is the SOCIEDAD GENERAL DE PRODUCCIÓN Y EXPLOTACIÓN DE CONTENT S S.L. (hereinafter referred to as SOGEPEC) and the SOCIEDAD ESPAÑOLA DE FÚTBOL PROFESIONAL S.A.U. (SEFPSAU), (both parties jointly and hereinafter referred to as the COMPANIES).
The former, (SOGEPEC) having its registered place of business in Barcelona, Avda. Diagonal 177-183, and in possession of Spanish Tax ID Code Number B82758632, registered with Companies Register in Barcelona, Volume 38021, Sheet B-315376, Page 120, and the latter, (SEFPSAU) having its registered place of business in Madrid, Calle Hernández de Tejada nº 10, and in possession of Spanish Tax ID Code Number A-80945298, registered with Companies Register in Madrid Volume 8.319, Sheet 53, Section 8, Page number M-134135.
The COMPANIES hereby provide by way of this APP to the USERS those services which at all times are determined by them and which principally consist in access to content provided by the COMPANIES, either free or for payment, pursuant to the specific access conditions and requirements as indicated for each of these services, developed to be used on mobile devices running Apple iOS, Android OS or other similar operating systems, in addition to regular updates which the COMPANIES decide to make (hereinafter referred to as the SERVICES).
The use of this APP automatically attributes the condition of USER to any person who makes use of the APP and the acceptance and agreement of compliance with the Terms & Conditions of Use. It is thereby recommended that the USER should read these Terms & Conditions of Use carefully, in addition to any other terms or conditions regulating use of the APP or its environment, prior to using or accessing the APP.
The USER is aware of and voluntarily and expressly accepts that they are solely and exclusively responsible for the use of this APP.
By using these SERVICES, the USER declares that they are of “legal age” pursuant to legislation in their country of residence and accepts that they are obliged to adhere to and accept this Contract, or if the case may be, that one of the parents or legal guardians of the minor possessing an account associated with that of the USER, are obliged to adhere to and accepts this Contract in their name.
The COMPANIES are entitled to contact the USER, at any time, to acquire proof of their true age by way of providing a photocopy of their Passport or National Identity Card or similar document. In the event that the USER does not make the aforementioned documents available to the COMPANIES, these do hereby reserve the right to block access of the USER to the APP.
3.- GENERAL TERMS & CONDITIONS OF USE
3.1.- Registering: Username and Password
The COMPANIES reserve the right to request the Registration of the USER in order to access certain services or information in relation to the APP and its contents and to do this, the USER must be of legal age (without prejudice to the stipulations as per Clause Two of this contract). In order to carry out the registration process, just follow the instructions included therein as per the forms available from the “Registration” option.
All information provided by the USER by completing forms requested of them in order to access the functions of the APP to the aforementioned effect and whatsoever other affect, must be truthful. To this effect, the USER hereby guarantees the authenticity of all information communicated and will ensure information facilitated to the USER is correctly updated, in such a way that it responds at all times to the USER’s real situation. In any event, the USER is the sole person responsible and liable for any false or inaccurate declarations made by them and the damages these cause to the COMPANIES or to any third party for the information they provide.
When the USER creates an account they assign a username and password (hereinafter referred to as, the IDENTIFIERS) which allow the user to access their private account.
The IDENTIFIERS are individual and confidential. They can only be modified upon request of the USER or on the initiative of the COMPANIES.
The IDENTIFIERS assigned are individual and non-transferrable, and cannot be assigned to any third party, even on a temporary basis. To this effect, the USER agrees to make correct use and to keep confidential their assigned IDENTIFIERS, in order to access the APP and/or its contents. In the event that the USER should discover or suspect that their password has been lost, stolen or is being used by a third party, they must notify the COMPANIES as soon as possible of this fact.
The USER is liable for any costs incurred and damages caused as a result of the access to and use of the APP and/or the content to whatsoever third party and/or the content by any other third party who uses the USER’S IDENTIFIERS due to inappropriate use or loss thereof by the USER.
3.2.- Other associated accounts
For certain aspects of the SERVICES for the APP, it is possible to configure additional accounts which depend on your account (“associated accounts”). The USER agrees to accept the obligation under this Contract for whatsoever associated account (including those operated by minors) which are already in existence or created in the future and which the USER is responsible for whatsoever activity carried out with their account for the Service and whatsoever associated account. The USER agrees that the COMPANIES are entitled to take whatsoever measure as required affecting their SERVICES account in response to the activity of any of their associated accounts, which includes (i) limiting access to whomever to the SERVICES account or any associated account; (ii) limiting the number of devices from where the SERVICES can be accessed; (iii) and/or eliminating your SERVICES account or whatsoever associated account.
