BarçaTV+ Subscription Contract

1. Introduction

Barcelona Football Club (hereinafter, “FC Barcelona” or the “Club”), which has its registered office at Calle Arístides Maillol, s/n, 08028, Barcelona (Spain), tax ID number G-08266298, welcomes you to Barça TV+, a personalised subscription service that offers the user access to highlights and matches ‘as live’ of its football teams and all other sections of FC Barcelona, documentaries, contents involving players, interviews, behind the scenes content, training sessions, and a 24/7 Barça TV linear channel (hereinafter, “Barça TV+ Content/s”) through our website and/or official applications (hereinafter, the “Platforms”).

This subscription contract only and exclusively governs the use the user makes of the Barça TV+ service. The user must bear in mind that use of other services offered by FC Barcelona is governed by the terms and conditions of use that correspond to them, and which can be consulted at any time through the Club’s official website.

By clicking “accept and continue” or by using any other commonly used acceptance mechanism during the registration process, the user indicates they accept this subscription contract. If the user does not accept this subscription contract, they may not use the Barça TV+ service.

2. Barça TV+ subscription

Only residents in the countries where Barça TV+ services are offered (hereinafter, and collectively, the “Territory”) may subscribe to an account on the Barça TV+ service. The user must also have a CULERS MEMBERSHIP (or register if they have not yet registered) and be over 18 years old in order to purchase and subscribe to the Barça TV+ service. Minors may only use the service under the supervision and responsibility of an adult. Parents or legal guardians who allow minors to use the service will be solely responsible for determining the Content to which said minors have access.

The user is solely responsible for maintaining the confidentiality and security of their username and password, and for all activities and use of the services that occur from and/or through their account or subscription. However, if the user allows a third party to access their account, the terms and conditions of this contract will apply to the access and use made of the services by said third party. The user will immediately inform FC Barcelona of any unauthorised access to their account. The Club will not be responsible for any possible losses resulting from unauthorised use of the user’s account.

3. Subscription conditions

a. Subscription and automatic renewal. The user’s subscription will have a set term, which may be monthly or annual. The subscription chosen by the user will renew automatically at the end of the billing period, unless the user cancels their subscription in accordance with the cancellation instructions indicated later in this document. Payment will be charged using the payment method selected by the user, once the free trial period (see next section) has come to an end, and at the start of each new billing period, unless the subscription is cancelled. FC Barcelona reserves the right to change its prices for the rates available. In this case, the Club will notify the user by email a minimum of thirty (30) days in advance of said changes coming into force. If the user does not wish to accept the change in price, they may cancel their subscription, and said cancellation will come into effect at the end of the billing period in progress. If the user does not cancel their subscription once the price change has come into force, their subscription will be renewed at the updated price, and it will be understood that the user authorises FC Barcelona to charge them the corresponding amount using the selected payment method.

b. Payment method. The user may pay for the rate using any of the payment methods offered by FC Barcelona on its website. The user will have sufficient funds available to pay the selected rate via the chosen payment method, and the user will be responsible for any amount that cannot be collected. If, for any reason, FC Barcelona cannot proceed to collect payment, the user will be informed and the Club may suspend access to the services until the debt is collected via a valid payment method. The user may update the payment method associated with their account at any time through their user account.

c. Free trial period. The user’s subscription will begin with a free trial period. The duration of said trial period will be specified when the user subscribes, and its aim is to allow the new user to try the service. FC Barcelona will determine the duration of free trials at its discretion and, therefore, the availability of a free trial period is not guaranteed for all users. If the user enjoys a free trial period, they will be charged the first payment immediately after the trial period has come to an end, unless they cancel their subscription in accordance with the instructions indicated in this regard. The user will receive a specific notificationreporting the expiration of the trial period no more than seven (7) days before said expiration occurs.

For an annual subscription, the benefits related to the premium account (sending of a physical card, promotions, discounts, exclusive prizes, etc.) will not be activated until the free trial period has ended, if available when the user subscribes.

d. Cancellation, refund policy, and waiver of the right to withdraw. The user may cancel their subscription at any time and they will continue to have access to the service until the corresponding billing period comes to an end. The user may cancel their subscription through their personal account by following the cancellation instructions. Payments are non-refundable and we will not make any refunds or payments for Contents that have not been viewed. By signing this contract, the user accepts immediate provision of the service and the immediate availability of the Contents. The user also accepts that they will not have the right to withdraw from the services or this contract, pursuant to section 103 (m) of the General Law on Consumer and User Protection (Royal Decree 1/2007, of 16 November) once service provision has begun. If service provision has begun and the user no longer wishes to be bound by the contract, they must terminate the contract in accordance with the aforementioned provisions.

