Loterías y apuestas

GENERAL CONDITIONS OF USE WEBSITES AND MOBILE APPS

GENERAL CONDITIONS OF USE ON THE SOCIEDAD ESTATAL LOTERÍAS Y APUESTAS DEL ESTADO, S.M.E., S.A. (SELAE) WEBSITES AND MOBILE APPS

1. Owner of the websites and mobile apps

The service provider of the information society and owner of the websites and mobile apps available for users is Sociedad Estatal Loterías y Apuestas del Estado, S.M.E., S.A. (from this point forward SELAE), with registered offices in Poeta Joan Maragall 53, 28020 Madrid, and Company Code A86171964, registered in the Mercantile Registry of Madrid in volume 28070, sheet 202, section 8^th, paper M- 505970, inscription 1^st.

SELAE’s aim is the management, exploitation and commercialisation of the gaming activity in its different ways, as for example, gaming itself, lotteries, raffles, bets and contests, those carried out through in-person media or those carried out by electronic, computer, telematic, interactive or audiovisual channels, or any other which may be created o established in the future.,

SELAE warns no third-party has been authorized to sell any of its products by the Internet or any other electronic or audiovisual means. These are accessible only through the official websites in which SELAE’s gaming activities are managed, as well as mobile apps that SELAE makes available to users. So, SELAE is not and will be not responsible for actions carried out by people or companies that manage or take part in any way on other websites or apps different to those mentioned.

SELAE reserves itself the right of all the actions it considers appropriate for the defence of its legitimate rights and interests in case of any third-party action may cause any harm or impairment.

2. Object of SELAE mobile and websites

The terms and conditions set forth hereunder govern, generally, the access and use of SELAE websites and mobile apps, as well as services and contents associated to those websites and apps (from this point forward also the mobile, website/s, and site/s), subject to the terms and conditions which may regulate in a specific way certain mobile or websites in order to the object of those mobile and website/s and to those which will be applied the present conditions alternatively and complementarily in the cases not covered in those. Within the expression “mobile site/s and website/s”, it is understood – by way of example and in no way limited to- data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, plastic works, photographs and others included in it, and, in general, all creations expressed by any means or medium, tangible or intangible, protected by laws on intellectual property, industrial property and other laws.

User acknowledges the access and use of the services and contents of the mobile sites and websites is carried out under his/her sole and exclusive responsibility.

Access to mobile sites and websites and/or visualisation of the contents or use of the services contained in them implies the user acknowledges the present general conditions of use expressly and then acquires rights and obligations, with the object of guarantying the proper use of the services and contents found in them and SELAE offers to the user.

The user acquires such a condition by accessing to mobile sites and websites. The user may use the services and contents exclusively for particular aims except any modality of subsequent use thereof for profit or any kind of benefit, direct or indirect.

In the case of partial or total substitution of these conditions, the new general conditions will be considered as accepted in the same way as it has been expounded. However, the user of the mobile sites or websites must access these general conditions periodically to know the following versions included here, although it is recommended the user access them every time he/she wants to access or to use services and contents of the mobile sites or websites.

In case the user does not accept these general conditions and/or particular conditions which regulate the use of a specific service and/or content, he/she must decline accessing mobile sites or websites and/or abandon the navigation through them, as well as not to use the services offered.

The user must establish proper technical security measures to avoid unwanted actions in his/her computer/system, files and devices used to access the Internet, and specially, the site, acknowledging Internet is not totally safe.

SELAE may modify unilaterally and without previous warning, provision, configuration, content and services of the mobile sites and websites, as well as its conditions of use and access to the services offered.

The user will be entirely responsible for the cost of access for telephone or any other cost regarding connection to mobile sites and websites.

3. Rights and obligations of the user

The user may:

• Access to contents and services available on the mobile sites and websites, without prejudice of the technical, particular conditions, contract regulating them and/or the necessity of a previous registration as specified.
• Use the services and contents available for his/her use exclusively particular.
• Use correctly and legally mobile sites and websites, in compliance with current legislation, moral, good costumes and public order.

