TERMS AND CONDITIONS OF USE OF THE “LALIGASPORTSTV” APP

1. Purpose

DIGITAL & SPORTS INNOVATION, S.L. (hereinafter, “DSI”) is a company wholly owned by the Liga Nacional de Futbol Profesional whose purpose is to provide services for the development and exploitation of digital and technological products and which operates and manages the application called LaLigaSportsTV.

DSI is responsible for providing the subscription service offering subscribers access to sporting events from around the world, broadcast via different devices, including internet-connected televisions, computers and other platforms, and through the “LaLigaSportsTV” app (hereinafter, the “App”).

Partner: The Liga Nacional de Futbol Profesional (hereinafter, “LaLiga”), with tax identification number G-78069762 and its registered address at Calle Torrelaguna 60, 28043 in Madrid.

LaLiga is a private sports association, in accordance with the provisions of Articles 12 and 41 of Law 10/1990, of 15 October, on Sport, composed exclusively and obligatorily of all of the public limited sports companies and professional clubs which take part in official professional football competitions in Spanish territory. LaLiga is registered under number 1 in the Professional Leagues section of the Register of Sports Associations of the High Council for Sport.

2. The “LaLigaSportsTV” App

Access to the App and/or its functions is conditional upon the User of the App (“User”) previously reading and accepting these terms and conditions of use of the App (“Terms of Use”), as well as any other communication, warning or other legal notices contained in these terms and conditions or which may be shown to Users when browsing. If the User does not agree with the content of these Terms of Use, they must exit this App and return the access credentials to DSI, and they may not access or use the services or Content which it offers.

Accessing this App or its Content is the sole responsibility of the Users. Accessing this App is free of charge and viewing it does not require a prior subscription. This App by DSI contains information relating to DSI, Content and information, as well as other relevant details about DSI. In general, the information included in this App is purely for informational purposes. Simply accessing this App directly or through other links does not entail the establishment of any type of commercial relationship.

DSI, acting on the principle of good faith, makes its best efforts to ensure that the information, Content and data which appear in this App are properly reviewed before it is updated. Nevertheless, and despite employing the greatest due diligence, it is not possible to guarantee that all of the information of the App is entirely free of errors, defects or other equivalent problems, as a result of which DSI recommends Users to be attentive to any possible updates or rectifications which the platform may incorporate. In the event that Users have any questions or technical issues, it is recommended that they contact DSI through the channels provided in these Terms of Use.

3. Acceptance of the terms of use

The User agrees to use the content offered on the platform (“Content”) in a diligent, proper and lawful manner and, specifically, undertakes 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.

Use of the platform by a third party confers the status of User on them and entails the acceptance by said User of each and every one of the terms included in this legal notice.

3.1 Requirements and age limits

The App can be accessed from anywhere in the world (taken together, the “Territory”), but there will be certain content which is limited to one or more territories depending on the type of agreement reached between DSI and the rightsholder. Furthermore, in order to access the App, the User must be at least eighteen (18) years old. Therefore, by accepting these Terms of Use, the User assures that they are over eighteen years old.

DSI may contact Users at any time in order for them to prove their identity.

The User must provide a photocopy of their National Identity Document or equivalent identification document to prove their identity. If this documentation is not provided, DSI may block the User’s access to the App.

3.2 Geographical limitations of the App

The Content of the App will be available in the Territory. Having said this, certain content may not be available in all countries or territories. The geographical restrictions will apply in accordance with the place from which the service from DSI was subscribed to.

DSI may not be held liable at any time for any damages that this limitation on the App’s operation may cause to the User.

3.3. Misuse of the App

The User undertakes to use the App, the Material (as defined in the following section of the Terms of Use) and the Content that can be accessed through the same appropriately, and to not use them for activities that are illegal or contrary to good faith or the legal system, to not disseminate Content or material that is racist, xenophobic or pornographic, that advocates terrorism or violates human rights, to not cause damage to the physical and IT systems of DSI or its providers, and to not introduce or spread computer viruses or any other physical or IT systems that could cause such damage.

