TERMS AND CONDITIONS1. Ownership of the domain www.fcbrookies.cat
In compliance with Act 34/2002, of July 11, Services of the Information Society and Electronic Commerce (hereinafter “LSSICE”), users are informed that the owner of this domain is Futbol Club Barcelona (hereinafter FC BARCELONA or CLUB), with its registered office at Carrer Arístides Maillol, s/n, 08028 Barcelona, tax reg. number (CIF) G-08266298, included in the Register of Sports Companies of the Government of Catalonia as no. 2,590, Volume 2, Page 295 of the said Register of Sports Companies.2. Purpose and scope of application
The present terms and conditions for use of the website www.fcbrookies.cat serve the purpose of regulating the provision and free access to the general public and Barça fans in particular, of the sporting, institutional and social information, as well the products and services offered by FC BARCELONA or by third-party sponsors and/or partners of the CLUB, which may be of interest to the user. The user is subject to the policies and conditions in force at the moment he or she uses the present website, unless changes must be made retroactively to the said policies or conditions due to the law or a decision by the competent body. In this regard, FC BARCELONA reserves the right to make, at any time and without prior notice, modifications and updates of the information contained in the website, the layout and presentation thereof and the terms and conditions for access. Therefore, users are strongly advised to regularly consult the conditions set out in this legal notice. The mere use and browsing of the website, or any request for information or, where applicable, registration and booking of certain products and/or services, entail acceptance as a user, without any reservations of any kind, of each and every one of these general terms and conditions for access and use, and where applicable, of registration and booking.
The www.fcbrookies.cat website is mainly aimed at users resident in Catalonia and Spain. FC BARCELONA does not guarantee that it complies with the laws of other countries. If the user decides to access and/or use this website from any other place, he or she shall do so at his or her own liability, and will have to make sure that this access and/or use complies with the applicable legislation, FC BARCELONA accepting no liability in this regard.3. Provision of the service
The CLUB does not guarantee the absence of interruptions or errors in accessing the website or its content, nor that it is free of viruses, or any other element that may cause problems with the user’s computer system. FC BARCELONA shall always make every effort to restore communications and correct errors, as soon as it becomes aware of any errors, disconnections or out-of-date content. The CLUB shall not be liable for any damages that may arise from interference, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of this electronic system or in the user’s computer equipment and devices, for causes not attributable to FC BARCELONA, which impede or delay the provision of services or web browsing, or delays or blockages in use caused by insufficient or overloaded Internet connections or other electronic systems, or the inability to provide the service or allow access for reasons not attributable to the CLUB, due to the user, to third parties, or to circumstances of force majeure.
Some web services that are accessible to all users or only to users registered as Barça Rookies may be subject to special conditions that, if applicable, replace, complement and/or modify these terms and conditions, and which must be accepted by the user before the provision of the corresponding service can begin.4. Information provided on the website
In the event of any error in the information published on the website at any time, it will immediately be corrected. Also, the information displayed on the website may sometimes be provisional.5. Intellectual and industrial property
The texts, images, photographs, logos, identity symbols, sounds, animations, videos, source codes and other content included on the web (hereinafter, the “Content”), which are protected by the applicable intellectual and industrial property legislation are the exclusive property of the CLUB, which holds the rights to their use and treatment, and none of these rights as recognized by current regulations on intellectual property may be considered to have been assigned to the user. Trademarks, brand names or identity symbols are the property of FC BARCELONA or of third parties, without access to the web being considered to confer any right to the aforementioned trademarks, brand names or identity symbols.
For all the foregoing, the total or partial use of any of the content that appears on the FC BARCELONA website, as well as the copying, reproduction, adaptation, modification, transformation, distribution or public communication thereof, including provision of all or part of the contents of the website is totally prohibited except with the prior approval of the CLUB, which, in any case, must be express and in writing.6. Hyperlinks and/or links
Among its contents, the FC BARCELONA website includes links to other websites managed by third parties in order to facilitate access by the user to exchangeable information via the Internet. In these cases, FC BARCELONA acts as an intermediary service provider in accordance with article 17 of the LSSICE, and is not liable for the existence of links between third parties and other websites that do not belong to FC BARCELONA. The links provided on the CLUB website are for informational purposes for use by FC BARCELONA website users, but in no case place the CLUB in a position of being the guarantor and/or party providing the services and/or information that may be offered by third parties via the links. Pursuant to the above, FC BARCELONA accepts no liability for the services and/or information provided on other web pages linked to this website. The CLUB does not control or exercise any kind of supervision of links to the www.fcbrookies.cat website. However, the use of links to other web pages does not imply in any manner any liability or appropriation of their content, nor should it be understood that there is any supervision or approval of any changes and information thereof. FC BARCELONA advises visitors to the said other web pages to consult the legal conditions set forth therein. The introduction of hyperlinks for advertising, commercial or association purposes from web pages not belonging to the CLUB to the www.fcbrookies.cat website is expressly forbidden without prior consent and/or express authorization. In any case, the existence of hyperlinks to websites not belonging to FC BARCELONA shall not imply in any case the existence of commercial, trade or any other relationship with the owner of the web page that includes the hyperlink, nor acceptance by the CLUB of its contents, opinions or services.7. Liability for contents of hyperlinksFC BARCELONA assumes no liability for damages that may be due to:
- The operation, availability, accessibility or continuity of linked sites.
