LEGAL NOTICE AND CONDITIONS OF USE OF “LALIGA TOP CARDS”
1. Introductory notice
This document (hereinafter, the “Legal Notice”) regulates the access and use of this computer application (hereinafter, the “App”), access to the content and services available on the App (hereinafter, the “Content”) and any responsibility that may arise as a result of a breach or defective performance of this Legal Notice and the Conditions (as defined in section 3.1 below). Downloading and using the App entails the express and unreserved acceptance of all the terms of this Legal Notice, the validity and effectiveness of which shall be the same as any contract. Compliance is required from anybody accessing, browsing or using the App.
2. Ownership and object
Owner: Liga Nacional de Fútbol Profesional (hereinafter, “LaLiga”) is a private Sports Association, pursuant to the provisions of Articles 12 and 41 of Law 10/1990, of 15 October, on Sports, which is exclusively and compulsorily made up by all Public Sporting Companies and Clubs that participate in official national and professional football competitions. LaLiga is registered under number 1 in the Professional Leagues section of the Register of Sports Associations held by the High Sports Council.
Domicilio: Calle Torrelaguna 60, 28043 Madrid. España.
Telf.: 91 205 50 00
Fax: 91 408 08 28
3. Condiciones de uso de la Aplicación y del Juego
3.1. Aceptación de las Condiciones de uso (en adelante, las “Condiciones”)
The User (as defined below) is required to use the App and the game known as “LaLiga Top Cards”, accessed using the App (hereinafter, the “Game”), and its Content, in a diligent, correct and lawful manner, pursuant to the Law in force, this Legal Notice and its Conditions, any other notices, regulations for use and instructions published, in addition to the principle of morality and generally accepted good habits and public order. In particular, the User refrains from (a) using the App and/or the Game in an unlawful way or for purposes against the Law in force, the principle of morality and generally accepted good habits and public order; (b) reproduce or copy, distribute, facilitate public access by any means of public communication, transform or amend the Content of the App and/or the Game, unless he/she obtains authorisation from the holder of the corresponding rights or is legally entitled to do so; (c) ignore, evade or manipulate the copyright and other identification details of the App and/or the Game.
The downloading and/or use of the App and/or Game by a third party confers the status of User (hereinafter, the “User”) thereto, and entails the full acceptance by the User of all the Conditions set out in this Legal Notice.
Sending any direct advertising or commercial information or sending mass emails in a disguised form (spamming) is prohibited without due authorisation.
The User hereby commits to refrain from introducing programs, viruses, macros, applets, ActiveX controls or any other form of logical device or sequence of characters that result or may result in any changes to the computer systems of LaLiga or third parties.
3.2. Minimum age
To download the App and access the Game, the User must be at least fourteen (14) years old. Therefore, by accepting these Conditions, the User confirms that he/she is over fourteen (14). Furthermore, to access fee-based services offered on the App, the minimum age for contracting these services is eighteen (18).
LaLiga may contact Users at any time to ask them to accredit their age and identity accordingly.
To accredit their age and identity, Users shall provide a photocopy of their National Identity Document (DNI) or equivalent identity document. In the event that this document is not provided, LaLiga may block you from the App and the Game.
3.3. Incorrect use of the App and/or the Game
The User hereby commits to using the App and the Game, the Material (as defined in section 3.3 of the Conditions) and the Content that he/she may access via the App and Game in an appropriate manner, and (i) to refrain from using them to perform unlawful activities or activities against good faith or the law; (ii) refrain from disseminating content or propaganda of a nature that is racist, xenophobic, pornographic, supports terrorism or which constitutes an attack on human rights; (iii) refrain from provoking damage to the physical and computer systems belonging to LaLiga or to its suppliers and from introducing or disseminating computer viruses or any other physical and computer systems that could provoke such damage.
