Welcome to http://dba.fina.org. (the “Site”).
The FINA Digital Archive, this Site and all its contents is entirely owned by Fédération Internationale de Natation a federation registered in Switzerland, with its registered office at Avenue de l'Avant-Poste 4, CH - 1005 Lausanne, Switzerland (“FINA”).
- FINA reserves the right, at our discretion, to amend these Site Terms, and to change, add, remove, or otherwise modify any aspect feature or content of this site at any time. Please check these Site Terms periodically for any changes. Your continued use of this site following the posting of changes to these Site Terms shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. If you do not agree to the revised Site Terms you must stop using this Site and exit without delay.
- By accepting these Site Terms, you represent and warrant to FINA that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Site Terms. If you are using this Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify FINA, its licensors, licensees and agents for breaches of these Site Terms. You also represent and warrant to FINA that your use of this Site will at all times be in accordance with any and all applicable laws and regulations.
- These Site Terms apply only to your use of this site, and do not alter in any way the terms or conditions of any other written agreement you may have with FINA, its agents, licensors and/or licensees or affiliated companies and to the extent of any conflict, the terms of such other agreement will prevail.
- OWNERSHIP OF THE SITE AND ITS CONTENTS
- This Site is owned by FINA. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, images, designs, artwork, photographs, illustrations, logos, audio, video, digital downloads, data, data compilations, collections, features, tools, applications, materials and software, or other content made available by FINA through this site from time to time and the selection and arrangement thereof is the property of FINA or is the property of FINA licensors.
- All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in this Site shall remain vested in FINA or its licensors.
- The names, images and logos identifying FINA, its licensors or third parties and their products and services on this Site are subject to copyright, design rights and trade marks (registered and unregistered) of FINA or any other relevant third party or licensor.
- USE OF THE SITE AND CONTENTS
- This Site is only intended for use by existing rights holders, as permitted by FINA, customers and potential customers of FINA to browse the lists of FINA’s video/audio archive content (“FINA’s Video/Audio Archive Content”) available on this Site, and for permitted existing rights holders (the “Rights Holder”) and registered users to preview and collate, and, where and to the extent permitted under the terms of a separate written agreement (“Separate Agreement”) with FINA, its agents or permitted licensees, to license the use of FINA’s video/audio archive content.
- All FINA content made available on this Site is strictly intended for use only within the Site save for such content that is provided to existing rights holders and customers: (i) in accordance with and to the extent agreed under a separate written agreement as referred to above; or (ii) pursuant to clause 4.d below.
- The use of the FINA’s Video/Audio Archive Content and any related material by the Right Holder shall be subject to the following mandatory conditions:
- Access to the FINA’s Digital Archive. The access to FINA’s Digital Archive is made available solely for the purposes of research by the users approved by FINA. FINA’s Video/Audio Archive Content and any related material in FINA’s Digital Archive is not in the public domain even though it has been made accessible to registered users.
- FINA’s prior written approval and Separate Agreement. The use of FINA’s Video/Audio Archive Content and any related material from FINA’s Digital Archive is subject to FINA’s prior written approval and to the execution of the Separate Agreement with FINA. The terms and conditions of the Separate Agreement shall apply in any case.
- No Sub-license. Sub-license, transfer or any other related use of the FINA’s Video/Audio Archive Content and any related material from FINA’s Digital Archive is strictly prohibited.
- Copyright. FINA retains all copyright and other intellectual property rights in the FINA’s Video/Audio Archive Content and any related material in FINA’s Digital Archive.
- You are strictly prohibited from: (i) downloading, reproducing, repurposing, copying, broadcasting, publishing, posting, transmitting, re-transmitting, selling, licensing or otherwise exploiting (in each case in any medium) any or all of this Site and/or (ii) using the Site content other than for its intended purpose; in each case without, or in violation of, a written license or agreement with FINA, its agents or permitted licensees.
- Where the option is made available to a registered user by FINA via this Site, then despite the restrictions in this clause 4 in relation to downloading and altering FINA content, such registered user may download low resolution clips of the FINA video/audio archive content that are available on this Site (“Low Res Clip(s)”) and may create rough edits using the same but in each case only to the extent necessary and for the sole purpose of determining whether the user wishes to purchase a license for the use of the video/audio archive content. Without prejudice to the other restrictions in this clause 4, in the event that you download such a low res clip you are strictly prohibited from removing any mark of ownership or security feature placed on or in the same.
- You shall not:
- attempt to, circumvent, disable or otherwise interfere with any security related features of this Site or any feature that prevents or restricts downloading, copying, retransmitting or distributing FINA content. You shall not alter or modify this Site and or the FINA content or in each case parts thereof.
- alter, disassemble, decompile or reverse engineer any part of this Site.
- access the FINA via any technology or means other than as FINA explicitly designates for such purpose.
- use any data mining, robots or similar data gathering or extraction methods, nor shall you collect, compile, use, reproduce, supply and or distribute any and all match and/or player related scores or other data, information and/or statistics comprised in or derived from the Site;
- collect or harvest any personal data of any user of this Site.
- manipulate or otherwise display the Site by using framing or similar navigational technology;
- abuse this Site or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through the site, or using this site in a manner which is, discriminatory, offensive, abusive, malicious, defamatory or otherwise violates any law or infringes the rights of anyone else). As well as our right to terminate for breaches by you we may suspend this Site (or your access to it) if your use of it is abusive or against the interests of FINA, its licensors, agents or licensees, or other subscribers or in breach of these Site Terms or if we are requested to do so by a regulatory authority.
- All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.