In no case the user may:

• Access or use the services and contents of the mobile sites and websites to commit illicit actions or any action against the current legislation, moral, good costumes and public order, for injurious objectives on other’s rights or freedoms, or that may damage, disrupt or impede in any way, the access to those, causing damage to SELAE or others.
• Use the services, totally or partially, to promote, sell, contract, or divulge publicity or self/other’s information without previous and written authorisation by SELAE.
• Introduce information on the mobile sites or websites or use the existing services in those in order to infringe upon – directly or indirectly- other user’s rights or SELAE’s – and especially upon fundamental rights and public freedoms.
• Use the services and contents offered in an opposite way to general conditions of use and/or particular conditions that in the case regulate the use of a specific service and/or content, and prejudicing or undermining the other user’s rights.
• Carry out any action that prevents or impedes the access to sites by users, as well as hyperlinks to services and contents offered by SELAE or by other through mobile sites or websites.
• Use any type of computer virus, code, software, computer program, computer or telecommunication equipment, that may damage or cause unauthorised alterations in contents, programs or systems accessible through services and contests offered on the mobile sites and websites or in the information systems, files and computer equipments of their users; or the unauthorised access to any content and/or services of the mobile sites and websites.
• Eliminate or modify in any way SELAE’s protection or identification methods or their legitimate title holder that may contain contents stored on mobile sites or websites, or the symbols SELAE or legitimate third party title holders of the rights may add to their creations subject to intellectual or industrial property existing on them.
• Include on websites under his/her responsibility or property “metatags” corresponding to brands, commercial names or distinctive signs property of SELAE.
• Reproduce totally or partially mobile sites or websites on other website; he/she may not frame the site or websites accessible through it which hide or modify – including but not limiting to- contents, advertising space and SELAE’s or third party brands, independently or not they may be an act of unfair competition or confusion.
• Create frame on a website under his/her responsibility that reproduce the main webpage and/or other web pages accessible through it, corresponding to mobile and web sites without SELAE’s previous authorization.
• Include on a website under his/her responsibility or property a hyperlink that generates a window or session of the software of navigation used by a user of his/her website, which includes brands, commercial names or distinctive signs of his/her property and through which the main webpage is shown, or any of the web pages accessible through it.
• Use the brand, commercial names, as well as any other distinctive sign subject to rights of intellectual or industrial property, without a previous express written permission by the owner.
• Carry out any action that implies the reproduction, distribution, copy, renting, public communication, transformation or any other similar action that implies the modification or alteration, total or partial, of the contents and services of the mobile and web sites or the economic exploitation of them, without a previous written authorisation by SELAE or the third-party owner of the rights of intellectual and industrial property related to services or contents of those, except the points in these general conditions, or, in its case, particular conditions regulating the use of a service and/or content existing in those allow it.

4. Rights and obligations of SELAE

SELAE reserves the following rights:

• Modify the conditions of access to mobile and web sites, technical or not, unilaterally and without previous warning to users, without being prejudicial to the particular conditions that regulate the use of a determined service and/or content addressed to the users of the sites.
• Establish particular conditions and, in its case, the demand of a price or any other requirement for the access to certain services and/or contents.
• Limit, exclude or restrict the access to users if all the guarantees for a correct use of the website are not present in relation to the obligations and prohibitions assumed by them.
• Stop providing service or supplying contents, without right to compensation.
• Modify, eliminate or update partially or totally the contents or services offered through mobile and web sites, not being necessary a prior notice.
• Carry out any legal or judicial action which results convenient for the protection of the right of SELAE as well as third-parties supplying services or contents via mobile and web sites, as appropriate.
• Demand compensation which could derive from the incorrect or illicit use of all or part of the services and contents offered through mobile and web sites.

5. Links

Links to third parties' web sites

The user that wishes to add links in its personal or business website to SELAE websites and cell phones that are not only and exclusively the access to the main site, will have to (i) communicate it in writing to SELAE and (ii) engage to observe any regulation relating to advertisement in the game sector, if applicable. SELAE does not assume any responsibility relating to the links provided by third parties to its websites and cell phones.

Consequently, SELAE will not assume any responsibility for any aspect regarding the platform, web and mobile sites that can be linked from web and mobile sites, as for example but not limiting to, about its functioning, access, data, information, files, quality and reliability of its products and services, links and/or any other content.

In relation to this point, if users know effectively the activities developped through a third parties' platform, mobile and web sites are illegal or disobey moral and/or public order, they must communicate it immediately to SELAE in order to disable their links of access as soon as possible.

In any case, establishing any kind of link from SELAE web and mobile sites to another site will not imply any type of relation, collaboration or dependence between SELAE and the person/entity responsible for such a site.

