CONDITIONS D'UTILISATION et POLITIQUE DE CONFIDENTIALITE sur www.motogp.com
This website, including any section and/or sub-section accessible through the homepage (henceforth referred to as “the Website”), is the property of, edited by and maintained by DORNA SPORTS, S.L. and/or any affiliated subsidiary (henceforth referred to as “DORNA”). Should you purchase any product or services through this Website, you may purchase them from DORNA SPORTS, S.L or from INTERNATIONAL EVENTS SERVICES, S.L.U. (“IES”) as established in the particular conditions that you will have to expressly accept before any purchase. READ CAREFULLY any PURCHASING POLICY before initiating any purchase.
We request that you bear in mind and take note upon accessing, browsing or utilising the Website, the User accepts the terms and conditions indicated in this document and any additional terms and conditions indicated in any part of the Website, without limits or reservations.
- 1. Any material presented in the Website including, but not limited to, audio, images, software, text and/or videoclips (henceforth referred to as “Content”) is protected according to the Intellectual Property Laws. The Content should not be used, apart from in the form specified in this document and/or in the “Purchasing Policies”, and it remains prohibited to eliminate references to copyright or commercial brands and any other corresponding references. Any unauthorised use of Content will be penalised.
- 2. DORNA is not responsible for any products or services offered, sold or provided by different parties other than DORNA.
- 3. The User is only authorised to use the Website for personal purposes. Therefore the User is always an end consumer and not a reseller or otherwise. Supply, exchange, modification, selling and transmission of any Content at which the User may have access through the Website for any purpose is not permitted, whether it be for free or paid.
- 4. Visiting the Website does not oblige the User to purchase or contract any product or service. However, User will be able to purchase products or services according to the “Purchasing Policies” for each product or service.
- 5. Through means of pay subscription to the Website, User may have access to audiovisual Content offered via the Website in Pay-Per-View form. If the user is accessing motogp.com video content through a mobile device, please note that the viewing experience may vary depending on the internet connection, device and/or OS. If the user is experiencing problems viewing certain features on motogp.com on iPhone, iPad or other mobile devices we suggest using a computer/laptop. Please note some of the archive material published prior to 2009 might not be available for iOS devices.
- 6. DORNA offers links to other websites solely for the convenience of visitors, and is not responsible for the content of any page accessed through the Website. The existence of links to any other page from the Website does not mean that DORNA approves of, subscribes to or recommends said page. DORNA is not responsible for any content from third parties and does not give any warranty, explicit or implicit, in relation to the accuracy, legality, exactitude or validity of any other page. DORNA is not responsible for any product and/or offered by or purchased from different parties other than DORNA.
- 7. When purchasing products or services, unless the URL states clearly that you are still in the Website, you have been transferred temporarily to another webpage whose company is responsible for the functioning and the relationship you establish with them, and DORNA and its subsidiaries (such as DWW or IES) shall never be liable or responsible for any act or interaction between you and such other company.
- 8. The payment platform that you will be transferred to when paying any product or other service offered directly by DORNA, DWW or IES, is another URL operated by another company. Such company is liable to any data you submit to them, being credit card data or any other payment requirement. Please check the URL and the name of the company for the transaction and be aware that the charges for the tickets or other services may occasionally appear with the name of such payment platform instead of INTERNATIONAL EVENTS SERVICES, S.L.U. or DORNA SPORTS, S.L.
- 9. The User recognises and accepts that access to the Website may suffer interruptions, and that in certain moment access to specific or all Contents may not be available.
- 10. If the User is able to access “chat” or download/upload Contents, then upon using any of these areas the User commits itself not to send, transmit, upload or publish through this means content that may be contrary to the law, morality or public order, as well as threatening in any form or interfering with the use of the Website by another User, including DORNA.
- 11. The User recognises and accepts that DORNA is not responsible for Content from third parties, or for any cases of defamation, error, inaccuracy, slander, obscenity or blasphemy included in such communication. DORNA, in cases in which they have knowledge of such matters, will be able to modify, edit or delete any material used or conversations deemed illegal, indecent, obscene or offensive, or that violate DORNA policy in any form. DORNA will fully cooperate with any law-upholding authorities or judicial orders that solicit the identity of whom ever publishes such material.
