Platform Terms of Use
FIFA AUDIOVISUAL ARCHIVES
Switzerland
The Fédération Internationale de Football Association (“FIFA”, “We”, “Our”) is pleased to provide you with its FIFA AUDIOVISUAL ARCHIVES content website, and sales services (“Services”) (together, hereinafter referred to as “FIFA AUDIOVISUAL ARCHIVES Platform”). The following Terms of Use (“Terms”) apply to FIFA AUDIOVISUAL ARCHIVES Platform.
Last updated: 4 September 2023
1. ACCEPTANCE OF TERMS
1.1 By accessing, downloading, installing, or using the FIFA AUDIOVISUAL ARCHIVES Platform, 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.archives.fifa.com/on a regular basis to keep Yourself informed of any changes.
1.3 By using the FIFA AUDIOVISUAL ARCHIVES Platform, You agree that the posting of new or revised Terms on or within the FIFA AUDIOVISUAL ARCHIVES Platform shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the FIFA AUDIOVISUAL ARCHIVES Platform after any such changes or after explicitly accepting the new Terms upon logging into the FIFA AUDIOVISUAL ARCHIVES Platform shall constitute Your acceptance of such changes.
2. YOUR REGISTRATION OBLIGATIONS
2.1 Certain areas of the FIFA AUDIOVISUAL ARCHIVES Platform require registration (“Restricted Areas”). By registering to the FIFA AUDIOVISUAL ARCHIVES Platform, You acknowledge and certify 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 only be obtained and used by: (i) individuals who are at least eighteen (18) years old or of legal age in their country of residence, if such age exceeds eighteen (18); or (ii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the FIFA AUDIOVISUAL ARCHIVES Platform.
2.2 In respect of your registration information, You hereby 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 has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or FIFA otherwise reasonably considers that You have failed to comply with any provisions of these Terms, FIFA has the right to suspend or terminate Your account and refuse You any and/or all current or future use of the FIFA AUDIOVISUAL ARCHIVES Platform (or any portion thereof).
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
3.1 You will be requested to create your own password and a personal account during the registration process (as described in sections 2.1 and 2.2. You are fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under Your password and account.
3.2 You hereby agree to: (i) immediately notify FIFA of any unauthorised use of Your password or account and any other related breach of security; and (ii) ensure that You sign out of Your account at the end of each session. FIFA cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
3.3 FIFA may, in its sole discretion, including if you breach these Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the FIFA AUDIOVISUAL ARCHIVES Platform, in whole or in part; and/or (ii) deactivate or delete any of Your accounts and all related information.
4. INTELLECTUAL PROPERTY AND USE OF THE FIFA AUDIOVISUAL ARCHIVES PLATFORM
4.1 FIFA owns the copyright and all intellectual property rights in and to the FIFA AUDIOVISUAL ARCHIVES Platform, and to all audiovisual content, still images, metadata information, data, text, , still images, music, sounds, photographs, graphics, high resolution files, videos and any other material made available by FIFA through the FIFA AUDIOVISUAL ARCHIVES Platform (together the “Content”).
4.2 You recognise and accept that the FIFA AUDIOVISUAL ARCHIVES Platform is a content visualisation platform which primary purpose is to allow End Users to have access to the Content for visualisation purposes only. For that sole and exclusive purpose, FIFA grants You a limited, revocable, non-exclusive licence to access the FIFA AUDIOVISUAL ARCHIVES Platform and use the Content strictly for the purpose of using the FIFA AUDIOVISUAL ARCHIVES Platform privately for non-commercial purposes, in accordance with these Terms.
4.3 The FIFA AUDIOVISUAL ARCHIVES Platform does not facilitate the direct purchase or licence of such Content for commercial purposes to End Users. Therefore, You understand that the act of purchasing, acquiring or otherwise licensing content shall be sought separately through the execution of a written license agreement directly from FIFA (or any FIFA’s nominees) and the payment of relevant licence fees. Nothing contained in the FIFA AUDIOVISUAL ARCHIVES Platform shall constitute an offer by FIFA or a binding promise to You or a contract between FIFA and You, nor shall it be taken as constituting any representation by FIFA that a licence agreement between FIFA and You (or any other third party) will be entered related to an Content on the FIFA AUDIOVISUAL ARCHIVES Platform.
4.4 Unless You and FIFA have entered into a written licence agreement pertaining to the respective Content from the FIFA AUDIOVISUAL ARCHIVES Platform and such licence agreement indicating otherwise, FIFA Content may therefore not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, edited, modified or otherwise exploited for any other purposes than for visualisation purposes. End Users explicitly recognize that the removal or alteration of any FIFA’s logo or watermarks within the Content is strictly prohibited.
4.5 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 these Terms to use the FIFA Content (which may include some of the FIFA Marks), You agree not to display or use the FIFA Marks, the Content or any other intellectual property owned or controlled by FIFA in any other manner without FIFA’s prior written consent.
