Terms of Service
Fédération Internationale de Football Association (FIFA)
The Fédération Internationale de Football Association (“FIFA”, “We”, “Our”) is pleased to provide you with its website www.fifatms.com (the “FIFA-TMS Website”) including any services, content and software (“Services”), subject to the following Terms of Service and any documents referred to herein (“Terms”).
1. ACCEPTANCE OF TERMS
1.1 By accessing, downloading, installing, or using the FIFA-TMS Website, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge to 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/terms-of-service/ on a regular basis to keep Yourself informed of any changes.
1.3 By using the FIFA-TMS Website, You agree that the posting of new or revised Terms on or within the FIFA-TMS Website shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the FIFA-TMS Website after any such changes or after explicitly accepting the new Terms upon logging into the FIFA-TMS Website 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. Where 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. 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-TMS Website must review and accept these Terms and assist such children, as well as supervise their access to the FIFA-TMS Website. By allowing Your child access to the FIFA-TMS Website, You agree to be bound by these Terms, and acknowledge that he or she will be able to access all of the FIFA-TMS 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 FIFA-TMS Website are designed to appeal to a broad audience. Accordingly, as legal guardian, it is Your responsibility to determine whether any of the FIFA-TMS Website and/or information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the FIFA-TMS Website (“FIFA feeds”), the application programming interface (“FIFA API”), and any other material on the FIFA-TMS Website (“Content”) are appropriate for Your child. You remain responsible and liable for all acts of Your child.
The FIFA-TMS Website include Content: (i) provided by FIFA (“FIFA Content”); and (ii) that is uploaded, posted, submitted or otherwise transmitted by third parties (“Third-Party Content”).
i. FIFA Content
3.1 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 for accessing and using it on the FIFA-TMS Website. For that sole and exclusive purpose, FIFA grants You a limited, revocable, non-exclusive licence to access and use the FIFA-TMS Website privately for non-commercial purposes, in accordance with these Terms.
ii. Third-Party Content
3.2 Your business dealings with, or participation in promotions of, any advertisers and merchants found on or through the FIFA-TMS 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 advertisers or merchants. You hereby 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-TMS Website; and that (ii) any orders placed by You on, and any product specifications and product availability appearing on, the FIFA-TMS Website (including, and without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
3.3 Third parties may provide, and the FIFA-TMS Website may contain, APIs, links, plug-ins or feeds from or to other websites or resources. Because FIFA has no control over such sites and resources, You hereby acknowledge and agree that FIFA is not responsible for the availability of such external sites or resources, 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.
3.4 In the event that You wish to establish a link to the FIFA-TMS Website, You expressly agree: (i) not to include the FIFA-TMS Website in the frame of another website; (ii) not to create any third-party association with the FIFA-TMS Website; (iii) to properly attribute the FIFA-TMS Website referred to in Your link to FIFA; and (iv) to ensure that the link does not state or imply that FIFA approves of, sponsors or endorses any other website activity, company, resource or entity, or present FIFA and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage FIFA’s reputation or take advantage of it.
Irrespective of the promise made by You to FIFA under this item regarding the misappropriation of and/or any potential confusion in respect of Third-Party Content, the link to the FIFA-TMS 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. If You wish to use FIFA Marks (see section 4 below), please submit Your request at: www.fifadigitalarchive.com.
FIFA reserves the right to require You at any time to remove any link to the FIFA-TMS Website.
3.5 If You wish to use or display any FIFA feeds/FIFA APIs on Your website:
a) FIFA grants 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 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 present FIFA and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage FIFA’s reputation or take 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 summarised by the relevant FIFA feed.
4. TRADEMARK AND COPYRIGHT INFORMATION
4.1 FIFA, the FIFA logo, the emblems and mascots of FIFA events 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 3.5 to use the FIFA feeds/FIFA APIs (which may include some of the FIFA Marks), You agree not to display or use the FIFA Marks in any other manner without FIFA’s prior written consent.
4.2 Certain content on the FIFA-TMS Website 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 rights holder. 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 rights holder concerned for additional information.
5. 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-TMS Website, 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 https://www.fifatms.com/contact/.
