April 22nd 2024
This WebbAp (https://play.themessiexperience.com) as well as for the photobooth accessible at Project Location, which offers you the possibility to take photos of yourself as part of the Project ("Photobooth") for the purpose of The Messi Experience ("Project") held at the Hangar at Regatta Harbour Coconut Grove 3385 Pan American Drive Miami, FL, 33133 ("Project Location") (collectively the "WebbAp" is operated by Primo Entertainment LLC.("OPERATOR", "we", "us", "our"). The following terms of use (the "Terms of Use") govern the use of the WebbAp.
Please read the Terms of Use carefully before using the WebbAp. If you do not agree to these Terms of Use, please leave the WebbAp immediately.
If you are under 18, you declare that you have the authorization of a parent or legal guardian to use the WebbAp. Ask them to read these Terms of Use with you.
If you are the parent or legal guardian of a user under the age of 18, by authorizing your child to use the WebbAp, you agree to be bound by the Terms of Use and assume responsibility for your child's activity on the WebbAp.
By using the WebbAp, you agree to these Terms of Use. OPERATOR reserves the right, at its sole discretion, to change, modify, delete or otherwise alter parts of these Terms of Use at any time and without prior notice. Any such changes, modifications, deletions or alterations will take effect immediately after their publication on the WebbAp.
Please take note of the date of the last update of these Terms of Use at the top of the page.
Your continued use of the WebbAp constitutes your acceptance of all these terms, conditions, and notices.
All content on this WebbAp, whether in written, visual, binary, auditory or other any kind of form whatsoever, including but not limited to design, text, images, arts, graphics, photos, videos, drawings, music, sounds, trademarks, applications, software or information ("Content") is the property of OPERATOR or the property of third parties who granted the necessary rights to the OPERATOR. The Content is protected by the applicable intellectual property laws, (notably the Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code, or by any other provision of any other relevant law, in the United States and abroad. It is illegal to reproduce, modify, download, publish, copy, display, post, exhibit, share or otherwise distribute this content in whole or in part and, likewise, to exploit it, notably by contributing to its sale or transfer, or by creating works from it.
OPERATOR makes the Content available for the users strictly and solely for personal use. We ask that you respect the rights of the artists and their representatives under the copyright law in the United States of America and under Canadian copyright law.
All materials on this WebbAp which are owned by another entity have been made available for use on this WebbAp with the knowledge and consent of the respective intellectual property right owner(s). By accessing this WebbAp, you undertake and agree to the terms herein with respect to the laws that govern copyright and trademarks.
OPERATOR shall grant no license other than that stated above and retains all of its intellectual property rights over the content of this WebbAp.
OPERATOR grants you a limited, revocable, non-exclusive and non-transferable licence to access and use the WebbAp for personal use only, but does not permit you to download, copy, modify or alter any part of the WebbAp. This licence does not allow any commercial or derivative use of the WebbAp and/or its Content. Any unauthorized use of the WebbAp requires OPERATOR written consent.
As such, it is strictly forbidden to copy, modify, adapt, reproduce, republished, transferred, transmitted, uploaded, stored in a retrieval system or distribute in any way, or create derivative works from the Content, as well as to create or sell products derived from the Content or use the Content in any other way without the prior authorization of its respective rightsholder.
Any modification or use of the Content other than what is authorized herein shall constitute a violation of these Terms of Use. Unauthorized use of the Content may result in penalties being imposed according to the laws of the United Sates of America.
Your use of the WebbAp and access thereto does not grant you any license or rights to any Content, including without limitation trademarks or commercial names belonging to OPERATOR.
All the Content in this WebbAp is provided "AS IS" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to the applicable law, OPERATOR disclaims all warranties, express or implied, including but not limited to any representations regarding functionality or condition of this WebbAp and/Content, its suitability for use, or that its use will be uninterrupted or error-free, defects, the absence of viruses or other harmful components, non-infringement or the correctness, accuracy, quality or reliability of the Content herein. OPERATOR reserves the right in its sole discretion, to modify or update this WebbAp and the disclaimers and Terms of Use herein at any time.
OPERATOR shall not be responsible in any way for the user’s usage of the WebbAp on any devices using 3g or 4g Internet data consumption or anything of the same nature. The user hereby acknowledges and agrees that it shall be solely responsible for its Internet data consumption and therefore the user agree to use its Internet data consumption at its own risk.
OPERATOR is not responsible in any way for the content of third parties on the WebbAp, whether displayed by OPERATOR or by third parties. OPERATOR does not control this content and cannot be held liable if it is prejudicial, inaccurate, offensive, threatening, defamatory, illegal or otherwise objectionable.
You acknowledge and agree that OPERATOR may incorporate certain elements created by artificial intelligence obtained via various artificial intelligence platforms ("AI Elements") in the WebbAp and/or the experience. You acknowledge that AI Elements may involve certain risks, uncertainties and unpredictability.