- 12. Any communication or material that the User sends to the Website, including details, questions, comments, ideas, suggestions or similar, will be considered non-confidential information by DORNA and that is in the public domain. Such communication may be used by DORNA or its affiliates for any purpose, including but not limited to reproduction, disclosure, publication, retransmission and forwarding. Likewise, the User recognises and accepts that DORNA will be free to use (without restriction, time limit or compensation to the User) in any way and for any purpose, any ideas, concepts or techniques included or derived from any User-Website correspondence.
- 13. The User acknowledges and recognises that transmissions through the Internet are never totally private and secure, unless indicated to the contrary. Sending a message to DORNA does not imply that DORNA has special responsibility as regards the User. In the moment that the User accesses pages or sections in which the existence of security control is specified (as in the case of a bank transfer) the security of the data’s being sent will be established by set conditions.
- 14. DORNA gives no warranty that the Website will be error-free, uninterrupted or that the use of the Website and/or the Content, search or link on the Website will provide specific result. The Website and the Content are delivered on an “as-is” and “as-available” basis.
- 15. In the same way DORNA gives no warranty with respect to the merchantability and/or fitness of the Website and/or the Content for a particular purpose. DORNA and or its affiliates will not be liable for any damages of any kind arising from the use of the Website, including without limitation direct, indirect, incidental and punitive and consequential damages.
- 16. DORNA assumes no responsibility, including but not limited to, negligence on the side of DORNA, for any loss or damage caused to computers or software deriving from use of the Website, or from the downloading of material, data, text, images, audio or video from the Website, whether it be caused by a virus or any other form.
- 17. DORNA disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Website. DORNA is not responsible for the products, services, actions or failure to act of any Event venue, performer, promoter or other third party in connection with or referenced on this Website.
- 18. DORNA, including its affiliated companies, will not be liable to the user for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profits, even if such damage was reasonably foreseeable and/or even if DORNA has advised of the possibility of such damages.
- 19. The user agrees to indemnify and hold DORNA, including its affiliated companies and its employees, officers and/or partners, harmless from any liability, loss, claim or demand, including attorney fees, arising out of the User’s use of the Website, including without limitation any uploading of content and/or comments and/or posting of links
- 20. The present Terms and Conditions of Use, and any other additional conditions published on the Website, constitute a full agreement between DORNA and the User in relation to the use of the Website, and are applicable to the relationship between the buyer and DORNA’s affiliates if the User acquires any service or product through the Website. If DORNA or any of its affiliates delays or fails to enforce any of these Terms and Conditions it shall not mean that DORNA or any of its affiliates has waived its right to do so. If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply. Nothing in these Terms and Conditions and no action taken by the User, DORNA or any of its affiliates under this Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between the parties beyond the contractual relationship established under these Terms and Conditions.
- 21. The User is obliged to comply with any additional conditions indicated on the Website, likewise any conditions able to be modified in accordance with necessary through a change in law. DORNA will be permitted to modify in whole or in part the present Terms and Conditions Of Use at any given moment, at it sole discretion and without prior notice to the User. Continuing to use the Website after such changes have been published indicates an acceptance of said changes. DORNA, attending to the general interest of MotoGP, reserves the right to modify, cancel, alter replace, change, interrupt or suspend any Content published on the Website, be it temporary or permanent, without prior notification or assuming any responsibility.
- 22. Force Majeure. For the purpose of these Terms and Conditions, “Force Majeure” means any cause beyond the control of one of the parties including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, electricity black-out, network or server failure, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, actions taken by the police, acts or regulations of national or local governments. DORNA and its affiliated companies will not be liable to the User for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure.
- 23. DORNA is entitled to assign any right and obligation under these Terms and Conditions provided that the User’s rights are not adversely affected.
- 24. The present Terms and Conditions Of Use are governed and subject to Spanish law, without reference to legal norms, and in the case of a dispute the User it will be submitted to the jurisdiction of the Courts of Madrid, Spain. If any dispute arises out of these Terms and Conditions, DORNA or any of its affiliates will attempt to settle it. To this end DORNA shall use the reasonable endeavours to consult, negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties.