- The maintenance of the information, contents or services existing on the linked sites.
- The provision or transmission of information, content or services existing on these sites.
- The quality, legality and reliability of the content and services existing on the linked sites.
- Failure to comply with the law, morals and good manners as a result of the disclosure, storage and provision of contents provided by third parties.
- Infringement of intellectual or industrial property rights, rights to honour, personal or family privacy, people’s image or communication of personal information by third parties.
- Conducting acts of unfair competition and illegal advertising.
- Contents that are untrue, inaccurate or out-of-date.
The user acknowledges and agrees that access to the www.fcbrookies website is voluntary, at his or her own risk. In general, the user undertakes to use the website, the contents and the services offered therein, diligently, correctly and lawfully, and in compliance with these general terms and conditions, and to heed any special notices or instructions for use contained therein or on the website, and always to act in accordance with the law, good manners and the requirements of good faith, observing due diligence, and refraining from using the website in any way that could impede, harm or deteriorate its normal operation, or the assets and rights of FC BARCELONA, its suppliers, other users or in general of any third party. Access to the website by minors is forbidden without the express consent of their parents or legal representatives. Specifically, during use of the www.fcbrookies website, the user undertakes not to reproduce in any way, even by means of a hyperlink, the CLUB website or any of its contents, unless expressly authorised in writing by a person from FCB with sufficient authority for such purposes; not to delete, circumvent or manipulate the copyright and other details identifying the rights of their holders as included in the contents, as well as technical protection methods, or any digital mechanism on which the contents might be contained; not to alter, reprogram, modify, adapt or translate the source code of this website, whereby any partial or total reproduction of the source code of the web page in any media and for any reason will be considered unauthorized copying; not to enter, store or disclose, on or from the website, any information or material that may be defamatory, insulting, obscene, threatening, xenophobic, inciting of violence, discriminating on the grounds of race, sex, ideology, religion or that in any way is opposed to morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current regulations; not to enter, store or disclose, on or from the website, any program, data, virus, code or any other electronic or physical device that is likely to cause damage to the web, to any of its services, or any equipment, systems or networks belonging to the CLUB, or to any other user, sponsor, partner, supplier, etc. of FC BARCELONA or in general to any third party; not to carry out advertising or commercial activities via the website, and not to use the contents and information to send advertising or messages for any other commercial purpose, or to collect or store personal data of third parties; not to use false identities or impersonate others in the use of the website or any of its services, including the use, where applicable, of passwords or access codes of third parties or any other party; not to destroy, alter, use for oneself, disable or damage the data, information, programs or electronic documents belonging to the CLUB, its sponsors, partners, suppliers or third parties; not to enter, store or disclose via the website any content that infringes intellectual and industrial property or trade secrets of third parties, and, in general, any content to which it does hold any legal right to make available to third parties. In compliance with the legal provisions in force, the user’s IP address is stored for the period of time as legally determined in order to detect legal compliance by users. In the event that published content or comments are considered to be offenses or crimes, the web administrators may block, track or delete any content or message in accordance with the criteria described above.9. Registration
Generally, use of the website’s services does not require users to subscribe or register beforehand. However, there are services, such as participation in contests, draws, games, etc. in which it is necessary to register as a user of the website. This registration will be made in the manner expressly indicated in the service and the data will be treated solely for the purposes and with the guarantees indicated in the privacy policies on entry and registration forms. For these purposes, the user must provide his or her own, true, honest and lawful information regarding the data requested in the user registration form, and must keep it up to date. The user shall be the sole party liable for any false or inaccurate statements made. Therefore, FC BARCELONA shall not be held liable for the accuracy and truthfulness of the data provided by the user. In addition, if, as a result of the registration, the user is provided with a specific username, password and/or access code, he or she agrees to make diligent use of these and to keep them secret and, safeguard them, as they are personal and confidential, and also undertakes not to assign their use to third parties, either temporarily or permanently, or to allow access to other persons.
