General Terms and Conditions and Privacy Policy for the World Confederation of FC Barcelona Supporters’ Clubs Brand Center

 

The FC Barcelona Supporters’ Clubs World Confederation (hereinafter, the “CMP”) hereby grants permission for the CMP’s authorized partners and employees (hereinafter, the “Users”) to use the Brand Center platform (hereinafter, the “Platform”), in order to enable the Users to make use of the content and other elements related to the CMP’s corporate identity, along with multimedia elements and content (hereinafter, the “Content”), for the purposes agreed with each User.

Use of the Platform and Content shall be governed by these General Terms and Conditions, along with any other agreements between the CMP and the Users that may apply.

1.

This website (https://confederaciopenyes.fcbarcelona.cat/brandcenter/) hosts the Platform, and its Content is comprised of logos, brand books, corporate identity manuals, templates for documents and presentations, and other elements related to communication (e.g. pictograms, stationery, videos, audio files, and photographs that belong to the CMP or whose usage has been authorized by FC Barcelona). All of the Content is either owned by the CMP or the usage rights thereof have been granted to the CMP by FC Barcelona under the agreement signed by both parties.

2.

In accordance with Law 32/2002 of 11 July on the information society and e-commerce services (LSSI), the website’s details are as follows:

  • Owner: WORLD CONFEDERATION OF FC BARCELONA SUPPORTERS’ CLUBS
  • Address: Av. Arístides Maillol s/n, 08028 Barcelona
  • Registration details: FC Barcelona Supporters’ Clubs World Confederation, registered in the Government of Catalonia’s Register of Associations under entry 766 in section 2 for the Barcelona region.
  • Corporate Tax Code (CIF): G-66522640
  • Contact: penyes@fcbarcelona.cat

3.

Users of the Platform can be:

(i) Employees of the CMP and FC Barcelona (hereinafter, the “Employees”);

(ii) Suppliers of advertising, communication and/or events services (hereinafter, the “Agencies”);
(iii) Sponsors (hereinafter, the “Sponsors”);

(iv) Licensees of publications, merchandising and other products (hereinafter, the “Licensees”);

(v) Supporters’ Club Federations (hereinafter, the “Federations”);

(vi) Other partners or suppliers (hereinafter, the “Others”);

(vii) The parties assigned by FC Barcelona to manage the Platform (hereinafter, the “Administrators”).

All of these Users must be authorized by the CMP.

4.

Users shall only be permitted to access the Platform if they meet the following requirements:

They must access the Platform via the Internet and using a username and password managed by the Administrators. Users’ usernames and passwords shall be suspended or cancelled once their relationship with the CMP has ended, in accordance with the terms governing the duration of said relationship.

5.

Before accessing the Platform, Users must expressly accept these General Terms and Conditions governing the use of the Platform (hereinafter, the “General T&Cs”). If they do not accept the General T&Cs, Users shall not be permitted to access or use the Platform.

6.

Users’ access to the Platform’s Content shall be governed by the corresponding service provision agreements, licensing agreements, sponsorship agreements, collaboration agreements or other agreements that the User has entered into with the CMP. Access to the Platform’s Content shall be limited depending on the User’s category, in accordance with the conditions stipulated in the User’s contract or agreement with the CMP.

7.

Users shall be obliged to use the Content solely and exclusively within the context of their relationship with the CMP, and to refrain from sharing said Content with third parties unless they are expressly authorized to do so under the terms of their contract or agreement with the CMP.

8.

Users agree to comply with the terms governing their respective contracts or agreements with the CMP, and in particular (although not limited to) the clauses regarding their obligations and responsibilities in relation to industrial and intellectual property, confidential information and data protection. Consequently, Users may only use the Content in the extent to which they have been authorized to do so by virtue of their respective contracts or agreements, for the purposes specified therein and in accordance with the limitations on use stipulated therein. Once the contract or agreement has ended and it is no longer valid, Users agree to destroy all of the Content, analyses, compilations, studies, and any other documents they may have prepared and which contain or otherwise reflect any information to which they may have had access via the Platform or may have prepared in accordance with same; to destroy any copies they may have made of these analyses, compilations or studies; and to delete the Content (along with any copies they may have made) from their computers, word processors and other devices or formats.

9.

Users are obliged to refrain from taking part in any activities that might impede or interfere with the correct functioning of the Platform and the appropriate use of the Content.

10.

Users may only use the Content for the purposes authorized in the agreements that govern their respective relationships with the CMP or related organizations, and only in accordance with these General T&Cs. The Content must be used in accordance with the legislation in force, with specific regard to the applicable legislation on intellectual and industrial property, unfair competition, advertising and image rights, the right to privacy and honor, and data protection.

11.

