FIFA Museum AG
The FIFA Museum AG (“FIFA Museum”, “We”, “Our”) is pleased to provide you with its website www.fifamuseum.com (“FIFA Museum Website”) and the FIFA Museum Application (the “FIFA Museum App”) (together hereinafter referred to as “FIFA Museum Digital Platforms”), including any services, content and software (“Services”), subject to the following Terms of Service and any documents referred to in them ("Terms").
1. ACCEPTANCE OF TERMS
1.1 By accessing, downloading, installing, or using the FIFA Museum Digital Platforms, 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 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 http://www.fifamuseum.com/about/legal/terms-of-service/ on a regular basis to keep Yourself informed of any changes.
1.3 By using the FIFA Museum Digital Platforms, You agree that the posting of new or revised Terms on or within the FIFA Museum Digital Platforms shall constitute adequate and effective notice to You of any and all revisions and changes, provided that, if You have registered a user account to access Restricted Areas, pursuant to Section 2 below, and thus explicitly accepted these Terms, FIFA Museum shall notify You of any new or revised Terms by appropriate means (e.g. pop-ups upon first login following such change). Continued use of the FIFA Museum Digital Platforms after any such changes or after explicitly accepting the new Terms upon logging into the FIFA Museum Digital Platforms, if You have registered a user account, 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 Service concerned. In using such Services, You agree to be bound by the terms then in force, as notified to You by FIFA Museum upon Your first use of such Services. 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 Service concerned.
2. YOUR REGISTRATION OBLIGATIONS
2.1 Certain areas of the FIFA Museum Digital Platforms 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 persons who are at least 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 FIFA Museum Digital Platforms.
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 the FIFA Museum has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or if the FIFA Museum otherwise reasonably considers that You have failed to comply with any provisions of these Terms, the FIFA Museum has the right to suspend or terminate Your account and refuse You access to any and all current or future use of the FIFA Museum Digital Platforms (or any portion thereof).
2.4 You may not access or use the FIFA Museum App if you do not comply with the Google Terms or Apple Terms. These Terms shall prevail in case of contradiction with the Google Terms or Apple Terms.
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 2.1 and 2.2). 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. FIFA Museum shall be allowed to consider any use of Your account as undertaken by Yourself.
3.2 You agree to: (i) immediately notify the FIFA Museum of any unauthorised use of Your password or account and any other breach of security; and (ii) ensure that You log out from Your account at the end of each session. FIFA Museum cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.
4. SUPERVISING CHILDREN
The safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence, are of great concern to the FIFA Museum. For this reason, parents/guardians who wish to allow their children access to the FIFA Museum Digital Platforms must review and accept these Terms and assist such children with the setting up of any relevant accounts, as well as supervise their access to the FIFA Museum Digital Platforms. By allowing Your child access to the FIFA Museum Digital Platforms, You agree to be bound by these Terms, and acknowledge that he or she will be able to access all of the FIFA Museum Digital Platforms, 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 Museum Digital Platforms are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is Your responsibility to determine whether any of the FIFA Museum Digital Platforms and/or information, data, text, software, music, sound, photographs, graphics, video, messages, feeds offered through the FIFA Museum Digital Platforms (“FIFA Museum Feeds”), application programming interface (“FIFA Museum API”), and any other material on the FIFA Museum Digital Platforms (“Content”) are appropriate for Your child. You remain responsible and liable for all acts of Your child.
The FIFA Museum Digital Platforms include Content: (i) provided by the FIFA Museum (“FIFA Museum Content”); (ii) that is uploaded, posted, submitted or otherwise transmitted by Users of the FIFA Museum Digital Platforms (“User Submissions”); and (iii) that is uploaded, posted, submitted or otherwise transmitted by third parties (“Third-Party Content”).
(i) FIFA Museum Content
5.1 All FIFA Museum Content, including FIFA Museum Feeds, is owned by, or licensed to, the FIFA Museum. FIFA Museum 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 FIFA Museum Digital Platforms. For that sole and exclusive purpose, the FIFA Museum grants to You a limited, revocable, non-exclusive licence to access and use the FIFA Museum Digital Platforms privately for non-commercial purposes, in accordance with these Terms.
(ii) User Submissions
5.2 You retain all rights in any User Submission that You provide to the FIFA Museum Digital Platforms. You shall be solely responsible for Your own User Submissions and the consequences of uploading them.
5.3 The FIFA Museum Digital Platforms provide in some cases unfiltered access to User Submissions. You understand and agree that the FIFA Museum only acts as a platform for such User Submissions and that We accept no liability related to such content posted on the FIFA Museum Digital Platforms, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. The FIFA Museum cannot, nor does it undertake any obligation to control User Submissions. By their very nature, User Submissions on the FIFA Museum Digital Platforms are changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively mislabelled. The FIFA Museum does not make any representation or warranty, express or implied, as to User Submissions.
