These general terms and conditions (hereinafter the "Terms and Conditions") govern the relationship between the users of the website www.live.aapolo.com (hereinafter the "Users") and the Argentine Polo Association, owner of the site "aapolo.com" (hereinafter the ORGANIZATION and the website will be indistinctly referred to as the "Site").
1. Description of the Site
1.1. The Site contains information about the event called Triple Crown (hereinafter, "TRIPLE CROWN") and information about the teams participating which can be accessed by all Users browsing the Site.
1.2. Through the Site Users may access and use audiovisual content such as videos, images and sound. In some cases, the material will be hosted on third party sites.
1.3. Users may acquire their access to the digital content of the Event, as defined in clause 5 of these Terms and Conditions (hereinafter, the "Tickets") through the Site. The Tickets will have the following modalities:
2.1. Any interested party may freely browse the Site and view its audiovisual and informational content without registering (hereinafter the "Visiting User"). However, the Visiting User may not access exclusive content of the Site.
2.2. The User who wishes to access exclusive material about the Event must register following the procedure detailed in these Terms and Conditions (hereinafter, the "Registered User").
2.3. In order to navigate the Site, all Users must know and accept the Terms and Conditions and comply with all of the provisions contained therein.
2.4. The rights and obligations regulated below, and in which reference is made generically to the Users shall be understood to refer to Visiting Users and/or Registered Users as the case may be and in the context.
3. Capacity of the Users
Only those who, in accordance with the legislation in force in their place of residence, have legal capacity to contract, may access and use the Site.
4. Registration procedure. Purchase of Tickets
4.1. The User who wants access to exclusive material on the Triple Crown must register in order to verify their identity and contact information. No registration is required to purchase Tickets.
4.2. The User declares and guarantees that all the information provided for the purposes of registration is true and complete and undertakes to keep it updated. In this regard, the User agrees to hold the Site harmless and free and exempt from any liability for any penalty and / or claim and / or damage and / or injury that may arise as a result of a breach of the above statement and warranty.
4.3. The User will define the access credentials, consisting of a combination of username and password, which will allow him/her to access the Site (hereinafter the Access Credentials). The Access Credentials are personal and non-transferable, and the User must prevent third parties from accessing them, and it is understood that any action carried out on the Site by means of the Access Credentials will be charged to the User. If the User notices that his Access Credentials have lost their confidential nature and/or are being used by third parties, he must immediately inform the Site by sending an e-mail to the following address: firstname.lastname@example.org
4.4. The User may purchase Tickets, for which purpose he must choose a means of payment from those provided on the Site. The processing of the payment is external to the Site and will depend on the means of payment chosen by the User, as well as the security validations in relation to that means of payment. The Site will confirm the purchase based on the information provided by the payment method chosen by the User. The Site does not assume responsibility for the operation of the payment method chosen by the User and is not part of the relationship between the User and this payment method.
4.5. The Site may reject any registration request or cancel a previously accepted registration if it considers that the User has violated any of these Terms and Conditions, without this creating any right for the benefit of the User.
4.6. The Site will use the information provided by the User in order to allow the User to use the Site and access the contents of the Event, if applicable, as well as to send the User -as long as the User has authorized it- information of interest related to the Event.
5. The Event
5.1. TRIPLE CROWN is the digital version of the polo tournament that will take place during October 2020 until December approximately (hereinafter, the "Event").
5.2. The Event will be transmitted via streaming through the Site.
5.3. Only Registered Users who have purchased Tickets for the Event may access the Event, and may do so under the terms and conditions provided for each type of Ticket in clause 1.3.
5.4. The main moments of the Event, at the discretion of the Site, will be available on the Site for a period of up to 30 (thirty) days after the Event, for access by Users who have purchased Tickets.
5.5. The reproduction, storage, recording and/or transmission and/or retransmission of the Event by any means, including, without limitation, software that allows the capture and/or recording of screens, as well as external recording or filming devices, is absolutely prohibited. Nor may the Users carry out streaming of the contents of the Event through their own or third party channels.
