Fédération Internationale de Football Association (FIFA)
The Fédération Internationale de Football Association (“FIFA”, “We”, “Our”) is pleased to provide you its website www.fifa.com ("FIFA Website") and the FIFA Application (the “FIFA App”) (together hereinafter referred to as “FIFA Digital Platforms”), including any services, content and software (“Services”), subject to the following Terms of Service and any documents referred to in them ("Terms").
1. ACCEPTANCE OF TERMS
1.1 By accessing, downloading, installing, or using the FIFA Digital Platforms, whether or not you become a registered user ("User", "You", “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and understood.
1.2 We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at http://www.fifa.com/legal/tos.html on a regular basis to keep Yourself informed of any changes.
1.3 By using the FIFA Digital Platforms, You agree that the posting of new or revised Terms on or within the FIFA Digital Platforms shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the FIFA Digital Platforms after any such changes or after explicitly accepting the new Terms upon logging into the FIFA Digital Platforms shall constitute Your acceptance of such changes.
1.4 The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. To the extent that there is any inconsistency between the Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.
2. YOUR REGISTRATION OBLIGATIONS
2.1 Certain areas of the FIFA Digital Platforms require registration (“Restricted Areas”). By registering, You represent and warrant that: (i) You are eligible for an account as set forth in these Terms; and (ii) the information You include as part of the registration process is accurate and not misleading. Accounts may be obtained and used only by: (i) individuals who are at least eighteen (18) years old or of legal age in their country of residence if such age exceeds eighteen (18); (ii) those individuals whose registration has been authorised either by their parents or legal guardian if they are below the legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the FIFA Digital Platforms.
2.2 In respect of Your use of these Restricted Areas, You agree to: (i) provide true, accurate, current and complete information about Yourself as prompted by the registration form ("Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide, or FIFA has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or FIFA otherwise reasonably considers that You have failed to comply with any provisions of these Terms, FIFA has the right to suspend or terminate Your account and refuse You access to any and all current or future use of the FIFA Digital Platforms (or any portion thereof).
2.4 You may not access or use the FIFA App if you do not comply with the Google Terms or Apple Terms. These Terms shall prevail in case of contradiction with the Google Terms or Apple Terms.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
3.1 You will receive a password and account designation upon completing any registration process (as described in Sections 2.1 and 2.2). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password and account.
3.2 You agree to: (i) immediately notify FIFA of any unauthorized use of Your password or account and any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. FIFA cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.
4. SUPERVISING CHILDREN
FIFA is concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, parents / guardians who wish to allow their children access to the FIFA Digital Platforms must review and accept these Terms and assist such children with the setting up of any relevant accounts and supervise the child’s access to the FIFA Digital Platforms. By allowing Your child access to the FIFA Digital Platforms you agree to be bound by these terms, he or she will be able to access all of the FIFA Digital Platforms, which may now or in the future include public and private communication tools as well as other features that may not be appropriate for use by unsupervised children. Please remember that the FIFA Digital Platforms are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is Your responsibility to determine whether any of the FIFA Digital Platforms and/or information, data, text, software, music, sound, photographs, graphics, video, messages, feeds offered through the FIFA Digital Platforms (“FIFA feeds”), application programming interface (“FIFA API”), and any other material on the FIFA Digital Platforms ("Content") are appropriate for Your child. You remain responsible and liable for all acts of Your child.
The FIFA Digital Platforms include Content: (i) provided by FIFA (“FIFA Content”); (ii) Content that is uploaded, posted, submitted or otherwise transmitted by Users of the FIFA Digital Platforms (“User Submissions”); and Content that is uploaded, posted, submitted or otherwise transmitted (iii) by third parties (“Third Party Content”).
(i) FIFA Content
5.1 All FIFA Content, including FIFA feeds, is owned by, or licensed to, FIFA. FIFA Content is provided to You “AS IS” and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than their access and usage on the FIFA Digital Platforms. For that sole and exclusive purpose, FIFA grants to You a limited, revocable, non-exclusive license to access and use the FIFA Digital Platforms privately for non-commercial purposes, in accordance with these Terms.
