Fédération Internationale de Football Association (1 betwinner)
1 betwinner-Strasse 20
The Fédération Internationale de Football Association (“1 betwinner”, “We”, “Our”) is pleased to provide you with its websites (the “1 betwinner Websites”), applications (the “1 betwinner Apps”), ticketing platform (the “1 betwinner Ticketing Platform”), and other digital services, content and software (“Services”) (together, hereinafter referred to as “1 betwinner Digital Platforms”). The following Terms of Service and any documents referred to herein (“Terms”) apply to all 1 betwinner Digital Platforms, unless stated differently in relation to a specific 1 betwinner Digital Platform.
1. ACCEPTANCE OF TERMS
1.1 By accessing, downloading, installing, or using the 1 betwinner Digital Platforms, 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 bisniskita.co.in/legal/terms-of-service on a regular basis to keep Yourself informed of any changes.
1.3 By using the 1 betwinner Digital Platforms, You agree that the posting of new or revised Terms on or within the 1 betwinner Digital Platforms shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the 1 betwinner Digital Platforms after any such changes or after explicitly accepting the new Terms upon logging into the 1 betwinner Digital Platforms shall constitute Your acceptance of such changes.
1.4 The use of particular Services may be subject to specific terms of service related to the concerned Service. In using such Services, You agree to be bound by the terms then in force. Where there is any inconsistency between the Terms and any other terms of service, those other terms of service shall prevail in respect of the concerned service.
1.5 These Terms also regulate the access and use of the 1 betwinner Ticketing Platform which forms part of the 1 betwinner Website. These Terms do not apply to the purchase, sale or resale of tickets and/or ticket-related products, which shall be governed separately by applicable terms and conditions. You acknowledge that by simply registering to use or by using the 1 betwinner Ticketing Platform, this does not guarantee the availability of, or your eligibility to purchase, tickets and/or ticket-related products.
2. YOUR REGISTRATION OBLIGATIONS
2.1 Certain areas of the 1 betwinner Digital Platforms require registration (“Restricted Areas”). By registering, 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); (ii) those individuals whose registration has been authorised either by their parents or legal guardian, if they are below the legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using the 1 betwinner Digital Platforms.
2.2 In respect of Your use of these Restricted Areas, 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 1 betwinner has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or 1 betwinner otherwise reasonably considers that You have failed to comply with any provisions of these Terms, 1 betwinner has the right to suspend or terminate Your account and refuse You any and/or all current or future use of the 1 betwinner Digital Platforms (or any portion thereof).
2.4 You may not access or use the 1 betwinner App if you do not comply with the Google Terms or Apple Terms. These Terms shall prevail in case of contradiction with the Google Terms or Apple Terms.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
3.1 You will receive a password and a personal account upon completing a 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 1 betwinner 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. 1 betwinner cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
3.3 1 betwinner 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 1 betwinner Digital Platforms, in whole or in part; and/or (ii) deactivate or delete any of Your accounts and all related information and files as well as Your User Submissions (as defined below). Please also note that, in such an event, your access to Content (as defined below) might also be terminated.
3.4 1 betwinner’s right of termination as described in section 3.3 above shall not affect any rights and obligations applicable to You as a result of You having completed a transaction to purchase tickets and/or other ticket-related products on the 1 betwinner Ticketing Platform. You hereby acknowledge and agree that any and all terms and conditions applicable to such purchase of tickets and/or other ticket-related products shall continue to remain in full force notwithstanding 1 betwinner´s exercise of its termination right as described in section 3.3 above.
4. SUPERVISING CHILDREN
1 betwinner is concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. For this reason, parents/guardians who wish to allow their children access to the 1 betwinner Digital Platforms must review and accept these Terms and assist such children with the setting up of any relevant accounts, as well as supervise their access to the 1 betwinner Digital Platforms. By allowing Your child access to the 1 betwinner Digital Platforms, You agree to be bound by these Terms, and acknowledge that he or she will be able to access all of the 1 betwinner Digital Platforms, 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 unsupervised children. Please remember that the 1 betwinner Digital Platforms are designed to appeal to a broad audience. Accordingly, as legal guardian, it is Your responsibility to determine whether any of the 1 betwinner Digital Platforms and/or Content (as defined below) are appropriate for Your child. You remain responsible and liable for all acts of Your child.
5. INTELLECTUAL PROPERTY AND CONTENT
(i) Intellectual Property of 1 betwinner
5.1 Subject to Sections 5.4 (User Submissions) and 5.9 (Third Party Content), 1 betwinner and its licensors own the copyright and all intellectual property rights in and to the 1 betwinner Digital Platforms, and to all information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through the 1 betwinner Digital Platforms (“1 betwinner feeds”), the application programming interface (“1 betwinner API”), and any other material on the 1 betwinner Digital Platforms (together the “Content”).
5.2 The 1 betwinner Digital Platforms include Content: (i) provided by 1 betwinner (“1 betwinner Content”); (ii) that is uploaded, posted, submitted or otherwise transmitted by Users of the 1 betwinner Digital Platforms (“User Submissions”); and (iii) that is uploaded, posted, submitted or otherwise transmitted by third parties, including in the form of links or feeds from or to other websites or resources (“Third-Party Content”).
