Terms of Service
FIFA Transfer Matching System GmbH
Welcome to FIFATMS.com (“Website“). FIFA Transfer Matching System GmbH (“FIFA TMS”, “We”, “Our”) provides the Website, including any content, to you subject to the following Terms of Service and any documents referred to in them (“Terms“).
1. ACCEPTANCE OF TERMS
1.1 By accessing and using Our Website, whether or not you become a user or 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 https://www.fifatms.com/en/Terms-of-Service/ on a regular basis to keep Yourself informed of any changes.
1.3 By using the Website, You agree that the posting of new or revised Terms on the Website shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Website after any such changes or after explicitly accepting the new Terms upon logging into the Website shall constitute Your acceptance of such changes.
1.4 The use of particular FIFA TMS services and products may be subject to specific terms of service related to the concerned service and product. In using such services or products, 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 Website 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) individual, independent professionals who are 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 Website.
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 TMS has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or FIFA TMS otherwise reasonably considers that You have failed to comply with any provisions of these Terms, FIFA TMS has the right to suspend or terminate Your account and refuse You access to any and all current or future use of the Website (or any portion thereof).
3. USER ACCOUNT, PASSWORD AND SECURITY
3.1 You will receive a password and account designation upon completing any registration process (as described in Section 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 TMS 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 TMS 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 TMS 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 Website should review these Terms and assist such children with the setting up of any relevant accounts and supervise the child’s 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 unsupervised children. 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, feeds offered through the Website and any other material on the Website (“Content“) are appropriate for Your child.
The Website includes Content: (i) provided by FIFA TMS (“FIFA TMS Content”); and (ii) Content that is uploaded, posted, submitted or otherwise transmitted (iii) by third parties (“Third Party Content”).
(i) FIFA TMS Content
5.1 All FIFA TMS Content, including FIFA TMS feeds, is owned by, or licensed to, FIFA TMS. FIFA TMS 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 Website. For that sole and exclusive purpose, FIFA TMS grants to You a limited, revocable, non-exclusive licence to access and use the Website privately for non-commercial purposes, in accordance with these Terms. Should You be interested in reproducing, duplicating or copying any of the content of the Website for any other purpose, please use the contact form at https://www.fifatms.com/en/Company/Contact/.
(ii) Third Party Content
5.2 Your 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. You agree that: (i) FIFA TMS 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 Website; and (ii) 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.
5.3 Third parties may provide, and the Website may contain, APIs, links or feeds from or to other websites or resources. Because FIFA TMS has no control over such sites and resources, You acknowledge and agree that FIFA TMS 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 TMS 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 site or resource.
5.4 In the event that You wish to establish a link to the Website, You expressly agree: (i) not to include the Website into the frame of another website; (ii) not to create any third party association with the Website; (iii) to properly attribute the Website referred to in Your link to FIFA TMS; and (iv) to ensure that the link does not state nor imply that FIFA TMS approves of, sponsors or endorses any other website activity, company or entity, or presents FIFA TMS and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages FIFA TMS’s reputation or takes advantage of it.
Irrespective of the promise made by You to FIFA TMS in term 5.4 regarding the misappropriation and/or any potential confusion in respect of Third Party Content, the link to the Website does not permit You to use any FIFA TMS 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 TMS Marks, please send Your request to: https://www.fifatms.com/en/Company/Contact/.
FIFA TMS reserves the right to require You to remove any link to the Website.
5.5 If You wish to use or display any FIFA TMS feeds / APIs on Your website:
(a) FIFA TMS grants to You a non-transferable, royalty free, non-exclusive licence to display such feeds on Your website subject to these Terms;
(b) You expressly agree: (i) to ensure that the FIFA TMS feed / API does not state or imply that FIFA TMS approves of, sponsors or endorses any other website activity, company or entity, or presents FIFA TMS and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages FIFA TMS’s reputation or takes advantage of it; and (ii) to properly attribute the feeds used to FIFA TMS to avoid any misappropriation or confusion;
(c) where possible, You must create a functional link back to the FIFA TMS story or other material summarized by the relevant FIFA TMS feed.
6. TRADEMARK AND COPYRIGHT INFORMATION
6.1 FIFA TMS and the FIFA TMS logo, the emblems and mascots of FIFA TMS events, and other FIFA TMS logos, FIFA TMS event marks and product and service names are trademarks and copyright material of FIFA TMS (the “FIFA TMS Marks“). Aside from the right granted to You under Section 5.5 to use the FIFA TMS feeds / APIs (which may include certain of the FIFA TMS Marks), You agree not to display or use the FIFA TMS Marks in any other manner without FIFA TMS’s prior written permission
6.2 Certain content on the Website is provided by third parties. Any copying, 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. These right holders 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 TMS 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 TMS with the following information via the contact form at https://www.fifatms.com/en/Company/Contact/.
8. MODIFICATIONS TO SERVICE
FIFA TMS reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that FIFA TMS shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the Website or Service. Although FIFA TMS 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 TMS is under no obligation to update such Content.
FIFA TMS may, in its sole discretion and without liability to You, with or without cause, with or without prior notice and at any time: (i) terminate Your access to the Website 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.
11.1 IF YOU ACCESS AND USE OUR WEBSITE, YOU DO SO AT YOUR SOLE RISK. THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIFA TMS 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 TMS MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE WEBSITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE, OR ANY FEEDS FROM IT, 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 CONTENT WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY FEEDS FROM IT, 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 THE WEBSITE, OR CONTAINED IN ANY FEEDS FROM IT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIFA TMS, OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND FIFA TMS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
You agree to indemnify and hold FIFA TMS and its parent company, 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 Content, as well as Your connection to the Website; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that 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.
13. LIMITATION OF LIABILITY
You expressly acknowledge and agree that FIFA TMS 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 TMS 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) unauthorised access to, or alteration of, Your transmissions of data; (iv) statements or conduct of any third party on the Website; (v) results of the Website, any Website 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, the use of the Website 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 TMS or any other liability 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 TMS from time to time.
If We amend these Terms in any way We shall place an updated version on this page of the Website. The Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Website.
16. GENERAL INFORMATION
16.1 These Terms (including the specific terms applicable to certain services) constitute the entire agreement between You and FIFA TMS in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and FIFA TMS, 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 TMS 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 TMS 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 (such consent hereby being given).
16.5 The Terms and the relationship between You and FIFA TMS shall be governed by the 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 TMS via the online contact form located at: https://www.fifatms.com/en/Company/Contact/.