In the event that the USER permits access to or authorizes a minor to use an associated account:
- The USER declares that they are one of the minor’s parents or the minor’s legal guardian;
- The USER acknowledges that some characteristics of the SERVICES and some of the content available by way of the SERVICES may contain or expose the USERS to material which is not suitable for minors. The USER agrees to supervise use made by any minor who has been authorized by the USER or allowed to use the SERVICES. The SERVICES are not designed to be used by minors, people under 18 years of age, without adult supervision;
- If an associated account is used, the USER acknowledges that the titleholder of the SERVICES account has total control over their associated account. Said control includes the right to: (i) terminate the SERVICES; (ii) close or alter their associated account at any time; (iii) access or modify Parental Controls for the associated account; and (iv) receive notifications from the COMPANIES. In some cases, this control shall also include the control over purchasing options of the associated account and the possibility to request and receive information regarding the use of the device and the SERVICES in relation to the associated account and collect data associated with profile, use and activity regarding the associated account and to send this information to the SERVICES account holder.
3.3.- Incorrect use of the APP
The USER hereby agrees to make correct use of the APP and of the content which they can access by way of the APP and to refrain from using them in any way that might be deemed illegal or contrary to good faith and the legal framework; disseminate content or propaganda of racist or xenophobic nature, or illegal pornography, approval or justification of acts of terrorism or an attempt against human rights; causing harm to the physical or logical systems of the COMPANIES of their suppliers and providers or any third party, introduce or disseminate viruses or whatsoever physical or logical system which may cause any of the aforementioned harm or damages.
3.4.- Provision of content by the User: license assignment and warranties
In the event that the functioning of the APP allows the provision of content by the USER (in other words, opinions, observations, comments, graphic material, photographs, links, questions, suggestions, information, videos, audio files and any other material which the USER sends to the APP or transmits using the APP), the USER is required to provide the information as necessary regarding the origin and ownership of the content and the procedure by which the material has been obtained by the USER. This information must be truthful and verifiable in the event that the COMPANIES require proof thereof.
The COMPANIES shall freely and without commitment or undertaking decide which information should be made available to the public by way of the APP. In the event that the COMPANIES decide and open up the possibility to access content made available by the USERS by way of the APP, the USERS state herein that they are aware of and accept that, once content has been made available to other USERS via the APP, said content will be available to third parties in any part of the world and thereby the USER expressly releases the COMPANIES from liability for whatsoever complaint or claim resulting from this content.
The USER will remain the titleholder of the rights regarding their CONTENT, however, they must grant limited licensing rights to the COMPANIES and other USERS of the SERVICES. These rights are outlined in greater detail in subsection 3.4.1 of these Terms & Conditions (Rights granted by the USER under license).
3.4.1. - Rights which the USER grants under license
Any content generated by the USER is considered as not confidential and not of a private nature. The USER acknowledges and accepts that the COMPANIES only act as a passive channel for the distribution of content generated by the USER and as such, do not assume any liability and cannot be held liable by the USER or any third party regarding the content or the accuracy of the content generated.
In this respect, by providing the COMPANIES in the APP with this CONTENT, the USER expressly acknowledges that it has been acquired, produced and/or obtained directly by the party sending or uploading the material, in such a way as to possess all the rights necessary thereto, having sufficient entitlement to assign these to the COMPANIES as per the Terms & Conditions established in this document. Therefore, in virtue of this document and by way of the aforementioned act of making the material available, the USER is hereby granting:
(I).- To the COMPANIES, a global license, not exclusive, exempt from royalties and transferrable (with sub-licensing rights included) to use, reproduce, distribute, make derivative works thereof, display and execute this CONTENT in relation to the provision of the SERVICES and the operation of the Service and the activity of the COMPANIES, including and without limitation whatsoever, for the purposes of promotion and redistribution of the totality or part of the Service (and off spin-off or derived works thereof) in any format and by way of any communication channel;
(II).- To each Service USER, a global license, not exclusive, exempt from royalties to access their CONTENT via the Service, and to make use of, reproduce, distribute, make derivative works thereof, display and execute said CONTENT to the extent permitted by the functioning of the Service and in accordance with these Terms & Conditions.