Links to SELAE channel on other platforms and social networks

SELAE establishes, through several tools and apps, links for the clients to access those channels, mobile and web sites that SELAE has on different platforms (Google play, App Store, etc.) and social networks belonging or managed by others (such as Facebook, Twitter, Youtube, etc.). By including these links on mobile and web sites, SELAE aims to give the users an easier access to those channels on different platforms and social networks.
Establishing these means does not imply the existence of any relation between SEALE and the owner, manufacturer or distributor of the platform linked, or the acceptance or approval of part of its contents and/or services by SELAE. Only the owner, manufacturer or distributor is responsible  for them.  
SELAE does not share in any way any type of private information about its users with Facebook, Twitter, Youtube or any other social network; private information is only required for the terms present in the Conditions of Use, as well as in Data Protection Policy of SELAE mobile and web sites. In this case, all the information the user wants to provide these platforms with will be the user’s own responsibility, without SELAE’s participation in such a process.

Activating and using these apps may cause the identification and authentication of the user (login/password) on the corresponding platforms, totally external and out of SELAE’s control. By accessing those external networks, the user enters an environment SELAE does not control, so SELAE will not assume any responsibility on the security configuration of those environments.
Since SELAE does not have any control on the content housed on those channels, the user accepts SELAE assumes no responsibility for the content or the services the user may access on those sites, as well as contents, products, services, publicity or any other material available. Consequently, the user must be aware of the use of the information, contents and services existing on those links, and of the own or third parties' information he wants to share on those channels.

Links on other web sites to SELAE

The user that wishes to add links in its personal or business website to SELAE websites and cell phones that are not only and exclusively the access to the main site, will have to (i) communicate it in writing to SELAE and (ii) engage to observe any regulation relating to advertisement in the game sector, if applicable. SELAE does not assume any responsibility relating to the links provided by third parties to its websites and cell phones.

If users, entities or web sites want to establish links on their mobile or web sites connecting to SELAE, such links may be authorised, however, they must comply with some of the following conditions: a) the link will not reproduce any kind of SELAE content or part of it; b) it is not allowed to create a browser or a border environment on SELAE’s sections; mobile and web sites will not be modified in any way; c) it is not allowed to make false, inaccurate or incorrect statements or indications about SELAE and/or especially, declare or understand SELAE has authorised the link or has supervised or assumed in any way the contents or services offered on the site the link is on; d) the platform, mobile and/or web site which links to the mobile and web sites will not contain illicit information or contents against moral and costumes generally accepted and against public order. It cannot include contents against third parties' rights, including industrial and intellectual copyright and/or right to honour, personal of familiar privacy, right to own image or any other right,or contents against regulation of personal data protection.
SELAE will not authorise under any case links to mobile and web sites offering illicit, illegal, degrading or obscene materials, information or contents, and in general, any general content against the law, moral, public order or social rules generally accepted.

Anyway, SELAE does not have power or human/technical means to know, control or pass all the information, contents, products or services provided by other web sites or apps linked to the platform. SELAE does not assume any responsibility for any aspect regarding a third parties' platform, mobile and/or web site establishing links to those mobile and web sites, specifically, but not limiting to, on their functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents.

6.Disclaimer and limitation of responsibilities.

SELAE is exempt of any type of responsibility for any damages and harm of any kind in the following cases:

• Impossibility or difficulties to connect to the communication network which mobile and web sites are accessible through, independently the type of connection used by the user.
• Interrupting, cancelling or suspending the access to mobile and web sites, as well as the availability or continuity of their working or their services and/or contents, when it is due to an external cause out of SELAE’s control, directly or indirectly from it.
• SELAE does not assume any responsibility in relation to services and contents, or for the availability and conditions, technical or not, to access them, offered by other providers, especially in relation to service providers of the society of information, meaning service providers of the society of information those people, natural or legal, who supply the following services to public: (i)  data transmission on a network supplied by the receiver of the service, (ii) services to access the net network mentioned (iii) storing services or data hosting (iv) information or content supplying (v) service of temporary copy of data requested by users (vi) facilitating links to contents or instruments of searching.
• Later processing and use of personal data carried out by people external to SELAE, as well as the appropriateness of the information demanded by them.
• Quality and speed in the access to the mobile and web sites and technical conditions the user must have in order to be able to access them and their services and/or contents.
• SELAE will not be responsible for the delays or errors produced in the access and/or working of the services and/or contents of the mobile and web sites, due to a case or “force majeure”
• The user may respond personally to any damage of any type caused to SELAE directly or indirectly, due to the  incompletion of any of the obligations derived from these general conditions or other rules which govern the of mobile and web sites.

