Volleyball World

TERMS OF SERVICE FOR FIVB AND VBW WEBSITES

The Fédération Internationale de Volleyball, Château Les Tourelles, Edouard-Sandoz 2-4, 1006 Lausanne, Switzerland (“FIVB”) provides the websites FIVB.org and FIVB.com (the “FIVB Websites”) and VW Volleyball World SA, with registered office in Lausanne, Switzerland, and registered with the commercial register of the canton of Vaud under no. CHE 334.506.517 (“Volleyballworld”) provides the websites welcome.volleyballworld.tv and volleyball.world (the “VBW Websites”). FIVB and Volleyballworld are hereinafter jointly referred to “we” or “us”. FIVB Websites and VBW Websites are hereinafter jointly referred to as the “Websites”. The Websites including any Content (defined below), are provided to you, subject to the following Terms of Service and any documents referred to in them (“TOS”). Please read these TOS carefully. They may be updated by us from time to time without notice to you. Whenever you visit the Websites, you should review these TOS.

By accessing the Websites and/or any pages thereof and/or by checking a respective checkbox via your registration process, you signify your agreement with and understanding of the TOS including all terms, policies and guidelines incorporated by reference. If you do not agree to the TOS, do not access the Websites.

1. TOS

In addition to the TOS, when using our services, you and us shall be subject to any guidelines and rules applicable to such services which may be posted by us 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 Websites 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. We 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 Websites 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 Websites, it is exclusively your responsibility to obtain access to the World Wide Web, either directly or through devices that access web-based content. In particular, but without limitation, you must pay any service and/or telephony fees associated with such access and 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 Websites 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 Websites will require registration. In respect of your use of these areas of the Websites, 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 we have reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete, or we otherwise reasonably consider that you have failed to comply with any provisions of these TOS, we have the right to suspend or terminate your account and refuse any and all current or future use of the Websites (or any portion thereof).

We are 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 Websites should assist them in setting up any relevant accounts and supervise their access to the Websites. By allowing your child access to the Websites, he or she will be able to access all of the Websites, 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 Websites are 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 Websites (“Feeds”) and any other material on the Websites (“Content”) are appropriate for your child.

4. UPLOADING MATERIAL TO OUR SITE

Whenever you upload material to the Websites, or use the Websites to make contact with other users of the Websites (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 us 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 Websites 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 Websites and these TOS.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant us 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 Websites or our (and our successor’s) business, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Websites a non-exclusive licence to access your User Submissions through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites 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 us all of the licence rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us 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, does not comply with any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.

Without affecting the scope of Section 10 of the TOS, we have the right to remove any User Submission uploaded by you and/or terminate your access to the Websites 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.

We also have 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 Websites, you may be exposed to User Submissions from a variety of sources, and that we are 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 us with respect thereto.

5. PRIVACY POLICY

By using the Websites you or any person you allow to access and use your account may provide us with certain personal data, including the Registration Data and certain other information about you. By submitting your personal information to the Websites, you agree (and shall ensure that each other person you allow to access and use your account agrees) to our use of such data in accordance with our Data Protection Information set out at https://volleyballworld.com/privacy-policy

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 us of any unauthorised use of your password or account and any other breach of security; and (b) ensure that you log out of your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. INDEMNITY

You agree to defend, indemnify and hold us and our subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from/against 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 Websites (or your inability to use or access the Websites), including without limitation any Content, or User Submission uploaded by you, as well as your connection to the Websites; (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 Websites 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, manipulate, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Websites, use of the Websites, or access to the Websites, without our prior written consent . Should you be interested in reproducing, duplicating or copying any of the content of the Websites, please contact:

data.privacy@volleyball.world

9. MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites. Although we 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 we are under no obligation to update such Content.

10. TERMINATION

You agree that we may in our sole discretion, terminate your password, account (or any part thereof) or use of the Websites, and remove and discard any Content within the Websites, for any reason, including, without limitation, for lack of use or if we believe that you have violated or otherwise not complied with any provision of the TOS. We may also in our sole discretion and at any time discontinue providing the Websites, or any part thereof, with or without notice. You agree that any termination of your access to the Websites under any provision of this TOS may be affected without prior notice, and acknowledge and agree that we 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 Websites. Further, you agree that we shall not be liable to you or any third-party in any way for any termination of your access to the Websites.

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 Websites, 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) we 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 Websites, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Websites (including, without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.

12. LINKS AND FEEDS

The Websites may provide, or third parties may provide, links or Feeds to other websites or resources (“external websites or resources”). We do not author, edit or monitor the content, links, advertising, products, services or other material provided by or available through external websites or resources. Therefore, you acknowledge and agree that we are not responsible for the availability of external sites or resources, and do not endorse and are not responsible or liable for any content, links, advertising, products, services or other materials on or available from external websites or resources. You further acknowledge and agree that we 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, links, advertising, products, services or any other material available on or through any external website or resource.

