General Terms and Conditions
The use of web site www.messi.com and the Apps published in Apple and Google linked stores (hereinafter, the “Web and AppsWeb and Apps”) and of the services that LEO MESSI MANAGEMENT SL (hereinafter, “LMM”) offers through said website shall be governed by these general terms and conditions (hereinafter, the “General Terms and Conditions”). If you do not agree with all or part of the General Terms and Conditions, you must abstain from logging as user of the Web and AppsWeb and/or from using it in any way whatsoever.
Use Of The Web And Appsweb
The Web and AppsWeb offered by LMM are addressed to individuals acting as final users. Consequently, it is absolutely forbidden their use by any person intending to apply it to his/her commercial or business activity or in connection with his/her occupation or profession.
Simple use of Web and AppsWeb does not require prior logging in, however the user shall not be able to enjoy all the services that may be offered through the site. In all cases, user commits to use the Web and AppsWeb in accordance with the law, morality, generally accepted uses and customs, current public policy and these General Terms and Conditions. Particularly, though without limitation, user binds to abstain from using them for illegal purposes, for purposes contrary to the current laws and rules, or which could damage or prejudice any right or interest of Mr. Lionel Andrés Messi Cuccittini and/or LMM, or of any third party; and/or that may damage, make useless, overload or harm the Web and AppsWeb or hinder normal usage of the site. Particularly, user shall only be able to use the materials and data he/she may have access to by browsing and using the Web and AppsWeb for personal uses, and shall bind not to apply such material and information, either directly or indirectly, to any business activity.
At any time, and without need of any prior notice, LMM reserves its right to deny access to the Web and AppsWeb to users who violate the rules set forth in the preceding paragraph of this article or, in general, these General Terms and Conditions.
Log In As User. Services Offered To Registered Users
User shall first log in to use and enjoy some of the services offered through the Web and AppsWeb. Said services are only offered to individuals of legal age, and so when logging in in the Web and AppsWeb, user represents and warrants he/she is of age pursuant to the laws of the jurisdiction where he/she connects to Internet. To such end, that is, for a valid registration, the user shall have the option to log in through social media.
LMM offers the possibility of logging in as user of the Web and AppsWeb through social media such as Facebook, Twitter and Google+, among others. In such event, user shall have to start a session on the relevant platform and accept both these General Terms and Conditions and the transfer of personal data to LMM.
Services for Logged in Users
Logged in users shall be able to participate on a weekly basis in the challenges posed in LMM (hereinafter, the “Challenge” or the “Challenges”, indistinctly), which will consist of trivia, surveys and sports forecasts. For example, user may forecast the score of a certain soccer match of the Spanish first league or predict any other statistics related to said match (as for example, and only for illustrative purposes, number of red cards or ball possession percentage). To such end and after starting a Web and AppsWeb session, user shall participate in the Challenge on real time, upon filling in the form furnished through the Web and AppsWeb at least one hour in advance to the commencement date of the match.
Each user shall be allowed to participate in a certain Challenge only once. For each score or result guessed correctly, user shall be awarded points that could vary according to the challenge difficulty. The points collected have no economic value.
On an automatic basis, and with daily updates each sixty minutes, LMM shall publish in the Web and AppsWeb a ranking with the 10 high score players of the preceding period.
In no event shall LMM be requested to change the scores obtained for money, prizes or gifts of any kind.
We make our best efforts to ensure that all general and business information available in the Web and AppsWeb is comprehensive and error-free, and we periodically review the contents, information, and any other data of any kind included in the Web and AppsWeb. However, you acknowledge and accept that all data available in the Web and AppsWeb is provided for information purposes only, and that LMM does not warrant or assure the accuracy, suitability, integrity or truthfulness of any type of information available in the Web and AppsWeb. The User assumes all risks related to the use of any content, including its accuracy, completeness, integrity or usefulness.