3.4. Advertising

The User is aware and acknowledges that advertising may appear in the App and that, therefore, they may access advertising by DSI and/or third-party companies or professionals who enter into a contract with DSI.

3.5. Content made available by the User: licensing and warranties

In the event that the operation of the App allows Content to be made available by Users, they are free to make it available, providing DSI with the information requested, if applicable, in relation to the origin and ownership of the Content and the procedure by which they User obtained it. This information must be accurate and verifiable in the event that DSI requests it.

DSI shall be free to decide under no obligation whatsoever what Content should be made available to the public through the App. In the event that DSI enables the possibility of accessing Content made available through the App by Users, they declare that they are aware of and accept that, once made available to the other Users of the App, the Content will be available to third parties around the world, and they therefore expressly release DSI from any liability for any claim for this reason.

3.6. LaLiga Single-Sign-On service 

LaLiga has implemented a single-sign-on and registration service which allows Users to access an environment created by LaLiga (“LaLiga Ecosystem”) composed of several applications and websites, both from LaLiga and its affiliates, as well as the affiliated football clubs which LaLiga holds collaboration agreements with, so that Users can enjoy a series of advantages. Each User receives a unique identifier such that any selection or modification of the preferences or request for erasure made in one of the apps or websites which form part of the ecosystem will affect the rest of the LaLiga Ecosystem environment and the entities which it comprises.

Through LaLiga Single-Sign-On, a single “fan profile” is created on all (active) channels connected to the LaLiga Ecosystem, which is shared by the entities responsible for said assets (LaLiga apps and websites, apps and websites of affiliated clubs, etc.).

To learn more about the LaLiga Ecosystem, please consult the following website link: https://www.laliga.com/en-ES/legal/laliga-ecosistema.

4. Financial terms of the App

4.1. Content on the App will be free of charge, except for content for which the User needs to pay the amount stated in the App itself, and which will depend on the platform being used to access the App permitting it:

• Liga and Copa ASOBAL

• National Futsal League

• Liga LEB ORO and Copa Princesa de Asturias

• AFC Champions League

• Russian Premier League

• ONE Championship

(Hereinafter, the “Paid Content”)

The Paid Content may vary on the exclusive decision of DSI.

To access this Paid Content, the User must pay the amounts indicated in the App itself and under the pricing policy which is communicated to them by it.

4.2. The User is entirely responsible for all charges related to the use of the App and the equipment required to use it.

4.3. The payment must be made with a credit or debit card ("Payment Method"). The User confirms that any Payment Method used is their own, or that they have authorisation from the card or account holder to use it. All accounts and Payment Methods are subject to validation and authorisation checks by the payment methods provider.

If your Payment Method is rejected, access to the App will not be granted until the User has provided a payment method validated and approved by DSI.

For some Payment Methods, the issuer of your Payment Method may charge certain fees, such as a fee for a foreign transaction or other fees related to processing your Payment Method. Local taxes may vary depending on the Payment Method used. Check with your payment method service provider for more details.

4.4. The amount to be paid for use of the App will be billed monthly or annually (as selected during the process to subscribe to the App), based on the Payment Method selected by the User, on the calendar day corresponding to the start of the paid subscription or as specified by the issuer of their payment method. In some cases, the billing date may change, for example, if your subscription started on a day not included in a certain month.

You can consult the date of your next payment and change your Payment Method by visiting our website and clicking on the “My Profile” link, or through our App. If you subscribed to the App using your account with a third party as a Payment Method, it is possible that you will need to visit your account with the corresponding third party to consult the payment information and change your Payment Method.

4.5. DSI reserves the right to increase the price of the App due to changes in market conditions, significant increases in acquisition or service provision costs or in the case or VAT or any similar tax. In accordance with Section 9, any price increase will apply no sooner than thirty (30) days after notification by email to the most recently registered email address.