Users accept that the Content is protected by industrial, intellectual and all other property rights, as a result of which they cannot reproduce, distribute, communicate, provide access to or transform the Content, whether in full or in part, except under the terms established in these General T&Cs or stipulated by the Administrators of the Brand Center. Use of the Content is therefore limited to the corresponding authorizations that pertain to each part of the Content. Additionally, Users are not authorized to delete, evade or manipulate the copyright information and other identifying details pertaining to the Content and/or its owners, or the technical copyright protection or any other information-related mechanisms that may be incorporated into the Content.

12.

The CMP’s name, trademarks and any other distinctive signs that may appear on the Platform are the exclusive property of the CMP and Users are expressly prohibited from using them, including any usage related to domain names and/or any other form of unfair usage.

13.

The CMP shall not be bear any liability for:

(i) Misuse of the Platform on the part of Users;

(ii) Any vulnerabilities on the part of the Platform and the software used in relation;

(iii) Damage or detriment arising from Users’ infringement of these General T&Cs or their violation of the security systems pertaining to the Platform or its Content; or

(iv) Lack of truthfulness, accuracy or relevance on the part of the Content or the outdatedness of same.

14.

Users accept that they bear sole liability for any failure to comply with the obligations specified in these General T&Cs, and for the consequences of any such failure. If a User becomes aware of any infringement of rights in relation to the Content, s/he must notify the management of the Brand Center (i.e. the Administrators) as soon as possible by sending an email to penyes@fcbarcelona.cat

15.

Users agree to refrain from using the Content for any purposes that have not been expressly authorized by the CMP. They also agree to refrain from using it in ways that might harm the reputation or image of the CMP, infringe the CMP’s trademarks or cause a conflict with any of its sponsors.  

16.

The CMP expressly reserves the right to take any and all appropriate legal action, whether civil or criminal, in order to protect its legal rights. Users shall be held responsible by the CMP for any damage or detriment that the CMP or third parties may suffer, whether directly or indirectly, as a result of the failure to comply with any of the obligations arising from these General T&Cs.

17.

In order to access the Platform and Content, Users must provide FC Barcelona with certain personal details (hereinafter, the “Personal Data”). In accordance with Article 13 and subsequent of Regulation (EU) 2016/679 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 (the GDPR), Organic Law 3/2018 of 5 December on the protection of personal data and the guaranteeing of digital rights (LOPD-GDD) and Law 34/2002 of 11 July on the information society and e-commerce services (LSSI-CE).

18.

The CMP hereby informs you:

a) That your Personal Data shall be gathered and processed via registration in the Brand Center computer application, for the purposes of managing your user account and registration and access to the application.

b) That your Personal Data shall only be processed by the CMP and shall not be shared with any third-party companies.

c) That you may exercise your right to access, rectify, delete, oppose and limit the processing of your data, and request a copy of your data, by contacting the data processing officer at the CMP (you can do this by sending a written request, containing the reference “Personal Data”, to Av. Arístides Maillol, s/n, 08028, Barcelona, or by sending an email (containing the same reference) to penyes@fcbarcelona.cat).

d) That we shall store your Personal Data for the duration of our relationship with you and for a maximum of six months following the conclusion of said relationship, unless we are required by law to store your Personal Data for a longer period.

We hereby inform you that you may exercise your right to file a claim with the competent supervisory body: namely, the Spanish Data Protection Agency (www.agpd.es).

19.

Users cannot share with third parties any Content that may contain Personal Data, as this would constitute an unauthorized sharing of data and would require the express consent of the owner of said data or, where applicable, the authorized assignee of said data.

20.

Users accept that the CMP may (i) modify and/or interrupt, whether temporarily or permanently, the activity that takes place on the Platform; (ii) block access to certain parts of the Content; and (iii) cancel access to the Platform by adopting measures such as cancelling or suspending access passwords, without being held liable for any damage or detriment that this may cause to the User. FC Barcelona shall not be held liable for any damage or detriment that may be suffered by the User as a result of the above, or as a result of any breakdowns, overloads, power failures, malfunctioning Internet connections or any other events of a similar nature that are beyond the CMP’s control and impede the use of the Platform.

21.

These General T&Cs may be modified unilaterally and at the discretion of the CMP. If this occurs, the new version shall be uploaded onto the Platform and Users accept that their use of the Platform thereafter shall constitute tacit acceptance of the changes made.

22.

Users are obliged to observe the strictest conditions of confidentiality with regard to the contracts and agreements they have entered into, and with regard to these General T&Cs, the functioning of the Platform and their access passwords for same.

23.

These General T&Cs are governed by Spanish law. Any disputes arising in relation to them and/or to the use of the Platform shall fall within Spanish jurisdiction and the parties agree to subject themselves to the rulings of the courts of the city of Barcelona.

The CMP reserves the right to modify these General T&Cs at any time and to modify the corresponding services, structure and design.

 


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