6. Technical conditions
6.1. To access and use the Site, a device with a Google Chrome, Internet Explorer, Firefox and Safari web browser, up to the latest versions available and an Internet connection with a speed described in point 6.3. is required, depending on the type of content.
6.2. To access the Event the User must have a stable Internet connection with sufficient speed to view streaming content in high quality. The User understands that if he does not have this, or in case his connection suffers interruptions or micro cuts, this could affect his ability to view the Event and/or the quality of the display of the Event.
6.3. The availability of content in high definition (HD), ultra high definition (UH) and high dynamic range (HDR) depends on your internet service and the device in use. Not all content is available in all formats, such as HD, Ultra HD or HDR. The default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 3 Mb/s. However, we recommend a faster connection to improve video quality. A download speed of at least 5 Mb/s per stream is recommended to receive HD content (defined as 720p resolution or higher). A download speed of at least 25 Mb/s per stream is recommended to receive Ultra HD content (defined as a resolution of 1080p or higher) and HDR content. The time it takes to start viewing event content will vary depending on a number of factors, including where you are located, the bandwidth available at the time, the content you have selected, and whether your device is set up correctly for the Event.
INTERNET SPEED REQUIRED BY CONTENT TYPE
0.5 megabits per second: required broadband connection speed
1.5 megabits per second: recommended broadband connection speed
3 megabits per second: recommended speed for SD quality
5 megabits per second: recommended speed for HD quality
25 megabits per second: recommended speed for Ultra HD quality
The 2D Content of the Site and the Event can be viewed with the following browsers up to their latest available versions: Google Chrome, Internet Explorer, Firefox and Safari. The VR or 360° content of the Site and/or the Event will be compatible with all browsers that allow playback on players with MPEG-DASH coding.
6.4. The access to the Site and/or the purchase of a Ticket does not include the Internet connection facilities that will be at the exclusive account and charge of each User.
6.5. The technical requirements may be updated by the Site at any time.
7.1. The Site complies with all the principles and obligations set forth in the Personal Data Protection Law No. 25,326 and supplementary regulations (hereinafter, the "Personal Data Protection Regulations"). In particular, the Site undertakes not to use and/or disclose to third parties the User's personal data -except with the User's consent or within any of the legal exceptions for obtaining such consent-, and to comply with the principles of quality, purpose, confidentiality and security of the Personal Data Protection Regulations.
7.2. The Site undertakes to take all necessary precautions to ensure the security of the User's personal data, including the prevention of unauthorized or unlawful processing, accidental loss, destruction or damage to such personal data. Likewise, the Site undertakes to adopt all necessary measures to ensure that any person having access to the User's personal data gives them the treatment detailed in this clause.
7.3. The Site may share the personal data of the Users with the sponsors of the Event only for advertising purposes in the terms and with the provisions set forth in Article 27 of Law No. 25,326.
7.4. The Site shall not automatically collect the User's personal data. The Site may only collect in an automated way dissociated and statistical information about the use of the Site by the Users.
7.5. The Site contains cookies. Cookies are small data stored in the User's browser that are used only to improve the experience of interaction with the Site. Users may delete or disable cookies from their browser settings, but this may prevent them from accessing some sections of the Site or modifying their experience with the Site.
7.6. The personal data collection forms on the Site contain the provisions required by the Personal Data Protection Regulations, in particular with regard to informed consent. The owner of the personal data is responsible for the truthfulness and accuracy of the information provided in them, and assumes the responsibility of keeping this information updated. The Site may use specific validation measures in the forms to verify that (i) they are not completed in an automated way and without direct and immediate intervention of the User and (ii) the User meets the requirements or has the necessary qualities to register and/or provide the required personal data.
7.7. Under no circumstances will the Site automatically collect or require the User to provide sensitive data.
7.8. The Site will keep the collected information while the relationship with the User is in force, and for the term of 3 (three) years thereafter, only for accounting and/or legal purposes.
7.9. If the User wishes to exercise the right to access, rectify, delete or update his/her personal data, he/she must send an e-mail to the Site. The communication should be sent to the email address email@example.com and will be considered received only if the Site responds to such email confirming receipt. In the event that the User is unable to send an e-mail under the terms indicated, he/she may send a communication to firstname.lastname@example.org.