The foregoing licenses granted and assigned by the USER regarding the CONTENT shall be cancelled when the USER eliminates or deletes their USER CONTENT from the APP. The foregoing licenses granted by the USER in relation to the Comments made by the USER are of a perpetual and irrevocable nature, without prejudice to their property rights, whose ownership corresponds to the USER, at all times pursuant to the provisions of the foregoing paragraph.
In the event that a USER makes available to all other APP USERS whatsoever CONTENT, in the case that the APP allows this option, this act implies that the aforementioned USER guarantees the following:
a) That the CONTENT does not represent or consist in defamation or slander of any individual, company or association, that it does not violate regulations governing protection of one’s good name, personal privacy or own image in force in Spain at the time the CONTENT is posted or sent and that no part of this CONTENT violates intellectual or industrial property rights, or whatsoever other right belonging to any third party.
b) That in order to exercise this assignment or rights, the USER possesses the appropriate authorization from those individuals which appear in the CONTENT.
c) The USER states and ensures that they are the titleholder (and that they will remain so while using the SERVICES) of all licenses and all rights, consent and permissions which are required to allow the COMPANIES to use their CONTENT for the purposes of the provision of the Service and for whatsoever other end and in accordance with the form contemplated in the Service and in these Terms and Conditions.
d) The USER hereby agrees to refrain from publishing or uploading whatsoever CONTENT that might contain material whose possession is illegal for the USER in their country of residence or whose use or possession is illegal for the COMPANIES in relation to the provision of the SERVICES.
e) The USER undertakes to ensure that the CONTENT which the USER provides does not contain material subject to third party intellectual property rights or material subject to other third party industrial property rights (including exclusivity rights or advertising rights), unless the legal titleholder of the aforementioned rights has granted the USER formal authorization or license, or is legally authorized in any way to publish the material in question and to grant the COMPANIES the license indicated above.
In the event that the COMPANIES should discover any non-compliance with these Terms & Conditions, they reserve the right (even though they may not be obliged to do so) to decide whether the CONTENT complies with the requirements for CONTENT stipulated in these Terms & Conditions, and is entitled to eliminate said CONTENT and/or cancel the access of any USER to upload CONTENT which violates these Terms & Conditions at any time, without requiring any forewarning and at their exclusive discretion.
The COMPANIES will prosecute any breach of the foregoing conditions in addition to any undue use of the CONTENT available in the APP, exercising whatsoever civil or criminal actions as available to them by law.
If the USER sees any CONTENT in our APP that they consider illegal, detrimental or offensive, we would be grateful if they notify the COMPANIES by sending an email explaining the cause to the following email address: email@example.com
3.5.- Other CONTENT
Except for the CONTENT provided to the Service by the USER, all other CONTENT of the Service shall be deemed property of the COMPANIES, or correspond to them in virtue of a license and are subject to copyright, trademark rights and other intellectual or industrial property rights of the licensor or licensors of the COMPANIES. All trademarks and service brand names of any third parties present in the CONTENT which have not been uploaded or published by the USER are trademarks or service marks of their respective owners.
Said CONTENT cannot be downloaded, copied, reproduced, distributed, transmitted, disseminated, displayed, sold, granted under license or exploited for any other purpose without prior written consent from the COMPANIES, or from the licensors of the COMPANIES, in the event that this were applicable. The COMPANIES and their licensors reserve all rights which have not been expressly assigned in relation to their CONTENT.
The USER understands and accepts that advertising may appear on the APP and, as such, they are entitled to access advertising materials belonging to the COMPANIES and/or third parties or professionals who have contracted services with the COMPANIES.
3.7.- Legal Disclaimer
The COMPANIES are not liable for any damage incurred as a result of an incorrect use of the service by USERS. Any act involving a breach of legislation will be the liability of the USER who engages in this activity.
In this respect, the COMPANIES are not liable for breaches made by any USER of the APP that may affect any other USER of the APP or any third party, including any breach regarding intellectual property rights, copyrights, trademarks, patents, confidential information and/or whatsoever other intellectual and industrial property rights. Furthermore, neither will the COMPANIES be held liable for whatsoever breach made by the USER regarding another USER’s personal privacy, honour, good name and/or own image or that of any third party, which will be the exclusive responsibility of the offender, whether these are statements made in forums, opinions of the USER or audiovisual materials made available by the USER, in the event that such functions are in operation.
The USER accepts liability and the consequences resulting from any breach of these regulations, agreeing to hold the COMPANIES harmless from whatsoever claim or complaint resulting therefrom.