e. Right to amend the contract. FC Barcelona reserves the right to amend this subscription contract, with said amendments coming into force thirty (30) days from the date the corresponding notification is sent to the user. If the user does not agree with any amendment made to this contract, they may cancel their subscription to the service in accordance with the terms and conditions indicated in the previous section. However, certain aspects of the service may vary at any time, where notification will not be required, for reasons related to technical developments, provided that they do not involve an increase in the price of the subscription, or an alteration to the quality or a significant modification to the functional nature of the Barça TV+ service.

f. Notifications. The notifications that FC Barcelona sends to the user will be sent via email to the last email address the user provided. The user will be responsible for keeping their personal information updated at all times in order to provide us with their current email address. In the event the user does not use or check the email account provided, or if, for any other reason, the aforementioned notification cannot be delivered to the user, FC Barcelona sending the notification by email will constitute, for all intents and purposes, effective notification of the changes, amendments, aggregations, or eliminations described in said notification.

4. Use of the Barça TV+ service and Contents

a. Personal use. The service and all Contents are for the user’s personal use and, therefore, they may not be shared with individuals outside the user’s home, and their viewing may not be marketed. During the user’s subscription, FC Barcelona grants a limited, non-exclusive and non-transferable right to access the services and view the Contents. With the exception of the aforementioned, no rights, ownership or benefits will be transferred. In accordance with the foregoing, the user agrees not to use the services for public viewing.

A single user will have the right to use the service on a maximum of three (3) devices (computers, mobile phones, tablets or other approved devices) to view the Contents simultaneously. In the event the user tries to access the service from a fourth device using the same account, they will be shown a message informing them that they have reached the maximum number of devices that can access the service simultaneously. After a certain period of time, the Contents may be automatically reproduced using that fourth device by denying another device access. This should be done using the first device. Said period of time may vary at the discretion of FC Barcelona.

b. Compatible devices and internet connection. To use the service and view the Contents, compatible devices are required and certain programmes may need periodic updates. The user must have a high-speed internet connection to access and enjoy the services. The viewing quality of the Contents may vary depending on the device used and it may be affected by various factors, such as the user’s location, bandwidth available and/or internet connection speed.

c. Service availability. Certain Barça TV+ Contents may not be available in all countries or territories. Geographical restrictions will apply in accordance with the place from which the user has subscribed to the services and/or the place from which the services are being accessed. We may use different technologies and methods to check your geographical location.
FC Barcelona will operate the services with a reasonable degree of professionalism and diligence. FC Barcelona will not make any other guarantees or grant any other securities regarding the services.

Additionally, access to the service and Contents may not be available at certain times, including: (i) interferences, omissions, interruptions, computer viruses, telephonic breakdowns or disconnections in the operational nature of the services due to reasons outside the control of FC Barcelona; (ii) power supply or server outages; (iii) periods for maintenance and updating; (iv) force majeure; (v) as a consequence of other issues beyond the control of FC Barcelona or third parties. The Club will not be held liable in any of these scenarios, unless they are the result of gross negligence or misconduct by the Club.

d. Content streaming and downloading . Barça TV+ Content may be received via an online broadcast (streaming) with an active internet connection. Additionally, certain Content may be available for temporary download and offline viewing on specific compatible devices. The number of downloads will be limited at the discretion of FC Barcelona. The time for which certain temporary downloads are made available for offline viewing may change.

e. Customer service. For further information about the service and its options, the user can visit the customer service portal, which will be available on FC Barcelona’s official website.

f. Third-party services and contents. Part of the Barça TV+ services and/or Contents may be integrated or provided in relation to third-party services and/or contents. We do not control third-party services or contents.

5. Intellectual property rights licensing

a. License. FC Barcelona grants the user a limited, personal, revocable, non-exclusive, non-transferable right that may not be assigned and that may not be sublicensed in the Territory, and which is subject to the terms and conditions detailed herein, so they may do the following:
i. Install the Barça TV+ service for personal, non-commercial use.
ii. Receive an online broadcast (streaming) or temporarily download Contents protected by intellectual property rights, which include, but are not limited to, matches, documentaries, interviews, contents involving players, behind the scenes content, training sessions, a 24/7 Barça TV linear channel, and any other entertainment or informational programme available on the Barça TV+ service. This is a license and not a purchase agreement or assignment of any right to the Barça TV+ Contents. The license to receive streaming or temporarily download the Contents does not generate any ownership rights over the Contents. Said Contents and the Barça TV+ service, including elements protected by copyright, trademarks, service logos, trade names, commercial images, and all other intellectual property rights that may exist with regard to the Contents are owned by FC Barcelona (or the Club is their legitimate licensee) and they are protected by copyright and trademark regulations, in addition to all other intellectual and industrial property laws.

