FIBA Information System - General Terms and Conditions of Use

1. Scope of application

1.1 The following general terms and conditions of use (hereinafter "GTC") applies to the use of the Information System (as defined below). By accessing and/or using an Information System made available by FIBA (see definition below), the users (hereinafter the "User(s)") agree to respect the GTC. The GTC can be changed at any time by the Fédération Internationale de Basketball ("FIBA") or its affiliates.

2. Object

2.1 FIBA manages various information systems for the purpose of processing, publishing, and sharing information and/or documents for the efficient operation of basketball related activities with Users listed by FIBA (hereinafter "Information System").

3. Grant of rights and access control

3.1 Subject to User's express approval of the present GTC, FIBA hereby grants to the User a non-exclusive, non-transferable and non-assignable right to access and use the Information System on the terms and conditions set out in these GTC.

3.2 The User hereby agrees and acknowledges that the rights of access and use of the Information System are granted by FIBA personally and only to the User in accordance with the authentication process set out in these GTC.

3.3 The Users might be requested to submit to FIBA various documents confirming their right of representation.

3.4 Once the relevant documents have been submitted to FIBA, the login name and password ("Credentials") shall be communicated to the relevant User personally at the email address provided by the User.

3.5 The Information System services shall become available to the User upon notification of his/her personal Credentials.

3.6 The User shall at all times keep confidential and not disclose to any third party its Credentials and shall immediately notify FIBA if he/she knows or has grounds for suspecting that any Credentials have become known to anyone other than the User. In these circumstances the User shall immediately change the password. If necessary, the User must request new Credentials from FIBA.

3.7 FIBA reserves the right to deny, cancel and/or refuse access to the User, without reasons, but in particular if FIBA determines, in its sole discretion that such access is or may be damaging to FIBA's interests and/or the Information System.

4. Technical requirements

4.1 The User shall be fully responsible for ensuring that the User's computer and/or User’s computer system complies with all applicable laws and reasonable security precautions.

4.2 The User shall be fully responsible for the compatibility of the hardware and software used for connecting to the Information System and for all backup arrangements.

4.3 FIBA disclaims any responsibility for any defects which may exist or for any costs, loss of profit, loss of data or consequential losses arising from User's breach of these technical requirements.

5. Use of the Information System

5.1 The User shall use the Information System only in a manner consistent with the GTC and in accordance with the guidelines provided by FIBA and generally in such a way as to ensure compliance with all applicable laws and regulations, in particular with regards to copyright, trademark, privacy, defamation, data protection and other standards or laws addressing the disclosure of confidential or private information.

5.2 In the event of any unauthorised use of the Information System, FIBA reserves the right to immediately suspend, restrict or terminate the access to the Information System for any User.

6. FIBA Content

6.1 The Users might upload content on the Information System ("User Content"). In this case, the user remains liable for the User Content uploaded and shall obtain all the prior clearances related to the information uploaded, especially in regard to data protection law. FIBA is entitled to require at any time the written acceptance of any data subjects. Furthermore, the User shall hold FIBA harmless from any claims from third parties related to the User Content.

6.2 "FIBA Content" means all information and material of whatever nature (including without limitation all data, databases, statistics, documents, files, pictures, trademarks, User Content, logos and trade secrets whether created or assembled by FIBA and its employees or its independent contractors) available or displayed on the Information System.

6.3 The User hereby acknowledges and agrees that FIBA Content is for the User's personal and professional use only and shall be treated as confidential information and not disclosed to third parties without the prior written consent of FIBA. The User shall undertake all necessary measures in order to preserve and ensure the strict confidentiality of such FIBA Content.

6.4 Although FIBA has taken all reasonable care that the FIBA Content is accurate at the time of publication, no representation or guarantee (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness.

7. Ownership and use of software

7.1 All software provided by FIBA for the use of the Information System is and remains at all times the sole and exclusive property of FIBA.

7.2 The User is prohibited from copying, reproducing in all or in parts, editing, mixing or integrating with or into other software, any software provided by FIBA.

8. Ownership of the FIBA Information System

8.1 All rights, titles and interests (including all copyrights and other intellectual property rights) in the Information System including without limitation its look and feel, structure, layout and all FIBA Content belong exclusively to FIBA in perpetuity.

8.2 FIBA hereby reserves all rights in all trademarks, service marks, logos and other distinctive brand features of FIBA and the Information System whether now existing or developed in future.

9. Costs

9.1 The use by the User of the Information System shall be free of charge (no subscription fee). The User shall bear all other costs in relation to the access to the Information System, including, without limitation, all own hardware and software installation and all Internet connection costs, access provider charges, communications costs, etc.

10. Privacy Policy

10.1 By using the Information System and/or the data it contains, the User or any person you share the data with, may provide FIBA with personal data and certain other information about the User. The User shall agree FIBA's use of the User's personal information thus collected by FIBA and used in accordance with the FIBA Data Protection Notice published under www.fiba.basketball/privacy.

11. Disclaimers

11.1 FIBA agrees to use reasonable endeavours to maintain the Information System in a fully operating, error-free condition. However, FIBA cannot guarantee that the Information System will always be fully operational or error-free. FIBA assumes no responsibility for any defects which may exist or for any costs, loss of profit, loss of data or consequential losses arising from User's use or interpretation of information or services contained on the Information System or from User's inability to access the Information System.

11.2 The User's use of the Information System is on an "AS IS" and "AS AVAILABLE" basis and at the User's sole risk, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties and terms and conditions or merchantability, suitability and fitness for a particular purpose, or non-infringement of third party rights.

11.3 Any material downloaded or otherwise obtained through the use of the Information System is done at the User's own discretion and risk and the User will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.

12. End of access

12.1 Once the access of the User is suspended for any reason, the User shall immediately erase any FIBA Content still in its possession.

13. Governing Law and Place of Jurisdiction

13.1 This GTC shall be governed by and interpreted in accordance with the substantive laws of Switzerland, without regards to conflicts of laws and principles thereof.

13.2 Any dispute or differences related to these GTC shall be settled exclusively by the Court of Arbitration for Sport in Lausanne, Switzerland.

© FIBA 2019, All rights reserved.

 
FIBA Information System - General Terms and Conditions of Use v 2.0 - 17 July 2019