Any liability attributable to the COMPANIES for whatsoever damage as a result of any of the foregoing extremes in a judicial or extrajudicial procedure, by a Court, Tribunal or Public Administrative Body, shall be repeated against the USER any quantities or amounts the COMPANIES have had to pay or incur, including, consequential damages and loss of profits, and whatsoever other cost or charge they may have had to face, including taxes, tariffs, legal fees, procurators, arbitration and any other costs.
4.- OTHER CONDITIONS OF USE
The APP can be made available to the USER by way of the COMPANIES´ own medium and services, as well as other portals, services, platforms, environments and third party systems or tools.
These Terms & Conditions of Use are supplementary to whatsoever other General Terms & Conditions which may eventually govern and regulate the website from where the APP is accessible, or any other service, procedure, mechanism, platform, environment or medium, if the case be given, which is required in order to use the APP, and will prevail over the aforementioned texts in the event of a discrepancy or dispute.
Some of the services available through or from the APP and accessible to USERS, may be subject to specific conditions, regulations or instructions which, in this event, substitute, complete and/or modify these Terms & Conditions of Use and which will be deemed as accepted by the USER upon initiating the provision of the corresponding service.
5.- LINKS TO THIRD PARTIES
6.- PRICE AND METHOD OF PAYMENT FOR CONTENT/SERVICES
Purchasing CONTENT or services, in the event that these require payment, shall represent payment on behalf of the USER. This payment shall vary depending on the CONTENT or service required.
The methods of payment shall be those as explained at the time of making the transaction, which may be, for example, by credit card, mobile phone operators’ balance, PayPal, or against the accounts from the platforms offering the services (i.e., Apple Store, Google Play, etc.),
For clarification purposes, the COMPANIES shall not be liable for any defect or incident that occurs during the payment transaction process, not attributable to the COMPANIES, while said transactions are performed by way of any system whose operation is entirely the responsibility of a third party (banking organizations, enterprise responsible for the platforms, etc.).
If, as a result of using the APP and in adherence to its functions the USER is obliged to pay the COMPANIES, the following Terms & Conditions shall apply, which the USER hereby accepts:
If there is any charge associated with a part of the SERVICES available from the APP, the USER hereby agrees to pay for this service. The amount established for this Service excludes any taxes or payments in whatsoever currency as are applicable, unless otherwise stated. The USER shall be the sole person liable to pay these taxes and any other charges. The COMPANIES are entitled to suspend or cancel the SERVICES if they do not receive full and timely payment from the USER. Suspending or cancelling SERVICES for non-payment may also entail the loss of access and use of your account and its CONTENT.
6.2.- Billing account information:
In order to pay charges associated with the Service, the USER will be asked to provide details of a payment method upon subscription to this Service. Furthermore, the USER hereby accepts that the COMPANIES use all updated account information regarding method of payment as provided by the issuing bank or corresponding payment method. If the USER requests that the COMPANIES desist from using this payment method but fails to provide a suitable substitute method after receiving our notification to do so within a reasonable period of time, the COMPANIES shall be entitled to suspend or cancel the paid-up Service for a legitimate reason. The USER agrees to keep their billing account information and contact details updated at all times. Any changes made to this billing account shall not affect charges made to their billing account before changes therein can be reasonably analysed.
By providing the COMPANIES with a method of payment, the USER (i) states that they are authorized to use the method of payment provided and that all the billing data provided by them is truthful and exact; (ii) authorizes the COMPANIES to charge for the SERVICES by way of the payment method; and (iii) authorizes the COMPANIES to charge for whatsoever paid elements or features of the SERVICES that they wish to subscribe to or use during the term of this Contract. The COMPANIES, depending on the service in question, make bill for the service (a) in advance; (b) upon acquisition thereof; (c) shortly after acquisition; or (d) in a recurring manner in the case of subscription SERVICES. Moreover, the USER may be charged the amount as approved by the USER and any changes therein will be notified in advance to the USER regarding any change in the amount to be charged in the event of recurring subscription SERVICES. Furthermore, the COMPANIES shall be entitled to bill for more than one (1) previous billing period at a time for amounts which have not been processed previously.
