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GENERAL CONDITIONS OF USE WEBSITES AND MOBILE APPS

GENERAL TERMS AND CONDITIONS OF USE OF   SOCIEDAD ESTATAL LOTERÍAS Y APUESTAS DEL ESTADO, S.M.E., SA  (SELAE) WEBSITES AND MOBILE APPLICATIONS

 

1. Owner of the websites and mobile apps

The provider of the information society services and owner of the websites and mobile apps made available to users is the Sociedad Estatal Loterías y Apuestas del Estado, S.M.E., SA  (hereinafter “ SELAE”), with registered address at C/ Poeta Joan Maragall 53, 28020 Madrid, holder of Tax No.: A86171964 and registered in the Madrid Companies’ Registry in volume 28078, folio 202, section 8, page M- 505970, entry 1.

The corporate purpose of SELAE is the management, operation and marketing of the gaming activity in its different modalities, such as, for example, the games themselves, lotteries, bets, raffles and contests, both undertaken in person, as well as through electronic, computer, telematic, interactive, audiovisual or any other media that may be created or established in the future.

SELAE hereby states that it has not authorised any third party to sell any of its products over the internet or other electronic or audiovisual means. These can only be accessed through the official websites used by SELAE to manage gambling activities at any given time, as well as, where appropriate, through the mobile apps that SELAE makes available to users. Accordingly, SELAE accepts no liability for the actions that may be carried out by the people or entities that manage or participate in any way in other web pages or applications other than those indicated.

SELAE reserves the right to take the actions it deems appropriate to defend its legitimate rights and interests should the actions of any third party harm or damage it in any way.

 

2. Purpose of SELAE websites and mobile apps

The terms and conditions indicated below regulate, in general, the access and use of SELAE websites and mobile apps, as well as the services and content associated with the said sites and apps (hereinafter also “ the site(s)” or“ the website(s) and mobile apps” ), without prejudice to the terms and conditions that may specifically regulate certain websites or mobile apps in view of their purpose and to which these terms and conditions will be apply in a subsidiary and complementary manner with regard to matters not provided for therein. The expressions “website(s) or website(s) and mobile apps” shall be understood as comprehending the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, plastic works, photographs and others included thereon and, in general, all the creations expressed through any means or support, tangible or intangible, protected by the laws on intellectual property, industrial property and other rules of law.

The user accepts sole and exclusive liability for accessing and using the services and contents of the websites and mobile apps.

Access to the websites, and mobile apps and/or the visualisation of the contents or use of the services contained thereon, implies that the user expressly accepts these general conditions of use and thereby acquires a series of rights and obligations to guarantee the adequate enjoyment of the services and contents that are found thereon and that SELAE makes available to the user.

User status is acquired by accessing the websites or mobile apps. The user must use the services and content exclusively for private purposes, which excludes any form of subsequent use of the same for any direct or indirect profit or benefit.

If these general terms and conditions are replaced by others, either wholly or in part, the said new general terms and conditions will be understood as accepted in the same way as set forth herein. Notwithstanding, the user of the websites or mobile apps must consult these general terms and conditions periodically to learn of the successive versions that are included here. Indeed, it is recommended that the user access them each time they intend to access or make use of the services and contents on the websites or mobile apps.

In the event that the user does not accept these general terms and conditions and/or the particular terms conditions that regulate the use of a certain service and/or content, they must refrain from accessing the websites or mobile apps and/or cease browsing them and refrain from using the services offered.

The user must establish the appropriate technical security measures to avoid unwanted actions in their IT system, files and computer equipment used to access the internet and, especially, the site, in the knowledge that the internet is not completely secure.

SELAE may modify unilaterally and without prior notice, the provision, configuration, content and services of the websites and mobile apps, as well as their terms and conditions of use and access to the services provided.

The cost of telephone access or other type of connection expense to access the websites and mobile apps will be borne exclusively by the user.

 

3. User rights and obligations

Users can:

  • Access the contents and services of the websites and mobile apps available as such, without prejudice to the technical conditions, particular terms and conditions, the contract that regulates them and/or the need for prior registration, as required.

  • Use the services and content available for their exclusive private use.

  • Make proper and lawful use of the websites and mobile apps in accordance with current legislation, common decency, good customs and practices and public order.