3.4. Other content
With the exception of User Content provided to the Game by the User (as defined in section 3.5 of the Conditions), all other Conditions of the Game (hereinafter, the “Material”), shall be owned by LaLiga or shall correspond thereto by virtue of a licence and shall be subject to copyright, trademark rights or other intellectual and industrial property rights of LaLiga or the licensors of LaLiga. All trademarks and service marks of third parties present in the Material shall be the trademarks and service marks of their respective owners.
This Material may not be downloaded, copied, reproduced, distributed, transferred, disseminated, shown, sold, granted under licence or exploited for any purpose without prior consent in writing from LaLiga, or the licensors of LaLiga, as the case may be. LaLiga and its licensors reserve all the rights that have not been expressly granted with respect to their Material.
The User is aware and accepts that in the App and/or the Game, adverts may appear and that, therefore, he/she may access LaLiga advertising and/or advertising by third parties or professionals that collaborate with LaLiga.
3.6. Availability of User Content by the User: granting of the licence and guarantees
In the event that the App and/or Game’s functionality allows User Content to be made available by the User (with “User Content” meaning opinions, observations, comments, graphic material, photographs, links, questions, suggestions, information, video, audio and other materials that the User sends to the Game or App or communicates using the Game or App), he/she is free to make them available, providing LaLiga with the requested information, as applicable, in relation to the origin and ownership of the User Content and the procedure through which the User obtained them. This information must be accurate and verifiable if LaLiga so requires.
LaLiga will decide the User Content that shall be made available to the public through the App or the Game in a free and non-binding manner. In the event that LaLiga authorises access to User Content made available via the App or the Game by Users, they shall declare that they are aware and accept that, once made available to other Game Users, the User Content shall be available worldwide; therefore LaLiga and any third party collaborating with LaLiga in the development of the Game and the App shall be held harmless for any claim that may arise in this connection.
4. Economic conditions of the game
The Game Content shall be free of charge, with the exception of the following Content, for which Users shall pay the amount indicated in the Game itself:
- Virtual diamonds, equivalent to virtual money in the Game, that can be exchanged for objects in the Game, for the following amounts:
- 10 HC (virtual diamonds) - 1.09€.
- 55 HC (virtual diamonds) - 10.99€.
- 125 HC (virtual diamonds) - 21.99€.
- 255 HC (virtual diamonds) - 27.99€.
- 625 HC (virtual diamonds) - 39.99€.
- 1355 HC (virtual diamonds) - 109.99€.
Furthermore, the User hereby declares that he/she is the holder of the credit card introduced into the platform, or that he/she has received express authorisation from the owner of the credit card to use it. LaLiga shall not reimburse any payment made via credit card to pay for fee-based content in the Game.
5. System of liability
5.1. Liability for using the App and the Game
The User is solely liable for any breaches he/she may commit or any damages that may be caused by the use of the App and/or the Game, with LaLiga, its Group companies, partners, employees and representatives held harmless of any liability that may derive from the User’s actions.
LaLiga shall spare no efforts and shall employ all reasonable means to provide updated and reliable information on the App and the Game; however, LaLiga shall provide no guarantee in terms of the absence of errors or potential inaccuracies and/or omissions in any of the Content accessible via the App or the Game.
The User is solely responsible for any claims or legal, court or out-of-court proceedings launched by third parties against LaLiga or its partners based on the User’s use of the App or the Game. As applicable, the User shall bear any expenses, costs and compensation for which LaLiga is held liable as a result of these claims or legal proceedings.
5.2. Liability for the functionality of the App and the Game
LaLiga shall be held harmless from all liability that may result from interference, omissions, downtime, computer viruses, telephone malfunctions or outages in the operational performance of the electronic system when caused by factors beyond the control of LaLiga.
Furthermore, LaLiga shall be held harmless from all liability that may result from delays or downtime in the operational performance of this electronic system caused by shortcomings or overloads in telephone lines or the Internet, in addition to damages caused by third parties by means of unlawful interference beyond the control of LaLiga.
LaLiga is entitled to temporarily suspend, without prior notice, access to the App and/or the Game to perform maintenance, repair, update or improvement works.
