Terms & Conditions for Service and Use / Privacy Policy
Last Update: January 1st 2015
F"d"ration Internationale de Natation (FINA)
Avenue de l"Avant-Poste
1005 Lausanne
Switzerland
The F"d"ration Internationale de Natation ("FINA", "We", "Our") is pleased to provide you its website of the FINA Brand Guidelines (www.FINA-guidelines.com) (the "Website"), including any services, content and software (the "Services"), subject to the following Terms of Service and any documents referred to in them (the "Terms").
1.
ACCEPTANCE OF TERMS
1.1.
By accessing or using the Website and Services, 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.
FINA reserves the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at http://FINA-guidelines.com/terms-and-conditions on a regular basis to keep Yourself informed of any changes.
1.3.
By using the Website and Services, You agree that the posting of new or revised Terms on or within the Website shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Website and Services 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 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 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.
2.2
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)
individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the Website.
2.3
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 FINA has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or FINA otherwise reasonably considers that You have failed to comply with any provisions of these Terms, FINA 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.
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). 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 FINA 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. FINA cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.
4.
CONTENT
The Website includes Content:
4.1
FINA Material
a)
The FINA Material includes any FINA Marks and the FINA Brand Guidelines.
b)
All FINA Material within the Website is owned by FINA, in accordance with clause 5 of these Terms.
c)
FINA grants to You a limited, revocable, non-exclusive license to use the FINA Content as provided by FINA, in accordance with these Terms and in separated a private Agreement.
d)
FINA has the right to withdraw the right of use of the FINA Material at any time and for any reason.
e)
You must comply at any time with FINA Brand Guidelines when using the Services and the FINA Material.
4.2
Website Content
a)
All Content of the Website, including FINA feeds, is owned by, or licensed to, FINA.
b)
The Website 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 FINA Brand Guidelines Website.
c)
For that sole and exclusive purpose, FINA grants to You a limited, revocable, non-exclusive license to access and use the Website privately for non-commercial purposes, in accordance with these Terms.
5.
TRADEMARK AND COPYRIGHT INFORMATION
5.1
All FINA trademaks, including but not limited to the FINA logo, the emblems and mascots of FINA events, and any related FINA event marks and product and service names are trademarks and copyright material of FINA (the "FINA Marks").
5.2
You undertake and agree that any and all past, present and future intellectual property rights (including copyright) in or relating to the FINA Logo or any FINA trademarks (including any rights in artistic works, creations, designs, trademarks or logos developed by or on behalf of FINA, any rights in and relating to the materials created by or on behalf of the host broadcaster and any name, URL, identifier, locator, hashtag or other means by which digital media platforms and channels relating to the Event including all forms of social media are identified, located, accessed and/or utilised including by the general public) ("Digital Media Identifiers") together with all rights to sue for past, present and future infringements ("Intellectual Property Rights") shall remain in the absolute ownership of FINA.
6.
MODIFICATIONS TO SERVICE
6.1
FINA reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and the FINA Content, with or without notice.
6.2
You agree that FINA shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the Website and FINA Content.
6.3
Although FINA will take reasonable care in ensuring the Website and the FINA Content are up to date, any of the Website and the FINA Content may be out of date at any given time, and FINA is under no obligation to update it.
7.
PRIVACY POLICY
By using the Website and the FINA Content, You or any person You allow to access and use Your account may provide FINA with, or FINA collects certain personal data, including the Registration Data and certain other information about You.
By accessing or using the Website, or submitting Your personal information to the Website, You agree to FINA's use of such data in accordance with the FINA Privacy Policy set out here below ("Privacy Policy").
7.1
International Transfer: Your information is processed in Switzerland, and may be stored and used elsewhere depending on the location of affiliates, business partners, and other entities who are permitted to access such information under the terms of this Privacy Policy (and such locations may include countries which may not afford the same level of protection of such data as the country from which you provided the information). By accessing or using the Website or submitting personal information to us, you specifically agree to that transfer and any related purposes.
7.2
The collection of information and how We use it: The main reason why FINA collects information is to provide and improve the Website, Services, or FINA Content, their features, to administer Your membership, and to enable Users to enjoy and easily navigate the Website.
7.3
The information We collect from You: FINA collects information when You register for an account. The information collected may include but is not limited to the following personal information: email address, last name, first name, screen name and password.
7.4
Cookies: When visiting and using the Website and Services, We will use "cookies" to collect information. Cookies are small data files, which are transferred to a computer"s hard disk in order to memorize information like registration IDs and passwords. A cookie will typically contain the name of the domain from which the cookie has originated, the "lifetime" of the cookie and various values.