In no case may users:

  • Access or use the services and contents of the websites and mobile apps to commit acts that contravene current legislation, common decency, good customs and practices and public order, for purposes that are harmful to the rights and freedoms of third parties, or that may prejudice, damage or prevent, in any way, access to them to the detriment of SELAE or third parties.
  • Use the services, either wholly or in part, to promote, sell, contract, disseminate publicity or information of their own or of third parties without prior written authorisation from SELAE.
  • Enter information on websites and mobile apps or use the existing services on them to attack, –either directly or indirectly–, the rights of other SELAE users and, especially, their fundamental rights and public freedoms.
  • Use the services and content provided in a manner contrary to the general terms and conditions of use and/or the particular conditions, if applicable, that regulate the use of a certain service and/or content, and that may be to the detriment or in breach of the rights of other users.
  • Do anything that prevents or hinders access to the sites by users, as well as to the hyperlinks to the services and content offered by SELAE or by third parties through the websites and mobile apps.
  • Use any type of computer virus, code, software, computer program, computer or telecommunications equipment, that may cause damage or unauthorised alterations to the content, programs or systems accessible through the services and content provided on the websites and mobile apps or to the information systems, files and computer equipment of the users thereof; or unauthorised access to any content and/or services on the websites and mobile apps.
  • Eliminate or modify, in any way, protection or identification devices pertaining to SELAE or their legitimate owners that may contain the content hosted on the websites and mobile apps, or the symbols that SELAE or the legitimate third party owners of the rights incorporate into their creations that are subject to the intellectual or industrial property rights related to the same.
  • Include “ metatags” corresponding to brands, trade names or distinctive signs owned by SELAE in websites they are responsible for or own.
  • Reproduce all or part of the websites and mobile apps on another website; and may not frame the site or the websites accessible through it that hide or modify– albeit not exclusively - SELAE or third-party content, advertising spaces and brands, regardless of whether they involve acts of unfair competition or confusion.
  • Create frames within a website for which they are responsible or own that reproduce the home page and/or the pages accessible through it, corresponding to websites and mobile apps without prior authorisation from SELAE.
  • Include a hyperlink in a website for which they are responsible or own that generates a window or session of the browser software used by a user of their website, in which SELAE brands, trade names or distinctive signs are included and through which the main web page of or any of the pages accessible through it are shown.
  • Use the brand, trade names, as well as any other identifying sign or other rights that are subject to intellectual or industrial property rights, without the express prior written authorisation of their owner.
  • Carry out any action that involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves the modification or alteration of all or part of the contents and services of the websites and mobile apps or the use for economic benefit from the same, without prior, written authorisation from SELAE or the third party owner of the intellectual and industrial property rights related the services or contents thereof, unless where provided for in these general terms and conditions or, where appropriate, particular terms and conditions that regulate the use of a service and/or existing content on those that permit such actions.

 

4. SELAE rights and obligations

SELAE reserves the following rights:

  • Modify any technical or other, where appropriate, terms and conditions of access to websites and mobile apps unilaterally and without prior notice to users, without prejudice to the provisions of the particular terms and conditions that regulate the use of a specific service and/or content intended for users of the sites.
  • Establish particular terms and conditions and, where appropriate, impose a price or other requirements on access to certain services and/or content.
  • Limit, exclude or condition the access of users when all the guarantees of correct use of the site are not given by them in accordance with the agreed obligations and prohibitions.
  • End the provision of a service or supply of content without generating a right to any compensation.
  • Modify, delete or update all or part of the content or services offered through the websites and mobile apps without the need for prior notice.
  • Take any appropriate legal or judicial action to protect the rights of SELAE and of third parties that provide their services or content through the websites and mobile apps, whenever so warranted.
  • Demand compensation for the improper or illegal use of all or part of the services and content provided through the websites and mobile apps

 

5. Links

Links to third party websites

In the event that links or hyperlinks to other third-party web and mobile pages are displayed on the websites and mobile apps through different buttons, links, banners or embedded content, SELAE hereby informs users that these are directly managed by third parties. In no case whatsoever will SELAE exercise any type of control over the said sites or contents, lacking as it does the technical availability to know in advance and/or control and/or approve all the information, contents, reliability, accuracy, truth, quality, products or services provided by other platforms to which links can be established from the website.

Accordingly, SELAE will not assume any type of responsibility for any aspect related to the platform, web page and mobile to which a link could be established from the websites and mobile apps, specifically, by way of example and, albeit not restricted to the same, with respect to its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content in general.

In this regard, if users have actual knowledge that the activities carried out through third-party platforms, mobile apps and web pages are illegal or contravene common decency and/or public order, they must immediately notify SELAE so that it can proceed to disable the access link in question, which will be done as soon as possible.