6.4.- Automatic renewal:
Whenever automatic renewal is allowed in your country, state or province, the COMPANIES may notify you by email prior to proceeding with the automatic renewal of their SERVICES. Once the COMPANIES have informed you that the SERVICES shall be renewed, they are then entitled to renew the SERVICES automatically and charge the price in force at that time for the renewal period. A reminder shall also be sent to you to explain that you will be billed for the renewal of SERVICES by way of the chosen method of payment, regardless of whether you were registered at the time of renewal, or whether this occurred at a later date. Moreover, you will be also given instructions regarding the procedure required in order to cancel the SERVICES. You must cancel the SERVICES prior to the renewal date in order to avoid being billed for renewal.
IF the COMPANIES make a mistake on the USER’s billing, the mistake shall be corrected as soon as possible after the error has been brought to the attention of the COMPANIES by the USER and the incident or amount will be investigated. The USER is required to inform the COMPANIES within a period of one hundred and twenty (120) days from the moment when the obvious error has first appeared on your bill. If the error is not notified within this period, the COMPANIES shall be free from any liability or claim for losses resulting from said error caused by a minor negligence; moreover, in this case, the COMPANIES are not obliged to correct the error or provide any return whatsoever. If the COMPANIES have identified a billing error, this shall be corrected within a period of ninety (90) days.
6.5.- “Reflection” period:
Whenever a USER requests a Service, they agree that the COMPANIES are entitled to provide these SERVICES immediately. The USER is not entitled to cancel or enjoy a reflection period, unless legislation in force requires a reflection period.
6.6.- Changes in pricing:
If there is a specific period of validity and price for a Service available, this price will remain in force until such time as the validity period has expired. The USER must accept any new offer and price if they wish to continue with the SERVICES. If their SERVICES are periodical, (for example, monthly), without a specific duration and the service charge is not for a trial period, the COMPANIES are entitled to change the prices of the SERVICES duly informing the USER thereof at least thirty (30) days prior to the price change entering into force, who shall avail of the opportunity to cancel the SERVICES prior to the price change taking effect. When the COMPANIES notify the USER of this price change, they shall also inform them particularly about the date on which the price change enters into force in case you do not cancel the SERVICES. Once this period has expired and whenever the services are not cancelled after being informed of the change, the SERVICES shall be charged at the newly established rate. If you do not accept the new rate, you must cancel the SERVICES immediately and stop using the SERVICES before the newly established rate enters into force. If the USER cancels their subscription, their SERVICES will terminate once the validity period in forces expires or, if the services are billed periodically, once the billing period in which the services were cancelled terminates.
6.7.- Refund policy:
Unless legislation or a specific offer for SERVICES states otherwise, all acquisitions are final and non-refundable.
6.8.- Cancellation of SERVICES:
The USER is entitled to cancel the SERVICES, with or without reason, at any time. If they do cancel, their SERVICES shall terminate once the current validity period of these Services expires or, if they are billed periodically, upon expiry of the billing period during which cancellation takes place.
6.9.- Late payment:
In the event of a late payment, the USER must make payment of any reasonable costs incurred as a result of recovering due amounts. These include reasonable amounts for lawyer’s fees or any other legal costs incurred and as allowed for by law and regulations in force. The COMPANIES shall be entitled to cancel or suspend their SERVICES if full payment has not been made in a timely fashion after a reminder has been sent, with the threat of suspension and/or cancellation of the SERVICES, to make payment within an appropriate period. You can prevent the suspension or cancellation if the required due payment is made within the corresponding period established in the reminder. If the amount overdue is marginal, a different process will be applied. Marginal amounts are those which represent a figure less than two percent (2%) of the total amount of the bill. Suspension or cancellation of the SERVICES due to non-payment may entail the loss of access to these services.
6.10.- Payment to the USER on behalf of the COMPANIES:
If the COMPANIES are required to make payment to the USER, then the USER agrees to provide the COMPANIES in a timely and precise manner, any information they may need to make payment. The USER is liable for whatsoever taxes or costs incurred as a result of this payment made by the COMPANIES and must also comply with any other conditions imposed on them in their right to any payment. If the USER receives a payment by error, the COMPANIES are entitled to reverse this payment or demand the repayment of this amount from the USER. The USER agrees to cooperate with the COMPANIES in their efforts to see this through. They may also reduce the payment made to the USER without prior notification in order to adjust for any excessive payment made.
6.11.- Internet services and access charges:
The USER is liable to pay the amounts charged for access to the Internet or Wi-Fi service providers. These prices are additional to those which the USER is required to pay to the COMPANIES for the SERVICES. If the USER accesses the SERVICES by way of any wireless device (for example, mobile telephone, tablet, etc.), the wireless device telephone service provider may charge for alerts, web searches, messages and other services that require the use of wireless data services and connection time. The USER must check with their telephone service provider whether any of these charges apply. The USER is the sole party liable for any costs incurred as a result of accessing the SERVICES via whatever wireless service or any other communications service.