The WebbAp may contain hyperlinks to other WebbAps controlled by third parties. OPERATOR shall in no way be held responsible for any content accessible through these hyperlinks and does not guarantee the accuracy of the information found on these linked WebbAps. If you access the WebbAp of a third party using this WebbAp as an intermediary, you do so at your own risk and in no way hold OPERATOR responsible.
Furthermore, under no circumstances may a third party imply that OPERATOR is associated with or is endorsing third party, its site or its products. Third-party sites that link to this WebbAp must not contain any content that may be construed as distasteful, offensive or controversial and should contain content that is appropriate for all age groups. OPERATOR may withdraw a third party’s right to link at any time in its sole discretion.
Under no circumstances, including but not limited to, negligence, shall OPERATOR be liable for any direct or indirect damages that result from the use of, or the inability to use, the Content in this WebbAp, even if OPERATOR or an authorized representative has been advised of the possibility of such damages.
Users must take reasonable precautions to ensure computers or mobile devices are virus free and that they retain a backup of their files before attempting to download any material off the WebbAp. OPERATOR notes that the WebbAp may include inaccuracies or typographical errors from time to time. OPERATOR reserves the right in its sole discretion to modify or update these Terms of Use and related disclaimers at its convenience.
You agree to indemnify and hold harmless the OPERATOR, its employees, officers, agents, affiliates, assignees, third party partners, and subsidiaries from any claim or demand, including any costs, payments, losses, loss of profits, or other damages, direct or indirect, monetary or otherwise, incurred by OPERATOR, third party partners and its employees, officers, agents, affiliates and subsidiaries, made by a third party by reason of or resulting from your use of the WebbAp and the Content, your violation of any of these Terms of Use, or your infringement of the rights of another person or entity.
These Term of Use will terminate, without notice from OPERATOR if, in our sole discretion, user fails to comply with any term or provision hereof. Upon termination, users must destroy all materials obtained from this WebbAp and any and all copies thereof, if any, whether made under the terms of these Term of Use or otherwise.
These Terms of Use shall be governed by and construed in accordance with the law of the State of Florida as applicable notwithstanding any conflict of laws provision. If any provision shall be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from these Term of Use and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the use of this WebbAp and shall not be modified except by OPERATOR from time to time as set out above.
August 22nd 2024
We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”).This Privacy Policy applies to the webapp accessible at the link (URL) (the “WebApp”) as well as for the photobooth accessible at Project Location, which offers you the possibility to take photos of yourself as part of the Project ("Photobooth") for the purpose of The Messi Experience (‘’Project’’) held at the Hangar at Regatta Harbour Coconut Grove 3385 Pan American Drive Miami, FL, 33133 (“Project Location’’).This Policy describes the types of information we may collect from you or that you may provide in the context of the Project (“Personal Information”) in the WebApp, the Photobooth (WebApp and Photobooth collectively “Mobile Application”) and any of its related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.
This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Primo Entertainment LLC (“Operator”, “we”, “us” or “our”). If you are entering into this Policy on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Policy, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Policy, you must not accept this Policy and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
If you are under 18, you declare that you have the authorization of a parent or legal guardian to use the Mobile Application and the Services. Ask them to read this Policy with you. If you are the parent or legal guardian of a user under the age of 18, by authorizing your child to use the Services, you agree to be bound by the Policy and assume responsibility for your child's activity with regard to the Mobile Application and the Services.
If you do not consent to OPERATOR’s practices regarding the collection, use, communication, disclosure, and processing of Personal Information as set out in this Policy, please do not provide us with your Personal Information and do not use the Mobile Application and the Services.
When you use the Mobile Application and the Services our servers automatically record information that your device sends. This data may include information such as your device’s IP address and location, device name and version, operating system type and version, language preferences, information you search for in the Mobile Application, access times and dates, and other statistics.
Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage of the Mobile Application and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system.
You can access and use the Mobile Application and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered in the Mobile Application, you may be asked to provide certain Personal Information (for example, your name and e-mail address).
We receive and store any information you knowingly provide to us when you create an account, or fill any forms in the Mobile Application. When required, this information may include the following:
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features in the Mobile Application. Users who are uncertain about what information is mandatory are welcome to contact us.
We recognize the need to provide further privacy protections with respect to Personal Information we may collect from children under the age of 13 and take many special precautions to protect their privacy. We may require a child to disclose some Personal Information to use the Mobile Application and Services. However, we do not require a child to disclose more information than is reasonably necessary to use the Mobile Application and Services and Personal Information will not be used or disclosed for purposes other than those for which it was collected. All of the information created or submitted by a child is set to private by default, meaning only the User who submitted it may view it.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Mobile Application and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission. We believe parents and legal guardians should be involved in the online activities of their children and suggest that parents do their best to provide their children with a safe and friendly online environment.