- 25. Visiting the Website does not oblige the User to submit any information of a personal nature. However, the User is aware of and accepts that, in order to receive or access certain services or products, subscription to the Website is necessary. This procedure involves the notification of certain personal data, and in said case the User recognises that the subjection of any information of a personal nature remains subject to:
- a. In compliance with the Spanish L.O. 15/1999, 13th December, Data Protection Act, in accordance with the Directive 95/46/CE, of the European Parliament and Council, dated as of October 24th 1995, any personal data given will be stored in a personal data file pertaining to DORNA. The User expressly grants their consent to the incorporation of said data in said file and their use for the ends henceforth mentioned.
- b. The User accepts that DORNA registers the data file so that it can be used in the manner here indicated. This permission may be withdrawn only subject to request from the User. Notwithstanding the aforesaid, DORNA may keep the data file until any actions that may arise from the relations between the parties have prescribed. The requested data is appropriate, relevant and not excessive in relation to the final means for which it shall be used, including any particular product or service required by the User from DORNA or any of its affiliates as supplier of said services or products.
- c. The understanding that data of a personal nature given by the User will be supplied freely and consciously, and will be used as a means of contact for information related to promotional and publicity actions by the FIM Road Racing World Championship Grand Prix, commonly known as MotoGP, that may be of interest according to the User’s subscription. This information will be sent through any media, including but not limited to email and other systems such as SMS and MMS (if a mobile telephone number is given) or any other system known or hereafter devised.
- d. The User expressly recognises and accepts that DORNA utilises the collected information for the following purposes: the technical administration of the Website, the investigation and development for the purpose of obtaining and maintaining a high level of service and for the occasional information of clients (related to the benefits and features of the membership), personalising the Content seen by the User, to carry out the sending of requested information, products and/or services, and in order to contact the User in relation to special themes such as new products/services. Unless the User expressly declines it, by changing their emails preferences on its profile, DORNA will use his/her personal identification information to keep the User periodically informed with daily newsletter, special tickets offers, VideoPass related information and offers, partners information and offers, merchandising discounts and of other information and offers related to the Championships and/or other competitions organised by DORNA.
- e. The User expressly recognises and accepts that DORNA may send the data provided by the User to third companies for commercial and/or promotional purposes, either for DORNA or for such third companies. DORNA will require to the receiving parties of User’s information to treat such information complying with the relevant applicable law, giving to the User any needed information in order for the User to be able to exercise its access, correction and cancellation rights if User should wish to exercise them.
- f. The User holds the right to access said data, to correct it if the data are incorrect and/or to request the cancellation of the aforementioned file. This right can be exercised by contacting DORNA through the email feature “Contact Us” or through letter addressed to: Narcis Monturiol 2, 08960 Sant Just Desvern (Barcelona) SPAIN.
- g. When proceeding with the collection of details, the voluntary or obligatory nature of such data will be clearly indicated. Declining to supply data considered obligatory will lead to the rejection of accessing the service for which they are required.
- h. In the event the User provides the Website with personal data of any third party (which is not a user of the Website), the User shall be the only responsible of: (i) informing such third party of the purpose of the collection of his/her personal data; (ii) obtaining the consent from such third party; and (iii) informing the third party of its rights of access, rectification, cancellation and/or opposition of its personal data by contacting DORNA SPORTS, SL as mentioned in this Terms and Conditions. In any and all events, the User shall maintain DORNA, IES or any affiliated subsidiary, harmless from any dispute arising from the said data collection and consequently, of the keeping of such data.
- 26. To contact with the right holder of the domain name motogp.com you may send and e-mail to email@example.com, or by post mail to DORNA SPORTS, S.L. with domicile in Spain Principe de Vergara 183, Madrid 28002. The VAT number of DORNA is ES-B-84.760.800. The relevant registration of the domain name within the Mercantil Register in Madrid is the following: Tomo 18985, Libro 0, Folio 44, Sección 8M with registering date at 8th October, 2004.
© DORNA 2012. ALL RIGHTS RESERVED