5.4 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libellous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You in particular represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use their name or likeness.
5.5 You grant to the FIFA Museum an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the FIFA Museum Digital Platforms or the FIFA Museum’s (and its successor’s) business, including, without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the FIFA Museum Digital Platforms a non-exclusive licence to access and use Your User Submissions through the FIFA Museum Digital Platforms.
5.6 You understand and agree that the FIFA Museum has no obligation to post any User Submission from You or anyone else. In addition, the FIFA Museum may, in its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the FIFA Museum Digital Platforms 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 Terms. In particular, the FIFA Museum reserves the right to determine the final design, layout and functionality of the FIFA Museum Digital Platforms, which may involve the review, formatting and editing of User Submissions.
(iii) Third Party Content
5.7 Your business dealings with, or participation in promotions of, any advertisers and merchants found on or through the FIFA Museum Digital Platforms, 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) the FIFA Museum 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 Museum Digital Platforms; and (ii) any orders placed by You on, and any product specifications and product availability appearing on, the FIFA Museum Digital Platforms (including, without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
5.8 Third parties may provide, and the FIFA Museum Digital Platforms may contain, APIs, links or feeds from or to other websites or resources. Because the FIFA Museum has no control over such sites and resources, You acknowledge and agree that the FIFA Museum 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 the FIFA Museum 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.
5.9 In the event that You wish to establish a link to the FIFA Museum Digital Platforms, You expressly agree: (i) not to include the FIFA Museum Digital Platforms into the frame of another website; (ii) not to create any third-party association with the FIFA Museum Digital Platforms; (iii) to properly attribute the FIFA Museum Digital Platforms referred to in Your link to the FIFA Museum; and (iv) to ensure that the link does not state or imply that the FIFA Museum approves, sponsors or endorses any other website activity, company, resource or entity, or presents the FIFA Museum and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages the FIFA Museum’s reputation or takes advantage of it.
Irrespective of the promise made by You to the FIFA Museum in Section 5.9 regarding the misappropriation and/or any potential confusion in respect of Third-Party Content, the link to the FIFA Museum Digital Platforms does not permit You to use any FIFA Museum Content 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 the FIFA Museum Marks (see Section 6 below), please send Your request to www.fifadigitalarchive.com. For the avoidance of doubt, any usage of the FIFA Museum Marks is subject to FIFA Museum’s prior written approval acting in its sole discretion, and any such approval shall be subject to any further terms and conditions as may be imposed by FIFA Museum in its absolute discretion.
The FIFA Museum reserves the right to require You at any time to remove any link to the FIFA Museum Digital Platforms.
5.10 If You wish to use or display any FIFA Museum Feeds/FIFA Museum APIs on Your website:
(a) The FIFA Museum 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 Museum Feed/FIFA Museum API does not state or imply that the FIFA Museum approves, sponsors or endorses any other website activity, company or entity, resource, content, or presents the FIFA Museum and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages the FIFA Museum’s reputation or takes advantage of it; and (ii) to properly attribute the FIFA Museum Feeds used to the FIFA Museum to avoid any misappropriation or confusion;
(c) where possible, You must create a functional link back to the FIFA Museum story or other material summarised by the relevant FIFA Museum Feed.
6. TRADEMARK AND COPYRIGHT INFORMATION
6.1 The name of the FIFA Museum, the FIFA Museum logo, the emblems and mascots of FIFA Museum events, including official FIFA Museum logos, FIFA Museum event marks and product and service names are the trademarks, copyright and other intellectual property material of the FIFA Museum (the “FIFA Museum Marks“). Aside from the right granted to You under Section 5.10 to use the FIFA Museum Feeds/FIFA Museum APIs (which may include certain of the FIFA Museum Marks), You agree not to display or use the FIFA Museum Marks in any other manner without FIFA Museum’s prior written permission and subject always to any further terms and conditions required by FIFA Museum acting in its sole discretion.
6.2 Certain Content on the FIFA Museum Digital Platforms 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. The FIFA Museum 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 relevant rights holder for additional information.
7. COPYRIGHTS AND COPYRIGHT AGENTS
The FIFA Museum respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the FIFA Museum Digital Platforms, please provide the FIFA Museum with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via the contact email address at http://www.fifamuseum.com/about/contact-us/ or by post to FIFA Museum AG, Seestrasse 27, 8027 Zurich, Switzerland.
