Culers Membership Premium - Terms and Conditions of Use

1. Introduction

Barcelona Football Club (hereinafter, “FC Barcelona” or the “Club”), which has its registered office at Calle Arístides Maillol, s/n, 08028, Barcelona (Spain) and tax ID number G-08266298, offers certain services (hereinafter, the “Service” or the “Services”), which allow our registered visitors and/or subscribers to access prize draws, participate in games (with or without prizes), use participation tools, access audiovisual content, etc.

These terms and conditions of use (hereinafter, the “Terms and Conditions”) govern use of our Services. The user must bear in mind that some Services offered on our website and/or official applications (hereinafter, the “Platforms”) are subject to special conditions. Said conditions are published separately and specifically for each subscription category.

It is important that the user read the Terms and Conditions carefully before using and/or subscribing to any of them. By using a certain Service or clicking a box or link that establishes that the user accepts these Terms and Conditions or agrees to them, the user will be expressing their acceptance of the same. If the user does not agree with these Terms and Conditions, they should not use the Services. If you are a parent or legal guardian and you grant your consent for your child to register for the CULERS MEMBERSHIP Service, you will accept these Terms and Conditions in relation to the use your child makes of the same.

These Terms and Conditions apply in general to all CULERS MEMBERSHIP, CULERS PREMIUM MEMBERSHIP and BARÇA TV+ services. The user must register via one of the Platforms by creating a profile, which will allow them to access the corresponding Services.

• CULERS MEMBERSHIP grants a registered user access to participate in games, prize draws, participation tools, wallpaper downloads, free BARÇA TV contents, etc. The CULERS MEMBERSHIP subscription is free and the user may end their subscription at any time.
• CULERS PREMIUM MEMBERSHIP grants a subscribed user access to exclusive benefits (access to Barça TV+, Membership identification card, preferential access to exclusive sales in FC Barcelona stores, discounts on tickets for FC Barcelona matches and the Club Museum, benefits from the Club’s official partners, preferential access to prize draws and competitions, etc.). A user who is subscribed to said Service will be subject to these Terms and Conditions, as well as the specific conditions outlined in section 8.
• BARÇA TV+ grants the user access to FC Barcelona’s digital video platform. The platform may be accessed in the following ways: (i) Free content (the user will not need to register to access said content); (ii) Content subject to CULERS MEMBERSHIP registration (the user must register to access said content); and (iii) Content subject to subscription (the user must subscribe to access said content). A user who chooses CULERS MEMBERSHIP will be subject to these Terms and Conditions. A user who chooses the subscription method will also be subject to the BARÇA TV+ subscription contract. FC Barcelona reserves the right to define the content of each forms of access to BARÇA TV+ at its discretion. The selection of content on offer will be comprised of (including but not limited to) highlights and matches shown ‘as live’ of FC Barcelona’s football teams and all other sections, documentaries, contents involving players, interviews, behind the scenes content, training sessions, 24/7 Barça TV linear channel, etc.

2. Use of the Services and Content

The Services are exclusively for the user’s personal use. The Services may not be used for commercial purposes, or in any way that is illegal or harmful to FC Barcelona or any other person and/or institution.

Unless indicated otherwise, FC Barcelona is the owner or legitimate licensee of the intellectual property rights to all information, materials, functions and other contents included on the Platforms (hereinafter, the “Contents”). All trademarks, trade names, corporate identities, graphic design and user interface (look and feel), as well as the different elements that comprise the Services (texts, graphics, photographs, videos, recordings, source codes, logos, illustrations, etc.) are our property or the property of our transferors or transferees.

FC Barcelona does not grant the user any type of license or authorisation for personal use with regard to its intellectual and industrial property rights, or any other right related to the Services. Unless FC Barcelona grants its express consent in writing, no Content may be used by the user if it is not part of the Service, nor may they reproduce, broadcast, distribute, transform, or exploit the Contents in general in any way, via any procedure, either fully or partially.

