Legal Notice (website) Futbol Club Barcelona
1. OWNER OF THE DOMAIN www.fcbarcelona.com.
In compliance with Law 34/2002, of July 11, on Information Society and E-Commerce Services (LSSICE), users are informed that the owner of this domain is Futbol Club Barcelona (hereinafter FCB or CLUB), whose head offices are at Avinguda Arístides Maillol, s/n, 08028 Barcelona, Spanish Tax Identification Code (CIF) G-08266298, included in the Registre d’Entitats Esportives (Registry of Sports Organisations) of the Generalitat de Catalunya (Government of Catalonia) as a sports club, with number 2.590, Volume 2, Page 295 of the Llibre de Registre d’Entitats Esportives (Log Book of Sports Organisations).
2. OBJECT AND SCOPE OF APPLICATION.
The object of these conditions for the use of the www.fcbarcelona.com website is to govern the free provision to the general public and FCB supporters in particular of access to sporting, institutional and social information, as well as information about the products and services offered by FCB, or by the CLUB’s third party suppliers and/or collaborators, that could be of interest to the user.
The user is subject to policies and conditions as applicable at the time that they use this website, unless, by law or by decision of the competent body, retroactive changes have to be made to said policies or conditions. In this regard, FCB reserves the right to make, at any time and with no need for advance notice, any modifications or updates to the information contained in the website, or to the configuration or presentation of the same, or to the conditions for access. Users are therefore advised to assiduously review the conditions determined by this legal notice.
The mere use and exploration of this website, as well as requests for information and, if appropriate, registering or contracting certain products and/or services (e.g. purchase of tickets for sports events), supposes acceptance as a user, and without reserve of any nature, each and every one of these general conditions for access and use and, if relevant, registration and contracting.
3. PROVISION OF THE SERVICE.
The CLUB does not guarantee the inexistence of interruptions or errors in access to the website or its content, or that the same is free from viruses, or any other elements that could cause alterations to the user’s computer systems. FCB shall do all that it can to correct errors and re-establish communications, as long as this is possible and that the repair work is not difficult to perform, as soon as it receives notice of said errors, disconnections or outdated content.
The CLUB shall not be held responsible for damages that may arise from interferences, omissions, interruptions, computer viruses, defects and/or disconnections in the operation or in the operative functions of this electronic system or the user’s computer devices or equipment, for reasons beyond the control of FCB, that prevent or delay the provision of services or web browsing, or delays or blockages in the use caused by deficiencies or overloads of the Internet or other electronic systems or similar, or the impossibility of providing service or allowing access for reasons not attributable to the CLUB, due to the user, third parties or force majeure.
4. INFORMATION PROVIDED ON THE WEBSITE.
If at any time there should be any error in the information contained in the website, this will be corrected immediately. Likewise, some of the website’s content may, at times, be provisional information.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY.
The texts, images, logos, identity symbols, sounds, animations, videos, source codes and other contents included in the website are the property of the CLUB, or in certain cases it has the right to use and exploit the such content, and in such a regard, these are works protected by applicable national and international legislation regarding intellectual and industrial property as applicable at any time. Therefore, the total or partial exploitation of any of the content (text, “logo”, images, designs, etc.) that appear on the FCB website, as well as any copying, reproduction, adaptation, modification or transformation of the content of the website is strictly forbidden unless this is with prior approval from the CLUB, which, under all circumstances, must be express and written.
6. HYPERLINKS AND/OR LINKS.
Among its content, the FCB website includes links to other websites managed by third parties in order to facilitate access by the user to associated information on the Internet. However, the CLUB shall not be held responsible for the existence of links from third party websites to other websites that are not associated to FCB. The links provided on the CLUB website are provided to the user of the FCB website for informative purposes, but under no circumstances does this imply that the CLUB is a guarantor of, or a party offering, any services and/or information that might be offered by third parties via these links.
In relation with the aforesaid, FCB shall not be held responsible for any of the services and/or information that are provided on any website that links to its own website. The CLUB does not control or exercise any kind of supervision when a link is included on the www.fcbarcelona.com website. However, the use of links to other websites does not suppose, in any way, any responsibility or appropriation of the content of the same, and it may not be understood that there is any form of supervision or appropriation of any changes or information regarding the same. FCB advises visitors to said other websites to read any legal conditions that are presented on the aforesaid websites.
