IWBF | Terms and Conditions

IWBF.org is the official website of the Fédération Internationale de Basketball, Route Suisse, 5, PO Box 29, 1295 Mies, Switzerland (hereinafter referred to as “IWBF”).

By accessing IWBF.org, you accept these Terms and Conditions and expressly agree that they will govern your use of IWBF.org. If you do not agree to these Terms and Conditions, please do not access IWBF.org.

If you are using particular services on IWBF.org, you and IWBF shall be subject to any posted guidelines or rules applicable to such services that may be posted on IWBF.org from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

You can access these Terms and Conditions at any time and from every IWBF.org webpage by clicking on “Terms and Conditions” in the footer.

1. No offer of service

1.1. Unless expressly stated otherwise, IWBF.org is intended to be for informational purposes only. IWBF makes no representation that material on IWBF.org is appropriate or available for use at your location. You access IWBF.org at your own risk and are responsible for compliance with local laws and regulations.

1.2. IWBF reserves the right to modify or discontinue any features of IWBF.org in part or in total at any time without prior notice.

1.3. IWBF may offer services on IWBF.org subject to a separate charge. In such case, you will be expressly informed of the applicable charge in connection with the respective services, and of the terms and conditions governing such services.

2. Your obligations

2.1. You undertake not to undermine the proper functioning, data integrity and safety of IWBF.org.

2.2. You undertake not to make use of IWBF.org in any way which would violate any applicable laws or regulations, or which would infringe upon rights of IWBF or third parties.

3. Gaming on IWBF.org

3.1. Users of IWBF.org's online gaming platforms (if any) are liable to the rules which are clearly stated on the respective IWBF game website.

3.2. IWBF reserves the right to remove without any prior notice registered user(s) or player(s). Any abuses will immediately result in the user(s)/player(s) being banned from IWBF.org and/or the games.

4. Intellectual Property

4.2. Any and all pictures, graphics, logos, texts, videos, animations, sounds, games and other works (hereinafter "Content") on IWBF.org are subject to copyrights and/or other intellectual property rights, unless stipulated otherwise. Content may not be reproduced or modified in any way without prior permission from the relevant right holder.

4.3. Unless expressly stipulated otherwise, nothing in these Terms and Conditions shall be interpreted as granting any intellectual property rights or licenses to such rights to you. No act of downloading or otherwise copying or reproducing from IWBF.org will transfer title to you to any content.

5. Videos’ Terms and Conditions

5.1 All the video content from Youtube available on IWBF.org shall be subject to the YouTube Terms of Service (ToS) and the Google Privacy Policy available at the following addresses:
YouTube Developer Policy
Google Privacy
YouTube Terms

6. Disclaimer

6.1. YOU UNDERSTAND THAT ANY INFORMATION OR SERVICES PROVIDED BY IWBF ON IWBF.ORG ARE MADE AVAILABLE "AS IS". IWBF MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6.2. You acknowledge that a 100% availability of IWBF.org is technically unrealistic. While IWBF endeavours to keep IWBF.org available as constantly as possible, temporary breakdowns cannot be excluded, in particular (without limitation) due to maintenance, security or capacity issues as well as due to events which are not within IWBF’s control (such as, for example, disruption in public communication networks, power shortages etc.).

6.3. Any material downloaded or otherwise obtained through the use of IWBF.org is obtained at your own discretion and risk and 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.

6.4. IWBF.org may contain some services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If IWBF charges you for a mobile service, you will first be notified and asked to accept any charges. Please note that not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using IWBF’s mobile services, you acknowledge that IWBF may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, it is your responsibility to promptly update your account information to ensure that IWBF does not send your messages to a different person.

6.5. You acknowledge and agree that IWBF has no responsibility for the accuracy or availability of information, material or content provided by third party linked websites, or the content, performance, terms and conditions of use or the privacy policies or practices on such websites. Links to such websites do not constitute an endorsement by IWBF of such websites or their content, products, or other materials or services presented on such websites. IWBF 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, PRODUCTS, OR OTHER MATERIAL AVAILABLE ON THIRD PARTY LINKED WEBSITES.