FC Barcelona will operate the Services with a reasonable degree of professionalism and diligence. FC Barcelona will not make any other guarantees or grant any other securities regarding the Services.

The Club denies all liability that could result from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections while running the Services, which are caused by reasons unrelated to FC Barcelona.

Moreover, the Club denies all liability that could result from delayed or blocked operation of the Services caused by defects or overloads in the telephone lines or the Internet, as well as any damages caused by third parties through illegal intrusion beyond the control of FC Barcelona.

The Club reserves the right to temporarily, and without prior notice, suspend access to the Services in order to develop, maintain, repair, update or improve operations.

Within its Contents, FC Barcelona may include links to other websites and/or channels managed by third parties , with the goal of providing the user access to information available online. However, the Club is not responsible for the existence of links between third parties and other websites external to FC Barcelona. The links provided on the Club’s Platforms are intended for informative purposes for the user, and in no circumstance place the Club in a position of guarantor and/or provider of the services and/or information that might be offered to third parties by means of these links.

Therefore, FC Barcelona will not be held responsible for any of the services and/or information provided on other linked websites. The Club does not control nor does it monitor when a third-party link is included. The use of links to websites does not entail, under any circumstances, responsibility or ownership of the content contained therein, nor may it be understood that any changes made or information provided is monitored or approved. FC Barcelona advises visitors of such websites to check their possible legal terms and conditions.

Additionally, FC Barcelona is not liable for the damages that may be caused by: the functional nature, availability, accessibility or continuity of the linked sites; maintenance of the information, contents or services that exist on the linked sites; provision or communication of the information, contents or services that exist on the linked sites; the quality, legitimacy and reliability of the contents and services that exist on the linked sites; failure to comply with the law, morality and good practices as a consequence of disclosing, storing and making available the contents supplied by third parties; infringement of intellectual or industrial property rights, rights to honour, personal privacy, family privacy, personal image or the communication of personal information by third parties; development of acts of unfair competition and illegal advertising; and/or a lack of truthfulness, accuracy or relevance in the contents.

3. User account

The user is obliged to use the Services and Contents diligently, correctly and lawfully. In particular, the user will abstain from: (a) using the Contents for unlawful or immoral purposes, or for purposes that go against generally accepted good customs or public order; (b) reproducing or copying, distributing, permitting public access through any means of public communication, transforming or modifying the Contents, unless they have the express authorisation of the owner of the corresponding rights or it is legally permitted; and (c) deleting, evading or manipulating the copyright or other identification data. The user will use the Services and Contents in accordance with the law, with these Terms and Conditions of Use, and all other notices, usage regulations and instructions brought to their attention, as well as in accordance with generally accepted morals, good customs and public order.

The user will make diligent use of the identification data that allow registration and access to the Services and/or Contents, and they will keep said data confidential and store them properly, thereby considering the personal and confidential nature thereof. Therefore, the user will be liable for any failure to comply with obligations to protect their identification data. Additionally, the user will be liable if their identification data is improperly used by a third party and if the user fails to duly notify FC Barcelona of said use as soon as they have knowledge of it or suspect that it has occurred.

Carrying out any type of advertising or sales communication through spamming, whether directly or covertly and without due authorisation, is prohibited. The user will not insert programmes, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that could cause or be liable to cause any type of alteration to the computer systems of the Club or third parties.

The user will supply, maintain and update truthful, exact, relevant and complete information if requested from them during the registration process. The user will not pose as another person or entity, nor will they falsify their identity or affiliation with any other person or entity. The user recognises and accepts that we may take any steps necessary to verify the veracity of the information they provide.

We may suspend or cancel the user’s account and their ability to use the Services, or part of them, if they have posed as another person or entity, or falsified their identity in any way, if they infringe these Terms and Conditions or any special term related to a particular Service, if they fail to respect copyright, or for any other reason.

The user is exclusively responsible for any claims, legal or out-of-court actions initiated by third parties against FC Barcelona based on the user’s usage of the Services and/or Contents. If applicable, the user will be responsible for paying all expenses, legal costs and compensation imposed upon the Club due to such claims or legal actions.

