Legal Notice and APP Conditions
1. Ownership and purpose
In compliance with article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSICE), the following is the identification data of the service provider.
Owner: Club Deportivo Leganés (hereinafter, the "Club") is a Sports Corporation, with its own legal personality, and constituted in accordance with the provisions of Law 10/1990, of October 15, Sports, developed by Royal Decree 1251/1999 of July 16, 1999, on sports corporations.
CIF: A28526010
Address: C/Arquitectura S/N, 28918, Leganés, Madrid
Phone: 916888629
Email: lopd@cdleganes.com
The mobile application "C.D. LEGANÉS - APP OFICIAL" (hereinafter, the "Application").
Collaborator: LaLiga Group International, S.L. (hereinafter, "LaLiga"), with N.I.F. No. B-05421805 and registered office at Calle Torrelaguna 60, 28043, Madrid.
LaLiga is a company duly incorporated under Spanish law and is majority owned by the Liga Nacional de Fútbol Profesional.
2. The Application
2.1. Description
The Application is an app service with multimedia content and current information about C.D. Leganés: news, videos, games, configurable alerts, calendar, statistics, history, results, teams and access to the subscribers panel.
2.2. Acceptance of the Terms of Use (hereinafter, the "Terms").
The User (as defined below) undertakes to use the Application, as well as its contents, in a diligent, correct and lawful manner, in accordance with the Law, this Legal Notice and its Conditions, and other notices, regulations of use and instructions made known to him/her, as well as with generally accepted morals and good customs and public order and, in particular, undertakes to refrain from (a) using the Application in a manner, for purposes or with effects contrary to the Law, generally accepted morals and good customs or public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents of the Application, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (c) delete, evade or manipulate the copyright and other identifying data of the Application.
The downloading and/or use of the Application by a third party confers the condition of User (hereinafter, the "User") and implies full acceptance by said User of each and every one of the Conditions incorporated in this Legal Notice.
It is forbidden to carry out without due authorization any type of advertising or commercial information directly or covertly sending mass mailings ('spaming').
The User agrees not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any type of alteration in the computer systems of the Club or third parties.
2.3. Minimum Age
In order to access the Application, the User must be at least fourteen (14) years of age. Therefore, by accepting these Conditions, the User guarantees that he/she is over fourteen (14) years of age. Users under fourteen (14) years of age who have been authorized by their legal guardians may also access the Application.
The Club may contact Users at any time in order for them to duly prove their age and identity.
To prove age and identity, the User must provide a photocopy of his/her National Identity Card or equivalent identification document. In case of failure to provide this documentation, the Club may block your access to the Application and the Application.
2.4. Improper use of the Application
The User agrees to make proper use of the Application, the Materials (as defined in section 2. 3 of the Conditions) and the Contents that can be accessed through the Application, and (i) not to use them for illicit activities or activities contrary to good faith and legal order; (ii) not to disseminate content or propaganda of a racist, xenophobic, pornographic, apology of terrorism or against human rights nature; (iii) not to cause damage to the physical and computer systems of the Club or its suppliers, nor to introduce or disseminate computer viruses or any other physical or computer systems that are likely to cause the aforementioned damage.
2.5. Other Content
The Contents of the Application (the "Materials") shall be owned by or licensed to the Club and shall be subject to copyright, trademark and other intellectual property rights of the Club or the Club's licensors. All trademarks and service marks of other third parties contained in the Materials shall be the trademarks and service marks of their respective owners.
Such Materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without the prior written consent of the Club, or the Club's licensors, if applicable. The Club and its licensors reserve all rights not expressly granted with respect to its Materials.
2.6. Provision of User Content by the User: Licensing and Warranties
In the event that the functionality of the Application allows the User Content to be made available by the User (User Content being understood as the following: opinions, observations, comments, graphic material, photographs, links, questions, suggestions, information, videos, audio and other materials that the User sends to the Application or communicates using the Application), the User is free to make the same available, providing the Club with the information that may be required, if applicable, in relation to the origin and ownership of the User Content and the procedure by which the User has obtained it. This information must be truthful and verifiable in the event that the Club so requires.
The Club shall decide freely and without obligation on its part which User Content shall be made available to the public through the Application. In the event that the Club opens up the possibility of accessing User Content made available through the Application by Users, the Users declare that they are aware and accept that, once made available to other Users of the Application, the User Content will be available to third parties worldwide, and therefore expressly exempt the Club and any third party collaborating with the Club in the development of the Application from liability for any claims for this reason.
2.7. Advertising
The User acknowledges and accepts that advertising may appear on the Application and that, therefore, the User may access advertising from the Club and/or third party companies or professionals that contract with the Club.
