Terms of Service
Fédération Internationale de Médecine du Sport (FIMS)
International Federation of Sports Medicine (FIMS)
Maison du Sport International
Av. de Rhodanie 54
Welcome to FIMS.org ("the Website"). International Federation of Sports Medicine (FIMS) provides the Website, including any Content (defined below), to you, subject to the following Terms of Service and any documents referred to in them ("TOS"), which may be updated by FIMS from time to time without notice to you. By accessing the Website and/or any pages thereof, you signify your agreement with and understanding of the TOS and any changes to them. If you do not agree to the TOS, do not access the Website.
In addition to the TOS, when using particular FIMS services, you and FIMS shall be subject to any guidelines and rules applicable to such services which may be posted by FIMS from time to time. All such guides and rules are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Website and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail. FIMS may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply. Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to the TOS. To the extent of any inconsistency between the TOS and any other terms of service, those other terms of service will prevail.
2. YOUR RESPONSIBILITY FOR INTERNET ACCESS
In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the TOS, and that they comply with them.
3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
Certain areas of the Website will require registration. In respect of your use of these areas of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide, or FIMS has reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete, or FIMS otherwise reasonably considers that you have failed to comply with any provisions of these TOS, FIMS has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
FIMS is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Website should assist them in setting up any relevant accounts and supervise their 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 children unsupervised. 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 ( "FIMS Feeds") and any other material on the Website ("Content") are appropriate for your child.
4. UPLOADING MATERIAL TO OUR SITE
Whenever you upload material to the Website, or use the Website to make contact with other users of the Website (such related material hereinafter referred to as "User Submissions") you shall be solely responsible for your own User Submissions and the consequences of uploading them.
You warrant, represent and undertake that: (i) you own or have the necessary licences, rights, consents and permissions to use and authorise FIMS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these TOS; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these TOS.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to FIMS, you hereby grant FIMS a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website or FIMS's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive licence to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these TOS as if it were Content.
You further agree that you will not: (i) submit material that is subject to copyright laws, protected by trade secret or otherwise subject to third party intellectual property or any other proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FIMS all of the licence rights granted herein; (ii) publish falsehoods or misrepresentations that could damage FIMS or any third party in any way; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, do not comply with any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. FIMS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FIMS expressly disclaims any and all liability in connection with User Submissions.
Without affecting the scope of Section 10 of the TOS, FIMS has the right to remove any User Submission uploaded by you and/or terminate your access to the Website 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 TOS.
FIMS also has the right to disclose your identity to any third party who claims that any of your User Submissions infringes their intellectual property rights, or their right to privacy, or to regulatory or law enforcement or other state authorities.
You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that FIMS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FIMS with respect thereto.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing any registration process (as described in Section 3 of these TOS). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FIMS of any unauthorised use of your password or account and any other breach of security; and (b) ensure that you exit from your account at the end of each session. FIMS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
You agree to indemnify and hold FIMS 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, including without limitation any Content, or User Submission uploaded by you, as well as your connection to the Website; (ii) your failure to comply with any provision of the TOS; or (iii) any claim by a third party that any of your User Submissions or 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.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Website, use of the Website, or access to the Website, without the prior written consent of FIMS. Should you be interested in reproducing, duplicating or copying any of the content of the Website, please use the contact format this website.
9. MODIFICATIONS TO SERVICE
FIMS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that FIMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Although FIMS 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 FIMS is under no obligation to update such Content.
You agree that FIMS may in its sole discretion, terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if FIMS believes that you have violated or otherwise not complied with any provision of, the TOS. FIMS may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FIMS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that FIMS shall not be liable to you or any third-party in any way for any termination of your access to the Website.
11. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or 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. To the fullest extent permitted by applicable law, you agree that: (a) FIMS 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 and merchants on the Website, and (b) 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.
You agree to destroy any Content (including without limitation any FIMS Feed) and any copies thereof displayed on your website or otherwise held by you as soon as practicable following receipt of a request from FIMS to do so.
12. LINKS AND FIMS FEEDS
The Website may provide, or third parties may provide, links or FIMS Feeds to other websites or resources. Because FIMS has no control over such sites and resources, you acknowledge and agree that FIMS 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, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FIMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services or any other material available on or through any such site or resource.
In the event that you wish to establish a link to the Website, you expressly agree: (a) not to include the Website into the frame of another website; (b) not to create any third party association with the Website; (c) to ensure that the link does not state or imply that FIMS approves of, sponsors or endorses any other website activity, company or entity, or presents FIMS and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages FIMS's reputation or takes advantage of it; and (d) to use the FIMS.org logo if possible, which can be requested at www.FIMSdigitalarchive.com.
The link to the Website does not permit you to use any FIMS and/or third party content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder.
FIMS reserves the right to require you to remove any link to the Website without notice.