Whatever the case, the establishment of any type of link from SELAE websites and mobile apps to another external site does not entail that there is any type of relationship, collaboration or dependency between SELAE and the person responsible for the external website.

 

Links to the SELAE channel on other platforms and social networks

SELAE makes available to users, through different tools and applications, means of establishing links that allow users to access SELAE channels, websites and mobile apps that it has on different platforms (Google play, App Store, etc.) and social networks owned and/or managed by third parties (e.g. Facebook, Twitter, Youtube, etc.). The sole purpose of including these links on websites and mobile apps is to provide users with access to said channels on different platforms and social networks.

The establishment of these channels does not entail the existence of any relationship between SELAE and the owner, manufacturer or distributor of the linked platform, nor does it imply the acceptance and approval by SELAE of the contents and/or services thereon, with sole liability for them lying with their owner, manufacturer or distributor.

SELAE does not share any type of private information about its users with Facebook, Twitter, Youtube or any other social network that may be incorporated in the future, its sole purpose being the one established in this Web and Mobile Sites Use Policy and in the  Data Protection Policy  for SELAE websites and mobile apps. In this regard, users shall be liable for all the information they wish to provide to these platforms as the service provider does not intervene in the said process.

The activation and use of these apps may entail user identification and authentication (login/password) on the corresponding platforms, which are completely external to and beyond the control of SELAE. By accessing these external networks, the user enters an environment not controlled by this SELAE, thus SELAE will not be liable for the security configuration of the said environments.

As SELAE has no control over the content hosted on said channels, the user acknowledges and accepts that SELAE accepts no liability for the content or for the services that the user may access on the said pages, or for any content, products, services, advertising, or any other material available thereon. Accordingly, users must exercise extreme caution when evaluating and using the information, content and services on the linked channels, and with respect to their own information or that of third parties that they want to share on the said channels.

 

Links to SELAE on other web pages

Users who wish to include hyperlinks on their private or commercial web pages to SELAE websites and mobile apps that are not limited solely and exclusively to accessing the home page, must (i) notify SELAE in writing and (ii) agree to comply with any regulations relating to advertising in the gaming sector, where applicable. SELAE accepts no liability in relation to the links provided by third parties to its websites and mobile apps.

If users, entities or websites wish to establish links on their respective websites or mobile apps that lead to SELAE, they can be authorised to do so. Notwithstanding, they must meet at least the following conditions: a) the link may not reproduce the SELAE content or any part thereof in any way; b) it is not permitted to create either a  browser  or a  border environment  on SELAE sections, or modify the websites and mobile apps in any other way; c) it is not permitted to make false, inaccurate or incorrect statements about SELAE and/or, particularly, to state or imply that the provider has authorised the link or that it has supervised or assumed in any way the contents or services offered or made available on the site where said link is established; d) the website, platform and/or mobile app on which the link to the websites and mobile apps is established must not contain information or illegal content, contrary to common decency and generally accepted good customs and practices and public order, nor may it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to a good name, personal or family privacy or one's own image or any other right, or content, contrary to personal data protection regulations.

Under no circumstances whatsoever does SELAE authorise the establishment of a link to the websites and mobile apps from those sites that contain illicit, illegal, degrading, obscene content and materials, and in general, content that contravenes the law, common decency or public order, or generally accepted social norms.

Whatever the case, SELAE does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other web pages or apps that establish links to the platform. SELAE accepts no liability for any aspect related to third-party platforms, mobile apps and/or websites that establish a link to the SELAE websites and mobile apps, specifically, by way of example, albeit not limited to, aspects regarding their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their content in general.

 

6. Disclaimer and limitation of liability

SELAE accepts no liability for damages of any kind in the following cases:

  • Due to the impossibility of difficulties in connecting to the communications network through which websites and mobile apps are accessible, regardless of the type of connection used.
  • Due to the interruption, suspension or cancellation of access to the websites and mobile apps, as well as due to the availability and continuity of their operation or their services and/or content, when the cause lies beyond the control of SELAE.
  • SELAE accepts no liability for services and content or for the availability and conditions, whether technical or not, or for access to the same, that are offered by third-party service providers and, especially, regarding information society service providers. Information society service providers shall be understood as those natural or legal persons who provide the following services to the general public: (i) transmission over a communication network of data provided by the recipient of the service; (ii) access services to the aforementioned network; (iii) data storage or hosting services; (iv) supply of content or information; (v) temporary copy services of the data requested by users; and (vi) the provision of links to content or search tools.
  • Processing of personal data and subsequent use made of the same by third parties unrelated to SELAE, as well as the relevance of the information requested by them.
  • Access quality and speed to websites and mobile apps and the technical conditions that users must meet to be able to access them and their services and/or content.
  • SELAE accepts no liability for delays or failures that may occur in the access to and/or operation of the services and/or content of the websites and mobile apps as a result of force majeure.

