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General terms of use

Warning and legal information and its acceptation

Fanscup is a virtual community of supporters of football clubs from around the world.

According to obligations planned by Law 34/2002 of Servicios de la Sociedad de la Información y de Comercio Electrónico / Services of the Information Society and Electronic Trade (hereinafter LSSICE), Fanscup.com makes the following information available:

Incondicionales Sports SL from now on FANSCUP, holder of Fanscup.com domain, as well as other different domains for its football communities, currently situated in Av. Alcalde Barnils, 64, Sant Cugat del Vallés (BARCELONA), B-64724321, Registered in the Trade Register of Barcelona, T. 40099, F.99 , B 360079. Inscription date 19/12/2007, Tel. 935 045 600

This legal notice regulates the access and the use of service of the websites (hereinafter the "website") that Fanscup makes available for all Internet users interested in Fanscup virtual community's contents and services (hereinafter "users").

By using FANSCUP' football communities the user accepts and respects the following General Terms of Use and Conditions of FANSCUP:

  1. Purpose
  2. Registration, the registration statements
  3. User obligations
  4. Amendments of the services of FANSCUP websites
  5. Termination of the relationship
  6. Responsibility for users contents
  7. Civil liability
  8. Exemption
  9. Data protection or privacy
  10. Content rights
  11. Final enactment

General Terms of Use for the use of FANSCUP and its portals of football communities.

Preamble

By registering as a user in FANSCUP you accept the following General Terms of Use (hereinafter "GTC") for the use of FANSCUP (ie any of its football communities).

FANSCUP gestiona los servicios de FANSCUP en diversos dominios de alto nivel (Fanscup.com) y en diversos subdominios y alias de esos dominios. Todos los sitios web en los que FANSCUP facilita los servicios de FANSCUP serán denominados en adelante “sitios web de FANSCUP y/o comunidades futbolísticas”.

These GTU regulate the relationship between the user and FANSCUP, irrespective of whichever FANSCUP website the user registers or enters.

The user can access, print, download and save these GTC at any time via the link "GTC" which will be available at all FANSCUP sites.

1. Purpose

The FANSCUP websites offer to subscribers the opportunity to participate actively on the website, including your comments in the forums and other sections of the website.

Any use of services and contents offered on FANSCUP websites, with the exception of reading the opinions, viewing photos and information, will need the prior registration of the user.

FANSCUP will only provide data and/or information to other users when such data and/or information doesn't violate laws or these GTU. FANSCUP has the right to remove any illegal content without notice from its websites.

The user acknowledges that it is not technically possible to achieve a 100% availability of FANSCUP websites. However, FANSCUP will strive to maintain FANSCUP websites as constant as possible.

FANSCUP disclaims responsibility in the involvement of the content of users' communication with each other. If users are establishing agreements or relationships with each other through FANSCUP websites, FANSCUP will not take responsibility for it, so it shall not become a contracting party or intermediary. Users are solely responsible for any failure in establishing relationship between users of its websites.

2. Registration, registration statements

Before using any of the services of the websites, the general user must register.

The user declares that all data provided by him during the registration are accurate and complete. The user is obliged to immediately report any changes in her/his user data to FANSCUP.

The user must declare that at the time of registration she/he has the capacity and the sufficient legal age for the participation in FANSCUP football communities.

At the time of completion of the registration process the user makes a subscription offer for the use of FANSCUP websites services. FANSCUP accepts this offer for activation. Accepting thereof the contract between the user and FANSCUP.

For technical reasons FANSCUP cannot do a security check to verify if the registered user is in fact the person he/she claims to be.

And for that reason FANSCUP under no circumstances takes the guarantee to establish the real identity of the users. Therefore, users must ensure the identity of the others by themselves.

