Fédération Internationale de Football Association (FIFA)
FIFA-Strasse 20
P.O. Box
8044 Zurich
Switzerland
Welcome to FIFA.com ("the Website"). Fédération Internationale de Football Association (FIFA) provides the Website to you, subject to the following Terms of Service and any documents referred to in them ("TOS"), which may be updated by FIFA from time to time without notice to you. You should review the TOS regularly at http://www.fifa.com/legal/TOS.html. By accessing the Website and/or any pages thereof, you signify your agreement with and understanding of the TOS and any changes to them. If you do not agree to the TOS, do not access the Website.
1. TOS
In addition to the TOS, when using particular FIFA
services, you and FIFA shall be subject to any guidelines and rules
applicable to such services which may be posted by FIFA from time
to time. All such guides and rules are hereby incorporated by
reference into the TOS. In most cases the guides and rules are
specific to a particular part of the Website and will assist you in
applying the TOS to that part, but to the extent of any
inconsistency between the TOS and any guide or rule, the TOS will
prevail. FIFA may also offer services from time to time that are
governed by other terms of service. In such cases the other terms
of service will be posted on the relevant service to which they
apply. Unless explicitly stated otherwise, any new features that
augment or enhance the current Website shall be subject to the TOS.
To the extent of any inconsistency between the TOS and any other
terms of service, those other terms of service will prevail.
2. YOUR RESPONSIBILITY FOR INTERNET ACCESS
In order to use the Website, you must obtain access
to the World Wide Web, either directly or through devices that
access web-based content, and pay any service and/or telephony fees
associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the TOS, and that they comply with them.
3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
Certain areas of the Website will require
registration. In respect of your use of these areas of the Website,
you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration form
(such information being the "Registration Data") and (b)
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 TOS, FIFA has the right to
suspend or terminate your account and refuse any and all current or
future use of the Website (or any portion thereof).
FIFA is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Website should assist them in setting up any relevant accounts and supervise their access to the Website. By allowing your child access to the Website, he or she will be able to access all of the Website, 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 children unsupervised. Please remember that the Website is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Websites and/or information, data, text, software, music, sound, photographs, graphics, video, messages and any other material on the Website ("Content") are appropriate for your child.
4. UPLOADING MATERIAL TO OUR SITE
Whenever you upload material to the Website, or use the Website to make contact with other users of the Website (such related material hereinafter referred to as "User Submissions") 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/fanfest/club/rules.html.
You warrant, represent and undertake that: (i) you own or have the necessary licences, rights, consents and permissions to use and authorise FIFA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these TOS; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these TOS.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to FIFA, you hereby grant FIFA a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website or FIFA's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive licence to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these TOS as if it were Content.
You further agree that you will not: (i) submit material that is subject to copyright laws, protected by trade secret or otherwise subject to third party intellectual property or any other proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FIFA all of the licence rights granted herein; (ii) publish falsehoods or misrepresentations that could damage FIFA or any third party in any way; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, do not comply with any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. FIFA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FIFA expressly disclaims any and all liability in connection with User Submissions.
Without affecting the scope of Section 10 of the TOS, FIFA has the right to remove any User Submission uploaded by you and/or terminate your access to the Website 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 TOS.
FIFA also has the right to disclose your identity to any third party who claims that any of your User Submissions infringes their intellectual property rights, or their right to privacy, or to regulatory or law enforcement or other state authorities.
You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that FIFA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FIFA with respect thereto.
5. PRIVACY POLICY
By using the Website you or any person you allow to
access and use your account may provide FIFA with certain personal
data, including the Registration Data and certain other information
about you. By submitting your personal information to the Website,
you, you agree (and shall ensure that each other person agrees) to
FIFA's use of such data (i) in accordance with the FIFA Privacy
Policy set out at
http://www.fifa.com/legal/privacy.html
(the "Privacy Policy"); (ii) disclosure of your personal
data to FIFA's affiliates, employees, agents, representatives
and third party organisations worldwide for the purpose of
providing the Website to you in an efficient manner (including to
countries which may not afford the same level of protection of such
data as the country from which you provided the information); (iii)
for the purpose of properly administering your account in
accordance with the standard operating procedures of FIFA or its
affiliated or service companies (including without limitation
contacting you about the Website, your account, these TOS and any
products or services of FIFA or its affiliates from time to time);
or (iv) if required to do so by law or in the good faith belief
that any such preservation or disclosure is reasonably necessary to
comply with legal process, enforce the TOS, respond to claims that
any Content violates the rights of third-parties, or protect the
rights, property, or personal safety of other users or the
public.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing any registration process (as described in Section 3
of these TOS). You are responsible for maintaining the
confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify FIFA of any
unauthorised use of your password or account and any other breach
of security; and (b) 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 6.