5. RIGHTS INFRINGEMENTS
FIFA respects the rights of third parties. If You believe that any of Your intellectual property rights, personality or privacy rights have been infringed on the FIFA AUDIOVISUAL ARCHIVES Platform, please provide FIFA with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) to archivesales@fifa.org.
6. MODIFICATIONS AND INTERRUPTIONS
6.1 FIFA reserves the right at any time to modify or discontinue, temporarily or permanently, the FIFA AUDIOVISUAL ARCHIVES Platform, the Services, and the 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 AUDIOVISUAL ARCHIVES Platform, the Services and/or the Content. Although FIFA will take reasonable care in ensuring that the FIFA AUDIOVISUAL ARCHIVES Platform, Services, and Content are up to date, they may be out of date at any given time, and FIFA is under no obligation to update them.
6.2 Any modification, suspension or discontinuance of the FIFA AUDIOVISUAL ARCHIVES Platform, the Services and/or the Content shall not affect any rights and obligations applicable to You as a result of You having completed an application or transaction to purchase tickets and/or other ticket-related products on the FIFA Ticketing Platform.
7. DATA PROTECTION POLICY
By accessing or using the FIFA AUDIOVISUAL ARCHIVES Platform, or submitting Your personal information to the FIFA AUDIOVISUAL ARCHIVES Platform, You agree to FIFA’s Privacy Policy set out at https://www.archives.fifa.com/privacy_policy (“Data Protection Policy”).
8. DISCLAIMERS
8.1 IF YOU ACCESS AND USE OUR FIFA AUDIOVISUAL ARCHIVES PLATFORM, YOU DO SO AT YOUR SOLE RISK. THE FIFA AUDIOVISUAL ARCHIVES PLATFORM, THE SERVICES, OR THE 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, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, SUBJECT TO MANDATORY APPLICABLE LAW.
8.2 FIFA MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE FIFA AUDIOVISUAL ARCHIVES PLATFORM, THE SERVICES, OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE FIFA AUDIOVISUAL ARCHIVES PLATFORM, THE SERVICES, OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FIFA AUDIOVISUAL ARCHIVES PLATFORM, THE SERVICES, OR THE CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE FIFA AUDIOVISUAL ARCHIVES PLATFORM, THE SERVICES; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
8.3 ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED AND/OR ACCESSED THROUGH THE USE OF THE FIFA AUDIOVISUAL ARCHIVES PLATFORM, THE SERVICES, OR THE 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.
8.4 COMMENTARY AND OTHER MATERIALS POSTED ON OR WITHIN THE FIFA AUDIOVISUAL ARCHIVES PLATFORM, THE SERVICES, OR THE CONTENT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIFA, OR THROUGH OR FROM THE FIFA AUDIOVISUAL ARCHIVES PLATFORM, THE SERVICES, OR THE CONTENT, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FIFA DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE FIFA AUDIOVISUAL ARCHIVES PLATFORM OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR FIFA CONTENT.
9. INDEMNIFICATION
You agree, to the maximum extent permitted under the applicable law, 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 without limitation reasonable legal fees, that may arise in connection with: (i) Your use of and access to the FIFA AUDIOVISUAL ARCHIVES Platform, the Services, or the Content as well as Your connection to the FIFA AUDIOVISUAL ARCHIVES Platform, Services or the Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your submissions or any other use of the FIFA AUDIOVISUAL ARCHIVES Platform, the Services, or the Content, by You infringes any intellectual property, other proprietary or personality right of such third party or has otherwise caused damage to a third party.
10. LIMITATION OF LIABILITY
10.1 You agree, to the maximum extent permitted under the applicable law, 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 without limitation reasonable legal fees, that may arise in connection with: (i) Your use of and access to the FIFA AUDIOVISUAL ARCHIVES Platform, the Services, or the Content as well as Your connection to the FIFA AUDIOVISUAL ARCHIVES Platform, the Services or the Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your submissions or any other use of the FIFA AUDIOVISUAL ARCHIVES Platform, the Services, or the Content, by You infringes any intellectual property, other proprietary or personality right of such third party or has otherwise caused damage to a third party.
10.2 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 AUDIOVISUAL ARCHIVES Platform or the Content, must be filed within one (1) year of such claim or cause of action.
11. EXCLUSIONS AND LIMITATIONS
11.1 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 under Sections 9 and 10 may not apply to You, although they shall apply to the maximum extent permitted by law.
11.2 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 by FIFA or any other liability (e.g. for intent or gross negligence), which cannot be excluded or limited under applicable law.
12. GENERAL INFORMATION
12.1 In the event that the provisions of these Terms conflict with the provisions of third-party terms of service on the FIFA AUDIOVISUAL ARCHIVES Platform, the provisions of these Terms shall prevail.
12.2 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.
12.3 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.
12.4 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.
12.5 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 Court of Commerce (Handelsgericht) in Zurich.
13. VIOLATIONS
Please report any violations of the Terms to FIFA via: archivesales@fifa.org.