The inclusion in websites that do not belong to the CLUB of hyperlinks for advertising, commercial or association purposes that allow access to the FCB website without its prior and express consent and/or authorisation is strictly prohibited. In whatever case, the existence of hyperlinks on websites that do not belong to the CLUB does not imply in any way the existence of commercial, trading or any other relation with the owner of the website that creates the hyperlink, or any acceptance by the CLUB of its contents, opinions or services.
7. RESPONSIBILITY FOR THE CONTENT OF HYPERLINKS.
FCB accepts no responsibility for any damages that may be caused due to:
- Functioning, availability, accessibility or continuity of websites that its own website is linked to.
- Maintenance of any information, content or services existing on websites that its own website is linked to.
- The provision or transmission of information, contents or services existing on these websites.
- The quality, legality or reliability of the content and services existing on websites that its own website is linked to.
- Breach of the law, morality or good practices as a consequence of the disclosure, storage and provision of contents supplied by third parties.
- Breach of intellectual or industrial copyright, rights to honour, rights to personal intimacy, family rights, personal image rights or rights regarding the communication of personal information by third parties.
- Performing acts of unfair competition or illegal advertising.
- These contents not being truthful, accurate or up-to-date.
8. CONDITIONS FOR USE OF THE WEBSITE BY USERS.
Access to the www.fcbarcelona.com website is voluntary. In general, the user agrees to use the website, and the contents and services that it offers, in a diligent, correct and lawful manner, and to comply with the present general conditions, and any special notices or instructions for use contained in the same and the demands of good faith, exercising due diligence and abstaining from using the website in any way that could prevent, damage or deteriorate the normal operability of the same, or the rights and duties of FCB, its suppliers, other users and, in general, any third party. Minors may not access or use the website without the express consent of their parents or legal guardians.
Specifically, when using the www.fcbarcelona.com website, the user agrees not to:
- Reproduce in any way, not even in the form of a hyperlink, the CLUB website or any of its contents, unless this is done with the express, written and granted permission of somebody from FCB with sufficient authority to do so.
- Not to delete, elude or manipulate the copyright or other details identifying the rights of its owners included in the content, or the technical protection systems, or any other informative mechanism that could contain the content.
- Alter, reprogram, modify, adapt or translate any of this website’s source code. Any partial or total reproduction of the website’s source code on any support and for any reason shall be considered to be an unauthorised copy.
- Enter, store or disclose to or from the website, any information or material that might be defamatory, injurious, obscene, threatening, xenophobic, inciting of violence, discriminatory in terms of race, sex, ideology, religion or any other form, or that is an affront to morality, public order, fundamental rights, public liberty, honour, intimacy, the image of third parties or, in general, applicable legislation.
- Enter, store or disclose to or from the website, any program, data, virus, code or any other electronic or physical device that is susceptible to causing damage to the website, or to any of the CLUB’s equipment, systems or networks, or to any other user, or to FCB’s sponsors, collaborators, suppliers etc., or to, in general, any third party.
- Perform actions for advertising or commercial purposes by means of this website, or use the content or information in the same to issue advertising, or to send messages for any commercial purpose, or to collect and store third party personal details.
- Use false identities, or assume the identity of others when using the website or when using any of the services in the same, including use, if relevant, of third party passwords or access codes or similar.
- Destroy, alter, use for one’s own purposes, render unusable or damage the CLUB’s electronic data, information, programs or documents, or that of its sponsors, collaborators, suppliers or third parties.
- Enter, store or disclose via the website any content that breaches intellectual or industrial property law, or third party trade secrets, and in general any content for which the user does not, by law, have the right to provide the same to third parties.
In compliance with applicable legal dispositions, users’ IP addresses shall be stored for the legally determined period of time, in order to be able to detect compliance with applicable legislation by users. Should content be published or should comments be made that could be considered breaches or felony, the website’s administrators may block, track, or delete any content or message in accordance with the aforesaid criteria.
Generally, the use of the website’s services does not require prior registration or subscription by users. However, there are services, such as entry for competitions, draws and games, or subscriptions for newsletters, etc. where it is necessary to register as a web user. This registration shall be conducted as expressly indicated in the service and the data provided will only be used for the purposes and under the guarantees as indicated in the legal notices contained in the registration forms or instructions.
For said purposes, the user must provide information that is their own, correct, truthful and licit as requested on the user registration form, and must keep this information up to date. The user shall be the only party held liable for any false or imprecise statements that are made. Therefore, FCB shall not be held responsible for the veracity or exactness of the data provided by users.