7.10. The Agency of Access to Public Information, in its capacity as Control Organ of Law No. 25.326, has the attribution to attend the complaints and claims that are interposed by those who are affected in their rights for noncompliance with the regulations in force regarding the protection of personal data.
8. Notifications and communications
8.1. For the purposes of Users contacting the Site, communications addressed to the email address email@example.com will be considered valid. Notifications sent by email will be considered received only if the Site responds to the email confirming receipt.
8.2. Notifications and communications sent by the Site to the e-mail address reported by the Registered User will be considered effective and fully valid. It will also be considered effective communications consisting of notices and messages inserted in the Site, which are intended to inform users about certain circumstances.
9. Intellectual Property
9.1. All content on the Site is the exclusive property of the Site and/or third parties who have granted the rights to the Site. By way of illustration, the content shall include images, videos, photographs, designs, graphics, sounds, data compilations, trademarks, names, titles, designations, distinctive signs, and all other material accessible through the Site (hereinafter the "Content").
9.2. The Site reserves all rights in the Content, does not assign or transfer in favor of the User any rights in its intellectual property. Consequently, its reproduction, distribution, and/or modification must be expressly authorized by the Site, under penalty of being considered an illicit activity in violation of the intellectual property rights of the Site.
9.3. The intellectual property rights with respect to the criteria for selection and/or arrangement of the Content on the Site belong exclusively to the Site, and the User is strictly prohibited from using the Content, categories and/or any information on the Site for any purpose other than that provided for in the Terms and Conditions.
9.4. Under no circumstances may the User download the content of the Site. The Site reserves all rights in the Content, and does not assign or transfer in favor of Users any rights in their intellectual property. The improper use and total or partial reproduction of the above-mentioned content is prohibited.
9.5. No authorized use of the Content implies the power of the authorized to distort, modify or alter it in any way. Any activity of automatic collection of information from the Site (including but not limited to web scrapping) will be considered a violation of these Terms and Conditions.
9.6. All intellectual property rights of the Event belong to the Site and/or to third parties with whom the Site has entered into appropriate licensing agreements.
9.7. The Triple Crown brands and other brands that may be exhibited in the Event, as well as their logos, are the exclusive property of their owners and may not be used by the Users.
10. Links to other sites
10.2. The Site is not responsible for the unavailability of such external sites, nor does it review, control or endorse any content, advertising, products or other materials available or accessible through such third party sites.
10.3. Access to the contents of third party sites is subject to compliance with the terms and conditions governing such third party sites.
11. Procedure for complaints of identity theft and/or violation of intellectual property rights and/or trademarks of third parties
11.1. Identity Theft
11.1.1. If a User considers that another User has illegitimately used his or her personal data, he or she must make the corresponding report to the e-mail firstname.lastname@example.org.
11.1.2. Within 10 (ten) days of receiving the complaint, the Site will analyze it and, if necessary, require the complaining user to provide additional information it deems necessary.
11.1.3. Users agree that in case of being reported for identity theft, while the analysis of the report lasts, the Site may temporarily suspend access to your account.
11.1.4. If the Site considers that an illegitimate use of personal data has been verified, it may cancel the account of the reported User.
11.2. Intellectual property and / or trademarks
11.2.1. If a User considers that any content violates his intellectual property rights and/or has used a brand illegally, he must make the corresponding report to the e-mail email@example.com.
11.2.2. Within 10 (ten) hours of receiving the complaint, the Site will analyze it and if necessary, require the complaining User the additional information it deems necessary.
11.2.3. In the event that the Site verifies the illegality reported may remove the content.
12.1. The administration of the User Access Credentials is under your exclusive charge and responsibility.
12.2. The Site shall make its best efforts to prevent situations of illegitimate use of personal data of third parties from occurring.
In no case shall the Site be liable for loss of profit, loss of data, loss of chance, moral damage, physical damage or any other mediate and/or causal consequence, punitive damages or of any other nature.