(ii) User Submissions
5.2 You retain all rights in any User Submission that You provide to the FIFA Digital Platforms. You shall be solely responsible for Your own User Submissions and the consequences of uploading them. Please also refer to Our FIFA.com Club Rules at http://www.fifa.com/theclub/rules.html, which form an integral part of these Terms.
5.3 The FIFA Digital Platforms provide in some cases unfiltered access to User Submissions. You understand and agree that FIFA only acts as a platform for such User Submissions and that We have no liability related to such content posted on the FIFA Digital Platforms, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. FIFA cannot, nor does it undertake any obligation to control User Submissions. By their very nature, User Submissions on the FIFA Digital Platforms are changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively mislabeled. FIFA does not make any representation or warranty, express or implied, as to User Submissions.
5.4 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libellous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programmes that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You in particular represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use their name or likeness.
5.5 You grant to FIFA an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the FIFA Digital Platforms or FIFA's (and its successor's) business, including, without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the FIFA Digital Platforms a non-exclusive license to access and use Your User Submissions through the FIFA Digital Platforms.
5.6 You understand and agree that FIFA has no obligation to post any User Submission from You or anyone else. In addition, FIFA may, in its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the FIFA Digital Platforms without notice if, in its opinion, such User Submission infringes another's intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, FIFA reserves the right to determine the final design, layout and functionality of the FIFA Digital Platforms, which may involve the review, formatting and editing of User Submissions.
(iii) Third Party Content
5.7 Your business dealings with, or participation in promotions of, any advertisers and merchants found on or through the FIFA Digital Platforms, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or merchant. You agree that: (i) FIFA shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the FIFA Digital Platforms; and (ii) any orders placed by You on, and any product specifications and product availability appearing on, the FIFA Digital Platforms (including, without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
5.8 Third parties may provide, and the FIFA Digital Platforms may contain, APIs, links or feeds from or to other websites or resources. Because FIFA has no control over such sites and resources, You acknowledge and agree that FIFA is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for, any content available on such sites or resources. You further acknowledge and agree that FIFA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any such content, goods, services or any other material available on or through any such APIs, links or feeds from or to other websites or resources.
5.9 In the event that You wish to establish a link to the FIFA Digital Platforms, You expressly agree: (i) not to include the FIFA Digital Platforms into the frame of another website; (ii) not to create any third party association with the FIFA Digital Platforms; (iii) to properly attribute the FIFA Digital Platforms referred to in Your link to FIFA; and (iv) to ensure that the link does not state nor imply that FIFA approves of, sponsors or endorses any other website activity, company, resource or entity, or presents FIFA and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages FIFA's reputation or takes advantage of it.
Irrespective of the promise made by You to FIFA in term 5.9 regarding the misappropriation and/or any potential confusion in respect of Third Party Content, the link to the FIFA Digital Platforms does not permit You to use any FIFA and/or Third Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder. If You wish to use FIFA Marks (See Section 6 below), please send Your request to: www.fifadigitalarchive.com.
FIFA reserves the right to require You at any time to remove any link to the FIFA Digital Platforms.
5.10 If You wish to use or display any FIFA feeds / FIFA APIs on Your website:
(a) FIFA grants to You a non-transferable, royalty free, non-exclusive license to display such feeds on Your website subject to these Terms;
(b) You expressly agree: (i) to ensure that the FIFA feed / FIFA API does not state or imply that FIFA approves of, sponsors or endorses any other website activity, company or entity, resource, content, or presents FIFA and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages FIFA's reputation or takes advantage of it; and (ii) to properly attribute the FIFA feeds used to FIFA to avoid any misappropriation or confusion;
(c) where possible, You must create a functional link back to the FIFA story or other material summarized by the relevant FIFA feed.
6. TRADEMARK AND COPYRIGHT INFORMATION
6.1 FIFA, the FIFA logo, the emblems and mascots of FIFA events, including the emblem and mascot of the 2018 FIFA World Cup Russia™ and other FIFA logos, FIFA event marks and product and service names are trademarks and copyright material of FIFA (the "FIFA Marks"). Aside from the right granted to You under Section 5.10 to use the FIFA feeds / FIFA APIs (which may include certain of the FIFA Marks), You agree not to display or use the FIFA Marks in any other manner without FIFA's prior written permission.
