General Conditions of Use of Olyseum
1 - Purpose
Olyseum, S.A. (hereinafter, “Olyseum SA”) operates a platform accessible via www.olyseum.com (hereinafter, the “Platform”) by means of computer and mobile devices enabling its users to take part in the sporting social network known as Olyseum.
To this effect, the Platform offers previously registered users (hereinafter, the “Members” or, individually, the “Member”) the option of employing certain features to share and comment on sports news and make exclusive contact with stars from the sporting world, as well as to buy certain products known as “Experiences” online (hereinafter, the above shall be referred to as the “Service”). The Service shall be accessible free of charge, with the exception of the Experiences, which may only be acquired in accordance with the additional sales conditions and the corresponding particular conditions applicable to each Experience.
Certain aspects resulting from the use of the Service may be governed by additional conditions. For example, the above includes online purchases of Experiences; in such cases Olyseum SA shall make any applicable additional conditions available to Members and Members shall have the opportunity to accept said additional conditions. In the event of any discrepancy between the additional conditions and these General Conditions of Use, the additional conditions shall prevail.
2 - Acceptance of the general conditions of use
We kindly request users to carefully read the General Conditions of Use, inasmuch as the filling in and sending of the registration form provided by Olyseum SA on the Platform (hereinafter, the “Registration Form”) entails full and unreserved acceptance of the General Conditions of Use. To this effect, before a Registration Form can be sent, the User shall be required to electronically accept the General Conditions of Use.
Consequently, upon accessing the Platform and registering prior to its use in accordance with the categories envisaged in article 1 of these General Conditions of Use, the Member declares that he/she has read these General Conditions of Use and undertakes to unreservedly comply with them.
Users should not use the Service in the event that they do not agree with the Terms and Conditions.
3 - Mandatory user registration
1 - Requirements to become a member of Olyseum
To become a user of the Service (hereinafter, collectively, the “Members” and, individually, the “Member”), users declare and guarantee that:
- In the case of natural persons, they are over 16 years old; or
- In the case of companies, organisations, governments and other legal entities, the natural person who performs the registration has the due authorisation to do so.
2 - Mandatory registration to access and use the Service
Users acquire the status of Member once the Contract of Adherence to Olyseum has been formalised and the provisions of this clause have been complied with.
For the purposes of the provisions of the current Swiss legislation on consumer protection regarding contracting in the digital world and commerce, Olyseum SA hereby informs users that the procedures to sign the Contract and, therefore, to become a Member are, consecutively, the following:
- Email registration:
(a) The user must select the “Sign up” option displayed on the Platform’s home page.
(b) To process the Registration Form, the user must provide the required information, i.e. an email address and a password, and select the “Log in” option displayed below the Registration Form.
(d) Once the Registration Form has been processed, the user shall receive an electronic confirmation message at the email address provided, by means of which the user must confirm that it is his/her email address by selecting the option provided by Olyseum, SA.
(f) Once the email address has been confirmed, Olyseum SA shall send a further message confirming the Member’s adherence to Olyseum and the Contract of Adherence to Olyseum shall be deemed to have been formalised.
- Facebook registration:
(a) The user must select the “Log in” option displayed on the Platform’s home page and, immediately afterwards, select the “Login with Facebook” option, which shall redirect the user to a Facebook interface on which the user shall be able to determine which data Olyseum SA may have access to.
(b) In the event that the user allows Olyseum SA to access his/her email address, he/she shall receive an electronic confirmation message at the email address provided, by means of which the user must confirm that it is his/her email address by selecting the option provided by Olyseum SA. Once the email address has been confirmed, Olyseum SA shall send a further message confirming the Member’s adherence to Olyseum and the Contract of Adherence to Olyseum shall be deemed to have been formalised.
Without detriment to the above, in the event that the user does not allow Olyseum SA to access his/her email address, the Contract of Adherence to Olyseum shall be deemed to have been formalised upon the completion of the process initiated with the “Continue with Facebook” option.