7.5
Automatic Information: FINA automatically collects some information about Your computer when You visit and/or use the Webiste and Services, regardless of whether You have registered for an account or not by just browsing Our servers. For example, FINA will collect Your IP address, Web browser software, country code, pages visited, action performed, and referring website. We also may collect information about Your location or Your online activity on the Website and Services. Collecting this information helps FINA customize Your user experience and to monitor and analyze Your use of the Website and the Services. This information is also used for the FINA Digital Platforms" technical administration and for the optimization of the FINA Digital Platforms" usability and functionalities.
7.6
Acceptance to use Your information: In using the Website and Services, You expressly entitle FINA to collect and process Your information. You may always revoke Your consent by deleting Your account.
7.7
Phishing: Identity theft and the practice currently known as "phishing" are of great concern to FINA. Safeguarding information to help protect You from identity theft is a top priority. We do not and will not, at any time, request Your account ID, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
7.8
Information Sharing and Disclosure: FINA may send information about You to third parties when: (i) we need to share Your information; (ii) We provide the information to companies who work on behalf of FINA under confidentiality agreements; (iii) We respond to subpoenas, court orders or legal process; or (iv) We believe it is necessary, as determined in Our sole discretion, to investigate, prevent, or take action regarding illegal activities, suspected fraud, emergency situations involving potential threats to the physical safety of any person, violations of Our Terms, or as otherwise required by law.
7.9
Security: We want You to feel confident about using the Website and Services. For that reason, We have implemented reasonable technical and organizational measures designed to secure Your information from accidental loss and from unauthorized access, use, alteration or disclosure. However, the Internet is an open system and We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your information for improper purposes. If You communicate with FINA by email, You should note that the secrecy of Internet email is uncertain. By sending sensitive or confidential email messages or information which are not encrypted You accept the risk of such uncertainty and possible lack of confidentiality over the Internet.
7.10
Updating/deleting Your information: You may review, correct, update, change or delete Your personal information at any time by accessing Your account on the Website. We will accommodate Your request for deletion, if We do not have any legal obligation to retain the record.
7.11
Links to other websites: If any part of the Website link to other websites, those websites do not operate under this Privacy Policy. If You choose click on another third party link, You will be directed to that third party"s website. We do not exercise control over third party websites and therefore recommend You examine the privacy statements posted on these other websites to understand their procedures for collecting, using and disclosing personal information.
8. TERMINATION
FINA may, in its sole discretion and without liability to You, with or without cause, in particular if you do not comply with these Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) 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.
9.
DISCLAIMERS
9.1
If You access and use the Website and the Services, You do so at your sole risk. The Website, the Services, or the FINA Content is provided on an "as is" and "as available" basis. FINA 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.
9.2
FINA makes no warranty or representation that: (i) the Website, the Services, or the FINA Content will meet your requirements; (ii) the Website, the Services, or the FINA Content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Website, the Services, or the FINA Content will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Website, the Services, or the FINA Content will meet your expectations; and (v) any errors in the content will be corrected.
9.3
Any material downloaded or otherwise obtained through the use of the Website, the Services, or the FINA 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.
10.
INDEMNIFICATION
You agree to indemnify and hold FINA 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, the Services, or FINA Content, as well as Your connection to the Website, Services or FINA Content;
(ii)
Your failure to comply with any provision of the Terms; or
(iii)
any claim by a third party that any of your use of the Website, Services, or FINA 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.
11.
LIMITATION OF LIABILITY
You expressly acknowledge and agree that FINA 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 FINA has been advised of the possibility of such damages), resulting from:
(i)
the use or the inability to use the Website, Services, or FINA Content;
(ii)
unauthorized access to, or alteration of, Your transmissions of data;
(iii)
results of the Website, Services, or FINA Content, any of the Website, Services, or FINA Content linked to it and any materials; or
(iv)
any other matter relating to the Website, Services, or FINA 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 FINA Brand Guidelines Website, Services, or FINA Content, must be filed within one (1) year after such claim or cause of action first arose.
12.
EXCLUSIONS AND LIMITATIONS
12.1
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.
12.2
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 FINA or any other liability which cannot be excluded or limited under applicable law.
13.
NOTICES
13.1
Notices to You will be made via either email or post to the relevant email address or postal address provided by You to FINA from time to time.
13.2
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 or within the Website.
14.
GENERAL INFORMATION
14.1
Waiver. Any failure by FINA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
14.2
Severability. 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.
14.3
Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
14.4
Assignment. You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. FINA 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
Governing Law. The use of the Service, as well as any dispute or claim in connection with such use shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved definitively in accordance with the Code of sports-related arbitration and the laws of Switzerland. The Panel will consist of one arbitrator. The language of the arbitration will be English.
15. VIOLATIONS
Please report any violations of the Terms of the Service to FINA via the online contact form located at: http://FINA-guidelines.com/contact