7.- INTELLECTUAL & INDUSTRIAL PROPERTY
All intellectual and industrial property rights of the features and elements comprising the APP as well as its CONTENT (videos, images, designs, texts, photographs, software, etc.) and the CONTENT to which it provides access, are the exclusive property of the COMPANIES or of an authorizing third party and as such cannot be reproduced, copied, pasted, linked, transmitted, distributed, communicated publicly, transformed or tampered with in any way or to any end, without prior authorization in writing from the COMPANIES.
Use of the APP and its services is authorized, solely and exclusively, for use in a personal and private scope, and is therefore strictly forbidden to use the APP and its services for commercial ends, for distribution, as well as modification, alteration or decompilation or reverse engineering activities.
Any use or modification of the material or CONTENT for any other ends except for those expressly authorized under these Terms & Conditions of Use, as, merely for example, may be the case with making use of the CONTENT for commercial ends, shall be deemed a breach of Industrial Property Laws and whatsoever other national and/or international regulations applicable to the protection of copyright and any other legal interests breached or violated.
8.- PRIVACY & PERSONAL DATA PROTECTION POLICY
8.1.- Scope & liable parties
In accordance with the foregoing, the companies SOCIEDAD GENERAL DE PRODUCCIÓN Y EXPLOTACIÓN DE CONTENT S S.L and SOCIEDAD ESPAÑOLA DE FÚTBOL PROFESIONAL S.A.U (hereinafter referred to as “Parties responsible for file“) shall inform you that your details have been included in the respective files of their property, duly registered with the Spanish Data Protection Agency.
Your data is processed in order to manage the services provided to you and to validate USERs access to the APP as well as the segmentation of data provided by the USER (age, localization, gender, among others) for the purpose of providing a personalized service and relevant information thereto. By sending data, the USER agrees to data processing purposes, as well as the inclusion of your data in the aforementioned files of the respective companies. Similarly, when you accept these conditions by ticking the corresponding boxes, the USER agrees to (i) receive commercial material from the company known as SOCIEDAD GENERAL DE PRODUCCIÓN Y EXPLOTACIÓN DE CONTENT S S.L as well as SOCIEDAD ESPAÑOLA DE FÚTBOL PROFESIONAL S.A.U, or alternatively from third party companies from those listed on the website URL http://mdata-static-pro.imagina.tv/empresas/ (ii) the assignment of data provided by the USER to third parties as part of the management process for the services available via the APP or to send commercial offers or information from the COMPANIES or alternatively from third party companies from those listed on the website mentioned above. In any event, the information may be segmented depending on the information provided by the USER (age, localization, gender, among others) for the purpose of providing a personalized service and relevant information thereto.
8.2.- Consent to use electronic means in communication with clients and users.
Furthermore and in corroboration with the foregoing, the COMPANIES (Parties responsible for file) wish to guarantee that all commercial communication aimed at the USERS takes place in accordance with legislation in force. To achieve this, and in compliance with Spanish Law 34/2002, of July 11, regarding information society and electronic commerce services, the USER is informed that the COMPANIES are entitled to send, via electronic means, information concerning products and services of the COMPANIES or of third parties, whether these are of a sporting nature or not, related to the sectors of music, television, cinema, radio, communication, training and education, hotel, financial, distribution, sports, travel, insurance, NGO, editorial, automotive, employment, real estate, meteorology, mail order and distance selling, energy, textile, health, leisure, administration, electronic and telecommunications, if expressly authorized thereto by the USER by providing their data.
Nevertheless, the USER is entitled to revoke this authorization at any time by notifying thereof via the addresses provided below or by way of any link provided for this purpose in commercial communications sent to the USER.