In the event that you wish to establish a link to the Websites, you expressly agree: (a) not to include the Websites into the frame of another website or use similar navigational technology; (b) not to create any third party association with the Websites; (c) to ensure that the link does not state or imply that we approve of, sponsor or endorse any other website activity, company or entity, or present us and/or our activities in a false, misleading, defamatory or derogatory manner or otherwise damages our reputation or takes advantage of it; and (d) to use our logo if possible, which can be requested from: data.privacy@volleyball.world. The link to the Websites does not permit you to use any of our and/or third party content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder. We reserve the right to require you to remove any link to the Websites without notice.

13. PROPRIETARY RIGHTS

You acknowledge and agree that the Websites, any necessary software used in connection with the Websites (“Software”), the Content, including without limitation the Content contained in any sponsor advertisements or information presented to you through the Websites or advertisers, the trademarks, service marks and logos contained in the Content, except all User Submissions and to the extent not expressly indicated otherwise (hereinafter collectively referred to as the “proprietary material ”), are owned by or licensed to us, and contain proprietary information that is protected by applicable intellectual property and other laws. We have absolute editorial control over all such proprietary material. We grant you permission to view, store, print, reproduce and distribute any pages or download any proprietary material for personal non-commercial use only provided that (a) you do not modify any such page or any such material; (b) our status (and that of any identified contributors) as the authors of the proprietary material is always acknowledged; (c) you include a link to these TOS (or, in case of printed material, a printed version of these TOS) with any reproduction; and (d) such proprietary information is displayed in accordance with any relevant requirements as may be notified to you by us from time to time. Except as expressly authorised by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the proprietary information, in whole or in part.

We grant 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 Websites 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 the applicable 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 Websites. You agree not to access the Websites by any means other than through the interface that is provided by us for use in accessing the Websites.

14. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Websites 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 Websites, the server on which the Websites is stored or any server, computer or database connected to the Websites. 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 Websites 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 Websites or to your downloading of any material posted on it, or on any website linked to it.

15. DISCLAIMERS

You expressly acknowledge and agree that:

a. Your use of the Websites, any Feeds from it, or the software, is at your sole risk. The Websites, any Feeds from it and the software, are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we expressly disclaim 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, suitability, fitness for a particular purpose, compliance with local laws and regulations outside of Switzerland, 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.

b. We make no warranty or representation that (i) the Websites, any Feeds from it or the software will meet your requirements, (ii) the Websites, any Feeds from it or the software will be uninterrupted, timely, secure, or free of errors, viruses or other harmful elements, (iii) any information or results that may be obtained from the use of the Websites, any Feeds from it or the software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Websites, any Feeds from it or the software will meet your expectations, and (v) any errors in the Websites, any Feeds from it or the software will be corrected.

c. Any material downloaded or otherwise obtained through the use of the Websites, any feeds from it or the software 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.

d. Commentary and other materials posted on the Websites, 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 us or through or from the Websites, any Feeds from it or the software shall create any warranty or other obligation not expressly stated in the TOS and we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Websites or by anyone who may be informed of any of its contents directly or indirectly.

16. LIMITATION OF LIABILITY

You expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential exemplary or any other damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), whether in contract, tort (including but not limited to negligence) or otherwise, resulting from: (i) the use or the inability to use the Websites; (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 Websites; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Websites; (v) results of the Websites, any websites linked to it and any materials posted on it; or (vi) any other matter relating to the Websites, including but not limited to our 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 use of the Websites 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 our negligence or fraud or any other liability which cannot be excluded or limited under applicable law.

18. NOTICES

Notices to you may be made via either email or by post at the relevant email or postal address provided by you to us from time to time. The Websites may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Websites.

19. TRADEMARK AND COPYRIGHT INFORMATION

A. FIVB, the FIVB logo, the emblems of FIVB events and other FIVB logos and product and service names are trademarks and copyright material of FIVB (the “FIVB Marks”). Volleyballworld, the Volleyballworld logo, the emblems of Volleyballworld events and other Volleyballworld logos and products and service names are trademarks and copyright material of Volleyballworld (the “Volleyballworld Marks”). You agree not to display or use the FIVB Marks and/or the Volleyballworld Marks in any manner without our prior written permission.

B. Certain information on the Websites is provided by Reuters Limited. 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.

C. Certain information on the Websites is provided by Glöckner & Company GmbH & Co. KG and is the intellectual property thereof. Any copying, re-publication or re-distribution of Glöckner & Company Content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Glöckner & Company. Glöckner & Company shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.

20. COPYRIGHTS and COPYRIGHT AGENTS

For reporting copyright infringements, you may contact data.privacy@volleyball.world including;

a. an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant right which is allegedly infringed;

b. a description of each work subject to the relevant rights that you claim have been infringed;

c. a description of the material that you claim is infringing and where that material is located on the Websites;

d. your address, telephone number, and email address and such other information as may be reasonably required by us to enable us to contact you;

e. 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;

f. 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 us in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and us, 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 us shall be governed by the laws of Switzerland (excluding any conflict of law provisions). All disputes in connection with these TOS which cannot be settled amicably are to be resolved, to the exclusion of the ordinary courts, by an Arbitral Tribunal constituted in accordance with the Code of Sports-Related Arbitration. The language of the arbitration shall be English.

Any failure by us 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. We 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).

22. VIOLATIONS

Please report any violations of the TOS to us via the contact form at data.privacy@volleyball.world.