4.6. If the User is aware that they are unable to watch the Content which they have paid for and these faults (telephone line faults or lack of broadband speed) are not attributable to DSI, you must notify DSI within a maximum period of 28 days from payment for the Content so that DSI can carry out a test of your line and, if applicable, refund the corresponding amount of money.

5. Right of withdrawal

5.1. Loss of the right of withdrawal.

The right of withdrawal will be lost if the User starts performance of the contract, which shall occur whenever (i) they have given their express consent to start performance of the contract before the expiration of the period in which the right of withdrawal could be exercised, and (ii) they have recognised that, with their consent, they would lose the possibility of exercising their right of withdrawal at the time when performance of the contract starts. In order to avoid any misunderstanding, the User consents to immediate conclusion of the contract and acknowledges that they will lose their right of withdrawal from the same once the digital Content has been made available to them, i.e., from the moment that they are able to enjoy the Content.

5.2. Without prejudice to the provisions of Section 5.1, the User will have the right to terminate the contract signed with DSI without cause in the following periods:

1. If the subscription is monthly, the full amount will be refunded if the User communicates their interest in terminating the contract entered into with DSI in the seven (7) days from the date of the conclusion of the contract.

2. If the subscription is annual, the full amount will be refunded if the User communicates their interest in terminating the contract entered into with DSI in the fourteen (14) days from the date of the conclusion of the contract. 

Additionally, and in the event that DSI cancels Paid Content as indicated in Clause 4.1, Users will have the right to terminate the annual subscription contract with DSI by justifying that this decision is based on the withdrawal of the Paid Content of interest, and they will be refunded the amount corresponding to the months not enjoyed (in the months during which they have enjoyed the Content, they will not have the right to a refund).

To exercise their right of withdrawal, Users must contact DSI via the following communication channels:

Email soporte@laliga.es 

Telephone +34 910 106 337

The deadline will be considered to have been met if the withdrawal notice is sent before the withdrawal deadline expires. If the User subscribed to the App using their account with a third party as payment method and wishes to withdraw their subscription to the App, it is possible that they will have to do so via said third party.

5.3. Consequences of exercising the right of withdrawal.

If the User withdraws from the contract in accordance with Section 5.1, DSI will refund all payments which it has received from the User, immediately and no later than within a period of sixty (60) days after receiving their withdrawal notice. The same payment method that the User used for the original transaction will be used for the refund, unless agreed otherwise with the User. The User will not be charged anything for this refund.

6. “Help” section

The App has a customer service available for all of its Users in order to deal with any incidents that Users may have concerning the platform, as well as to report any issues, claims or requests concerning the App’s services.

To access this section, Users need to go to the “Help” section, which provides the contact information for dealing with incidents which may arise when accessing the App and carrying out the different actions within it. The App customer support staff can be contacted by telephone and email.

Telephone customer service will be provided during the live events held on the telephone number indicated below.

The information which we receive will be treated confidentially, and DSI will have a reasonable period of time to respond to requests which it receives from Users.

7. Liability

7.1. Liability for use of the App

Users are solely responsible for uses in contravention of these Terms of Use, for any violations which they may engage in or any damages which they may cause through the use of the App, and DSI, its group companies, partners, employees and representatives are held harmless for any liability which may result from the actions of Users.

DSI will make every effort and use all reasonable means to provide up-to-date and reliable information in the App. Nevertheless, DSI offers no warranty in relation to the absence of errors or possible inaccuracies and/or omissions in any of the Content accessible via this App.

The User is the sole party liable for any in-court or out-of-court claim or legal action taken by third parties against DSI based on the use of the App by the User. If applicable, the User will cover all expenses, costs and compensation incurred by DSI as a result of such claims or legal actions.

7.2. Liability for the operation of the App

DSI accepts no liability which may arise from any interference, omissions, outages, computer viruses, telephone faults or disconnections in the operation of the electronic system due to reasons beyond the control of DSI.

Likewise, DSI accepts no liability which 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, or from damage caused by third parties through unlawful interference beyond the control of DSI.