If you wish to use or display any FIMS Feeds on your website:
- FIMS grants you a non-transferable, royalty free non-exclusive licence to display FIMS Feeds on your website subject to these TOS;
- you expressly agree: (i) to ensure that the FIMS Feed does not state or imply that FIMS approves of, sponsors or endorses any other website activity, company or entity, or presents FIMS and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages FIMS's reputation or takes advantage of it; and (ii) to use the FIMS.org logo if possible, which can be requested at www.FIMSdigitalarchive.com; and
- where possible you must create a functional link back to the FIMS story or other material summarised by the relevant FIMS Feed.
13. PROPRIETARY RIGHTS
You acknowledge and agree that the Website, any necessary software used in connection with the Website ("Software"), and the Content, including without limitation the Content contained in any sponsor advertisements or information presented to you through the Website or advertisers the trademarks, service marks and logos contained in the Content, except all User Submissions, are owned by or licensed to FIMS, and contain proprietary and confidential information that is protected by applicable intellectual property and other laws. FIMS has absolute editorial control over all such Content. FIMS grants you permission to view, store, print, reproduce and distribute any pages or download any material from the Website for personal non-commercial use only provided that (a) FIMS's status (and that of any identified contributors) as the authors of the Content is always acknowledged; (b) you include a link to these TOS with any reproduction; and (c) such Content is displayed in accordance with any relevant requirements as may be notified to you by FIMS from time to time. Except as expressly authorised by FIMS or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
FIMS grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software for the purposes of using the Website in the manner permitted by these TOS, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Website. You agree not to access the Website by any means other than through the interface that is provided by FIMS for use in accessing the Website.
14. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence in a number of different jurisdictions. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE WEBSITE, AND ANY FEEDS FROM IT, IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY FEEDS FROM IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIMS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- FIMS MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE WEBSITE, OR ANY FEEDS FROM IT, 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, OR ANY FEEDS FROM IT, 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 SOFTWARE WILL BE CORRECTED.
- 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 AND THAT 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.
- 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 FIMS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS AND FIMS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FIMS 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 FIMS 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) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) RESULTS OF THE WEBSITE, ANY WEBSITES 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 USE OF THE WEBSITE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.
17. 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 15 AND 16 MAY NOT APPLY TO YOU.
NOTHING IN THESE TOS 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 FIMS OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notices to you may be made via either email or by post at the relevant email or postal address provided by you to FIMS from time to time. The Website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website.
19. TRADEMARK AND COPYRIGHT INFORMATION
- FIMS, the FIMS logo, the emblems and mascots of FIMS events including the emblem and mascot of the 2010 FIMS World Cup South Africa™ and other FIMS logos and product and service names are trademarks and copyright material of FIMS (the "FIMS Marks"). You agree not to display or use the FIMS Marks in any manner without FIMS's prior written permission.
- Certain information on the Website is provided by Reuters Limited. Copyright © Reuters Content is the intellectual property of Reuters Limited. Any copying, re-publication or re-distribution of Reuters Content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Reuters, Reuters Dotted Logo and the Sphere Logo are trademarks and registered trademarks of the Reuters Group of companies around the world. For additional information on other Reuters Services please visit the Reuters public web site.
- Certain information on the Website is provided by AFP. © AFP 2007. All rights of reproduction and distribution reserved. All information displayed on this section (dispatches, photographs, logos) are protected by intellectual property rights owned by Agence France-Presse. As a consequence, you may not copy, reproduce, modify, transmit, publish, display or in any way commercially exploit any of the content of this section without the prior written consent of Agence France-Presse.
- Certain information on the Website is provided by Infostrada BV. © Infostrada Sports 2007. Any copying, re-publication or re-distribution of Infostrada Sports Content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Infostrada Sports. Infostrada Sports shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. For additional information on services please visit the Infostrada Sports public web site at http://www.infostradasports.com/.
20. COPYRIGHTS and COPYRIGHT AGENTS
FIMS respects the intellectual property of others. If you believe that any of your intellectual property rights have been infringed on the Website, please provide FIMS with the following information via the contact form athttp://www.FIMS.org/contact/form.html.
- an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant right which is allegedly infringed;
- a description of each work subject to the relevant rights that you claim have been infringed;
- a description of the material that you claim is infringing and where that material is located on the site;
- your address, telephone number, and email address and such other information as may be reasonably required by FIMS to enable FIMS to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the rights owner, its agent, or the law;
- a statement by you that the above information is accurate and that you are the rights owner or authorised to act on the rights owner's behalf.
21. GENERAL INFORMATION
These TOS (including the guides and rules and other terms referred to herein) constitute the entire agreement between you and FIMS in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and FIMS, 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.
The TOS and the relationship between you and FIMS shall be governed by the laws of Switzerland. All disputes in connection with these TOS are to be resolved, to the exclusion of the ordinary courts, by a three person Arbitral Tribunal in accordance with the International Arbitration Rules of the Swiss Chamber of Commerce, one arbitrator to be appointed by each of the parties. The proceedings will be conducted in English and will take place in Zurich.
Any failure by FIMS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.
You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these TOS. FIMS may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these TOS to any third party at any time without your consent (such consent hereby being given).
Please report any violations of the TOS to FIMS via the contact form at http://www.FIMS.org