3. User obligations

The user is obliged to:

  1. To guarantee that the public reproduction of the photographs sent is permitted on FANSCUP websites.
  2. To comply with the applicable laws and rights of others to use the contents and services of INCONDICONALES websites. In particular, the user will be prohibited from using offensive or libellous content, whether or not such content affects other users, people or companies. The use of pornography in contravention of laws protecting minors, advertising, offering or distributing pornographic products in contravention of laws protecting minors (especially via spam) in that the acceptation of these annoyances is unenforceable. You do not have the right to use legally protected content protected by legislation on intellectual property, trades, patents, utility models and aesthetic models without having the rights to do so, or advertise, offer or distribute goods or services protected by law or taking actions aimed at promoting the acquisition of customers gradually (as in chain systems, snowball or pyramid).
  3. Refrain from the following annoying actions, even if they do not breach laws, ie sending chain letter, identical private messages to multiple users simultaneously, advertising or promotion of commercial structures (such as marketing or multilevel marketing networks) or sexually suggestive communication (explicit or implicit).
  4. The user is prohibited from the following:
    • Using mechanisms, software or scripts in connection with the use of FANSCUP websites. However, the user can use the interfaces of software that FANSCUP makes available as part of its website services.
    • To block, to overwrite, to modify or to copy, unless it is necessary for the appropriate use of FANSCUP websites. For example copying of browser technologies such as "Robot/Crawler" it is not necessary for the proper use of FANSCUP websites and as such it is expressly forbidden.
    • To publicly disseminate and replicate content of FANSCUP websites or other users.
    • Any action which is apt to damage the functionality of the structure of INCONDICINOALES, especially overloading.

4. Amendments of the services of

FANSCUP reserves the right to modify the offered FANSCUP websites services or to offer different services, unless its acceptance would be unenforceable to the user.

5. Termination of the relationship

The user may terminate membership without charge at any time without having to specify reasons. The declaration of termination may be effected via the contact form available on any FANSCUP website. The username and the correct e-mail address used for the registration on the FANSCUP website will be asked for on the declaration of termination.

The provisions of this paragraph shall not affect the right of each party to terminate due to any grave cause.

FANSCUP deems the following events as especially serious cases:

  • breach of laws by the user
  • failure to keep to contractual obligations, especially those arising from paragraphs 2 and 3 of these GTC
  • that the reputation of the offered services on FANSCUP websites is being significantly harmed by the presence of the user (eg. If after a user's registration she/he has been sentenced for a crime and other users are knowledgeable of such conviction)
  • that the user is advertising associations and communities -or their methods or activities- that are being watched by the authorities responsible for security or protection of minors
  • that the user harms other users

If there is a serious cause of the above mentioned paragraph FANSCUP may also impose the following sanctions on the user, regardless of the termination pursuant to the preceding paragraph:

  • Deletion of content entered by the user
  • Injunction to refrain from acting or blocking access to FANSCUP websites services.

6. Responsibility for content, data and/or user information

FANSCUP assumes no responsibility for the content, data and/or information provided by FANSCUP websites users, nor for the content of external site to which link exists. In particular, FANSCUP does not guarantee that such contents are true, satisfy a particular purpose or can serve this purpose.

On viewing an illegal use or contrary to the purpose of FANSCUP, the user can communicate through the contact form available on every FANSCUP website.

7. Civil liability

Except where expressly described in the GTC and the remainder of the regulatory framework, FANSCUP websites shall not be liable for any damages of any kind that may be due to the lack of accuracy, completeness, timeliness, or errors or omissions that could affect information and services contained on this website or other contents in which can be accessed through the same website and neither takes responsibility or obligation or commitment to verify or monitor its content and information.

In the same way, FANSCUP shall not guarantee the availability, continuity and infallibility of the functioning of the website, and accordingly excludes, to the maximum extent permitted by Law, any liability for damages of any kind that may be due to lack of availability or continued operation of the website and the services enabled on it, as well as errors in access to different web pages or those from where, in their case, these services are supplied.

FANSCUP excludes liability for any damages of any kind which may be due to the services provided by third parties through this website as a means to enable them to manage service requests, and specifically, by way of information without limitation: to the acts of unfair competition and illegal advertising as a result of the provision of services of third parties to the website, as well as a lack of truthfulness, accuracy, completeness and errors and defects, relevance and/or timeliness of the content transmitted, distributed, stored, received, obtained, or made available or accessible through the services provided by third parties via this websites.

8. Exemption

The user absolves FANSCUP from all claims, including compensation for damages that other users or third parties attribute the blame on FANSCUP caused by a violation of their rights for contents introduced by the user on FANSCUP websites. The user will bear all reasonable expenses incurred by FANSCUP derived from violation of third party rights, including reasonable expenses on legal defence.