8.3.- Obligations of the Responsible parties
Apart from the foregoing, the parties responsible for the file agree to process the data of a personal nature belonging to the USERS in accordance to the provision of applicable legislation in force and, in particular (i) to handle personal data belonging to the USER and to which they have access as a result of using this APP, in a confidential manner. However, the Parties Responsible for File are entitled to disclose personal data or any other information belonging to the USER when required to do so by the competent authorities in the exercise of their duties and are legitimately attributed thereto and in accordance with whatsoever applicable provisions; (ii) to adopt whatever security or safety measures of any technical or organizational nature as are required in order to prevent the alteration, loss or unauthorized access or processing of the aforementioned data. Without prejudice to the foregoing, due to current security measures in existence on the Internet, the Parties Responsible for File cannot guarantee that a third party does not make illegal use of USERS information. Consequently, the Parties Responsible for File cannot guarantee, nor can they be held responsible or liable for any damages of any nature which may arise from the alteration, loss or unauthorized access or processing of the aforementioned data by a third party. The USER agrees to keep the information provided to the Parties Responsible for File duly updated. The USER is solely responsible for any damages suffered by the COMPANIES and/or third parties resulting from the lack of veracity, completeness, accuracy or updating of the data or information provided.
8.4.- USER’s rights
In any event, the USER, whose data is subject to processing, is entitled to freely exercise their rights to access, rectify, cancel and oppose their data pursuant to the terms as specified under Organic Law 15/1999 governing the Protection of Personal Data, in accordance with the legally established procedures. These rights can be exercised by the USER by addressing their communication in writing, duly signed and accompanied by a photocopy of their National ID Number, to the following addresses:
- SOCIEDAD ESPAÑOLA DE FÚTBOL PROFESIONAL S.A.U:, Calle Hernández de Tejada, nº 10, 28027 (Madrid), Spain.
- SOCIEDAD GENERAL DE PRODUCCIÓN Y EXPLOTACIÓN DE CONTENT S S.L: Avda. Diagonal 177, 08018, Barcelona, Spain.
Similarly, the USER may exercise these rights by sending an email to either of the following email addresses:
9.- EXCLUSION OF WARRENTIES: LIMITED LIABILITY
a.- The COMPANIES operate the APP using a reasonable degree of professionalism and diligence. The COMPANIES do not make any other promises or grant any other warranty concerning the APP and, in particular, do not guarantee the following:
(i) That use made of the APP by the USER shall be free from interruptions or errors. The USER accepts that the COMPANIES may interrupt the functioning of the APP occasionally for indefinite periods of time or close the APP at any time for technical or operational reasons, in which case the USER shall be informed of this circumstance to the extent possible;
(ii) that the APP shall be free from loss, corruption, attack, viruses, interference, acts of information piracy or any other security intromissions, which shall constitute Force Majeure, as such circumstances beyond the control of the COMPANIES, who decline any liability in relation to these circumstances. Some Products can only be downloaded once; after which they cannot be replaced regardless of the reason for the loss. The USER shall be responsible for making security copies of their own system, including copies of any Products purchased via the APP, in the case that the CONTENT made available by the COMPANIES allows for this storage option within the range of possibilities of its use.
b.-For clarification purposes, the COMPANIES are not liable, the USER being the sole responsible party of their contracting, knowledge and monitoring of whatsoever other costs, which in the case they apply, must be faced in order to correctly receive the APP (other than the specific payment which the COMPANIES may establish for the concrete downloading of the APP or for all or some of the services and CONTENT offered via the APP), as may be the case, for example with, contractual charges associated with Wi-Fi services or for 3G data downloading.
c.- Except for what is outlined in the following subsection (e) below, or in the case that the USER exercises their legal right to receive repayment or compensation, neither the COMPANIES nor their administrators, directors, managers, employees, subsidiaries, agents, contractors or licensors shall be liable in any case for any loss or damage incurred by the COMPANIES, their employees or agents when:
(i) there has been no non-compliance on the part of the COMPANIES, their employees or agents in their legal duty of due diligence to the USER;
(ii) there has not been any reasonably foreseeable outcome of such a breach;
(iii) any increase in the loss or damage is as a result of this breach, by the USER, of any of the provisions of this Contract;
(iv) it is a consequence of the decision, on behalf of the COMPANIES, to withdraw or refuse to process any information or CONTENT, issue a warning, suspend or cancel the USER’s access to the Shops or to adopt whatsoever other measure during the investigation into a possible breach or as part of the COMPANIES determining whether there has been a breach in the Conditions of this Contract; or
(v) it is a matter of loss of income, business or profits, or loss or corruption of data regarding the use made of the APP by the USER.
d.- The COMPANIES shall try, using every measure possible, to protect the information sent by the USER to the APP, including protection against any manner of fraudulent use made thereof.
e.- If the USER violates this Contract, they shall be liable to the COMPANIES, administrators, directors, managers, employees, subsidiaries, agents, contractors or licensors regarding any claims resulting from this breach. Moreover, the USER shall be liable for any measures adopted by the COMPANIES within the framework of an investigation into a possible breach of this Contract or as part of the COMPANIES determining or concluding whether a breach has been committed of this Contract.
