1. ACCEPTANCE OF TERMS
1.1. We own the following URL: idp.viralbamboo.com (hereinafter referred to as the “Website”) and manage the services accessible from the Website.
1.2. These Terms govern your access to and use of online public communication services, content and software published by the FIA, i.e. the Website and applications containing editorial, audio, video, multimedia and/or interactive content and areas for user contributions (comments, discussion forums, etc.) (the “Services”), regardless of the receiver terminal and the medium, format and/or technical means to, in or by which the Services are made available to you.
1.3. Please read these terms and conditions (the “Terms”) carefully. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. By accessing or using the Services, you unconditionally agree to be bound by these Terms, which you acknowledge that you have read and understood. If you do not agree to all of these terms, do not use the Website.
1.4. Specific terms and conditions may apply to certain Services. In such case, the specific terms and conditions are supplementary to, and do not exclude the application of, these Terms and all such additional terms are hereby incorporated by reference.
1.5. FIA reserves the right to amend these Terms at any time without notice, at its entire discretion. The most current version of the Terms is available at all times on the Website. Continued use of this Website following any such changes shall constitute your acceptance of such changes.
1.6. Parents and legal guardians of minor children should supervise their children’s use of the Services. Minors are not allowed to use the Services without the consent of their parents or legal guardians. In particular, they must obtain such consent before providing any personal data.
2. PERSONAL DATA AND REGISTRATION
2.1 To access and/or use certain Services, you may be required to register for them by filling in the information required on the registration form. Alternatively, you may register for and connect to certain Services or certain features of the Services (e.g. comment areas) using your login from a third-party service such as Facebook, Twitter, Google, etc.
2.2 You represent and warrant that all information you provide to the FIA is true, accurate, current and complete that you will not register under the name of another person.
2.3 Your access to such Services will be subject to your explicit approval, and the account will be governed by the Terms and, where relevant, by the terms and conditions of use issued by the relevant third party service. No liability can be incurred by the FIA in this respect.
2.4 By using the Services, you consent to the collection and use of your personal data in accordance with the applicable laws and regulations.
3. INTELLECTUAL PROPERTY
3.1 Unless otherwise indicated, all of the content featured or displayed on the Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, is owned by the FIA, its licensors, its affiliates, or its third party image partners and all rights in and to such content are reserved. All elements of the Website are protected by intellectual property Rights including without limitation copyright, trade dress, moral rights and trademark rights under the legislation in force and the applicable international conventions.
3.2 All names and logos used and/or created by or on behalf of FIA including without limitation the FIA logo (the “FIA Logos”) are the exclusive property of the FIA. The FIA Logos may only be used subject to: (i) FIA’s prior written consent; or (ii) any specific guidelines as may be provided by FIA from time to time; or (iii) the prior written consent of FIA’s licensors, as the case may be.
3.3 The AIT logo that appears on the Website is a registered trade mark and may only be used with the prior written consent of the Alliance Internationale de Tourisme.
3.4 Reproducing, copying, selling, modifying, re-editing, communicating, distributing or using, in any way whatsoever, the content of the Website and/or Services (including, but not limited to, FIA Logos, service marks, trademarks, trade names, photographs, illustrations, videos, articles and associated code and software), in whole or in part, otherwise than as provided for in these Terms, without the FIA’s express prior written consent is strictly forbidden.
3.5 The Services can be used and viewed, and to the extent permitted by law, single copies of pages or sections can be printed out for private, non-commercial use only.
3.6 You may not frame any of the content of the Website, or incorporate into another website, application, online service or audiovisual service any of the content featured
within the Services, whether owned by FIA or by third parties. You may privately share certain content by using the share features available via the Services.
3.7 Deep-linking to some pages of the Website is tolerated but the FIA reserves the right to deactivate such links if necessary.
3.8 All club names and logos are the property of their respective owners.
4.1 FIA RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. FIA SHALL NOT BE HELD LIABLE TO USERS OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE NOR FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE SERVICES, INCLUDING ALL MATERIALS AND INFORMATION OBTAINED VIA THE SERVICES, IS AT THEIR OWN RISK. THE WEBSITE AND THE SERVICES ARE MADE AVAILABLE “AS IS” WITHOUT ANY WARRANTY AS TO THEIR ACCESSIBILITY, FUNCTIONALITY OR AVAILABILITY.