FANSCUP reserves all the extensive rights including rights to compensation for damages. The user shall not be subject to the foregoing obligations when the violation of rights in question is not attributable to him/her.

If the user contents violate the rights of other users, he/she, by FANSCUP' choice, either may give FANSCUP the right of using the contents or modifying them so they do not violate protected content. If the use of these FANSCUP website services violates third party rights, the user will have to immediately terminate this use which is contrary to the purpose of the websites and/or illegal as soon as is required by FANSCUP.

9. Privacy

FANSCUP will comply with all laws of data protection that are applicable (Spanish laws on data protection, European directives on data protection legislation and any other applicable data protection). In particular, FANSCUP will not disclose to third parties any personal data of any user without permission, and will not make available any data to others under any circumstances. FANSCUP resolutions related to data protection can be accessed from all FANSCUP websites and contain more details about the user data processing.

10. Content rights

The user grants FANSCUP the right to use the forum or the bank of photos in an unrestricted, irrevocable and transferable manner, empowering that right to FANSCUP to all kinds of exploitation, especially to keep the contributions permanently in the appropriate forum, both in FANSCUP pages and in the websites of its cooperation partners, as well as for any other marketing of the forum.

Therefore FANSCUP will be entitled to use all contributions to the discussion forums which it manages. Either the reproduction or the use of these contributions (or their contents) in other electronic or printed publications are not permitted without FANSCUP express written authorisation. The copying, downloading, dissemination or storage of contents of FANSCUP or third parties, with the exception of the caching in the context of the visit to the forum pages, will not be allowed without an express authorisation.

11. Final enactment

FANSCUP reserves the right to modify at any time these GTC without having to indicate the reasons, unless the acceptance of such amendment will be unenforceable to the user. FANSCUP will inform the user with proper notice of any modification in the GTC. If the user does not object to the validity of the new GTC within two weeks following notification of amendment, it shall be deemed that the user has accepted the new GTC. In communicating the GTC changes FANSCUP will inform the user of his/her right to oppose the amendments thereto and of the importance of that period of time to express his/her opposition.

Unless otherwise agreed, the user can make all declarations to FANSCUP by e-mail through the contact form accessible from all FANSCUP websites or send them by fax or by post to FANSCUP. FANSCUP can send statements against the user by e-mail, fax or mail to the addresses indicated by the user as contact data on his/her current user account.

If any of provision of these GTC becomes ineffective this does not affect the effectiveness of the remaining provisions.

The place of compliance is the FANSCUP registered office.

Any litigation is subject, inasmuch as it is legally admissible in courts of law is the domicile of FANSCUP.

Spanish law shall be applied.


Privacy policy

FANSCUP fully complies with the current legislation on protection of personal data and with the commitment of confidentiality of its own activity.

Right to information and Purpose

If the user decides to register in any of FANSCUP websites, necessary data will be required for the execution of the following purposes of this website; The creation of FANSCUP community, the delivery of services to the users of FANSCUP community, to enhance communication between users of the community, as well as be informed about services and products that may be of interest to the user.

For this the user is required to first complete a form, which will provide the following data: e-mail address, name, nickname, place of residence and sex.

The registration in FANSCUP services assumes the possibility that any member or FANSCUP community and his/her friends may contact the user through the forum system or future tools of FANSCUP community. Also, once subscribed to the service all users of the FANSCUP community may view the personal profile completed by the user.

Compulsory or optional nature of the information provided by the user and accuracy of data

Form fields marked with an asterisk are strictly required to be met at the time for registration.

The user guarantees that the personal data provided to FANSCUP are accurate and takes the responsibility to communicate any modifications.

The data collected are adequate, relevant and not excessive in relation to the scope, purposes and FANSCUP services which are specified, explicit and legitimate.

User consent

The completion of the registration form implies the express consent of the user to the FANSCUP terms of use and privacy.

At the same time, sending personal data through the use of FANSCUP electronic forms or, in this case, e-mails, means the express consent of the sender to the automated processing of data included in the means indicated, services and products related to FANSCUP purposes, as well as the sending of commercial information on products and services.

The user specifically authorises access to his/her data to FANSCUP community members to see their personal profile and/or contact them.

In this regard, FANSCUP underlines its commitment to the responsible use of data, ensuring that they are treated in accordance with the conditions within the privacy and legal framework.