12.4. The Site will not be responsible for malfunctioning, impossibility of access or bad conditions of use of the Site due to the use of inadequate equipment, interruptions related to Internet service providers, saturation of the Internet network and/or for any other reason.
12.5. Except for fraud on the Site determined by a final court decision of competent court, the amount to be paid by the Site as compensation of any kind for damages caused to the user and / or third parties for the use of the platform may not exceed the price of the ticket purchased. /
13. Management and control over the Site
13.1. Reserved powers/
13.1.1. The Site reserves all powers of control and direction over the Contents. It may therefore make all changes and modifications it deems appropriate at its sole discretion, may add, alter, replace or delete any of the services or content of the Site at any time as well as stop sending exclusive content to Registered Users at any time and at its sole discretion.
13.1.2. In particular, the Site reserves the right to monitor, edit, delete partially or totally, any activity and/or Content. This power is based on the management powers that the Site has, and its exercise is not subject to any justification or cause, and in all cases this exercise is reserved at the discretion and will of the Site.
13.1.3. The Site may amend these Terms and Conditions at any time, it being understood that the changes will be effective as of their publication. /
14. Use of the Site
Users must use the Site in accordance with the provisions set forth in these Terms and Conditions and with the instructions contained in the Site; with the legal system to which they are subject by reason of the place, the persons, or the matter in question, considered as a whole; and according to the standards of conduct imposed by morality, good customs and due respect for the rights of others.
15. Prohibited use of the Site
15.1. It is strictly forbidden to use the Site and/or the Contents with the purpose of harming the rights of third parties or contravening the legal order, as well as any activity that constitutes an offensive practice to morals and good customs.
15.2. In particular, it will be considered as prohibited use any activity that:
Is offensive to the very personal rights of individuals, with special reference to the right to honor, dignity, privacy, to not be subject to discriminatory treatment, to health, to image, and to the free expression of ideas; with absolute independence of the legal body where such rights acquire recognition.
Infringe the intellectual property rights of others.
Possess inappropriate content.
Is intended to violate the security and / or normal operation of the platform or third parties.
Induce, instigate or promote criminal, illegal, dysfunctional or morally reprehensible actions, or constitute a violation of intellectual property rights of third parties.
Incorporates any form of advertising or commercial purpose.
Has the purpose of collecting information from third parties in order to send them advertising or propaganda of any kind or species.
15.3. Control measures
Without prejudice to the legal actions that arise in the head of the Site or third parties, when the use of the Site, carried out by a User can be referred to as a prohibited use, the Site will take the measures it considers appropriate in its sole discretion, and may suspend or prevent access to the Site, and without any prior notice.
16. Termination of access
The Site may, at its sole discretion, temporarily or permanently suspend the account of a Registered User, without prior notice to the same, and without the need to invoke any cause, in which case all information related to the account will be deleted.
17.1. Evidence emanating from records of the Site, whatever the medium of such records may be (including but not limited to electronic, magnetic, optical, etc.) shall constitute sufficient and conclusive evidence of the acts and operations performed by the User or the Site for the purpose of resolving any dispute that may arise.
17.2. In the event of a contradiction between the evidence emanating from the records of the Site and the evidence emanating from the records of the User, the evidence emanating from the records of the Site shall prevail.
17.3. The faith of the records of the Site will subsist until the time when, by final judicial decision of the competent court, is declared judicially false.
17.4. If the Site is unable to comply with its obligations under these Terms and Conditions due to any cause of force majeure, including but not limited to natural disasters, general power outages, lockouts, pandemic, strikes or regulatory provisions of mandatory compliance, the Site shall not be considered in default while the event of force majeure lasts.
18. Applicable Law and Jurisdiction
18.1. For all legal purposes in relation to the Site, the legislation in force in the Argentine Republic shall be applicable.
18.2. Any dispute arising between the parties in relation to these Terms and Conditions, their existence, validity, qualification, interpretation, scope, compliance or resolution, shall be subject to the jurisdiction and exclusive competence of the ordinary courts in commercial matters sitting in the Autonomous City of Buenos Aires.