We act as a data controller and a data processor when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.
Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Mobile Application and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information.
We act in the capacity of a data processor in situations when you submit Personal Information through the Mobile Application and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller.
In order to make the Mobile Application and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
Processing your Personal Information depends on how you interact with the Mobile Application and Services, where you are located in the world and if one of the following applies: (a) you have given your consent for one or more specific purposes; (b) provision of information is necessary for the performance of this Policy with you and/or for any pre-contractual obligations thereof; (c) processing is necessary for compliance with a legal obligation to which you are subject; (d) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (e) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Mobile Application and Services.
Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Mobile Application and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so on the settings page of your account in the Mobile Application.
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our trusted subsidiaries and joint venture partners, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Mobile Application and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.
Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes.
We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and your Personal Information will likely be among the assets transferred.
We will retain and use your Personal Information for the period necessary to enforce our Policy, resolve disputes, and unless a longer retention period is required or permitted by law up to a maximum of 6 months.
We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
Out of respect for your privacy, we have implemented additional measures to comply with the obligations and rights associated with the collection of Personal Information as dictated by the laws governing the regions of our users.
Disclosures for residents of Canada
Disclosures for residents of the USA
If you are a resident of California, Colorado, Connecticut, Delaware, Iowa, Maryland, Utah, or Virginia, you have certain rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. This supplemental section, together with other relevant sections of the Policy, provides information about your rights and how to exercise them under the California Consumer Privacy Act and the California Privacy Rights Act (collectively, “CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CDPA”), the Delaware Online Privacy and Protection Act (“DOPPA”), the Iowa Consumer Data Protection Act (“ICDPA”), the Maryland Personal Information Protection Act (“PIPA”), the Utah Consumer Privacy Act (“UCPA”), the Virginia Consumer Data Protection Act (“VCDPA”), and and any and all regulations arising therefrom. Unless otherwise expressly stated, all terms in this section have the same meaning as defined in the related state laws.
As described in this Policy in the information collection section above, we have collected the categories of Personal Information listed below in the past twelve (12) months:
In addition to the rights as explained in this Policy, if you provide Personal Information as defined in the statute to obtain Services for personal, family, or household use, you have the right to submit requests related to your Personal Information once a calendar year. Note that there are circumstances when we may not be able to comply with your request such as when we are not be able to verify your request or we may find that providing a full response conflicts with other legal obligations or regulatory requirements. You will be notified if it’s the case.
You have the right to request that the Personal Information to be delivered in a format that is both portable and easily usable, as long as it is technically possible to do so.
To exercise any of your rights, simply contact us using the details below. After we receive and verify your request, we will process it to the extent possible within our capabilities.
Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.
You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.
Our Mobile Application and Services may use third-party analytics tools that use cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on User activity such as how often Users visit our Mobile Application and Services, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our Mobile Application and Services. We do not use third-party analytics tools to track or to collect any personally identifiable information of our Users and we will not associate any information gathered from the statistical reports with any individual User.
You have the right to choose not to have your Personal Information sold or dislcosed by contacting us. Upon receiving and verifying your request, we will cease the sale and disclosure of your Personal Information. Be aware, however, that opting out of data transfers to our third parties might affect our ability to provide certain Services you have signed up for. We reserve the right to reject opt-out requests in certain situations as permitted by the CCPA, such as when the sale of Personal Information is required for us to fulfill legal or contractual duties
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.
We offer push notifications to which you may also voluntarily subscribe at any time. To make sure push notifications reach the correct devices, we rely on a device token unique to your device which is issued by the operating system of your device. While it is possible to access a list of device tokens, they will not reveal your identity, your unique device ID, or your contact information to us. We will maintain the information sent via e-mail in accordance with applicable laws and regulations. If, at any time, you wish to stop receiving push notifications, simply adjust your device settings accordingly.
We may engage in affiliate marketing and have affiliate links present on the Mobile Application and Services for the purpose of being able to offer you related or additional products and services. If you click on an affiliate link, a cookie will be placed on your browser to track any sales for purposes of commissions.
The Mobile Application and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Mobile Application and Services and to read the privacy statements of each and every resource that may collect Personal Information.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.
Therefore, while we strive to protect your Personal Information, you acknowledge that (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and the Mobile Application and Services cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.
In the event we become aware that the security of the Mobile Application and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice in the Mobile Application, send you an email, mail you a letter.
We reserve the right to modify this Policy or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Mobile Application and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Mobile Application and Services.
If you have any other questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:
Personal Information Officer: Nicholas Thompson
Phone: 7862926001
Mailing address: 120 NW25, CP 33127
Email: [email protected]
By Internet: www.themessiexperience.com
We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws.