These Conditions of Use (hereinafter, the Conditions) regulate access to and use of the mobile app "THE BEAT CHALLENGE" (hereinafter, the "App"), accessible by downloading it through authorised download sites. Access to and use of the App by the User (hereinafter, the 'User’) is free of charge; the User is required to register and accept these conditions of use and the Privacy Policy in advance.
In compliance with Article 10 of Act 34/2002 of 11 July on Electronic Commerce and Information Society Services (LSSICE), the service provider's identification data is set out below.
Owner: LaLiga Entertainment, S.L (hereinafter, “LaLiga”), with tax identification no. (N.I.F.) B-42958694 and registered offices at Calle Torrelaguna 60, 28043 Madrid, is the organisation responsible for this website and is the owner of the domain:
LaLiga Entertainment is an organisation with a corporate purpose consisting of the development, promotion and commercial exploitation of entertainment attractions for users at certain theme, amusement and leisure parks.
The App enables an augmented reality “gamification” experience based on the Spanish football league competition, the actions of which are developed at PortAventura World's facilities.
The User (as defined below) undertakes to use the App and its content in a diligent, appropriate and lawful manner, in accordance with the Law, this Legal Notice and its Conditions, and other notices, the regulations for use and instructions made known to them, as well as public morals and generally-accepted decency and public order and, specifically, to abstain from (a) using the App in a manner, for purposes or effects, contrary to the law, public morals or generally-accepted decency or public order; (b) reproducing or copying, distributing, permitting public access through any form of public communication, transforming or modifying the Content of the App, unless they have the authorisation of the holder of the corresponding rights or it is legally permitted to do so; (c) deleting, evading or manipulating copyright or other identification data of the App.
The download and/or use of the App by a third party grants them the condition of User (hereinafter, the “User”) and implies the full acceptance by said User of every single Condition included in this Legal Notice.
It is prohibited to directly or covertly carry out any kind of advertising or send commercial information or spam without the appropriate authorisation.
The User undertakes to not introduce programs, viruses, macros, applets, ActiveX controls or any other logic devices or character strings that cause or could cause any kind of changes on the IT systems run by LaLiga or third parties.
Users who want to use the App must be at least 16 years old to access it, and for these purposes, the User hereby declares that they are over 16 years old.
The User undertakes to use the App, the Materials (as defined in Section 2.3 of the Conditions) and the Content that can be accessed through the App appropriately, and (i) to not use them for activities that are illegal or contrary to good faith or the legal system, (ii) to not disseminate content or material that is racist, xenophobic or pornographic, that advocates terrorism or violates human rights, and (iii) to not cause damage to the physical or IT systems run by LaLiga or its providers, and to not introduce or spread computer viruses or any other physical or IT systems that could cause the aforementioned damage.
In the event that the App’s functionality allows for the User to make User Content available (“User Content” is understood to mean the following: opinions, observations, comments, graphic material, photos, links, questions, suggestions, information, videos, audio and other material that the User sends to the App or communicates using the App), the latter is free to make the same available, giving LaLiga the information required, where relevant, in connection with the origin and ownership of the User Content and the way in which the User obtained it. This information must be accurate and verifiable in the event that LaLiga so requires it.
LaLiga will decide freely and without any obligation on its part what User Content needs to be made available to the public through the App. In the event that LaLiga opens the option of accessing User Content made available through the App by Users, the latter state that they are aware and accept that, once made available to other Users of the App, the User Content will be available to third parties worldwide, consequently, LaLiga and any third party that collaborates with LaLiga on developing the App may not be held liable for any claims for this reason.
The User is aware and acknowledges that advertising may appear on the App and that, therefore, they may access advertising by LaLiga and/or third-party companies or professionals who are LaLiga’s partners.
The User undertakes to use the content provided on the App (“content”) in a diligent, appropriate and lawful manner and, specifically, to abstain from (a) using the content in a manner, for purposes or effects, contrary to the law, public morals or generally-accepted decency or public order; (b) reproducing or copying, distributing, permitting public access through any form of public communication, transforming or modifying the content, unless they have the authorisation of the holder of the corresponding rights or it is legally permitted to do so; (c) deleting, evading or manipulating copyright or other identification data.
The use of the App by a third party grants them the condition of User and implies the full acceptance by said User of every single condition included in this Legal Notice.