8. MODIFICATIONS TO SERVICE
The FIFA Museum reserves the right at any time to modify or discontinue, temporarily or permanently, the FIFA Museum Digital Platforms, the Services, the FIFA Museum Content, the User Submissions, and the Third-Party Content (or any part thereof) with or without notice. You agree that the FIFA Museum shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the FIFA Museum Digital Platforms, Services, FIFA Museum Content, User Submissions, and Third-Party Content. Although the FIFA Museum will take reasonable care in ensuring the FIFA Museum Digital Platforms, the Services, and the FIFA Museum Content are up to date, any of the FIFA Museum Digital Platforms, the Services, and the FIFA Museum Content may be out of date at any given time, and the FIFA Museum is under no obligation to update it.
The FIFA Museum may, in its sole discretion and without liability to You or to any third party, 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: (i) terminate Your access (whether restricted or not) to the FIFA Museum Digital Platforms 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 FIFA MUSEUM DIGITAL PLATFORMS, YOU DO SO AT YOUR SOLE RISK. THE FIFA MUSEUM DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA MUSEUM CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FIFA MUSEUM 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, SUBJECT TO MANDATORY APPLICABLE LAW.
11.2 THE FIFA MUSEUM MAKES NO WARRANTY OR REPRESENTATION THAT: (I) THE FIFA MUSEUM DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA MUSEUM CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE FIFA MUSEUM DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA MUSEUM CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FIFA MUSEUM DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA MUSEUM 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 MUSEUM DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA MUSEUM CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE FIFA MUSEUM CONTENT WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED AND/OR ACCESSED THROUGH THE USE OF THE FIFA MUSEUM DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA MUSEUM 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, STREAMING OR OTHER METHOD OF OBTAINING AND/OR ACCESSING OF ANY SUCH MATERIAL.
11.4 COMMENTARY AND OTHER MATERIALS POSTED ON OR WITHIN THE FIFA MUSEUM DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA MUSEUM CONTENT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FIFA MUSEUM, OR THROUGH OR FROM THE FIFA MUSEUM DIGITAL PLATFORMS, THE SERVICES, OR THE FIFA MUSEUM CONTENT, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND THE FIFA MUSEUM DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE FIFA MUSEUM DIGITAL PLATFORMS OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR FIFA MUSEUM CONTENT.
You agree, to the maximum extent permitted under the applicable law, to indemnify and hold the FIFA Museum 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 FIFA Museum Digital Platforms, the Services, or FIFA Museum Content, including without limitation any content, or User Submission, as well as Your connection to the FIFA Museum Digital Platforms, Services or FIFA Museum Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the FIFA Museum Digital Platforms, Services, or FIFA Museum Content, by You infringes any intellectual property, other proprietary, personality 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 the FIFA Museum shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, revenues, goodwill, use, data or other intangible losses (even if the FIFA Museum has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the FIFA Museum Digital Platforms, Services, or FIFA Museum Content; (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 FIFA Museum Digital Platforms; (iii) unauthorised access to, or alteration of, Your transmissions of data; (iv) statements or conduct of any third party on the FIFA Museum Digital Platforms, Services, or FIFA Museum Content; (v) results of the FIFA Museum Digital Platforms, Services, or FIFA Museum Content, any of the FIFA Museum Digital Platforms, Services, or FIFA Museum Content linked to them and any materials posted on them; or (vi) any other matter relating to the FIFA Museum Digital Platforms, Services, or FIFA Museum 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 Museum Digital Platforms, Services, or FIFA Museum Content, must be filed at the competent court 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 the FIFA Museum or any other liability which cannot be excluded or limited under applicable law.
Notices to You will be made, at Our sole discretion, via either email or post to the relevant email address or postal address provided by You to the FIFA Museum from time to time, or as described below.If We amend these Terms in any way, We shall place an updated version on this page of the FIFA Museum Website. The FIFA Museum Website and/or the FIFA Museum App 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 FIFA Museum Digital Platforms (e.g. pop-ups).
16. GENERAL INFORMATION
16.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between You and the FIFA Museum in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and the FIFA Museum, 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, the FIFA Museum Marks or third-party software.
16.2 Any failure by the FIFA Museum 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. The FIFA Museum 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.
16.5 The Terms and the relationship between You and the FIFA Museum shall be governed by the substantive laws of Switzerland. All disputes in connection with these Terms shall be resolved by the exclusive jurisdiction of the competent courts of the City of Zurich 1.
16.6 These Terms have been drafted in English and have been translated into 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 the FIFA Museum via the contact email address at http://www.fifamuseum.com/about/contact-us/ or by post to FIFA Museum AG, Seestrasse 27, 8027 Zurich, Switzerland.