LMM agrees to make any reasonable efforts to ensure the availability of the Web and AppsWeb. However, to the maximum extent permitted under applicable law, LMM cannot ensure a speedy, uninterrupted and mistake-free use of the Web and AppsWeb. The Web and AppsWeb operate “AS IS”, “WITH ALL ITS FAILURES” and according to its “AVAILABILITY”, and consequently LMM does not grant any kind of guaranty and the user will use the Web and AppsWeb at his/her own risk.
In particular, though without limitation, LMM disclaims any kind of liability in the following cases:
- Technical failures that, due to force majeure, act of God or otherwise prevent the ordinary operation of the Web and AppsWeb;
- Damages caused by computer viruses and similar risks, or those generated by an inappropriate use of the Web and AppsWeb;
- Third parties´ interference with the service. In light of the technical development, third parties may access the Web and AppsWeb and interfere with them. Without prejudice of the foregoing, LMM exerts all technical efforts by introducing the pertinent technological measures to reduce this type of risks. However, user is hereby given notice that such interferences may occur and that LMM shall not be liable for the damages they may cause.
The links that may exist in the Web and AppsWeb related to advertising or other type of content owned by or which are the liability of third parties other than LMM shall not be the responsibility of LMM, who in no event binds to control or approve the services, contents, data, files, products or any type of material existing in the applications or the web site or sites of third parties. Consequently, LMM shall not be liable, under any circumstance, for the lawfulness of the contents of said site/sites, and the third party shall have the exclusive responsibility for anything related to said link, especially for compliance with law, morality, good practices and uses and public policy. The existence of links, if any, does not presuppose any kind of relationship between LMM and the owner of the linked web site linked.
Copyrights And Industrial Property Rights
User acknowledges that all elements of the Web and AppsWeb, the information and materials included in the site, the trademarks, signs, logos, design, image rights, as well as the structure, selection, orderly arrangement and display of their contents, as well as the software used are protected by copyrights and industrial protection rights owned by LMM or by third parties, or by the image rights rules, and that user´s access to the Web and AppsWeb will not grant user any right over them.
Unless expressly authorized by LMM or by third party-holders of the pertinent rights, users shall not be able to reproduce, convert, modify, disassemble, make reverse engineering, distribute, lease or rent, lend, make available or allow public access through any kind of public communication of any of the elements referred to in the preceding paragraph. User shall use the materials, elements and information he/she may access by browsing and using the Web and AppsWeb exclusively for personal purposes, and shall bind not to use such materials, elements and information for any commercial or business purpose.
Practices For Using The Web Site
The user acknowledges that LMM has the exclusive power to set the limits and conditions for using this Web and AppsWeb.
a) Content Control. The user recognizes LMM has full and absolute discretionary powers to make a pre-selection, reject, remove and/or modify any content of the Web and AppsWeb. Furthermore, LMM shall not be liable either to the user, or to any third party for any damages, infringements, crimes, misdemeanors or any other kind of unlawful acts that may be committed, whether related to intellectual property rights, or against the honor and reputation of persons, their personal data, credit information, consumer´s rights, or against any other right that could be violated due to the users´ misuse of the Web and AppsWeb;
b) Access to information. User accepts that LMM, on its own discretion, may Access, preserve, disclose, remove and modify any content included in the Web and AppsWeb;
c) Termination. User accepts that LMM reserves the right to modify in any way whatsoever, discontinue, interrupt and/or terminate the service of the Web and AppsWeb without cause or prior notice, and at its exclusive discretion. In such event, user shall not be entitled to claim any kind of damage compensation.
Limitation Of Liability
User expressly acknowledges that LMM does not conduct a prior revision of all content Users may upload to the Web and AppsWeb.
User acknowledges that LMM does not assume liability, whether direct or indirect, foreseen or not, for any kind of damages, whether compensatory or loss of profits, arising from any misuse of the Web and AppsWeb or of their contents uploaded by users or third parties.