Users will be personally liable for damages of any nature caused to SELAE directly or indirectly, due to the breach of any of the obligations arising from these general terms and conditions or other rules governing the use of the websites and mobile apps.

 

7. Intellectual and industrial property

The user hereby acknowledges that the content and services offered through the websites and mobile apps as well as the trademarks, trade names or distinctive signs on the websites and mobile apps are protected by intellectual and industrial property laws. Royalties on and any economic returns from the websites and mobile apps correspond to SELAE and/or third parties.

The provision of the services and publication of the content through the websites and mobile apps will under no circumstances entail the assignment, forfeiting or transmission, either wholly or in part, of the ownership of the corresponding intellectual and industrial property rights of SELAE and/or of their legitimate third-party owners.

Under no circumstances may users make any use of the services and content on the websites and mobile apps that is not exclusively personal.

No part of the websites and mobile apps may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, wither wholly or in part, by any manual, electronic or mechanical system or method (including photocopying, recording or any recovery and information storage system) through any medium currently known or that may be invented in the future without the consent of SELAE. Any use made of either all or part of the content of the websites and mobile apps requires authorisation from SELAE and/or legitimate third-party owners and the acceptance of the corresponding license, where appropriate, except for the provisions regarding the rights recognised and granted users under these general terms and conditions or what is thus determined in the particular terms and conditions that SELAE may establish to regulate the use of a particular service and/or content offered through the websites and mobile apps.

If the careless or negligent, direct or indirect, action or omission attributable to the user infringes on the intellectual and industrial property rights of SELAE or of third parties - whether or not a benefit has been gleaned from the same - and causes SELAE damages, losses, joint and several obligations, expenses of any nature, sanctions, restraining measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, be it civil, criminal or administrative, SELAE shall be entitled to proceed against the user by all legal means at its disposal and claim any compensation amounts, including– by way of example, albeit not restricted to - pain and suffering and damage to its image, consequential damages and loss of profit, advertising costs or those of any other nature resulting from repair of the said damages, the payment of amounts of sanctions or convictions, late payment interest, the cost of financing all SELAE damages, the legal and defence costs in any litigation in which SELAE may be sued for the aforementioned causes and, in general, for the damages caused by reason of the user’s commission or omission, without prejudice to taking any other actions that correspond to it by law.

SELAE acquires no legal obligation of any kind for the downloading and use of the mobile apps. SELAE only grants users a non-exclusive and non-transferable licence with respect to the apps for their personal and private use worldwide for the period of time for which it remains active   under the following terms and conditions: (i) any non-private use is prohibited as is the alteration of any of the parts of the apps including their functionality, reprogramming and reverse engineering for any purpose; (ii) it is forbidden to assign, transfer, lease, or sell the apps, or dispose of, distribute and publicly communicate them in any way, either temporarily or permanently, free of charge or onerously; and (iii) it is forbidden to alter, modify or delete any symbols and protection mechanisms adopted in order to preserve SELAE property rights.

Users accept use of the apps“ as delivered” with no guarantee or liability of any kind regarding bad installation of the app, use of the same, app failure or defective use.

 

8. Data Protection

SELAE will process users’ personal data in accordance with current legislation on personal data protection in Spain. For more information see   the Data Protection Policy.

 

9. Use of cookies and web beacons

To obtain information about the data storage and retrieval devices in the terminal equipment of SELAE website and mobile app users, see our   Cookies Policy.

 

10. Other terms and conditions

The fact that SELAE may not at a given moment require observance of any one of the terms and conditions established herein cannot be interpreted by the user as SELAE forsaking any subsequent demand for its observance.

If any clause to these general terms and conditions is or can be declared void, either wholly or in part, this will not affect the validity of all the other terms and conditions, which will remain fully effective and valid, except where the party that alleges its nullity proves that without the clause declared void, the purposes pursued by the rest of the terms and conditions cannot not be fulfilled.

The parties hereto expressly waive any right to their own jurisdiction and agree to submit any disputes that may arise to the Courts and Tribunals of the City of Madrid for resolution.

 

Latest update: 16 March 2017

Copyright © Sociedad Estatal Loterías y Apuestas del Estado, S.M.E., S.A. 2017. All rights reserved.