2.8. LaLiga Services
LaLiga will implement a means of registration and single sign-on (LaLiga Single Sign-On) that allows the User to access an environment created by LaLiga (LaLiga Ecosystem) and integrated by several applications and websites, both of the Club and of the affiliated soccer clubs with which LaLiga maintains collaboration agreements, with the objective that the User can enjoy a series of advantages. Each user receives a unique identifier so that any selection or modification of preferences or deletion request made in one of the applications or websites that are part of the ecosystem will affect the rest of the LaLiga Ecosystem environment and the entities that comprise it.
Through the Club Single Sign-On a unique "fan profile" is created in all channels (assets) connected to the Club Ecosystem, which is shared by all entities responsible for such assets (applications and websites of LaLiga, applications and websites of affiliated clubs, etc.).
3. Acceptance of the terms of use
The User agrees to use the contents offered in the Application ("contents") in a diligent, correct and lawful manner and, in particular, agrees to refrain from (a) using the contents in a manner, for purposes or effects contrary to law, morality and generally accepted good customs or public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted; (c) delete, evade or manipulate the copyright and other identifying data.
The use of the Application by a third party confers the condition of User and implies full acceptance by said user of each and every one of the conditions included in this legal notice.
4. Liability regime
4.1. Responsibility for the use of the Application
The User is solely responsible for any infringements that may be incurred or damages that may be caused by the use of the Application, and the Club, its group companies, collaborators, employees and representatives are exonerated from any kind of liability that may arise from the actions of the User.
The Club will use all reasonable efforts and means to provide updated and reliable information in the Application, however, the Club does not assume any guarantee in relation to the absence of errors, or possible inaccuracies and/or omissions in any of the Contents accessible through this Application.
In this regard, the Club is not responsible for the suitability of the Content displayed on the Application for any purpose whatsoever. The display of a product or any Content on the Application does not imply, suggest or constitute in any way a form of sponsorship or endorsement of such product or content by the television operator, nor any association between such television operator and the Club. All content and other information provided on the Club is provided "as is" without warranty of any kind. The Club disclaims any warranty or obligation that this Application, its servers or any e-mail sent by the Club are free of viruses or other harmful components. The Club hereby disclaims any warranty or obligation with regard to any Content or any other information provided on the Application, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
The television operators are independent of the Club and are not agents or employees of the Club. The Club shall not be liable for the actions, errors, omissions, representations, warranties, breaches or negligence of any of them, including any damages, death, property or other damage or expense arising therefrom.
The User is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against the Club or third party collaborators and based on the use by the User of the Application. If applicable, the User will assume all expenses, costs and indemnities incurred by the Club as a result of such claims or legal actions.
4.2. Responsibility for the operation of the Application
The Club excludes all liability that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system, due to causes beyond the Club's control.
Likewise, the Club also excludes any liability that may arise from delays or blockages in the operation of this electronic system caused by deficiencies or overloading of telephone lines or the Internet, as well as damage caused by third parties through unlawful interference beyond the control of the Club.
The Club is entitled to temporarily suspend, without prior notice, access to the Application for maintenance, repair, updating or improvement operations.
In the event that the Application may contain links to other portals or sites not managed by the Club, this company declares that it has no control over such sites and is not responsible for their content. The links that this Application may contain are offered as informative references, without any type of evaluation of the contents, owners, services or products offered therein.
In any case, the Club disclaims all liability in connection with the services provided by such third parties against any claims of any nature and lawsuits that may be filed in connection therewith.
5. Intellectual and industrial property rights
All the Contents of the Application, unless otherwise indicated, are the exclusive property of the Club, including, but not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs and other elements that appear in the Application. Likewise, all trade names, trademarks or distinctive signs of any kind contained in the Application are protected by law.
The Club does not grant any type of license or authorization of personal use to the User on its intellectual and industrial property rights or on any other right related to the Application and the services offered.
Therefore, the User acknowledges that the reproduction, distribution, commercialization, transformation, and in general, any other form of exploitation, by any procedure, of all or part of the Contents of the Application constitutes an infringement of the intellectual and/or industrial property rights of the company or the owner thereof.
The User, solely and exclusively, may use the Materials that appear in this Application or in the Application for his personal and private use, being prohibited its use for commercial purposes or to incur in illicit activities.
Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including its modality of making available, of all or part of the Contents of this Application, for commercial purposes, in any support and by any technical means, without the authorization of the Club, are expressly prohibited. The User undertakes to respect the Intellectual and Industrial Property rights owned by the Club and any third party.