- INTERACTIVE USE
This Site includes the capability for a registered user to select and create collections of Low Res clips from the FINA Video/Audio Archive Content available on this Site, which may be shared via the Site but not otherwise with other registered users of this Site. Your use of this capability is at your own risk. If you choose to share your collections, you agree that those with whom you have shared such collection may use the collection for their own use and free of any charge other than those that may be levied by FINA, its licensee or agents from time to time.
- COPYRIGHT INFRINGEMENT POLICY
FINA may terminate your access to this Site if it decides you have infringed the intellectual property rights of FINA, its licensors, licensees, FINA’s clients or any third party.
- You may not use the FINA, logo or other proprietary graphic of FINA or any of its licensors, licensees or agents to link to this Site without the express written permission of FINA. Further, you may not frame any trademark, logo or other proprietary information of FINA or any of its licensors, licensees or agents, without FINA's express written consent.
- You should be aware that by clicking on links found on this Site, you could be directed to other websites that are beyond our control. This includes but is not limited to links to organisations, fan clubs, advertisers, and regional sections, as well as sites maintained by licensors, sponsors, clients, events, affiliates or content partners (among others) that may or may not use our logo. When you leave this Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
- FINA makes no claim or representations concerning, and accepts no responsibility for, the content or performance of sites linked to this Site or listed in any of our directories or that the same are free from viruses or other harmful components or are error free. Nor does it endorse any advertising, products or other materials or services on or available from such websites. Furthermore, FINA accepts no responsibility for, directly or indirectly, the accuracy, quality, availability, relevancy, content, copyright or other intellectual property compliance, legality or decency of any material, products or services advertised on or made available on or via any such websites. Nor does FINA accept any responsibility for any privacy policies or practices of any such websites, or for any errors, defects or viruses or other harmful components subsisting in or on, or transmitted via, such websites.
- REGISTRATION DATA AND ACCOUNT SECURITY
- In consideration of your use of this Site, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on this Site.
- You are responsible for maintaining the confidentiality and security (as applicable) of account information, usernames, passwords and IDs that may be required to use this Site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). You agree to notify FINA immediately of any unauthorised use of your account or password, or any other breach of security.
- You accept all responsibility for any and all activities that occur under your account; and accept all risks of unauthorized access to the Account Information and any other information you provide to FINA.
You are entirely responsible for maintaining, and shall ensure, the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold FINA, its affiliated companies, licensors, licensees and agents and FINA’s and their respective officers, directors, employees and agents harmless from and against any claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys’ fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance (or alleged breach or non-compliance) of these Site Terms or any representations or warranties contained herein, the misuse of this Site, or FINA contents (including but not limited to FINA’s Video/Audio Archive Content), or of any site linking to this Site by any other person through use of your Account Information, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this Site or FINA contents (including but not limited to FINA’s Video/Audio Archive Content). You shall cooperate fully with us in the defense of any claim.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FINA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND , INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STATUTORY DUTY OR OTHERWISE, THAT RESULT FROM OR IN CONNECTION TO THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE, THE SERVICES OR MATERIALS OR FUNCTIONS CONTAINED IN OR ACCESSED THROUGH THIS SITE, EVEN IF FINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FINA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTORY DUTY OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FINA FOR ACCESS TO OR USE OF THIS SITE.
- THE USE OF THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR OTHER ASSURANCES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FINA DISCLAIMS ALL WARRANTIES OR OTHER ASSURANCES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUAILTY, CONFORMANCE WITH DESCRIPTION AND FITNESS FOR A PARTICULAR PURPOSE. FINA DOES NOT WARRANT THAT THE USE OF THIS SITE AND WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FINA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- This Site offers a search feature to provide efficiency to the user. FINA explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory and/or for the completeness or accuracy of such search results.
- In addition to the disclaimers at Clause 7, FINA explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this Site. FINA cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this Site or third party content on our sites. FINA does not endorse any of the merchandise (if any) except as expressly provided, nor has FINA taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. FINA does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. FINA strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You irrevocably agree that all matters relating to your access to or use of this Site, including, but not limited to all claims and disputes, will be governed by the laws of Switzerland. The use of this Site and its contents, as well as any dispute or claim in connection with such use, shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved definitively in accordance with the Code of sports-related arbitration and the laws of Switzerland, Canton of Vaud. The Panel will consist of one (1) arbitrator. The language of the arbitration will be English. Any claim under these Site Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
Notwithstanding any of these Site Terms, your access to this Site may be terminated immediately without notice from us for any reason, including without limitation, if, in our sole discretion, you fail to comply with any term of these Site Terms. Upon such termination, you must cease use of this Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Site Terms or otherwise. You may terminate your access at any time by discontinuing use of this Site. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these Site Terms or otherwise.
- MISCELLANEOUS PROVISIONS
Any waiver of any provision of these Site Terms must be in writing and signed by FINA in order to be effective. Any rights not expressly granted herein are reserved.
- THIRD PARTY RIGHTS
A person who is not a party to these Site Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Site Terms, provided that in the event that any FINA affiliated company and/or any FINA licensors, licensee or agents suffers or incurs any losses, liabilities, damages, costs and/or expenses as a result of any breach by you of these Site Terms, or as a result of any act or omission by you or circumstance in respect of which you have given an indemnity under these Site Terms such losses, liabilities, damages costs and/or expenses shall be deemed to be suffered or incurred by FINA and shall be recoverable by FINA on behalf of any such person under these Site Terms. This shall not rely upon or affect any right or remedy of a third party which exists or is available apart from that Act.
- QUESTIONS AND CONTACT INFORMATION
Questions or comments about this Site or these Site Terms may be directed to FINA at contact firstname.lastname@example.org or +(+41-21) 310 47 10
Last Update made on March 2016