DSI is authorised to temporarily suspend access to the App for maintenance, repair, updates or improvements, without prior notice.

In the event that this page contains links to other websites which are not managed by DSI, DSI hereby states that it has no control whatsoever over such websites and is not liable for their content. Any links that may be included in this App are provided for information purposes, without implying any kind of evaluation as to the content, owners, products or services offered from the same.

In any case, DSI shall be held harmless for any liability in connection with the services provided by said third parties in relation to any kinds of claims or lawsuits which could be filed in relation to them.

7.3 Limitations of DSI’s liability

DSI assumes no liability and the User is the sole party responsible for contracting, knowledge and control with respect to any of the costs which, as applicable, they must bear for the correct receipt of the App.

1. With the exception of the provisions of paragraph (c) below, or in the event that the User exercises their legal right to receive a refund or compensation, neither DSI nor its board members, directors, employees, affiliates, agents, contractors or licensors shall be liable under any circumstances for any loss or damages caused by DSI, its employees or agents when:

1. The legal duty of care assumed towards the User was not breached by DSI or any of its employees or agents;

2. It was not the result of a reasonably foreseeable outcome of such a breach;

3. Any increase in the loss or damages results from the breach, by the User, of any provisions in these Terms of Use;

4. It is the result of the decision by DSI to withdraw or refuse to process any information or Content, issue a warning, suspend or cancel the User's access to the App’s points of sale (if they exist) or to adopt any other measure during the investigation of a possible breach as a result of the determination by DSI that a breach of these Terms of Use has occurred; or

5. It consists of a loss of income, business or profit or data loss or corruption related to the use of the App made by the User.

2. DSI will attempt by all means possible to protect the information sent by the User of the App, including protection against any form or fraudulent use, and DSI may request a password change at any time in order to guarantee security.

3. Nothing stated in these Terms of Use shall exclude or limit DSI's liability for fraud, serious negligence, criminal intent, death or personal injury.

       

4. If the User violates these Terms of Use, they will be liable to DSI, its board members, directors, employees, affiliates, agents, contractors and licensors with regard to any claims resulting from said violation. In addition, the User will be held liable for any measures taken by DSI as part of the investigation into a possible breach of these Terms of Use or as a result of DSI’s findings or conclusion that there has been a breach of these Terms of Use.

8. Intellectual and industrial property rights

All Content of the App, unless otherwise indicated, is either exclusively owned by DSI or DSI holds all of the necessary rights for the provision of the service and is fully authorised by its owners, including but not limited to the graphic design, source code, logos, texts, graphics, illustrations, photographs and other elements which appear in the App. Likewise, all trade names, trademarks and distinctive signs of any kind included in the App are protected by law.

DSI does not grant any kind of licence or authorisation for personal use to the User concerning its intellectual and industrial property rights or any other rights relating to the App or the services offered in it.

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 or of the App constitutes a violation of the intellectual and/or industrial property rights held by the company or the owner of the same.

The User may solely and exclusively use the material that appears in the App for their personal and private use, and its use for commercial purposes or to engage in unlawful acts is prohibited.

By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including by totally or partially making available the Content of this DSI page, for commercial purposes, on any medium and by any technical means, are expressly prohibited without the authorisation of DSI. The User agrees to respect the intellectual and industrial property rights held by DSI.

DSI will ensure compliance with the above terms as well as the proper use of the Content presented on its website, by exercising all civil and penal actions to which it is entitled in the event of a violation or breach of these rights by the User.