The data entered by the user to register as a Member must be exact, current and real, and false data shall therefore not be accepted. In the event that the Member provides false, inaccurate, outdated or incomplete data, Olyseum SA shall have the right to suspend or cancel the Contract of Adherence to Olyseum and his/her account, as well as to prevent access to all or part of the Service in the future, under the conditions established in clause 12 of these General Conditions of Use.
If the natural or legal person who performs the registration does not act on his/her own behalf, said person undertakes to act on behalf of a natural or legal person who complies with the above conditions, either through legal representation or by an express mandate for the formalisation of the Contract of Adherence to Olyseum, as well as all the rights and obligations entailed by the above. Said person must also have been authorised to disclose the information necessary for the use of the Service.
In the event that the Member violates the applicable legislation, including criminal law, or any designed to protect the rights of a third party, or if his/her conduct harms the interests of any person, including Olyseum SA, or the use of the Service by another Member, Olyseum SA shall have the right to suspend or cancel the Contract of Adherence to Olyseum and his/her account, without prior notice, and prevent access to all or part of the Service in the future under the conditions established in clause 12 of these General Conditions of Use.
3 - Member account and password
Once the Contract of Adherence to Olyseum has been formalised, Olyseum SA shall establish the email address as the username or, if applicable, the name of the Facebook account.
The password chosen by the Member during the registration process provides access to the Service and is therefore confidential. As a result, the Member is solely responsible for said password. If the Member detects that someone has used it without his/her approval, he/she should immediately inform Olyseum SA.
In any event, whatever is done following access with the Member’s password or the Member’s Facebook account shall be recorded as done by said Member, as a result of which the Member shall be solely responsible for the spaces visited and the actions performed. Olyseum SA therefore advises Members to duly safeguard their passwords and not disclose them or provide them to any third party.
4 - Typologies of Members
Olyseum has two types of Members: firstly, Members regarded as Fans and, secondly, Members regarded as the Community.
In order to use the Platform and the Service, Members regarded as Fans shall be subject to the provisions of these General Conditions of Use, as well as the provisions of the Terms and Conditions.
In addition, in order to use the Platform and the Service, Members regarded as the Community must formalise the specific contract that Olyseum SA establishes in this regard; therefore, Members regarded as the Community shall not be governed by these General Conditions of Use.
4 - Use of the platform
Members must use the Platform and the Service in accordance with the provisions of the law, morals, public order and the Terms and Conditions.
Similarly, during the use of the Platform and the Service Members shall have the opportunity to use certain features and acquire Experiences which may be subject to additional conditions, in which case Olyseum SA shall provide Members with any applicable additional conditions and, as appropriate, Members shall have the opportunity to accept said additional conditions. In the event of any discrepancy between the additional conditions and these General Conditions of Use, the additional conditions shall prevail.
Generally speaking, Members must use the Service properly and not for the purpose of conducting unlawful activities or any constituting a crime, violating the rights of other persons or entities or infringing any applicable legal provisions.
Among other obligations, Members undertake:
- To truthfully provide Olyseum SA with their email address and any other personal details required;
- Not to use a false identity to deceive others;
- To use the Platform and the Service in a fair manner, in accordance with the applicable Swiss legislation currently in force;
- Not to publish, post, transmit or provide third parties with links, photographs, videos, other kinds of content of a violent, racist, xenophobic or pornographic nature, content condoning terrorism and content which violates human rights or may create distress within the Olyseum community.
- Not to publish, post, transmit or provide third parties with links, photographs and videos which violate the rights of privacy, honour and/or the image of third parties. If they are also minors, their parents must have granted their consent with regard to the image rights;
- Not to publish, post, transmit or provide third parties with links, photographs, videos and content which violate intellectual and industrial rights and other rights;
- Not to send spam or advertising unless the Member is authorised to do so by Olyseum SA;
- Not to divert or attempt to divert any feature of the Platform from its normal use, as outlined in these General Conditions of Use;
- Not to use, in order to browse the Platform and the Service, any robot software or any other equivalent automated process or tool; and
- Not to disclose any data, information or content which has the effect of diminishing, interrupting or preventing the normal use of the Platform or interrupting and/or diminishing the normal flow of communication between the Members.