In the event that the App contains links to other websites or platforms not managed by LaLiga, said party hereby declares that it does not control these websites nor is it responsible for their content. Links that the App may contain shall be offered, merely for the purposes of information and shall not construe an opinion on the content, owners, products or services that they offer.
In any case, LaLiga shall be held harmless of all liability in terms of the services provided by these third parties in the event of any claims made, regardless of their nature, and lawsuits that may be filed in relation thereto.
6. Intellectual and industrial property rights
All the Content of the App and/or the Game, unless otherwise indicated, is the exclusive property of LaLiga, including but not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs and other elements that appear in the Game. Furthermore, all brand names, trademarks and distinguishing features of any Content in the App or the Game are protected by Law.
LaLiga does not licence or authorise the User to make personal use of its intellectual and industrial property rights or any other right relating to the App or the Game and the services offered.
To this end, the User recognises that the reproduction, distribution, marketing, transformation and, in general, any other form of exploitation, by any means, of all or part of the Content of the App or the Game represents a breach of the intellectual and/or industrial property rights of the company or the holder of these rights.
The User may solely and exclusively use the Material that appears in this App or in the Game for his/her own personal and private use; their use for commercial purposes or to partake in unlawful activities shall be prohibited.
Based on the provisions of Articles 8 and 32.1, paragraph two, of the Intellectual Property Law, the reproduction, distribution and public communication, including the provision, of all or part of the Content of this App, for commercial purposes, regardless of the support or technical means, shall be expressly prohibited without authorisation from LaLiga. The User shall respect the Intellectual and Industrial Property Rights of LaLiga and all third parties.
LaLiga shall ensure compliance with the above Conditions and the correct use of the Content featured in the App, pursuing all the corresponding civil and criminal avenues in the event that the User breaches or fails to comply with these rights.
7. Amendments to the Legal Notice and Conditions
LaLiga may replace, at any time, for technical reasons or due to changes in the provision of services or regulations, or amendments that may be caused by standard codes or, as applicable, strategic corporate decisions, this Legal Notice and its Conditions, which shall replace, complement or modify the Conditions of the App and/or Game accordingly.
When the Legal Notice and these Conditions are replaced or amended, this shall be reflected in the App and/or Game and/or a notice displayed; should the User continue using the App, it shall be understood that he/she accepts the amendments made, unless the User is required to confirm his/her express acceptance or consent in line with the applicable regulations, in which case the User shall be asked for this acceptance or consent. In the event that the User does not agree with the amendments made, he/she may unsubscribe from the Game and leave the App following the corresponding procedure.
The User is encouraged to periodically consult the Legal Notice and Conditions, as they may be subject to change; he/she may consult the most recent version under “Conditions of Use of the Game”. The validity of these Conditions shall therefore coincide with the period of time in which they are shown, until they are amended in full or in part.
8. Legal disclaimer
LaLiga, as the entity that is responsible for the technical and organisational management of the App and the Game, hereby declares that:
- LaLiga shall operate the App and the Game with reasonable diligence and professionalism. LaLiga shall make no promise or offer any other guarantee concerning the App or the Game. Specifically, it does not guarantee that:
- the User’s use of the App and/or the Game shall be free from downtime or errors. The User hereby accepts that LaLiga may occasionally disrupt the App and the Game’s functionality for indefinite periods of time or close the App and the Game at any time for technical or operating reasons, in which case, notice shall be provided insofar as possible.
- The App and/or the Game shall be free from losses, corruption, attacks, viruses, interference, acts of hacking and other security intrusions, which shall be considered acts of force majeure, in which case LaLiga shall be held harmless of all liability. Some Material may only be downloaded once, afterwards, it cannot be replaced, regardless of the reason for its loss. The User shall be responsible for making backup copies on his/her own system, including copies of any Material.