9. Disclaimer of warranties and limitation of liability

DSI, as the entity which technically and organisationally manages the App, states that:

a) DSI will operate the App with a reasonable degree of professionalism and care. DSI makes no other promises and grants no other warranties regarding the App and in particular does not warrant that:

1. The use that the User makes of the App will be free of interruptions or errors. The User acknowledges that DSI may occasionally interrupt the operation of the App for indefinite periods of time or shut down the App at any time for technical or operational reasons, in which case DSI will notify the User of such circumstance to the extent possible;

       

2. The App is free of losses, corruption, attacks, viruses, interference, information piracy or other security intrusions, which shall constitute circumstances of force majeure, and DSI assumes no liability in relation to such circumstances. Some material can only be downloaded once. Subsequently it may not be replaced, regardless of the cause of the loss. The User shall be responsible for making backups on their own system, including copies of any Material.

b) By way of clarification, DSI does not assume liability and the User is the sole person responsible for contracting, knowledge and control with regard to any other costs which they may have to incur for the correct receipt of the App (other than the specific valuable consideration which DSI may establish specifically for downloading the App or any and all services and Content offered through it).

c) With the exception of the provisions of paragraph (e) below, or in the event that the User exercises their legal right to receive a refund or compensation, neither DSI nor its board members, directors, employees, affiliates, agents, contractors or licensors shall be liable under any circumstances for any loss or damages caused by DSI, its employees or agents when:

1. The legal duty of care assumed towards the User was not breached by DSI or any of its employees or agents;

2. It was not the result of a reasonably foreseeable outcome of such a breach;

3. Any increase in the loss or damages results from the breach, by the User, of any provisions in these Terms of Use;

4. It is the result of the decision by DSI to withdraw or refuse to process any information or Content, issue a warning, suspend or cancel the User's access to the App’s points of sale (if they exist) or to adopt any other measure during the investigation of a possible breach as a result of the determination by DSI that a breach of these Terms of Use has occurred; or

5. It consists of a loss of income, business or profit or data loss or corruption related to the use of the App made by the User.

d) DSI will attempt by all means possible to protect the information sent by the User of the App, including protection against any form or fraudulent use, and DSI may request a password change at any time in order to guarantee security.

e) Nothing stated in these Terms shall exclude or limit DSI's liability for fraud, serious negligence, criminal intent, death or personal injury.

f) If the User violates these Terms of Use, they will be liable to DSI, its board members, directors, employees, affiliates, agents, contractors and licensors with regard to any claims resulting from said violation. In addition, the User will be held liable for any measures taken by DSI as part of the investigation into a possible breach of these Terms of Use or as a result of DSI’s findings or conclusion that there has been a breach of these Terms of Use.

g) DSI shall not be held responsible for any delay or breach of its obligations in accordance with these Terms of Use if said delay or breach is the result of any cause beyond its control, including but not limited to acts by third parties such as network providers. This term does not affect your legal rights as a consumer.

10. Amendment of the terms

DSI may replace, at any time, for technical reasons or due to changes in the provision of the service or to regulations, as well as amendments which may result from applicable standard codes of conduct or, as applicable, strategic corporate decisions, the Terms of Use and the Privacy Policy which, depending on the case, shall substitute, complement and/or amend the Terms of Use and the Privacy Policy of the platform.

When the Terms of Use or the Privacy Policy are published on the platform and/or this is 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’s express acceptance or their consent in accordance with the applicable regulations, in which case the User’s acceptance or consent will be requested. In the event that the User does not agree to the amendments made, they may close their account on the platform by following the normal procedure in place for doing so.

It is recommended that the user periodically check the Terms of Use and Privacy Policy, given that they are subject to amendment, and the version in force can be consulted in the sections “Terms of Use of the App”. The validity period of these Terms of Use therefore coincides with the time of their posting, up until the time that they are totally or partially amended.

11. Terms of international use

The App regulated under these Terms of Use is managed by DSI, which operates in Spain and makes the Content and Material available within Spain. Although the aforementioned App may be accessible 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 does not contravene the local regulations or laws in force at any given time. Therefore, if any or all of the Content, Material or elements hosted in 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 laws 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.

12. Privacy Policy

DSI acts in full compliance with the obligations and guarantees established by the legislation in force on the subject of Data Protection:

1. Organic Law 3/2008 of 5 December on Protection of Personal Data and Guarantee of Digital Rights

2. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data

3. Any other regulation which may be developed in the future

The full Privacy Policy can be consulted at this link.