7. INDEMNITY
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
Website, including without limitation any User Submission uploaded
by you, as well as your connection to the Website; (ii) your
failure to comply with any provision of the TOS; or (iii) any claim
by a third party that any of your User Submissions or any other use
of the Website by you infringes any intellectual property, other
proprietary or privacy right of such third party or has otherwise
caused damage to a third party.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial or non-commercial purposes,
any portion of the Website, use of the Website, or access to the
Website, without the prior written consent of FIFA. Should you be
interested in reproducing, duplicating or copying any of the
content of the Website, please use the contact form at
http://www.fifa.com/contact/form.html.
9. MODIFICATIONS TO SERVICE
FIFA reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the
Website (or any part thereof) with or without notice. You agree
that FIFA shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Website. Although
FIFA will take reasonable care in ensuring the Content is up to
date, any of the Content may be out of date at any given time, and
FIFA is under no obligation to update such Content.
10. TERMINATION
You agree that FIFA may in its sole discretion,
terminate your password, account (or any part thereof) or use of
the Website, and remove and discard any Content within the Website,
for any reason, including, without limitation, for lack of use or
if FIFA believes that you have violated or otherwise not complied
with any provision of, the TOS. FIFA may also in its sole
discretion and at any time discontinue providing the Website, or
any part thereof, with or without notice. You agree that any
termination of your access to the Website under any provision of
this TOS may be effected without prior notice, and acknowledge and
agree that FIFA may immediately deactivate or delete your account
and all related information and files in your account and/or bar
any further access to such files or the Website. Further, you agree
that FIFA shall not be liable to you or any third-party in any way
for any termination of your access to the Website.
11. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or
participation in promotions of, any advertisers and merchants found
on or through the Website, 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. To the fullest
extent permitted by applicable law, you agree that: (a) 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 and merchants on the Website, and (b)
any orders placed by you on, and any product specifications and
product availability appearing on, the Website (including, without
limitation, any online store) are subject to confirmation by, and
the terms and conditions of business of, the relevant advertiser or
merchant.
12. LINKS
The Website may provide, or third parties may
provide, links 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, advertising, products, or other materials
on or available from 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
be caused by or in connection with use of or reliance on any such
content, goods, services or any other material available on or
through any such site or resource.
In the event that you wish to establish a link to the Website, you expressly agree: (a) not to include the Website into the frame of another website; (b) not to create any third party association with the Website; (c) to ensure that the link does not state or imply that FIFA approves of, sponsors or endorses any other website activity, company 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; and (d) to use the FIFA.com logo if possible, which can be requested at www.FIFAdigitalarchive.com (professional use) and/or can be downloaded at [ Note: URL to be added (private use).
The link to the Website 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.
[ RSS reference to be added]
FIFA reserves the right to withdraw its consent to linking without notice.
13. PROPRIETARY RIGHTS
You acknowledge and agree that the Website, any
necessary software used in connection with the Website
("Software"), and the Content, including without
limitation the Content contained in any sponsor advertisements or
information presented to you through the Website or advertisers the
trademarks, service marks and logos contained in the Content,
except all User Submissions, are owned by or licensed to FIFA, and
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. FIFA grants you
permission to view, store, print, reproduce and distribute any
pages or download any material from the Website for personal
non-commercial use only provided that (a) FIFA's status (and
that of any identified contributors) as the authors of the Content
is always acknowledged; and (b) you include these TOS with any
reproduction. Except as expressly authorised by FIFA or its
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Website or the
Software, in whole or in part.