4. Release from liability

The information, Services and Contents are offered “as is” and, therefore, FC Barcelona makes no warranties or representations in their regard. In particular, the Club does not warrant that the functions contained on the Services and/or Contents are exact, complete or updated, nor that they will be uninterrupted or free from errors. We do not warrant that errors will be corrected, nor that the Services, Platforms, servers, software or any other device offering said information and Contents are free from viruses or other harmful components. FC Barcelona does make any warranties or representations in relation to the use or the results of use of any information, content, material, product or service contained on the Services or offered by them, made available to the user via the Platforms or related to the Services in any other way, or any third-party site or service linked from any of the Platforms and/or Services, in terms of their accuracy, precision, entirety, reliability, security or any other aspect. Applicable law may not allow the exclusion of implied warranties, such that the aforementioned exclusion may not be applicable in certain cases. However, the foregoing does not affect the user’s legal rights as a consumer.

5. Responsibility of FC Barcelona

To the extent applicable according to pertinent legislation, FC Barcelona, the Club’s transferors and transferees, and its service providers are not responsible in any way for any loss, damage, costs or expenses resulting from the use made by the user of any software, application, device or any other material they have received in relation to their use of the Services. Similarly, FC Barcelona is not responsible in any way for any loss that is not a direct and foreseeable consequence of: (a) use of the Services or Contents, or the inability to use them; or (b) the behaviour or actions, whether online or offline, of any user of the Services or any other person or entity, even if we have been warned about the possibility of said damages.

In cases in which the user uses the site in relation to mobile services, we are not responsible for any Service failures, including if the user’s device (computer, mobile phone, tablet, etc.) is not compatible with the content requested, for any connection failure involving the user’s mobile device, or when an incorrect device number is supplied.

We may amend the Services or remove Contents, features or any Service supplied via the Platforms in any way, at any time, and for any reason or for no reason. The limitations, exclusions and exemptions in this section and any other section of these Terms and Conditions will apply whenever permitted by applicable law.

We will not be held responsible for any delay or breach of our obligations in accordance with these Terms and Conditions if said delay or breach is derived from any cause outside our control, including, among others, the actions of third parties, such as network providers. The foregoing does not affect the user’s legal rights as a consumer.

6. Amendments to these Terms and Conditions

FC Barcelona reserves the right, at its exclusive discretion, to change, amend, aggregate or remove any part of these Terms and Conditions at any time, whether temporarily or permanently, due to technical reasons, changes in how the Services are provided, regulatory changes, or, if applicable, strategic corporate decisions.

Whenever the Terms and Conditions are be replaced or amended, the changes will be published on the Platforms and/or will be communicated through them. Consequently, if the user continues to use the Services, it will be understood that they have accepted the changes made, unless the user’s express acceptance or consent must be requested in accordance with applicable regulations, in which case said acceptance or consent will be requested from the user by email. If the user does not agree to any permanent changes, they may cancel their account by following the procedure designed for this purpose.

The user will be responsible for keeping their personal information updated at all times in order to provide us with their current email address. In the event the user does not use or check the email account provided, or if, for any other reason, the aforementioned notification cannot be delivered to the user, FC Barcelona sending the notification by email will constitute, for all intents and purposes, effective notification of the changes, amendments, aggregations, or eliminations described in said notification.

7. Validity, termination and continuing effect

These Terms and Conditions will remain in force for the user until they are terminated at any time via the user cancelling their account and ceasing to use the Services, and destroying all material obtained from them, all related documentation, and all copies and facilities derived from the Services.

Moreover, FC Barcelona may terminate these Terms and Conditions immediately as far as a particular user is concerned (including their access to the Services) if they fail to comply with any of the provisions contained herein. Following termination, the user must cease to use the Services and destroy all material obtained from the Services, as well as all copies and facilities derived from them.