The Club will ensure both compliance with the above Conditions and the proper use of the Content presented in the Application, exercising all civil and criminal actions that apply in the case of infringement or violation of these rights by the User.
6. Links
In the event that the Application may contain links to other portals or web pages not managed by the Club, these entities state that they do not exercise any control over such portals or web pages, so it is not responsible in any way for those contents, commercial activities, products and services included therein that could be viewed through such links, directly or indirectly, through this website, especially those that may correspond to value-added content for the user, such as leisure, entertainment, curiosities, tips, etc.. and to those websites of brands sponsored by the Club.
The presence of links on the Club's website, unless expressly stated otherwise, is for information purposes only and in no case can be considered as a suggestion, invitation, sponsorship, distribution or recommendation about them.
These links do not represent any type of relationship between the Club and the individuals or companies that own the Application Sites that can be accessed through these links, nor between the Club and the centers or institutions sponsored by the Club or with which it collaborates. The Club reserves the right to withdraw unilaterally and at any time the links that appear in the Application.
In any case, the Club disclaims all liability in connection with the services provided by such third parties against any claims of any nature and lawsuits that may be filed in connection therewith.
7. Help Service
The Application makes available to all its users a customer support service for the purpose of managing any incidents that users may have relating to the platform, as well as notifying any question, claim or request relating to the Application's services.
Contact with the Application's support team may be made via e-mail, at comunicacion@cdleganes.com.
The information we receive will be treated confidentially, and the Club will have a reasonable time to respond to requests received from users.
8. Modifications of the Conditions
The Club may replace, at any time, for technical reasons or due to changes in the provision of the service or in the regulations, as well as modifications that may arise from applicable standard codes or, where appropriate, due to strategic corporate decisions, the conditions and privacy policy that, as the case may be, will replace, complement and/or modify the conditions and privacy policy of the Application.
When the conditions or privacy policy are replaced or modified, they will be published in the Application and/or notice will be given through the same, and if the user continues to use the service, it will be understood that they have accepted the modifications introduced, unless it is necessary to request the user's express acceptance or consent in accordance with the regulations that are of web page, in which case the user will be asked for such acceptance or consent. In the event that the user does not agree with the modifications made, he/she may unsubscribe from the Application by following the procedure provided for this purpose.
The user is recommended to periodically consult the conditions and privacy policy, as they may undergo modifications, and the current version can be consulted in the section "Conditions of Use of the Application". The temporary validity of these conditions coincides, therefore, with the time of their exposure until such time as they are totally or partially modified.
9. Right to make changes to the Application by the Club
The Club reserves the right to make, without prior notice, the modifications it deems appropriate in the Application, being able to change, delete or add both the Contents, Materials and services it provides, as well as the way in which they are presented or located.
In this sense, the access, the Contents, Materials and/or services offered through the Application have, in principle, an indefinite duration, unless otherwise provided in the Conditions or in the applicable legislation at any given time. However, the User accepts that the Club may unilaterally terminate, suspend or interrupt, at any time without prior notice, the availability of the Application and/or any of the services, without the User being able to demand any compensation whatsoever. Upon such termination, the User shall destroy any material it has obtained in respect of the Application in which the Application Materials and/or Content are offered, including all related software and documentation, as well as any copies, printouts and installations.
If the Application is cancelled or terminated, the Club may permanently delete the information associated with your account, including your Content, from its servers, and the Club shall have no obligation to return any Content to you.
10. International Terms of Use
The Application governed by these Terms is managed by the Club, which operates in Spain, and the Content and Materials are available within the territory of Spain. Although access to the Application and the referred Application may be available from outside Spain, given the inherent "non-territorial" nature of Internet access, the User accepts that the Application is intended to be used by any person or entity in any country or jurisdiction insofar as its use is not contrary to local laws or regulations in force at any given time. Therefore, if any or all of the Contents and Materials or elements hosted in the Application were considered illegal in other countries, access to them and their use by the User is prohibited and, in the event that these occur, it will be exclusively under the responsibility of the User, being obliged to comply with and observe the Laws applicable to these countries.
The use of the Application by the User within a specific country will be made under his/her responsibility. Likewise, the User is informed that it is possible that some of the functionalities of the Application are not available and/or do not work properly in all countries due to technical and/or legal limitations.
11. Applicable law and jurisdiction
The relations established between the Club and the User shall be governed by the provisions of the current regulations regarding applicable law and competent jurisdiction. However, for those cases in which the regulations foresee the possibility for the parties to submit to a jurisdiction, the Club and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any controversy and/or litigation to the knowledge of the courts and tribunals of the city of Madrid.