b. Restrictions on the user’s use of the Content. The user accepts that, as a condition of their license, they may not and they will refrain from:
i. Circumvent or disable any content protection system or digital rights management technology used in relation to the service in order to control access to the Content.
ii. Copy the Content (unless expressly permitted to do so, if applicable, in this subscription contract).
iii. Rebroadcast, broadcast, communicate, or run the Content available on the Barça TV+ service.
iv. Create work derived from the Content.
v. Allow third parties to violate the aforementioned restrictions.

c. Restrictions on the user’s use of the service. The user accepts that, as a condition of their license, they may not and they will refrain from:
i. Transfer, decompile, reverse engineer, disassemble, or reduce the service in any other way to a format readable by humans.
ii. Modify the service by, including but not limited to, removing identifications, copyright notices, and other ownership notices related to the Content and/or the services.
iii. Access or use the service in a manner that suggests an association with our products, services, contents and/or brands.
iv. Use the service for commercial or corporate purposes, or in a commercial establishment or area or an area open to the public, or set up a business using the Content or service, whether or not it is for a profit.
v. Create work derived from any component of the service that is owned by FC Barcelona, its updates, or any of its parts, unless and to the extent that said restriction is prohibited by applicable legislation.
vi. Alter, modify, manipulate or circumvent any of the service’s functions or protections.
vii. Access, monitor or copy, or allow another person or entity to access, monitor or copy any element of the service by using a robot, spider, scraper and other automated or manual means or procedures, with or without written permission.
viii. Damage, disable, overload or harm the service in any way.
ix. Use the service illegally, for any unlawful purpose, or in any way that is contrary to this subscription contract.
x. Provide third parties with login information.
xi. Allow third parties to violate the aforementioned restrictions in any way.

d. Violations. Any attempt to carry out any of the restricted actions listed in sections 5 (b) and (c) will constitute a violation of FC Barcelona’s rights and the rights of the owner of the intellectual property rights.

6. Privacy policy

Your data will be processed in accordance with our Privacy Policy.

In any case, for further information on how your data is processed, as well as how to exercise your rights of access, rectification, erasure, objection, restriction or portability, you can send written communication to our Data Protection Officer at Calle Arístides Maillol, s/n, 08028, Barcelona (Spain), or send an email to proteccio.dades@fcbarcelona.cat.

If you have any questions or wish to make a complaint concerning how we process your personal data, you can contact our Data Protection Officer by emailing dpo@fcbarcelona.cat or by sending written communication to Calle Arístides Maillol, s/n, 08028, Barcelona (Spain), with the subject line “DPO”. If you do not receive a response within a reasonable time frame, you may file a complaint with the Spanish Data Protection Authority.

7. Independence of the clauses

If any of the provisions contained in this subscription contract is declared illegal, void or unenforceable for any reason, said provision will be considered independent to all other conditions and it will not affect the validity and enforceability of all other provisions. In this scenario, the user and FC Barcelona will replace the part declared illegal, void or unenforceable for another provision that is valid and binding, and for which purpose, given the contents and the purpose of this subscription contract, is as similar as possible to the part declared illegal, void or unenforceable.

8. Clauses that remain in force following termination of the contract

The provisions contained in this subscription contract that, given their nature, must remain in force following termination of this contract will remain fully effective.

9. Entire contract

This Barça TV+ subscription contract and the provisions contained herein constitute the entire contract between the user and FC Barcelona regarding its purpose, and it replaces all provisions, understandings, negotiations and discussions that may have taken place between the parties, whether verbally or in writing. Waiver of any of the provisions in this subscription contract will not constitute a waiver of any other legal provision, nor will it constitute continuing waiver, unless expressly indicated otherwise.

10. Governing law and jurisdiction

These Terms and Conditions will be governed and interpreted by the provisions laid out in the same, as well as by applicable Catalan, Spanish and international legislation. However, these Terms and Conditions will not limit any form of consumer protection to which the user has the right, pursuant to current legislation in their country of residence.

In the event that any disputes or discrepancies arise regarding the interpretation or application of these Terms and Conditions, the courts and tribunals that will hear the case, if applicable, will be those in the city of Barcelona (Spain). It is hereby recorded that the user consents and submits to the personal jurisdiction of said courts; none of this document’s provisions will prevent applicable legislation from by applied and observed. If the user decides to access the services, they will do so of their own accord and they will be responsible for complying with all applicable legislation, including any local laws that apply.

 

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