The User is solely liable in the event of any legal, judicial or out-of-court actions or claims for any infractions that may be incurred or any damages that may be caused by the improper use of the App, against the provisions of these conditions of use, holding LaLiga, its group companies, partners, employees and representatives harmless from any kind of liability that could arise due to the User’s actions. Where relevant, the User will assume all expenses, costs and compensation that could be incurred by LaLiga due to such legal actions or claims.
LaLiga will, through all reasonable means and efforts, provide up-to-date, reliable information on the App, however, LaLiga does not provide any guarantees as to the absence of errors, possible inaccuracies and/or omissions in any of the Content accessible through this App.
Displaying a product or any Content on the App in no way implies, suggests or constitutes a form of sponsorship or approval of said product or content provided by the television broadcaster, or any type of association between said television broadcaster and LaLiga.
LaLiga hereby states and guarantees that the App has the necessary technology to date to access and/or use it and that it has adequate security systems in place according to current technology. However, despite the implementation of technical security measures, LaLiga does not guarantee that the App is free of viruses or other harmful technological elements that could cause alterations to the User's IT systems introduced by any means by third parties, and is held harmless from any liability for such a situation.
Likewise, LaLiga accepts no liability that may arise from any interference, omissions, outages, telephone faults or disconnections in the operation of the electronic system due to causes beyond the control of LaLiga.
Similarly, LaLiga accepts no liability that may arise from delays or crashes in the operation of this electronic system caused by failures or overloading on telephone lines or on the Internet, as well as from damage caused by third parties through unlawful interference beyond the control of LaLiga.
LaLiga is authorised to temporarily suspend access to the App for maintenance, repair, updates or improvements, without prior notice.
Television broadcasters are independent of LaLiga and are not its agents or employees. LaLiga will not be held liable for the actions, errors, omissions, statements, guarantees, infractions or negligence of any of them, including damages, death, material or other damages or any expenses arising from the same.
In the event that the App contains links to other websites that are not managed by LaLiga, LaLiga states that it has no control whatsoever over such websites and is not liable for their content. The links that may be included in this App are offered for information purposes without implying any kind of evaluation as to the content, owners, products or services offered from the same.
In any case, LaLiga accepts no liability in connection with the services provided by said third parties in relation to any kinds of claims or legal proceedings that could be filed in relation to them.
All the Content of the App, unless otherwise stated, is the exclusive property of LaLiga, including, but not limited to, the graphic design, source code, logos, text, graphics, illustrations, photos and other elements that appear on the App. Likewise, all trade names, trademarks and distinctive signs of any kind included in the Content of the App are protected by Law.
LaLiga does not grant any kind of license or authorisation fonpmr personal use to the User concerning its intellectual and industrial property rights or any other rights relating to the App or the services offered.
Therefore, the User acknowledges that the reproduction, distribution, marketing, transformation and, in general, any other use, in any way, of all or part of the Content of the App constitutes an infringement of the intellectual and/or industrial property rights held by the company or the rights holder.
The User may solely and exclusively use the Material that appears on the App for their personal and private use; it is prohibited to use it for commercial purposes or to engage in illegal activities.
Under the provisions of Articles 8 and 32.1, second paragraph, of the Intellectual Property Act, the reproduction, distribution and public communication, in whole or in part, of the Content of this App, including making the same available, for commercial purposes, in any format and by any technical means, is expressly prohibited without the authorisation of LaLiga. The User undertakes to respect the Intellectual and Industrial Property Rights held by LaLiga and any third parties.
LaLiga will ensure both compliance with the above Conditions as well as the appropriate use of the Content presented on the App, bringing all the civil and criminal actions to which it may be entitled in the case of infringement or breach of these rights by the User.
In the event that the App contains links to other portals or webpages not managed by LaLiga, these companies state that they do not exercise any control over said portals or webpages, consequently, they are in no way responsible for the content, commercial activities, products or services included on said portals or webpages that may be viewed through said links, whether directly or indirectly, through this website, especially with respect to content of added value to the user, such as leisure, entertainment, interesting information, tips etc. and websites of brands sponsored by LaLiga.
The presence of links on the LaLiga website, unless expressly stated otherwise, is for information purposes only, and under no circumstances may they be considered to be a suggestion, invitation, sponsorship, distribution or recommendation.