In the event that a Member does not comply with one or more of these rules, Olyseum SA reserves the right to (i) unilaterally suspend and/or cancel the duly formalised Contract of Adherence to Olyseum, (ii) block the account(s) of the Members in question, (iii) automatically remove the messages subject to litigation, and/or (iv) block Members’ access to all or part of the Service on a temporary or permanent basis and without compensation, in accordance with the provisions of article 12 of these General Conditions of Use.
Members may inform Olyseum SA of any behaviour or content on the Platform which is manifestly contrary to the above rules, outlining it and reporting its location on the Platform in as accurate a manner as possible, by sending an email to email@example.com.
5 - Rewards programme
Olyseum SA has established a rewards programme by means of which, at its sole discretion, the entity can reward Members upon the basis on their participation in the Olyseum community. Members therefore accept that Olyseum’s decision in relation to any reward shall be definitive and binding.
Members can find more information regarding the rewards programme here.
Olyseum may modify or eliminate the rewards system, at its sole discretion, when it deems it appropriate to do so.
6 - Intellectual property
- Definition of the term “content”:
The term “content” refers to all the content comprising the Platform and the Service, regarding as such the source code, the design and the browsing structure of the Platform, as well as the distinctive signs, texts, photographs and videos displayed here.
- Rights and legal positions regarding content provided by Olyseum SA:
The content published and provided by Olyseum SA is subject to copyright, trademark rights, image rights and other rights and legal positions with a similar economic content whose ownership corresponds to Olyseum SA or third parties which have granted it the corresponding licences and authorisations. Thus, access to this Platform does not confer any ownership or right of use with regard to the above-mentioned content (by means of its reproduction, distribution, public disclosure, provision to the public or transformation), unless Olyseum SA or the third-party holders of the rights and legal positions in question authorise the above, either by indicating it or expressly permitting it with respect to specific content or by means of the granting of licences and written authorisations for said purposes. As a result, Olyseum SA reserves the right to use watermarks, technological devices and other security means to permit online tracking and monitoring of unauthorised uses of said content. In any event, Olyseum SA reserves the right to initiate the corresponding legal proceedings against users who infringe said copyright, trademark rights, image rights and other rights and legal positions with a similar economic content.
- License of use of the Platform and the Service:
Olyseum SA grants Members a non-exclusive, personal and non-transferable licence to use the Platform and the Service, as well as the data thereof, strictly on a personal basis, in accordance with these General Conditions of Use and, in particular, in accordance with the purpose of the Platform and the Service (hereinafter. the “Licence”). Any other exploitation or use of the Platform and the Service, their content and, in particular, the data they contain are expressly excluded from the scope of this Licence and may only be carried out once prior written authorisation has been obtained from Olyseum SA. In particular, any extraction or reuse by Members beyond the normal use of the Platform, the data contained on the Platform and/or the Service is strictly forbidden, and said extraction or reuse is subject to the prior written authorisation of Olyseum SA.
- Rights and legal positions regarding content provided by Members:
In accordance with the provisions of article 4 of these Conditions of Use, Members may not post, publish, transmit or in any other way (including by setting up links) provide parties with content which violates intellectual and industrial property rights and any other rights and positions regarding similar content of third parties. Furthermore, when a Member shares content he/she owns with Olyseum SA, the former grants Olyseum SA a non-exclusive and free licence of use of said content, in such a way that it can be disclosed, made available to the public and exploited by Olyseum SA or by third parties designated by Olyseum SA throughout the world, without any restrictions in terms of time or the means that Olyseum SA and said third parties deem appropriate. Similarly, when publishing their data, information and/or content on the Platform, each Member accepts that they shall be disclosed on the Platform and made accessible to other Members.