FIFA grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software for the purposes of using the Website in the manner permitted by these TOS, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Website. You agree not to access the Website by any means other than through the interface that is provided by FIFA for use in accessing the Website.
14. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence in a number of different jurisdictions. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
15. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIFA
EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE
PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR
AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B. FIFA MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE
WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
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.
D. COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE 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 WEBSITE SHALL CREATE ANY WARRANTY
OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS AND FIFA
DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY
RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE WEBSITE OR
BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
16. 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 WEBSITE; (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 WEBSITE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) RESULTS OF THE
WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT;
OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.
17. 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 15 AND 16 MAY NOT APPLY TO YOU.
NOTHING IN THESE TOS 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. NOTICES
Notices to you may be made via either email or by
post at the relevant email or postal address provided by you to
FIFA from time to time. The Website may also provide notices of
changes to the TOS or other matters by displaying notices or links
to notices to you generally on the Website.
19. TRADEMARK AND COPYRIGHT INFORMATION
A. FIFA, the FIFA logo, the emblems and mascots of
FIFA events including the emblem and mascot of the 2010 FIFA World
Cup South Africa™ and other FIFA logos and product and service
names are trademarks and copyright material of FIFA (the "FIFA
Marks"). You agree not to display or use the FIFA Marks in any
manner without FIFA's prior written permission.
B. Certain information on the Website is provided by Reuters
Limited. Copyright © Reuters Content is the intellectual property
of Reuters Limited. Any copying, re-publication or re-distribution
of Reuters Content, including by caching, framing or similar means,
is expressly prohibited without the prior written consent of
Reuters. Reuters shall not be liable for any errors or delays in
content, or for any actions taken in reliance thereon. Reuters,
Reuters Dotted Logo and the Sphere Logo are trademarks and
registered trademarks of the Reuters Group of companies around the
world. For additional information on other Reuters Services please
visit the Reuters public web site.
C. Certain information on the Website is provided by AFP. ©
AFP 2007. All rights of reproduction and distribution reserved. All
information displayed on this section (dispatches, photographs,
logos) are protected by intellectual property rights owned by
Agence France-Presse. As a consequence, you may not copy,
reproduce, modify, transmit, publish, display or in any way
commercially exploit any of the content of this section without the
prior written consent of Agence France-Presse.
D. Certain information on the Website is provided by
Infostrada BV. © Infostrada Sports 2007. Any copying,
re-publication or re-distribution of Infostrada Sports Content,
including by caching, framing or similar means, is expressly
prohibited without the prior written consent of Infostrada Sporst.
Infostrada Sports shall not be liable for any errors or delays in
content, or for any actions taken in reliance thereon. For
additional information on services please visit the Infostrada
Sports public web site at
http://www.infostrada.com.
20. 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 Website, please provide FIFA with the
following information via the contact form at
http://www.fifa.com/contact/form.html.
a. an electronic or physical signature of the person authorised
to act on behalf of the owner of the relevant right which is
allegedly infringed;
b. a description of each work subject to the relevant rights
that you claim have been infringed;
c. a description of the material that you claim is infringing
and where that material is located on the site;
d. your address, telephone number, and email address and such
other information as may be reasonably required by FIFA to enable
FIFA to contact you;
e. a statement by you that you have a good faith belief that
the disputed use is not authorised by the rights owner, its agent,
or the law;
f. a statement by you that the above information is accurate
and that you are the rights owner or authorised to act on the
rights owner's behalf.
21. GENERAL INFORMATION
These TOS (including the guides and rules and other
terms referred to herein) 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.
The TOS and the relationship between you and FIFA shall be governed by the laws of Switzerland. All disputes in connection with these TOS are to be resolved, to the exclusion of the ordinary courts, by a three person Arbitral Tribunal in accordance with the International Arbitration Rules of the Swiss Chamber of Commerce, one arbitrator to be appointed by each of the parties. The proceedings will be conducted in English and will take place in Zurich.
Any failure by FIFA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these TOS. FIFA may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these TOS to any third party at any time without your consent (such consent hereby being given).
22. VIOLATIONS
Please report any violations of the TOS to FIFA via
the contact form at
http://www.fifa.com/contact/form.html.