6. MODIFICATIONS TO SERVICE
FIFA reserves the right at any time to modify or discontinue, temporarily or permanently, the FIFA-TMS Website, the Services, the FIFA Content, and the Third-Party Content (or any part thereof) with or without notice. You hereby agree that FIFA shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the FIFA-TMS Website, Services, FIFA Content, and Third-Party Content. Although FIFA will take reasonable care in ensuring that the FIFA-TMS Website, Services, and FIFA Content are up to date, they may be out of date at any given time, and FIFA is under no obligation to update them.
FIFA may, at 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 terminate Your access (whether restricted or not) to the FIFA-TMS Website, in whole or in part. Please also note that, in such an event, your access to Third-Party Content might also be terminated.
9.1 IF YOU ACCESS AND USE OUR FIFA-TMS WEBSITE, YOU DO SO AT YOUR SOLE RISK. THE FIFA-TMS WEBSITE, SERVICES, AND 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, AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2 FIFA MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE FIFA-TMS WEBSITE, SERVICES AND FIFA CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE FIFA-TMS WEBSITE, SERVICES AND FIFA CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FIFA-TMS WEBSITE, SERVICES OR 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-TMS WEBSITE, SERVICES OR THE FIFA CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
9.3 DOWNLOADING OR OBTAINING ANY MATERIAL THROUGH THE USE OF THE FIFA-TMS WEBSITE, SERVICES OR FIFA CONTENT SHALL BE 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 DOWNLOADING ANY SUCH MATERIAL.
9.4 COMMENTARY AND OTHER MATERIALS POSTED ON THE FIFA-TMS WEBSITE, SERVICES, AND FIFA CONTENT ARE NOT INTENDED TO BE CONSIDERED TO BE RELIABLE ADVICE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIFA, OR THROUGH OR FROM THE FIFA-TMS WEBSITE, SERVICES OR 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-TMS WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR FIFA CONTENT.
You hereby 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, and without limitation, reasonable legal fees, that may arise in connection with: (i) Your use of and access to the FIFA-TMS Website, Services or FIFA Content, including, and without limitation, any content, or User Submission, as well as Your connection to the FIFA-TMS Website, 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 other use of the FIFA-TMS Website, Services or FIFA Content by You infringes any intellectual property, other proprietary or privacy rights of such third party or has otherwise caused damage to a third party.
11. 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 of or the inability to use the FIFA-TMS Website, Services or FIFA Content; (ii) the cost of the procurement of substitute goods and services incurred through any goods, data, information or services being purchased or obtained, messages received or transactions entered into through or from the FIFA-TMS Website; (iii) unauthorised access to, or alteration of, Your transmissions of data; (iv) statements or the conduct of any third party on the FIFA-TMS Website, Services or FIFA Content; (v) the impact of the FIFA-TMS Website, Services or FIFA Content and any of the FIFA-TMS Website, Services or FIFA Content linked to them and any materials posted on them; or (vi) any other matter relating to the FIFA-TMS Website, 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-TMS Website, Services or FIFA Content, must be filed within one (1) year of such claim or cause of action.
12. 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 under sections 10 and 11 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 by FIFA or any other liability (e.g. for intent or gross negligence), which cannot be excluded or limited under applicable law.
You will occasionally receive notices, which will be sent to You either via email or post to the relevant email address or postal address, respectively, which You provided to FIFA.
If We amend these Terms in any way, We shall upload an updated version to this page of the FIFA-TMS Website. The FIFA-TMS Website may also provide notices of changes to these Terms or other matters by displaying general notices or links to notices on the FIFA-TMS Website.
14. GENERAL INFORMATION
14.1 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.
14.2 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.
14.3 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.
14.4 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.
14.5 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 competent Courts of the City of Zurich 1 (if the prerequisites are met then the Commercial Court of the Canton of Zurich), and each party hereby irrevocably consents to the jurisdiction and venue of such Court.
Please report any violations of the Terms to FIFA via the online contact form located at: https://www.fifatms.com/contact.
In the event that the provisions of these Terms conflict with the provisions of third-party terms of service on the FIFA-TMS Website, the provisions of these Terms shall prevail.