The user shall be held liable for the unlawful use of any services by any third party who uses a password for this purpose due to negligent usage or loss of the same by the user. The CLUB shall at all times safeguard the principles set forth by the legislation in force with regard to personal data protection, and shall compulsorily only collect data that is essential in order to offer the website’s services and shall at all times guarantee the appropriate measures to achieve security and integrity as provided for by law.10. FC BARCELONA disclaimer
FC BARCELONA shall in no case be held liable for the circumstances listed below, by way of example and not limited to the same, or for any damages that may arise from them, as it cannot and should not guarantee them: a) possible security errors that could be caused by using computers infected with computer viruses; b) use by third parties of items owned by the CLUB that confuse its identity; c) infringement of industrial and intellectual property rights by third parties; d) third party breaches that may affect users of the FC BARCELONA website; e) failure for the website or any of its services to function for reasons beyond the CLUB’s control; f) consequences arising from malfunctioning browsers or the use of out-dated versions of the same. FC BARCELONA shall not be held responsible for the breach of the terms and conditions of this legal notice by users, or the use of the services and the contents accessible via the website. Any damage that may be caused by the impersonation of a third party by a user in any communication made through the website shall be the liability of the person who did so, since the CLUB does not control the authenticity of the contents or the information provided by website users.11. Data protection
If users have any doubt or complaint about how their personal data is processed, or regarding any other related matter, they may contact the Data Protection Delegate by mail to Carrer Aristides Maillol, S/N, 08028, Barcelona (Spain), for the attention of the “Delegat de Protecció de Dades”, or by email to firstname.lastname@example.org. In the event that no response is received from the Data Protection Delegate within a reasonable period (2 months) a claim may be filed with the competent governing authority.12. Inquiries, suggestions, complaints or claims
For any suggestion, inquiry, complaint or claim, users may contact FC BARCELONA, through the current or future communication channels as determined at any given time, such as:
- Telephone: 902 1899 00 (Spain) / + 34 93 496 36 00 (outside of Spain)
- Email: email@example.com
- Regular mail: Futbol Club Barcelona, Carrer Arístides Maillol, s/n, 08028 Barcelona (Spain)
The present terms and conditions shall be governed by Catalan, Spanish and international law as applicable. In the event that any conflict or discrepancy should arise in the interpretation or application of these legal terms and conditions, the courts or tribunals that, if applicable, shall judge the matter shall be those in the jurisdiction that applicable law deems to be competent in that field, which given that users are deemed end consumers, shall be the place of fulfilment of the obligation or the registered residence of the user. In the event that the user’s registered address is outside of Spain, or that the situation consists of a sale made by a company, both parties shall be submitted to, and expressly renounce any other jurisdiction that may correspond to them, the Courts and Tribunals from Barcelona (Spain).
AUTHORIZATION TO ASSIGN IMAGE RIGHTS OF MINORS
1.- Whereas on the occasion of the games played by the FC BARCELONA basketball first team at the Palau Blaugrana, I hereby acknowledge and accept that individual or collective graphic and audiovisual recordings are made by FC BARCELONA and/or third parties authorized by it within the framework of the aforementioned activity, in which the minors who attend (including the minor that I represent), including the photo with the team, may appear. I also acknowledge and agree that FC BARCELONA may make use of the aforementioned graphic and/or audiovisual material in which the image and/or voice of the aforementioned minors appear and copies thereof, in whole or in part, for informational, advertising and promotional purposes regarding that event, as well as any others that FC BARCELONA might organise as part of its constitutional purposes.
2.- Whereas the present authorization for the capture and use of the image rights to the photographic and/or audiovisual recordings obtained during the holding of the event on the premises of FC BARCELONA during the activities referred herein, and in which the image and/or voice of the minor for which I am responsible appear, refer to all possible uses of this recording, excluding commercial ones for all purposes, through any means or media, and without geographical or temporal restriction of any kind, and free of charge, waiving any remuneration and/or claim under any circumstances, for the recording of these photographic images or videos and the assignment of rights to use in relation thereof.
3.- Whereas I accept that FC BARCELONA may at its own behest publish the aforementioned graphic and/or audiovisual material on its official website (www.fcbarcelona.cat) for the appropriate purposes as it determines, and for it to be downloadable by interested parties that appear in the said images (and in the case of minors, their representatives) through the process that FC BARCELONA designates, FC BARCELONA may also provide me with a copy of said recording, either directly or through authorized third parties, for such purposes, in the format, media and/or channel that I deem most appropriate, including by e-mail, in my capacity as the party responsible for the aforementioned minors.
4.- Whereas I acknowledge and accept that the copies and/or recordings of the images that may be provided to me, through the mechanisms described in point 3 above, shall only be for my personal and domestic use. Therefore, I agree not to use them for any other purpose (be it advertising, commercial or of any other nature).
5.- Whereas the current and/or future media, advertising and promotional assets in which the image and/or voice of the minor for whom I am responsible for, whether individually or collectively, are and will be the property of and exclusively owned by FC BARCELONA.
Whereas as stated above and with subsequent validation I DECLARE that I have been duly informed by FC BARCELONA and confirm that I have the required all corresponding authorizations (participation in the activity, participation in the graphic and/or audio-visual recording, use of this graphic and/or audiovisual material, assignment of minors’ image rights, delivery of a copy of the graphic and/or audiovisual recording, etc.) of any adults (parents, guardians, etc.) that are the legal representatives and guardians of the participating minors who are attending the activity described in point 1, pupils of the school or members of the sports club, attesting that the present declaration is completely true for all intents and purposes, exonerating FC BARCELONA from any claim and/or appeal that may be made by any of the adults who represent and are the legal guardians of the participating minors, for any reason with regard to the foregoing.