6.2 Certain content on the FIFA Digital Platforms is provided by third parties. Any re-publication or re-distribution of such content, including by framing or similar means, is expressly prohibited without the prior written consent of the relevant right holders. FIFA shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Please consult the respective websites of the concerned right holder for additional information.
7. COPYRIGHTS AND COPYRIGHT AGENTS
FIFA respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the FIFA Digital Platforms, please provide FIFA with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via the contact form at http://www.fifa.com/contact/form.html.
8. MODIFICATIONS TO SERVICE
FIFA reserves the right at any time to modify or discontinue, temporarily or permanently, the FIFA Digital Platforms, the Services, the FIFA Content, the User Submissions, and the Third Party Content (or any part thereof) with or without notice. You agree that FIFA shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the FIFA Digital Platforms, Services, FIFA Content, User Submissions, and Third Party Content. Although FIFA will take reasonable care in ensuring the FIFA Digital Platforms, the Services, and the FIFA Content are up to date, any of the FIFA Digital Platforms, the Services, and the FIFA Content may be out of date at any given time, and FIFA is under no obligation to update it.
FIFA may, in its sole discretion and without liability to You, with or without cause, in particular if you do not comply with these Terms, the Google Terms, or the Apple Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the FIFA Digital Platforms in whole or in part; and (ii) deactivate or delete any of Your accounts and all related information and files in such accounts as well as Your User Submissions. Please also note that in such an event your access to Third Party Content might also be terminated.
11.1 IF YOU ACCESS AND USE OUR FIFA DIGITAL PLATFORMS, YOU DO SO AT YOUR SOLE RISK. THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIFA EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 FIFA MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA CONTENT, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.4 COMMENTARY AND OTHER MATERIALS POSTED ON OR WITHIN THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA CONTENT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIFA, OR THROUGH OR FROM THE FIFA DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA CONTENT, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND FIFA DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE FIFA DIGITAL PLATFORMS OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR FIFA CONTENT.
You agree to indemnify and hold FIFA and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with: (i) Your use of and access to the FIFA Digital Platforms, the Services, or FIFA Content, including without limitation any content, or User Submission, as well as Your connection to the FIFA Digital Platforms, Services or FIFA Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the FIFA Digital Platforms, Services, or FIFA Content, by You infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
13. LIMITATION OF LIABILITY
You expressly acknowledge and agree that FIFA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FIFA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the FIFA Digital Platforms, Services, or FIFA Content; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the FIFA Digital Platforms; (iii) unauthorized access to, or alteration of, Your transmissions of data; (iv) statements or conduct of any third party on the FIFA Digital Platforms, Services, or FIFA Content; (v) results of the FIFA Digital Platforms, Services, or FIFA Content, any of the FIFA Digital Platforms, Services, or FIFA Content linked to it and any materials posted on it; or (vi) any other matter relating to the FIFA Digital Platforms, Services, or FIFA Content.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the FIFA Digital Platforms, Services, or FIFA Content, must be filed within one (1) year after such claim or cause of action first arose.
14. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 12 and 13 may not apply to You.
Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of FIFA or any other liability (e.g. for intent or gross negligence) which cannot be excluded or limited under applicable law.
Notices to You will be made via either email or post to the relevant email address or postal address provided by You to FIFA from time to time.
If We amend these Terms in any way We shall place an updated version on this page of the FIFA Website. The FIFA Website and/or the FIFA App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on or within the FIFA Digital Platforms.
16. GENERAL INFORMATION
16.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between You and FIFA in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and FIFA, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when You use affiliate services, Third-Party Content or third-party software.
16.2 Any failure by FIFA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16.3 If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
16.4 You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. FIFA may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.
16.5 The Terms and the relationship between You and FIFA shall be governed by the substantive laws of Switzerland. All disputes in connection with these Terms are to be resolved by the Court of Commerce (Handelsgericht) in Zurich.
16.6 These Terms have been drafted in English and have been translated in other languages. In the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.
Please report any violations of the Terms to FIFA via the online contact form located at: http://www.fifa.com/contact/form.html.
In the event that the provisions of these Terms of Services are conflict with the provisions of third party Terms of Services on the FIFA Digital Platforms, the provisions of these Terms of Services shall prevail.