Newsletter and electronic communications

The completion and submission of electronic forms FansCup portals, implies consent for that, according to the provisions of Article 45.1.b) RLOPD, Fanscup can use your personal data for sending Newsletters and commercial and promotional communications, acting on its own behalf or on behalf of third parties, such as LEAD CONVERSION, SL C / Mayor 3, 2 I Madrid 28013, by letter, phone, email, SMS / MMS, or other means of electronic communication, related to the following sectors:

  • Information and Technology
    • Computer science, software and Technology
    • Internet
    • Digital TV/ Satellite / Cable
    • Telephone
    • Mobile telephone
  • Gastronomy / Nutrition
  • Craft, Decorating and Interior design
  • News and communication to collaborate or associate with non-governmental organizations
  • DIY
  • Pets
  • Financial services:
    • Finances
    • Private banking
    • Stock exchange and investment
    • Brokers
    • Credit: Loans and Mortgages
    • Credit Cards and Accounts
    • Mortgages
    • Renting / leasing
    • Insurance
  • Property offers
  • Cars and the motoring sector
  • Fun and Leisure:
    • Online betting
    • Digital Channels
    • Games of Chance
    • Leisure
    • Cinema and theatre
    • Culture/museums
    • Photography
    • Games
    • Restaurants and nightclubs
    • Videogames and multimedia
  • Articles for women:
    • Women´s footwear
    • Cosmetics and perfumes
    • Personal care
    • Jewellery, watches and optics
    • Fashion and Accessories
  • Articles for men:
    • Men´s footwear
    • Personal care
    • Men´s fashion
  • Travelling:
    • Flight offers
    • Hotel offers
    • Trips
    • Car rental
    • Rural Tourism
    • Holidays and weekends
    • Business trips
  • Products for children:
    • Products for babies
    • Children´s footwear
    • Toys /Educational games
    • Children´s and young person’s clothing/ Juvenile
  • Music/Books
  • Professional or vocational training
  • Health and well-being:
    • Health food
    • Ecology and environment
    • Alternative medicine
    • Weight loss / Dieting
    • Health, Healthy living
  • Sports:
    • Team sports (Football, Basketball, etc.)
    • Water sports
    • Extreme sports and adventure
    • Sports equipment
    • Fitness
    • Tennis, Golf, Skiing y Cycling

FANSCUP has in place two mechanisms through which any users who wish to, can eliminate these services in a free, fast and easy manner.

For this, the user must enter the menu of access and deactivate the option of sending in the section for electronic communication. In this way, he/she will be able to exclude his or herself by following the instructions that are indicated at the end of the section relating to electronic communication.

Security

FANSCUP maintains the safety standards of protection of personal data under the Royal Decree 994/1999, of June 11, concerning safety measures for automated files containing personal data and has established all technical means to avoid the loss, misuse, alteration, unauthorised access and theft of data that user provide through the website, notwithstanding that security measures on the Internet are not impregnable.

FANSCUP agrees to comply with the duty of secrecy and confidentiality of personal data contained in the automated files in accordance with the aims of the service and the applicable law.

Cookies and IPs

The user accepts the use of cookies and IP tracking. Our traffic analyser of the website uses cookies and IP tracking allowing us to collect data for statistical purposes such as: date of first visit, number of times you have visited, date of last visit, URL and domain from which he/she comes, browser used and screen resolution. However, the user may want to disable and/or delete these cookies using the instructions using the instructions of the Internet browser.

Right to Opposition, Cancelation, Correction and Updating Data

The user has the right to access to this information and correct the data if they are erroneous and unsubscribe from FANSCUP services.

These rights may be enforced by their own configuration of the web.

In case of problems for the effective online realisation as well as for any other kind of doubt or dispute regarding our privacy policy users can directly approach the registered office of FANSCUP.

The processing of personal data and communications sent by electronic means are adjusted to the rules established by Law 15/1999, December 13, Protección de Datos de Carácter Personal (B.O.E 14/12/1999), and by Law 34/2002, July 11, Servicios de la Sociedad de la Información y de Comercio Electrónico (B.O.E. 12/07/2002).

Amendment of privacy policy

FANSCUP reserves the right to modify the present privacy policy to adapt it to future FANSCUP developments, legislative or jurisprudential.

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