10.- RIGHT OF THE COMPANIES TO MODIFY THE APPLICATION
The COMPANIES reserve the right to make changes to their APP, without prior notification and as they see fit, being entitled to change, eliminate or add whatsoever CONTENT or services available from the APP, as well as the manner in which these are displayed or located therein.
In this respect, access, CONTENT and services available from the APP and/or of the CONTENT are deemed to have a beginning, an indefinite duration, unless otherwise stated in the General or Specific Terms & Conditions or in applicable legislation at all times. Nevertheless, the USER agrees to accept that the COMPANIES are entitled to unilaterally terminate, suspend or interrupt the availability of the APP at any time and without prior warning and/or of nay of the services, without the USER being entitled to apply for any compensation whatsoever. After said extinction, the USER must destroy any material they may have obtained concerning the APP and/or the portal which made the CONTENT available, including all corresponding software and documentation, as well as any copy, printed materials or installation.
If its services are cancelled or terminated, the COMPANIES are entitled to permanently eliminate any information associated with the account, including its CONTENT, from our servers and with the COMPANIES not having any obligation to return any CONTENT whatsoever to the USER.
11.- MODIFICATIONS TO THE TERMS & CONDITIONS OF USE
In this respect, the COMPANIES may substitute, at any time, for technical reasons or due to changes in the provision of the Service or regulatory changes, as well as modifications which may arise from applicable model codes or, if appropriate, due to strategic corporate decisions, Terms & Conditions of Use and the Privacy & Personal Data Protection Policy and that, depending on the case in question, shall substitute, complement and/or modify the Terms & Conditions of Use and the Privacy & Personal Data Protection Policy, stated herein.
When the COMPANIES substitute, complement and/or modify the Terms & Conditions of Use and the Privacy & Personal Data Protection Policy, these will be published on the website and/or notify of these changes therein, and if the USER continues to use the service, the COMPANIES will understand that they have accepted the modifications implemented. In the event that the USER is not in agreement with the changes introduced, they are entitled to unsubscribe from the Service by following the standard procedure made available for this purpose.
The COMPANIES recommend that the USER consults on a regular basis the Terms & Conditions of Use and the Privacy & Personal Data Protection Policy, given that there may be changes made therein. The version of these terms in force can be consulted by accessing the Terms & Conditions of Use section of the APP.
The temporary validity of these general conditions therefore coincides with the period during which they are displayed and until such time as they are modified either in whole or in part.
12.- INTERNATIONAL TERMS & CONDITIONS OF USE
The APP regulated under these Terms & Conditions of Use is managed by the COMPANIES, which operate from Spain, making its CONTENT available in the territorial jurisdiction of Spain. Although the referred APP can be accessible from outside Spain, given the inherently non-territorial nature of access to the Internet, the USER, comprehends and agrees that the APP is designed to be sued by any person or entity in any country or jurisdiction in which its use is not contrary to local laws or regulations in force at all times. Therefore, if any part or all of the CONTENT or features contained in the APP belonging to the COMPANIES were to be deemed illegal in other countries, the USER is forbidden to access this CONTENT or use the APP and, in the event that they do so, the USER is solely responsible for these acts, being obliged to adhere to and comply with laws as applicable in these countries.
Use of the APP by the USER within a specific country is done so under their responsibility. Furthermore, the COMPANIES shall notify the USER that it is possible that some of the APP’s functions are not available and/or suitably operational in every country as a result of technical and/or legal restrictions.
13.- APPLICABLE LEGISLATION AND JURISDICTION
The relationship established between the COMPANIES and the USER, governed by these Terms & Conditions of Use are subject to Spanish law, excluding whatsoever other type of state legislation. In the event that these Terms & Conditions are translated into any other language, only the original version in Spanish shall be deemed valid.
The COMPANIES and the USER, undertake to expressly waive any other jurisdiction and agree to be subject to the Courts in the city of Madrid, Spain for the resolution of any discrepancies or conflicts that might arise or is related to these Terms & Conditions of Use.
In the event that any provision or provisions of these general conditions were considered null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplicability shall not affect the other provisions of these Terms & Conditions of Use.
The USER expressly states to have read and understood the content of these Terms & Conditions of Use and hereby agrees to each and every obligation imposed therein.