7 - Links provided by Olyseum
The Service may include technical link devices, directories and search tools that enable Members to access other websites and digital world portals (hereinafter, “Linked Sites”).
Members acknowledge and agree that access to the Linked Sites shall be entirely at their own risk and under their responsibility and they exonerate Olyseum SA from any liability regarding possible violations of the rights and legal positions of third parties. Similarly, they exonerate Olyseum SA from any liability with regard to the technical availability of the pages and linked portals, as well as the quality, reliability, accuracy and/or truthfulness of the services, information, elements and/or content they may access.
If Members consider that there is a Linked Site with unlawful or inappropriate content, they can inform Olyseum SA, without this notification entailing any obligation to remove said link.
8 - Notifications of violation of rights
Olyseum SA shall provide any person who considers that Members have violated his/her rights or legal positions with a procedure for notification, removal and replacement. Therefore, if someone considers that a Member has published a post that may offend somebody, violate his/her rights or break any law, he/she should notify Olyseum SA and, if this is the case, Olyseum SA may proceed to its removal.
The procedure for sending said notifications is established here.
9 - Members comments on Olyseum
Olyseum SA appreciates the opinions of its Members with a view to improve the functioning of the Olyseum community. When Members decide to send comments, ideas and remarks, they accept that Olyseum SA is free to use their contributions without restrictions or any kind of remuneration. By accepting said comments, Olyseum SA does not waive any right to use similar comments, others known by this entity or others created by its employees, or any obtained from other sources that do not include the Member who has made the comment in question.
10 - Processing of personal data
11 - Exclusions and limitation of liability
- Liability of members:
Members shall use the Service at their own risk.
All the devices and computer programmes required to access the Platform and use the Service fall under Members’ sole liability. It is therefore the responsibility of the Members to take all the appropriate and necessary measures to protect their own data, computer systems and/or computer programmes from contamination by potential viruses.
Members are solely responsible for the use they make of the Service and the Platform and, more generally, for any use or operation performed via their accounts.
Olyseum SA provides intermediary services to its Members and is therefore under no obligation to supervise what they post, publish, transmit or in any other way make available to others, including the setting up of links and performing active searches of events and circumstances indicating unlawful activities or behaviour by Members. Members are therefore solely responsible for their actions as far as Olyseum SA and/or any other third parties are concerned.
Members undertake to abide by any measures implemented by Olyseum SA in application of the current legislation.
- Liability of Olyseum SA:
Members understand and agree that Olyseum SA cannot be held liable for damages of any nature resulting from:
- The use that Members make of the Services;
- The status, origin, potential inaccuracy or potential falseness of the data, information and content provided by Members through the Service;
- Members’ violations of the rights and legal positions of third parties;
- Members performing acts of unfair competition and unlawful advertising;
- Members’ potential losses of data, information and/or content owing to causes not attributable to the Service or the Platform;
- The unavailability, errors, access failures and lack of continuity of the Service or the Platform;
- Faults and incidents that may occur during any communication, its deletion and incomplete transmissions;
- The non-operability of the email addresses provided by Members and problems with them;
- Damages to any computer system, losses of data or any other damage caused by access to or use of the Service or the Platform;
- Any product or service promoted or offered by third parties in the Service or through the latter or on any linked website, or any which appear on a poster or advertising on the Platform; and
- The links provided by Olyseum SA in accordance with the provisions of article 8 of these General Conditions of Use.
Olyseum SA may, on a temporary or definitive basis, interrupt access to the Platform and the Service, particularly in the event that the latter interrupts its commercial activity or in the event of the company’s liquidation; in said cases the Contract of Adherence to Olyseum shall be fully cancelled.
Olyseum SA reserves the right, at any time and without prior notice, to modify any information on the Platform and the Service when updating or correcting errors and inaccuracies.