6.6. In the event that you wish to establish a link to IWBF.org, you expressly agree:

i) to ask prior written approval of IWBF to establish a link to IWBF.org;

ii) not to include IWBF.org into the frame of another website, but to create a direct link to IWBF.org;

iii) not to create any third party association with IWBF.org; and

iv) to ensure that the link does not state or imply that IWBF sponsors or endorses any other website activity, company or entity, or presents IWBF and/or basketball in a false, misleading, defamatory or derogatory manner

The link to IWBF.org does not permit you to use any IWBF and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.

7. Indemnity

You agree to defend, indemnify and hold harmless IWBF and its affiliates, officers, employees and agents 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 your use of and/or access to IWBF.org, including (without limitation) your unauthorised copying and/or use of any intellectual property of third parties.

8. LIMITATION OF LIABILITY

8.1. TO THE EXTENT THAT LIABILITY IS NOT LIMITED BY THE APPLICABLE LAW ALREADY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IWBF SHALL NOT BE LIABLE FOR ANY DAMAGES – WHETHER IN TORT, CONTRACT OR OTHERWISE – IN CASE OF SIMPLE NEGLIGENCE UNLESS IWBF VIOLATED A CARDINAL OBLIGATION. A CARDINAL OBLIGATION IS AN OBLIGATION WHICH YOU COULD TRUST TO BE COMPLIED WITH AND THE FULFILMENT OF WHICH IS PRINCIPAL TO THE PROPER EXECUTION OF THIS CONTRACT; IN SUCH CASE, INDEMNITY CLAIMS ARE LIMITED TO THE AMOUNT OF THE TYPICALLY FORSEEABLE DAMAGES.

8.2. CLAIMS RESULTING FROM PHYSICAL DAMAGES SHALL REMAIN UNAFFECTED BY CLAUSE 5.1. ALSO, THE LIMITATIONS OF LIABILITY STIPULATED IN CLAUSE 5.1 ARE NOT VALID IN THE EVENT OF IWBF GIVING EXPRESS GUARANTEES AND REGARDING CLAIMS DUE TO MISSING WARRANTED FEATURES.

8.3. YOU EXPRESSLY ACKNOWLEDGE THAT IWBF SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.

9. Privacy Policy

IWBF commits to protect such personal data and to comply with data privacy and security laws in order to ensure adequate protection of applicants personal rights. By using our website, you expressly agree to the use of personal data in accordance with the Data Protection Notice available at: https://www.iwbf.org/privacy-policy.

10. Applicable law, jurisdiction

10.1. These Terms and Conditions shall be governed by and construed in accordance with Swiss law without regard to its conflict of law rules.

10.2. Any disputes, controversies or claims arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be submitted exclusively to the Court of Arbitration for Sport (CAS) and resolved definitively in accordance with the Code of sports-related arbitration. The arbitration shall be governed by Chapter 12 of the Swiss Act on Private International Law (irrespective of the parties’ domicile) and its seat shall be in Lausanne, Switzerland. The language of the arbitration will be English. You shall not and you hereby waive your right to institute any claim, arbitration or litigation, or seek any other form of relief, including provisional measures, in any other court or tribunal.

11. Final Provisions

11.1. Should any provision of these Terms and Conditions be found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or operation of any other provision. In such case, the parties are obliged to substitute for the invalid or unenforceable provision a valid and enforceable provision which most closely approximates the intent and economic effect of the invalid or unenforceable provision.

11.2. These Terms and Conditions constitute the entire agreement between you and IWBF in relation to their subject matter, i.e. with respect to your use of and/or access to IWBF.org, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and IWBF, whether oral or written in relation to this subject matter.

11.3. IWBF reserves the right to amend these Terms and Conditions at any time without prior notice.

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