Under no circumstance shall LMM be liable for any contents of the Web and AppsWeb, including, without limitation, any mistake or omission related to any contents, or the loss or damage of any contents.
User expressly accepts that LMM shall not be responsible for the damage caused by any failure or discontinuance occurred in the Web and AppsWeb.
User specifically accepts that LMM shall not be liable for the unauthorized access, copies, alteration or deletion of data by any third party in the Web and AppsWeb, or for their consequences and/or damages.
User acknowledges and agrees that LMM shall not be liable for the services that could provide links from the Web and AppsWeb, or for the products or goods advertised therein.
User accepts and acknowledges that LMM shall not be liable for the prizes and/or goods awarded, purchased, sold, won or referred to in the Web and AppsWeb; or for the consequences arising from their use, or for the damages that may derive from their use or enjoyment.
Use Authorization Granted To LMM
All the information or files the user uploads to the Web and AppsWeb in any way whatsoever shall be deemed covered by an irrevocable license granted to LMM for their reproduction, distribution, display, transmission, retransmission, commercialization, broadcasting, storage, digitalization, tender, translation, adaptation, arrangement or any other modification for the whole term of copyright protection specified by the law. Moreover, user understands that the authorization is granted free of charge, and he/she expressly waives any claim for remuneration against LMM.
User agrees to hold LMM, its controlling, controlled and related companies, the directors, managers and employees harmless in case the use of the information, files or further contents provided by the user infringe third parties´ rights, regardless of their nature and kind.
Accordingly, user acknowledges that LMM has the right to modify, alter or edit any information or file uploaded by the user to the Web and AppsWeb, and in such event it shall be deemed that there does not exist any kind of damage or violation to the author´s moral rights that user may have.
Use Forbidden. Links
User acknowledges that the use of any technical means which is the result of LMM´s endeavors, and whereby the user or any third party may benefit, either directly or indirectly, for profit or not for profit, from the whole or part of the Web and AppsWeb is strictly forbidden.
Specifically, the addition of any link, hyperlink, framing or similar device to the Web and AppsWeb without the prior written consent of LMM is hereby forbidden. Any violation to this provision shall be deemed an infringement of LMM´s intellectual property rights.
Moreover, the user agrees and acknowledges that LMM shall not undertake any liability for the contents, services, products, etc. of third parties that can be accessed either directly or through banners, links, hyperlinks, framing or similar links from LMM´s websites.
User binds not to reproduce, duplicate, copy, sell, commercialize or exploit any part of the Web and AppsWeb for any business purpose.
Web And Appsweb Updating
The information appearing on this Web and AppsWeb is the current one as from the last updating. To enhance the service for the benefit of users LMM reserves the right to update, modify or delete existing information in the Web and AppsWeb or its operating, technical and usage conditions, and users shall have to follow any instructions that LMM may give for such a purpose through the Web and AppsWeb or through duly authorized personnel. LMM shall give reasonable advance notice in case the modifications to be implemented involve a material alteration of the Web and AppsWeb performance or operation.
In the event these General Terms and Conditions are modified, LMM shall give users reasonable advance notice so that they could learn of the new applicable terms and, if the change is material, accept them or abstain from using the Web and AppsWeb and cancel their registered user´s account.
Web And Appsweb Functionality And Interoperability
The Web runs on Safari, Firefox, Internet Explorer and Chrome platforms updated as of 2019. It is specially optimized for Chrome.
The apps have been developed for Apple 9 or higher and Android 4.2 or higher devices.
Users of the Web and AppsWeb shall be able to contact LMM through e-mail addressed to: [email protected].
If any of these General Terms and Conditions were annulled or deemed void, the remaining terms and conditions shall not be affected, but they will continue in full force and effect.
Any conflicts that may arise from the application of these terms shall be governed by the laws of Spain. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer. Also, should you be acting as a consumer, you may also access to the European Union’s online dispute resolution webpage.