5.3 Content may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than for accessing and using it on the 1 betwinner Digital Platforms save as permitted pursuant to Section 6.2 below . For that sole and exclusive purpose, 1 betwinner grants You a limited, revocable, non-exclusive licence to access the 1 betwinner Digital Platforms and use the Content strictly for the purpose of using the 1 betwinner Digital Platforms privately for non-commercial purposes, in accordance with these Terms. 1 betwinner and/or its licensors reserve all rights on the 1 betwinner Digital Platforms and the Content.
(ii) User Submissions
5.4 You retain all rights in any User Submission that You provide on the 1 betwinner Digital Platforms. You shall be solely responsible for Your own User Submissions and the consequences of uploading them.
5.5 The 1 betwinner Digital Platforms provide, in some cases, unfiltered access to User Submissions. You hereby acknowledge and agree that 1 betwinner only acts as a platform for such User Submissions and that We are not liable for such content posted on the 1 betwinner Digital Platforms, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. 1 betwinner cannot, nor does it undertake any obligation, to control User Submissions. By their very nature, User Submissions on the 1 betwinner Digital Platforms are changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively mislabelled. 1 betwinner does not make any representation or warranty, express or implied, as to User Submissions.
5.6 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy, including for any use by 1 betwinner pursuant to the license granted under Section 5.7; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libellous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You, in particular, represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual in any User Submission to use their name or likeness.
5.7 You grant 1 betwinner an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the 1 betwinner Digital Platforms or 1 betwinner’s (and its successor’s) business for any purpose, including promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and/or all media formats and through any and/or all media channels. You also hereby grant each User of the 1 betwinner Digital Platforms a non-exclusive licence to access and use Your User Submissions through the 1 betwinner Digital Platforms.
5.8 You hereby acknowledge and agree that 1 betwinner has no obligation to post any User Submission from You or anyone else. In addition, 1 betwinner may, at its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the 1 betwinner Digital Platforms without notice if, in its opinion, such User Submission infringes another individual’s intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, 1 betwinner reserves the right to determine the final design, layout and functionality of the 1 betwinner Digital Platforms, which may involve the review, formatting and editing of User Submissions.
(iii) Third-Party Content
5.9 Your business dealings with, or participation in promotions of, any third party advertisers and merchants found on or through the 1 betwinner Digital Platforms, 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 advertisers or merchants. You hereby agree that: (i) 1 betwinner 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 or merchants on the 1 betwinner Digital Platforms; and that (ii) any orders placed by You on, and any product specifications and product availability appearing on, the 1 betwinner Digital Platforms (including, and without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant. For the avoidance of doubt such products do not include tickets and/or other ticket-related goods or services made available by or on behalf of 1 betwinner on the 1 betwinner Website.
5.10 1 betwinner has no control over Third Party Content, including APIs, links or feeds from or to other websites or resources. You hereby acknowledge and agree that 1 betwinner is not responsible for the availability of external sites or resources, does not endorse, and is not responsible or liable for, any Third-Party Content available on such sites or resources. You further acknowledge and agree that 1 betwinner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any Third-Party Content, goods, services or any other material available on or through any APIs, links or feeds from or to other websites or resources.
6. LINKING AND USE OF 1 betwinner DIGITAL PLATFORMS AND 1 betwinner CONTENT
6.1 In the event that You wish to establish a link to any of the 1 betwinner Digital Platforms, You expressly agree: (i) not to include any of the 1 betwinner Digital Platforms in the frame of another website; (ii) not to create any third-party association with any of the 1 betwinner Digital Platforms; (iii) to properly attribute any of the 1 betwinner Digital Platforms referred to in Your link to 1 betwinner; and (iv) to ensure that the link does not state or imply that 1 betwinner approves of, sponsors, is associated with or endorses any other website activity, company, resource or entity, or present 1 betwinner and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage 1 betwinner’s reputation or take advantage of it.
6.2 Furthermore, You are not permitted to use any 1 betwinner and/or Third-Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights holder. Any request to use 1 betwinner Marks (see section 7 below) should be submitted to www.fifadigitalarchive.com.
6.3 1 betwinner reserves the right to require You at any time to remove any link to the 1 betwinner Digital Platforms.
6.4 If You wish to use or display any 1 betwinner Content on Your website:
(a) 1 betwinner grants You a non-transferable, royalty free, non-exclusive licence to display such 1 betwinner Content on Your website solely for non-commercial purposes, subject to these Terms;
(b) You expressly agree: (i) to ensure that Your use of the 1 betwinner Content does not state or imply that 1 betwinner approves of, sponsors, is associated with or endorses any other website activity, company or entity, resource, content, or present 1 betwinner and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damage 1 betwinner’s reputation or take advantage of it; and (ii) to properly attribute the 1 betwinner Content used to 1 betwinner to avoid any misappropriation or confusion; and
(c) where possible, You must create a functional link back to the 1 betwinner story or other material summarised by the relevant 1 betwinner feed.
