Terms and Conditions for FIBA.com
FIBA.com is the official website of the Fédération Internationale de Basketball, Route Suisse, 5, PO Box 29, 1295 Mies, Switzerland (hereinafter referred to as “FIBA”).
By accessing FIBA.com, you accept these Terms and Conditions and expressly agree that they will govern your use of FIBA.com. If you do not agree to these Terms and Conditions, please do not access FIBA.com.
If you are using particular services on FIBA.com, you and FIBA shall be subject to any posted guidelines or rules applicable to such services that may be posted on FIBA.com from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
You can access these Terms and Conditions at any time and from every FIBA.com webpage by clicking on “Terms and Conditions” in the footer.
1. No offer of service
1.1. Unless expressly stated otherwise, FIBA.com is intended to be for informational purposes only. FIBA makes no representation that material on FIBA.com is appropriate or available for use at your location. You access FIBA.com at your own risk and are responsible for compliance with local laws and regulations.
1.2. FIBA reserves the right to modify or discontinue any features of FIBA.com in part or in total at any time without prior notice.
1.3. FIBA may offer services on FIBA.com subject to a separate charge. In such case, you will be expressly informed of the applicable charge in connection with the respective services, and of the terms and conditions governing such services.
2. Your obligations
2.1. You undertake not to undermine the proper functioning, data integrity and safety of FIBA.com.
2.2. You undertake not to make use of FIBA.com in any way which would violate any applicable laws or regulations, or which would infringe upon rights of FIBA or third parties.
3. Gaming on FIBA.com
3.1. Users of FIBA.com's online gaming platforms (if any) are liable to the rules which are clearly stated on the respective FIBA game website.
3.2. FIBA reserves the right to remove without any prior notice registered user(s) or player(s). Any abuses will immediately result in the user(s)/player(s) being banned from FIBA.com and/or the games.
4. Intellectual Property
4.1. Copyright FIBA 2014. All rights reserved.
4.2. Any and all pictures, graphics, logos, texts, videos, animations, sounds, games and other works (hereinafter "Content") on FIBA.com are subject to copyrights and/or other intellectual property rights, unless stipulated otherwise. Content may not be reproduced or modified in any way without prior permission from the relevant right holder.
4.3. Unless expressly stipulated otherwise, nothing in these Terms and Conditions shall be interpreted as granting any intellectual property rights or licenses to such rights to you. No act of downloading or otherwise copying or reproducing from FIBA.com will transfer title to you to any content.
5.1. YOU UNDERSTAND THAT ANY INFORMATION OR SERVICES PROVIDED BY FIBA ON FIBA.COM ARE MADE AVAILABLE "AS IS". FIBA MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2. You acknowledge that a 100% availability of FIBA.com is technically unrealistic. While FIBA endeavours to keep FIBA.com available as constantly as possible, temporary breakdowns cannot be excluded, in particular (without limitation) due to maintenance, security or capacity issues as well as due to events which are not within FIBA’s control (such as, for example, disruption in public communication networks, power shortages etc.).
5.3. Any material downloaded or otherwise obtained through the use of FIBA.com is obtained at your own discretion and risk and 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.
5.4. FIBA.com may contain some services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If FIBA charges you for a mobile service, you will first be notified and asked to accept any charges. Please note that not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using FIBA’s mobile services, you acknowledge that FIBA may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, it is your responsibility to promptly update your account information to ensure that FIBA does not send your messages to a different person.
5.5. You acknowledge and agree that FIBA has no responsibility for the accuracy or availability of information, material or content provided by third party linked websites, or the content, performance, terms and conditions of use or the privacy policies or practices on such websites. Links to such websites do not constitute an endorsement by FIBA of such websites or their content, products, or other materials or services presented on such websites. FIBA 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, PRODUCTS, OR OTHER MATERIAL AVAILABLE ON THIRD PARTY LINKED WEBSITES.
5.6. In the event that you wish to establish a link to FIBA.com, you expressly agree:
i) to ask prior written approval of FIBA to establish a link to FIBA.com;
ii) not to include FIBA.com into the frame of another website, but to create a direct link to FIBA.com;
iii) not to create any third party association with FIBA.com; and
iv) to ensure that the link does not state or imply that FIBA sponsors or endorses any other website activity, company or entity, or presents FIBA and/or basketball in a false, misleading, defamatory or derogatory manner
The link to FIBA.com does not permit you to use any FIBA and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.
You agree to defend, indemnify and hold harmless FIBA and its affiliates, officers, employees and agents from/against any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including (without limitation) reasonable legal fees, that may arise in connection with your use of and/or access to FIBA.com, including (without limitation) your unauthorised copying and/or use of any intellectual property of third parties.
7. LIMITATION OF LIABILITY
7.1. TO THE EXTENT THAT LIABILITY IS NOT LIMITED BY THE APPLICABLE LAW ALREADY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FIBA SHALL NOT BE LIABLE FOR ANY DAMAGES – WHETHER IN TORT, CONTRACT OR OTHERWISE – IN CASE OF SIMPLE NEGLIGENCE UNLESS FIBA VIOLATED A CARDINAL OBLIGATION. A CARDINAL OBLIGATION IS AN OBLIGATION WHICH YOU COULD TRUST TO BE COMPLIED WITH AND THE FULFILMENT OF WHICH IS PRINCIPAL TO THE PROPER EXECUTION OF THIS CONTRACT; IN SUCH CASE, INDEMNITY CLAIMS ARE LIMITED TO THE AMOUNT OF THE TYPICALLY FORSEEABLE DAMAGES.
7.2. CLAIMS RESULTING FROM PHYSICAL DAMAGES SHALL REMAIN UNAFFECTED BY CLAUSE 5.1. ALSO, THE LIMITATIONS OF LIABILITY STIPULATED IN CLAUSE 5.1 ARE NOT VALID IN THE EVENT OF FIBA GIVING EXPRESS GUARANTEES AND REGARDING CLAIMS DUE TO MISSING WARRANTED FEATURES.
7.3. YOU EXPRESSLY ACKNOWLEDGE THAT FIBA SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.
9. Applicable law, jurisdiction
9.1. These Terms and Conditions shall be governed by and construed in accordance with Swiss law without regard to its conflict of law rules.
9.2. Any disputes, controversies or claims arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be submitted exclusively to the Court of Arbitration for Sport (CAS) and resolved definitively in accordance with the Code of sports-related arbitration. The arbitration shall be governed by Chapter 12 of the Swiss Act on Private International Law (irrespective of the parties’ domicile) and its seat shall be in Lausanne, Switzerland. The language of the arbitration will be English. You shall not and you hereby waive your right to institute any claim, arbitration or litigation, or seek any other form of relief, including provisional measures, in any other court or tribunal.
10. Final Provisions
10.1. Should any provision of these Terms and Conditions be found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or operation of any other provision. In such case, the parties are obliged to substitute for the invalid or unenforceable provision a valid and enforceable provision which most closely approximates the intent and economic effect of the invalid or unenforceable provision.
10.2. These Terms and Conditions constitute the entire agreement between you and FIBA in relation to their subject matter, i.e. with respect to your use of and/or access to FIBA.com, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and FIBA, whether oral or written in relation to this subject matter.
10.3. FIBA reserves the right to amend these Terms and Conditions at any time without prior notice.