7. Intellectual and industrial property

The user acknowledges the contents and services offered through mobile and web sites as well as brands, commercial names and distinctive signs; they are protected by industrial and intellectual property laws. The copyright and economic exploitation of the mobile and web sites corresponds to SELAE and/or third entities.

In no case will the supplying of the services and publication of the contents through mobile and web sites imply cession, renunciation or transfer, totally or partially, of the ownership of the corresponding rights of intellectual and industrial property by SELAE and/or its third legitimate owners.

Under no concept, the user may use the services and contents existing on the mobile and web sites in a different way than the exclusively personal one.

No part of the mobile and web sites may be reproduced, distributed, transferred, copied, communicated publicly, transformed, partially or totally through any system or manual, electronic or mechanic method (including photocopying, recording or any system of recovery or storage of information)through any base currently known or invented in the future, without SELAE’s consent. The use, under any modality, of all or part of the content of the mobile and web sites is subject to the necessity of requesting previous authorisation from SELAE and/or third legitimate owners and the acceptance of the corresponding license, in its case, except for the points regarding the rights acknowledged and conceded to the user in these general conditions or what SELAE may determine in the particular conditions in order to regulate the use of a specific service and/or content offered through mobile and web sites.

If the action or omission responsible for or neglicent direct or indirectly chargeable to the user who originates the infraction of the rights of intellectual and industrial property of SELAE or a third-party – with benefit or not – originates any damages, losses, duty of solidarity, costs of any type, penalties, coercive measure, fines and other quantities arisen or derived from any claiming, lawsuit, action, or procedure, civil, penal or administrative, SELAE will have the right to address against the user with all the legal means in his power and claim any compensatory quantity, including but not limiting to – image and reputation damage, general damages and loss of profits, commercial costs or any other type that may result for its reparation, amount of fines or judgement of conviction, interests charges, the cost of the financing of all the amounts in which SELAE could result damaged, judicial costs and the amount of the defence in any process in which SELAE could end up sued because of the previously expounded causes, any damage resulting from this action or omission, maintaining the right to start any legal action assisted by law.

SELAE is not legally responsible for any type of download or use of the mobile apps. SELAE gives the user a non-exclusive and non-transferrable license of use for his personal and private use during the period of time the license is active in the following conditions: (i) Any non-private use is forbidden, as well as the alteration of any of the parts of the apps including functionality, reprogramming and inverse engineering, with any purpose. (ii) It is forbidden to transfer, distribute, rent or sell the apps or any other act of temporal or permanent disposal, distribution or public communication, freely or not. (iii) It is forbidden to alter, modify or eliminate any symbol or protection mechanisms aimed to preserve SELAE’s copyright.

8. Data protection

SELAE will carry out the processing of the personal data of the user in compliance with the current law on protection of personal data in Spain, that is, the Organic Law 15/1999, 13^th of December, on Protection of Personal Data (LOPD) and the Royal Legislative Decree 1720/2007, 21^st of December, by which the Regulation of development of the LOPD is passed (RDLOPD). For more information, refer to  Privacy Policy.

9. Use of cookies and beacons

To obtain more information about the new storage devices and recovery of data in users’ terminals of the mobile and web sites of SELAE, visit our Cookies Policy.

10. Miscellany

The fact of SELAE not demanding in a specific moment the respect of any of the conditions established in these general conditions cannot be interpreted by the user as the renounce of SELAE to demand its subsequent fulfilment.

If any clause of these general conditions is annulled or invalid, totally or partially, this invalidity or annullability will not affect la validity of the other clauses in them, which will remain totally valid, but the part claiming their invalidity or annullability proves that without the clause resulting invalid or annulled the aims of the current conditions cannot be fulfilled.

The parties expressly waive their own law, and subject to the Courts of Madrid to any resolution of the disputes which might derive.

Last update: July, 31, 2016. Copyright © Sociedad Estatal

Sociedad Estatal Loterías y Apuestas del Estado, S.M.E., S.A. 2016. All rights reserved.