The provisions of these Terms and Conditions that, given their nature, continue to be applicable following termination of these Terms and Conditions will continue to be effective after said termination.

If any provision or provisions outlined in these Terms and Conditions is/are declared null, illegal or void, the validity, legality and effectiveness of the remaining provisions will remain in force and fully effective.

8. Specific conditions for the CULERS PREMIUM MEMBERSHIP subscription

8.1. Introduction: CULERS PREMIUM MEMBERSHIP is a personalised subscription service that grants the user access to exclusive benefits that are not available for the standard CULERS MEMBERSHIP registration method (access to Barça TV+, Membership identification card, preferential access to exclusive sales in FC Barcelona stores, discounts on tickets for FC Barcelona matches and the Club Museum, benefits from the Club’s official partners, preferential access to prize draws and competitions, etc.). A user who is subscribed to said Service will be subject to these specific conditions, as well as all other Terms and Conditions. Similarly, to be given access to Barça TV+, the subscribed user must expressly accept the Barça TV+ subscription contract when registering.
By clicking “accept and continue” or by using any other commonly used acceptance mechanism during the registration process, the user indicates they accept these specific conditions for the CULERS PREMIUM MEMBERSHIP subscription. If they do not accept these conditions they may not use the Services.

8.2. CULERS PREMIUM MEMBERSHIP subscription: The user must have a CULERS MEMBERSHIP (or register if they have not yet registered) and be over 18 years old in order to purchase and subscribe to the CULERS PREMIUM MEMBERSHIP service. Minors may only use the Service under the supervision and responsibility of an adult. Parents or legal guardians who allow minors to use the Service will be solely responsible for determining the Content and Services to which said minors have access.
The user is solely responsible for maintaining the confidentiality and security of their username and password, and for all activities and use of the Services that occur from and/or through their account or subscription. However, if the user allows a third party to access their account, the terms and conditions of this contract will apply to the access and use made of the Services by said third party. The user will immediately inform FC Barcelona of any unauthorised access to their account. The Club will not be responsible for any possible losses resulting from unauthorised use of the user’s account.

8.3. Subscription conditions:

a. Subscription and automatic renewal . The user’s subscription will be annual. The subscription chosen by the user will renew automatically at the end of the billing period, unless the user cancels their subscription in accordance with the cancellation instructions indicated later in this document. Payment will be charged using the payment method selected by the user when completing their subscription and at the start of each new billing period, unless the subscription is cancelled. FC Barcelona reserves the right to change its prices for the rates available. In this case, the Club will notify the user by email a minimum of thirty (30) days in advance of said changes coming into force. If the user does not wish to accept the change in price, they may cancel their subscription, and said cancellation will come into effect at the end of the billing period in progress. If the user does not cancel their subscription once the price change has come into force, their subscription will be renewed at the updated price, and it will be understood that the user authorises FC Barcelona to charge them the corresponding amount using the payment method selected.

b. Payment method. The user may pay for the rate using any of the payment methods offered by FC Barcelona on its website. The user will have sufficient funds available to pay the selected rate via the chosen payment method, and the user will be responsible for any amount that cannot be collected. If, for any reason, FC Barcelona cannot proceed to collect payment, the user will be informed and the Club may suspend access to the Services until the debt is collected via a valid payment method. The user may update the payment method associated with their account at any time by entering their user account.

c. Cancellation, refund policy, and waiver of the right to withdraw. The user may cancel their subscription at any time and they will continue to have access to the Service until the corresponding billing period comes to an end. The user may cancel their subscription through their personal account by following the cancellation instructions. Payments are non-refundable and we will not make any refunds or payments for Contents that have not been viewed. By agreeing to these Premium Conditions and, as said Service is linked to Barça TV+ access, the user accepts immediate provision of the Service and the immediate availability of the Contents. The user also accepts that they will not have the right to withdraw from the Services, pursuant to section 103 (m) of the General Law on Consumer and User Protection (Royal Decree 1/2007, of 16 November) once service provision has begun. If service provision has begun and the user no longer wishes to be bound by these Premium Conditions, they must terminate the contract in accordance with the provisions detailed later in this document. In the event of cancellation, the user will not be obliged to return their membership identification card/s.