The aforementioned links do not represent any kind of relationship between LaLiga and the individuals or companies that own the websites or apps accessed through said links, or between LaLiga and the centres or institutions sponsored by LaLiga or with which it collaborates. LaLiga reserves the right to unilaterally withdraw any links appearing on the App at any time.
In any case, LaLiga accepts no liability in connection with the services provided by said third parties in relation to any kinds of claims or legal proceedings that could be filed in relation to them.
The App has a customer service available for all its users in order to manage any incidents users may have concerning the platform, as well as to report any issues, complaints or requests concerning the App’s services.
To access this section, users need to go to the “Help” section, which provides a contact email address for managing incidents that may arise when accessing the App and carrying out the different actions within it. The App's support team can be contacted through the store contact sections.
Likewise, in the event of any disputes that may arise, the User can as a consumer request out-of-court dispute resolution through the website: http://ec.europa.eu/consumers/odr/.
The information we receive will be treated confidentially, and LaLiga will have a reasonable period of time to respond to requests sent by users.
LaLiga may, at any time, replace the conditions and the privacy policy, which will replace, complement and/or amend the conditions and privacy policy of the App, as appropriate, for technical reasons or because of changes to the provision of service or legislation, as well as amendments that may arise as a result of applicable standard codes or, where relevant, due to strategic corporate decisions.
When the conditions or the privacy policy are replaced or amended, this will be posted on the App and/or notified through the same, and if the user continues to use the service, it will be understood that they have accepted the amendments introduced, unless it is necessary to request the user to provide their express acceptance or consent under applicable legislation, in which case the user will be asked to provide such acceptance or consent. In the event that the user does not agree with the amendments made, they may unsubscribe from the App by following the procedure set up for such purpose.
The user is advised to regularly check the conditions and privacy policy as they may be amended; the current version is accessible in the "Conditions of Use of the App" section. The term that these conditions are valid for is, therefore, the same as the time during which they are displayed, until such time as they are amended in whole or in part.
LaLiga reserves the right to make the changes it deems appropriate to the App without prior notice, and may change, delete or add both the Content, Material and services provided, as well as the way in which the same are presented or located.
In this regard, the access, Content, Material and/or services offered through the App are, in principle, of indefinite duration, unless otherwise stated in the Conditions or applicable legislation. However, the User acknowledges that LaLiga may unilaterally terminate, suspend or interrupt the availability of the App and/or any of the services at any time and without prior notice, without the User being able to claim any compensation. After such termination, the User must destroy any material they have obtained in respect of the App on which the Material and/or Content of the App are provided, including all the corresponding software and documentation, as well as any backups, print outs and installations.
If the App is cancelled or terminated, LaLiga may permanently delete the information associated with the user’s account, including their Content, from its servers; LaLiga has no obligation to return any such Content to the user.
The App regulated under these Conditions is managed by LaLiga, which operates in Spain; the Content and Material are available in Spain. While access to the App may be available from outside Spain, given the inherent “non-territorial” nature of Internet access, the User acknowledges that the App is intended to be used by any person or entity in any country or jurisdiction in which its use is not contrary to current local regulations or law. Therefore, if any or all of the Content, Material or elements hosted on the App are considered to be illegal in other countries, access to and use of the same by the User is prohibited and, if it occurs, will be exclusively at the User’s own risk, with the User being bound to comply with and respect all applicable law in such countries.
The User’s use of the App in a given country will be at their own risk. In addition, the User is hereby informed that it is possible that some of the App’s features may not be available and/or work properly in all countries due to technical and/or legal constraints.
These General Conditions, as well as the specific conditions and any relationships that may arise from access to and use of the App between the User and LaLiga will be interpreted and governed in accordance with Spanish legislation.
For any disputes that might arise, the parties submit to the jurisdiction of the courts determined according to the applicable rules on procedural division and consumer and user protection.
September 2021
© Copyright 2021
LaLiga Entertainment, S.L All rights reserved.
NIF (tax ID no.): B-42958694
Address: Calle Torrelaguna 60, 28043 Madrid.
Telf.: 91 205 50 00.
Fax: 91 408 08 28.
Email:LaLiga@LaLiga.es