Provided that it does not contravene the provisions of the applicable legislation, in the event that Olyseum SA is held liable for any damages not envisaged in this article, the liability of Olyseum SA shall be limited to certain real and specific damages.
12 - Validity and cancellation
The Contract of Adherence to Olyseum has an indefinite duration from the moment of the formalisation of said contract in accordance with the provisions of article 3 of these General Conditions of Use.
- Cancellation by Olyseum SA:
Olyseum SA may suspend or cancel Members’ accounts or cease providing all or part of the Service at any time and for any reason, such as when Olyseum SA considers that:
- A Member has violated the Terms and Conditions;
- A Member creates a risk or potential legal exposure for Olyseum SA; or
- A Member may damage the reputation of the Service provided on the Platform.
Similarly, Olyseum SA may cancel Members’ accounts in the event that the entity interrupts its commercial activity or in the event of the liquidation of Olyseum SA.
Olyseum SA reserves the right to deny its Members access to the Service or to cancel their registrations if they do not comply with the Terms and Conditions, as well as the right to remove their content without prior notice when they contravene the Terms and Conditions. Olyseum SA also reserves the right to take the appropriate legal action as a result of any infringements that Members may commit, including suing for damages in accordance with the legislation applicable at any given time.
In the event of the suspension of Members’ accounts, Olyseum SA shall notify the Members of said suspension by email, requesting that they refrain from the breach in question. Once the period of 15 days from the date of the notification has come to an end, Olyseum SA may automatically cancel the Contract of Adherence to Olyseum without any formal procedure and the Member shall be subject to any damages that Olyseum SA may claim as compensation.
In the event of the cancellation of Members’ accounts, Olyseum SA shall attempt to inform the Members of said cancellation via the email addresses associated with their accounts or when they attempt to access their accounts.
- Cancellation by a Member:
Members may cancel the Contract of Adherence to Olyseum whenever they wish and for any reason by means of the following de-registration procedure:
The Member must send an email to firstname.lastname@example.org from an email address verified by Olyseum. The Member shall then receive an electronic confirmation message at this address. The Member should confirm that he/she wishes to definitively and irrevocably proceed to cancel the Contract of Adherence by selecting the option provided for said purpose by Olyseum SA. Once the cancellation has been confirmed, Olyseum SA shall send a further message confirming cancellation of the contract and the Contract of Adherence to Olyseum shall then be deemed to have been cancelled.
13 - Partial nullity
If any of the provisions of the Terms and Conditions are declared null and void as a result of a firm decision issued by a competent authority, the other Terms and Conditions shall remain in force and shall not be affected by said declaration of nullity.
14 - Ammendments
The Terms and Conditions may be amended by Olyseum SA. It is the responsibility of Members to read them regularly, as the Terms and Conditions in force at the time of their access to the Platform and use of the Service shall be those which are applicable.
The amended Terms and Conditions shall enter into force upon the moment of their publication and shall be automatically applied.
15 - Claims and other correspondence
Members may submit their claims and enter into any other correspondence by writing to email@example.com.
Similarly, Members may submit their claims to ...
16 - Assignment of the contract of adherence to Olyseum
Members expressly accept in advance that Olyseum SA may assign or transfer in any way (including by means of the sale of assets) all or part of their rights and obligations under the Contract of Adherence to Olyseum duly formalised by the Member and Olyseum SA to any entity capable of providing Members with an equivalent Service.
In such a case the assignee shall replace Olyseum SA and the latter shall be released from all its obligations to Members as of the date of the assignment. Members expressly acknowledge that the assignee shall become their Service provider as of that date.
17 - Applicable legislation
These General Conditions of Use shall be governed by the laws of the Swiss Confederation and are subject to the non-exclusive jurisdiction of the Swiss courts. Notwithstanding the above, nothing contained in this clause shall affect the rights conferred upon Members by the current legislation.
Last update: 22 February 2019