TERMS AND CONDITIONS (AC37)

Introduction

Welcome to the official website of the America’s Cup — www.americascup.com (“Website”). These terms of use explain the terms that apply to your use of this Website. 

In compliance with the Protocol Governing the 37th America’s Cup, AC37 Event Limited is the owner of the Website domain. However, due to the 37th America’s Cup being held in Spain, the management of the Website for the 37th American’s Cup has been entrusted to ACE Barcelona, S.L. 

The Website also serves as the main platform for communication and interaction with audience members, volunteers and media professionals. For this reason, on some occasions, other entities involved in the organisation of the 37th American’s Cup (such as ACE Legacy Association) may also use the Website to gather personal data from those interested in participating in the event. 

If you would like to contact us in relation to these terms and conditions or our Website, please email us at the details set out in the Contact Us section below.

In these Website Terms:

• our and we means AC37 Event Limited; and
• you means any user of our Website.

Application and Acceptance of Terms

Access to and use of the Website is subject to:

• the terms of use set out below;
• any specific terms that are notified to you on the Website; 
• our Privacy Policy (available at https://www.americascup.com/en/legal/advice);
• our Cookies Policy (available at https://www.americascup.com/legal/cookies); and
• such other applicable terms and conditions which may be brought to your attention from time to time in relation to additional services provide through the Website;

each as amended from time to time (together the “Website Terms”). 

Please read the Website Terms carefully before you visit our Website. 

By accessing and using our Website you acknowledge that you have read, understood and agreed to be bound by these Website Terms. 

If you do not agree to any part of the Website Terms, you must not use, our Website.

Updates

We may update the Website Terms (or any part of them) at any time by posting an updated version on our Website. The updated version of these Website Terms will take effect immediately upon such notice. We may also take additional steps to bring the changes to your attention, including by notifying you directly. Please ensure that you review the Website Terms regularly to take notice of any updates, as they will be binding to you.

We may change the format, content and/or functionality of any part of our Website at any time by posting changes on the Website.

Use of our Website

You must not use our Website:

1. for posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
2. in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Website by any person;
3. for posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation;
4. for posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
5. to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website;
6. the use of any kind of scraping technique is strictly prohibited;
7. to transmit or re-circulate any material obtained from the Website to any third party;
8. for any commercial purpose (unless otherwise expressly authorised in writing by us);
9. in such a way so as to remove the copyright or trademark notice(s) from any copies of any material made in accordance with these Website Terms; 
10. with the intention to circumvent or manipulate the intended functionality, particularly (but without limitation) to gain an unfair and/or unauthorised access to private areas, by any technological, automated or manual processes,
11. to damage or disrupt the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or
12. in any way that might bring us, or our sponsors, or the America’s Cup into disrepute.

Media Accreditation

Please consult the legal texts applicable to the section of the website designated for Media Accreditation. 

Newsletter subscription

Certain sections of our website offer users the chance to subscribe to a robust news and updates communication system. 

This subscription ensures that you are kept informed about the latest developments related to event organization, participating teams, and regatta details. If you decide to subscribe, we will periodically send you communications via email. 

However, it's important to note that you have the option to opt out of receiving these communications and unsubscribe from the news service at any time. This can be done through the link provided at the end of each communication or by sending an email to unsubscribe@americascup.com.

Intellectual Property Rights

We own or have obtained a valid licence to use all copyright, trademarks and other intellectual property rights used on our Website and all such intellectual property rights will remain solely with us and/or our licensors (as the case may be).  You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way, whether in hard copy or electronic or any other form, except for a single copy for your own personal, non-commercial use.

You must not adapt, alter or create a derivative work from any content from the Website except for your own personal, non-commercial use.

Any other type of use of our Website, or content on our Website, requires our express prior written agreement.

Information provided on our Website

The information provided on or in our Website is intended for information purposes and for recreational, non-commercial purposes only. Whilst every effort has been taken to ensure the accuracy of the information on the Website, we do not guarantee that any information provided on our Website is accurate, complete, up to date or suitable for your intended use.

Security

Security of your personal information and use of our Website is very important to us. 

We will take reasonable technical and organisational precautions to protect our Website and information that we hold. However, due to the inherent nature of the internet, we are not able to guarantee that the Website will be secure from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms in order to safely access the Website, including using your own up-to-date virus protection software.

Additionally, be aware that, where the Website provides you with links to other websites and resources provided by third parties, these links are provided for your information only, therefore, we have no control over the content of those websites. 

Exclusion of our liability

To the extent permitted by law:

• the Website is provided on an “as is” and “as available” basis and any warranties, representations, conditions, undertakings and terms, whether express or implied, are expressly excluded; and
• in no event will we be liable to you, or any third party, under contract, tort (including negligence) or otherwise, under or in connection with these Website Terms for your access to, use of, inability to use or reliance on our Website or any information contained in or accessed through our Website.

You acknowledge that access to our Website is provided at no charge and accordingly the exclusions of liability set out in this clause are fair and reasonable.

Personal data protection

In order to obtain a better understanding of our processing of personal data, we recommend you to review our privacy policy at the following link: https://www.americascup.com/en/legal/advice]

Third party websites

Our Website may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party.  Third party websites may have different terms of use and Privacy Policies, which you should review before using the third party website.

You may only establish a link to the Website on the condition that such link accurately reflects the image and reputation of the America’s Cup and is in no way unfair, misleading, defamatory or otherwise risks damaging the reputation of, or taking advantage of, the good name and goodwill of the America’s Cup.

No link to the Website should be established in a way that suggests any form of association, approval or endorsement on the part of America’s Cup. 

If you link our Website to your website, you must remove the link at our request.

Use of cookies

Like other commercial websites, the Website uses cookies and other similar technologies. Please, for detailed information on the use of cookies see the Cookie Policy.

Applicable Law

If any provision of these Website Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect.  Our failure to exercise any right will not be deemed a waiver of that right or any other rights that we may have.

In these Terms (a) headings are for convenience only and do not affect interpretation; (b) a reference to a statute includes all regulations under and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated; (c) a word importing the singular includes the plural and vice versa; (d) a reference to a party to these Terms includes that party’s successors and permitted assigns and substitutes; (e) “including” (and similar expressions) will be construed as “including, without limitation”; and (f) the singular includes the plural and vice versa.

Under section 3 of the Spanish Act on Services of the Information Society and Electronic Commerce, the information society services provided by us via the Website will be governed by the laws of Spain. 

Therefore, Spanish legislation will be applicable to all legal issues that may involve the present Website or any disputes involving between its users and us.

Contact Us

We welcome your questions and comments. Please feel free to contact us:

AC37 Event Limited 56 Brigham Streett, Auckland, (1010) New Zealand Spanish VAT ID: N0241832E Registered in New Zealand, Company Number 8224675	ACE Barcelona, S.L. Calle Moll De Barcelona S/n 5. WTD BARCELONA E. ESTE. 08039, Barcelona (Barcelona). España VAT ID: B10622967 Registered in Barcelona Mercantile Registry, sheet B-579644, folio 173, Companies Book no. 48310.
Email address: info@americascup.com

These Website Terms were last updated on 1 August 2024.