d. Right to amend the contract. FC Barcelona reserves the right to amend these specific conditions for the CULERS PREMIUM MEMBERSHIP subscription (hereinafter, the “Premium Conditions”), with said amendments coming into force thirty (30) days from the date the corresponding notification is sent to the user. If the user does not agree with any amendment made to this contract, they may cancel their CULERS PREMIUM MEMBERSHIP subscription. However, certain aspects of the Service may vary at any time, where notification will not be required, for reasons related to technical developments, provided that they do not involve an increase in the price of the subscription, or an alteration to the quality or a significant modification to the functional nature of the Service.

e. Notifications. The notifications that FC Barcelona sends to the user will be sent via email to the last email address the user provided. The user will be responsible for keeping their personal information updated at all times in order to provide us with their current email address. In the event the user does not use or check the email account provided, or if, for any other reason, the aforementioned notification cannot be delivered to the user, FC Barcelona sending the notification by email will constitute, for all intents and purposes, effective notification of the changes, amendments, aggregations, or eliminations described in said notification.

8.4. Use of the Service:

The Service and all Contents are for the user’s personal use and, therefore, they may not be shared with individuals outside the user’s home, and they may not be marketed.
FC Barcelona will operate the Services with a reasonable degree of professionalism and diligence. FC Barcelona will not make any other guarantees or grant any other securities regarding the Services.

Certain CULERS PREMIUM MEMBERSHIP Services and Contents may not be available in all countries or territories. Therefore, FC Barcelona reserves the right to geographically restrict or limit the possibility to subscribe to the Services. Geographical restrictions will apply in accordance with the place from which the user has subscribed to the Services. We may use different technologies and methods to check your geographical location.

Additionally, access to the Service and Contents may not be available at certain times, including: (i) interferences, omissions, interruptions, computer viruses, telephonic breakdowns or disconnections in the operational nature of the Services due to reasons outside the control of FC Barcelona; (ii) power supply or server outages; (iii) periods for maintenance and updating; (iv) force majeure; (v) as a consequence of other issues beyond the control of FC Barcelona or third parties. The Club will not be held liable in any of these scenarios, unless they are the result of gross negligence or misconduct by the Club.

For further information about the Service and its options, the user can visit the customer service portal, which will be available on FC Barcelona’s official website.

9. Privacy policy

Your data will be processed in accordance with our Privacy Policy.

In any case, for further information on how your data is processed, as well as how to exercise your rights of access, rectification, erasure, objection, restriction or portability, you can send written communication to our Data Protection Officer at Calle Arístides Maillol, s/n, 08028, Barcelona (Spain), or send an email to proteccio.dades@fcbarcelona.cat.

If you have any questions or wish to make a complaint concerning how we process your personal data, you can contact our Data Protection Officer by emailing dpo@fcbarcelona.cat or by sending written communication to Calle Arístides Maillol, s/n, 08028, Barcelona (Spain), with the subject line “DPO”. If you do not receive a response within a reasonable time frame, you may file a complaint with the Spanish Data Protection Authority.

10. Governing law and jurisdiction

These Terms and Conditions will be governed and interpreted by the provisions laid out in the same, as well as by applicable Catalan, Spanish and international legislation. However, these Terms and Conditions will not limit any form of consumer protection to which the user has the right, pursuant to current legislation in their country of residence.

In the event that any disputes or discrepancies arise regarding the interpretation or application of these Terms and Conditions, the courts and tribunals that will hear the case, if applicable, will be those in the city of Barcelona (Spain). It is hereby recorded that the user consents and submits to the personal jurisdiction of said courts; none of this document’s provisions will prevent applicable legislation from being applied and observed. If the user decides to access the Services, they will do so of their own accord and they will be responsible for complying with all applicable legislation, including any local laws that apply.