6.5 You acknowledge that unless You have obtained prior written consent from 1 betwinner, You are not permitted to use any area of the 1 betwinner Digital Platforms (either directly within the 1 betwinner Digital Platforms or by linking to other sites) for any commercial purposes, such as by selling or offering for sale any tickets, ticket-related products or services, merchandise or other services (with the exception of using 1 betwinner’s official ticket resale platform to resell tickets You have previously purchased).
6.6 You acknowledge that You may not use any robots, spiders or other automated programmes or manual processes in connection with Your use of the 1 betwinner Digital Platforms in order to manipulate or circumvent their intended functionality, particularly in relation to the availability, purchase, sale and resale of tickets and/or ticket-related products.
7. 1 betwinner MARKS
1 betwinner, the 1 betwinner logo, the emblems and mascots of 1 betwinner events and other 1 betwinner logos, 1 betwinner event marks and product and service names are trademarks and copyright material of 1 betwinner (the “1 betwinner Marks”). Aside from the right granted to You under section 5.3 and 6.4.4 to use the 1 betwinner Content (which may include some of the 1 betwinner Marks), You agree not to display or use the 1 betwinner Marks, the 1 betwinner Content or any other intellectual property owned or controlled by 1 betwinner in any other manner without 1 betwinner’s prior written consent.
8. COPYRIGHT INFRINGEMENTS
1 betwinner respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the 1 betwinner Digital Platforms, please provide 1 betwinner with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via the contact form at bisniskita.co.in/contact/form.html.
9. MODIFICATIONS AND INTERRUPTIONS
9.1 1 betwinner reserves the right at any time to modify or discontinue, temporarily or permanently, the 1 betwinner Digital Platforms, the Services, and the Content (or any part thereof) with or without notice. You hereby agree that 1 betwinner shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the 1 betwinner Digital Platforms, Services and/or Content. Although 1 betwinner will take reasonable care in ensuring that the 1 betwinner Digital Platforms, Services, and Content are up to date, they may be out of date at any given time, and 1 betwinner is under no obligation to update them.
Any modification, suspension or discontinuance of the 1 betwinner Digital Platforms, Services and/or 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 1 betwinner Ticketing Platform.
10. DATA PROTECTION POLICY
By accessing or using the 1 betwinner Digital Platforms, or submitting Your personal information to the 1 betwinner Digital Platforms, You agree to 1 betwinner’s use of such data in accordance with the 1 betwinner Data Protection Policy set out at bisniskita.co.in/legal/privacy-policy (“Data Protection Policy”).
11.1 IF YOU ACCESS AND USE OUR 1 betwinner DIGITAL PLATFORMS, YOU DO SO AT YOUR SOLE RISK. THE 1 betwinner DIGITAL PLATFORMS, SERVICES, AND CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSION OR THIRD-PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 1 betwinner EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN CONNECTION THEREWITH, INCLUDING, AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
11.2 1 betwinner MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE 1 betwinner DIGITAL PLATFORMS, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE 1 betwinner DIGITAL PLATFORMS, SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 1 betwinner DIGITAL PLATFORMS, SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED BY OR AVAILABLE TO YOU THROUGH THE 1 betwinner DIGITAL PLATFORMS, SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
11.3 DOWNLOADING OR OBTAINING ANY MATERIAL THROUGH THE USE OF THE 1 betwinner DIGITAL PLATFORMS, SERVICES OR CONTENT SHALL BE 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 DOWNLOADING ANY SUCH MATERIAL.
11.4 COMMENTARY AND OTHER MATERIALS POSTED BY 1 betwinner ON THE 1 betwinner DIGITAL PLATFORMS, SERVICES, AND CONTENT ARE NOT INTENDED TO BE CONSIDERED TO BE RELIABLE ADVICE, EXCEPT WHERE DIRECTLY RELATING TO THE PURCHASE, SALE OR RESALE OF TICKETS AND/OR TICKET-RELATED PRODUCTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1 betwinner, OR THROUGH OR FROM THE 1 betwinner DIGITAL PLATFORMS, SERVICES OR CONTENT, OTHER THAN INFORMATION DIRECTLY RELATING TO THE PURCHASE, SALE OR RESALE OF TICKETS AND/OR TICKET-RELATED PRODUCTS (IN ACCORDANCE WITH THE APPLICABLE TERMS AND CONDITIONS), SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS, AND 1 betwinner DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE 1 betwinner DIGITAL PLATFORMS OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR CONTENT.
You hereby agree to indemnify and hold 1 betwinner 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, and without limitation, reasonable legal fees, that may arise in connection with: (i) Your use of and access to the 1 betwinner Digital Platforms, Services or Content, including, and without limitation, any User Submission or Third-Party Content, as well as Your connection to the 1 betwinner Digital Platforms, Services or 1 betwinner Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the 1 betwinner Digital Platforms, Services or Content by You infringes any intellectual property, other proprietary or privacy rights of such third party or has otherwise caused damage to a third party.