4.2 ALTHOUGH FIA HAS TAKEN ALL REASONABLE CARE THAT THE INFORMATION CONTAINED WITHIN THE WEBSITE IS ACCURATE AT THE TIME OF PUBLICATION, NO REPRESENTATION OR WARRANTY (INCLUDING LIABILITY TOWARDS THIRD PARTIES), EXPRESSED OR IMPLIED, IS MADE AS TO ITS ACCURACY, RELIABILITY OR COMPLETENESS OF SUCH INFORMATION. FIA ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN.
4.3 FIA DOES NOT GUARANTEE THAT: (I) THE WEBSITE AND SERVICES ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) SERVICES AND FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICES ON THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) DEFECTS WILL BE CORRECTED; OR (V) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THE FIA IS NOT RESPONSIBLE FOR THE OPERATION OF SOFTWARE DOWNLOADED VIA THE SERVICES AND CANNOT BE HELD LIABLE FOR ANY TECHNICAL PROBLEMS PREVENTING THE DOWNLOADING OF SUCH SOFTWARE.
4.4 IF YOU DOWNLOAD MATERIAL VIA THE SERVICES, YOU DO SO AT YOUR OWN RISK, AND THE FIA SHALL NOT BE HELD LIABLE FOR ANY DAMAGE TO OR LOSS OF DATA STORED ON YOUR COMPUTER OR ANY OTHER DATA STORAGE MEDIUM. IT IS EACH USER’S RESPONSIBILITY TO TAKE ALL APPROPRIATE MEASURES TO PROTECT ITS HARDWARE, DATA AND SOFTWARE FROM BEING AFFECTED BY ANY COMPUTER VIRUSES CIRCULATING VIA THE INTERNET NETWORK.
4.5 IF USERS COMMUNICATE WITH FIA BY EMAIL, THEY ACKNOWLEDGE THAT THE SECURITY OF THE INTERNET AS A MEANS OF COMMUNICATION IS UNCERTAIN. BY SENDING SENSITIVE OR CONFIDENTIAL EMAIL MESSAGES WHICH ARE NOT ENCRYPTED USERS ACCEPT THE RISKS OF SUCH UNCERTAINTY AND POSSIBLE LACK OF CONFIDENTIALITY OVER THE INTERNET.
5. LIMITATION OF LIABILITY AND INDEMNITY
5.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FIA 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 FIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (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 OF DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; (V) RESULTS OF THE WEBSITE OR SERVICES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.
5.2 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 WEBSITE OR SERVICES, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.
5.3 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 THIS CLAUSE 5 MAY NOT APPLY TO YOU.
5.4 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 FIA OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5.5 USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE FIA FROM AND AGAINST ANY DEMANDS, CLAIMS, ACTIONS AND/OR AWARDS OF DAMAGES THAT MAY BE BROUGHT OR MADE AGAINST THE FIA AS A RESULT OF BREACH BY USER OF THESE TERMS AND/OR ANY OTHER ADDITIONAL AND/OR SPECIFIC TERMS AND CONDITIONS OF SERVICES THAT MAY APPLY TO USERS.
6. THIRD PARTY WEBSITES
6.2 Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and/or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that FIA shall not
be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
These Terms have been drafted in English and may have been translated into other languages available on the Website. In the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to resolve conflicts of interpretation.
8. GENERAL TERMS
8.1 These Terms, including the terms incorporated herein by reference, constitute the entire agreement between you and FIA in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and FIA, whether oral or written in relation to such subject matter.
8.2 Any failure by FIA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by FIA.
8.3 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.
8.4 Any rights not expressly granted herein are reserved.
8.5 You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these Terms. You hereby consent that FIA may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any of its affiliates or to any third party at any time.
8.6 Notwithstanding any of these Terms, FIA reserves the right, without notice and in its sole discretion, to block your use of the Website and/or the Services.
9. APPLICABLE LAW AND JURISDICTION
9.1 By accessing the Website you agree that the laws of Switzerland, without regard to conflict of law principles, will apply to all matters relating to the use of this Website.
9.2 In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Switzerland.