- By way of clarification, LaLiga shall not be held liable, with the User solely responsible in terms of acquisition, knowledge and control, for any other costs that, as applicable, may be required to correctly use the App and receive the Game (other than the specific payment that LaLiga may establish to download the App or the Game or any of the services and the Content or Material offered on these platforms).
- Unless expressly stated in section (e) below, or in the event that the User exercises his/her legal right to receive a refund or compensation, neither LaLiga nor its directors, executives, employees, subsidiaries, agents, contractors, licensees or partners shall be held responsible for any loss or damages caused by LaLiga, its employees or agents when:
- the legal duty of care assumed by LaLiga before the User has not been breached by the former or any of its employees or agents;
- they are not a reasonably foreseeable result of this breach;
- any increase in losses or damages is caused by a breach by the User of any of the provisions of these Conditions;
- they are caused by the decision of LaLiga to remove or refuse to process any information or Content, create a warning, suspend or cancel access to the Game’s point of sale (as applicable) by the User or adopt any other measure during the investigation of any possible breach or as a result of a decision by LaLiga that these Conditions have been breached; or
- these correspond to a loss of income, business or earnings or a loss or corruption of data relating to the User’s use of the App or the Game.
- LaLiga shall try, by all possible means, to protect the information sent by the User to LaLiga’s App, including protection against any form of fraudulent use; LaLiga may ask that the User change his/her password at any time to guarantee security.
- If the User breaches these Conditions, it shall be liable before LaLiga, its directors, executives, employees, subsidiaries, agents, contractors, partners and licensees for any claims resulting from this breach. Furthermore, the User shall be held liable for any measure adopted by LaLiga as part of an investigation into a possible breach of these Conditions or as a result of the decision or conclusion, on the part of LaLiga, that there has been a breach of these Conditions.
9. Right to make amendments to the App and/or Game by LaLiga
LaLiga reserves the right to make, without prior notice, the changes it believes necessary to the App and the Game, including the amendment, erasure or addition of Content, Material and services provided, in addition to the way in which they are presented or located.
In this connection, the access, Content, Material and/or services offered via the App or Game shall have, in principle, an indefinite duration, unless provided otherwise in the Conditions or the applicable legislation at any given time. However, the User hereby accepts that LaLiga may, at any time, unilaterally terminate, suspend or interrupt the availability of the App and/or Game and/or any services without the need for prior warning, without the User retaining any right to claim compensation. Subsequently, the User shall destroy all material he/she may have obtained corresponding to the Game and/or the App in which Game Material and/or Content is offered, including all corresponding software and documentation, in addition to any copies, printouts and installations.
If the Game is cancelled or terminated, LaLiga may permanently remove the information associated with your account, including your Content, from its servers; LaLiga has no duty to return any Content to you in these circumstances.
10. International usage
The Game regulated under these Conditions and offered through the App is managed by LaLiga, which operates in Spain, with the Content and Material available within the territorial area of Spain. Although access to the App and the aforementioned Game may be possible outside Spain, given the “non territorial” nature inherent to Internet use, the User accepts that the App and the Game are designed to be used by anybody or any entity in any country or jurisdiction provided that its use does not contravene the local Laws and regulations in force at any given time. Therefore, if any of the Content or Material or elements housed on the App or Game are considered unlawful in any other country, access thereto and their use by the User is prohibited; in the event that this should occur, the User shall be solely responsible and shall be required to fulfil and observe the Laws applicable to these countries.
The User shall use the App and the Game in any specific country at his/her own responsibility. Furthermore, the User is hereby informed that it is possible that some of the functions of the App and the Game may not be available and/or work properly in all countries due to technical and/or legal restrictions.
11. Applicable law and jurisdiction
The relationships established between LaLiga and the User shall be governed by the provisions in force in terms of the applicable legislation and the competent authority. However, for cases in which the regulation provides for the possibility of the parties being subject to a jurisdiction, LaLiga and the User, expressly rejecting any other that they may be entitled to, shall submit all disputes and/or lawsuits to the Courts of the city of Madrid.