13. Nullity of provisions

If it is determined that any provision of these Terms of Use is unlawful and/or inapplicable, the validity of the rest of the Terms of Use will not be affected. If any unlawful of inapplicable provision would be lawful or applicable if part of it were removed, that part will be considered to be removed, and the rest of the provision will remain in effect.

14. Extinguishment

These Terms of Use will remain valid until rescinded by you or by us. You may rescind these Terms of Use at any time by ceasing to use the Sites and destroying all Material obtained from the Sites, all related documentation and all copies and installations derived from the App, made in accordance with these Terms of Use or not.

We may rescind these Terms of Use immediately insofar as you are concerned (including your access to the Sites and any DSI site) in the event that you breach any of the terms or provisions of these Terms of Use. After their extinguishment, you must cease to use the Sites and destroy all material obtained from the Sites and all copies of them, made under these Terms of Use of not.

We have adopted and implemented a policy which contemplates the cancellation, under appropriate circumstances, of the accounts of Users who repeatedly breach the applicable intellectual and industrial property laws. Any fraudulent, insulting or in any other way unlawful activity may be cause for cancellation of your account, at our sole discretion, and may be reported to the competent authority.

The provisions of these Terms of Use which by their nature remain in effect following the extinguishment of these Terms of Use will remain in effect after said extinguishment.

15. Cancellation by the User

15.1. The User’s subscription has an initial monthly or annual period, as selected in the process to subscribe to the App, except in the promotions run by DSI which may vary depending on the type of promotion run. The period will be automatically extended by the same duration as the initial period, unless the subscription is cancelled by the User in accordance with this clause or by DSI. In order to cancel the subscription to the App, the User must do so via the “My account” page by clicking on the “Cancel subscription” button.

Users may cancel their subscription to the App at any time before the expiry of their subscription period, but will retain access to the App during the contractually agreed period.

15.2. If you subscribed to the App using your account with a third party as a Payment Method and wish to cancel your subscription to the App, you may have to do so via said third party, for example, by visiting your account with the corresponding third party and deactivating automatic renewal or cancelling the subscription.

16. Miscellaneous

1. Force majeure: DSI shall in no way be liable to the User for any delay or failure to deliver the Content where said delay or failure to deliver arises from causes beyond its reasonable control or that of any third-party rightsholder, including but not limited to the failure of electronic or mechanical equipment or lines of communication, actions of third parties (including denial of service attacks and overuse or misuse of the Content), telephone problems or other connection problems, computer viruses, unauthorised access, theft, operator error, fire, severe weather conditions, including floods, acts of God, actions or regulations of any regulator, government or supranational authority, war, disturbances, labour disputes, and the cancellation or postponement of any event.

2. Assignment: DSI my assign, subcontract or otherwise negotiate with its rights and/or obligations under these Terms of Use without notifying the User or obtaining their consent.

The User may not assign, subcontract or otherwise negotiate with its rights and/or obligations under these Terms of Use.

3. Prevailing language: The Terms of Use may also be available to the User in English. The User acknowledges and accepts that in the event of any discrepancy between the Spanish version and English version, the Spanish version will prevail.

The User also acknowledges and accepts that if DSI sends future amendments or communications in a language other than the one selected by the User, these future amendments or communications will be valid, and in the case of amendments, will have legal effects.

17. Applicable law and jurisdiction

The relations established between DSI and the User will be governed by the provisions of current regulations on applicable legislation and the relevant jurisdiction. However, for cases in which the regulations provide for the option of the parties submitting to a jurisdiction, DSI and the User submit any disputes and/or litigation to the Courts of the city of Madrid and expressly waive any other jurisdiction to which they may be entitled.

If you have any questions, you can write to us at:

DIGITAL & SPORTS INNOVATION, S.L. 

Legal Department

soporte@laligasportstv.com

+34 910106337

Calle Torrelaguna, 60

28043, Madrid, Spain