Moreover, if as a consequence of this registration, a user is given a specific user name, code and/or password, this user agrees to make diligent use of the same and to keep it secret, maintaining custody over the same, as they are considered to be of a personal and confidential nature, and the user agrees not to transfer use of the same to third parties, neither temporarily nor permanently, and not to allow access by other persons. The user shall be responsible for the use of the services by any illegitimate third party of a password as the result of non-diligent use or loss of the same by the user.
The CLUB shall ensure at all times that the principles regulated by applicable legislation regarding the protection of data of a personal nature are upheld, only making it compulsory for data to be provided that is essential in order to offer the website’s services and guaranteeing at all times the adequate measures to ensure security and integrity in accordance with the legal requirements for each type of file.
10. EXEMPTION OF FCB FROM LIABILITY.
In no case is FCB responsible for any of the types of circumstances listed hereafter, which serve as examples for illustrative purposes only, or for any damages that may be derived from the same, against which it cannot and is not obliged to provide a guarantee: a) Possible security errors that may be produced as a result of using virus infected computers; b) the use by third parties of elements belonging to the CLUB that lead to confusion of identity; c) breach of industrial and intellectual copyright by third parties; d) incompliance by third parties that may affect the users of the FCB website; e) the website or any of its services not working properly for causes not imputable to the CLUB; f) consequences derived from a malfunctioning browser or the use of outdated versions of the same.
FCB shall not be held responsible for breach by its users of the conditions in this legal notice, or for the use of the services and contents accessible via this website. Any damages that might be caused by a user adopting the personality of a third party in any communication made via this website shall be the responsibility of the person who did so, as the CLUB cannot control the authenticity of contents or information provided by users of the website.
In accordance with Spanish Organic Law 15/1999, of December 13, in relation to the Protection of Data of a Personal Nature, and applicable legislation developing the same, data concerning the users that access the www.fcbarcelona.com website will be included in an automated file that is the responsibility of FCB, whose domicile is Arístides Maillol, s/n (08028) Barcelona, said file being considered to be confidential in nature, in order to send communications in relation to users’ status and association with the CLUB (member, supporters club member, “Barça Fan”, etc.) in relation with FCB’s sporting, institutional and social life, and offering products and/or services either of the CLUB or of organisations that collaborate with FCB that, through agreement, may have some special offer that could be of interest to the members, supporters and internet users that have supplied their details. The user is also willing for FCB to be able to provide his or her personal details to third party collaborators in order for these to be able to make offers and/or send communications to users for commercial or promotional purposes in relation to products or services that could be of interest to them.
Likewise, adult users, and in the case of minors their legal guardians in their name and representation, may at any time exercise their right to access, rectify and/or modify this data by sending a written communication along with a photocopy of their national ID document, and in the case of minors (if applicable) also a photocopy of the minor’s national ID card to the party responsible for the file, namely Futbol Club Barcelona, to its head offices at Avinguda Arístides Maillol, s/n, 08028 Barcelona, or to the following email address: firstname.lastname@example.org, specifically stating the right to be exercised and the reasons.
FCB possesses the technical knowledge and means required for the treatment of computer databases and the provision of certain services and possesses and employs the security measures required for proper data protection and security in accordance with the standards established in currently applicable regulations regarding data protection.
a. QUERIES, SUGGESTIONS, COMPLAINTS OR CLAIMS.
For any suggestion, query, complaint or claim, users may contact FCB via any present or future communication channels as determined at any time, such as:
- Telephone: 902 1899 00 (Spain) / + 34 93 496 36 00 (outside of Spain)
- Email: email@example.com
- Post: Futbol Club Barcelona, Avinguda Arístides Maillol, s/n, 08028 Barcelona (Espanya)
FCB declares that in order to improve and facilitate browsing, the www.fcbarcelona.com website uses devices for implanting cookies and IP storage. This cookie is a file that is deposited in the user’s system, and which is used to make it easier to browse the website (a cookie cannot contain a virus or be run, because it is not an active file). This cookie can only be read by the Club and by the user, and can be deleted by accessing the browser options.
13. APPLICABLE LEGISLATION AND JURISDICTION.
The current conditions are to be governed by applicable Catalan, Spanish and International legislation.
Should any conflict or discrepancy arise with regard to the interpretation or application of these legal conditions, the courts or tribunals that, if required, shall handle the case shall be those stipulated by legally applicable legislation regarding matters of competent jurisdiction, with regard to end consumers, in the place of compliance with the obligation or the user’s home address.
If the user should abide outside of Spain, or if the case consists of a transaction performed by a company, both parties shall be subjected to, and expressly renounce any other jurisdiction that could correspond to them, the Courts and Tribunals of Barcelona (Spain).