Portal

FIBA Media Portal – Terms and Conditions

The FIBA Media Portal is the official portal of the Fédération Internationale de Basketball, Route Suisse, 5, PO Box 29, 1295 Mies, Switzerland (hereinafter referred to as “FIBA”) for Media accreditation to any FIBA Competitions (i.e including any of the FIBA Zones Competitions).

By accessing the FIBA Media Portal, you accept these Terms and Conditions and expressly agree that they will govern its use. If you do not agree to these Terms and Conditions, please do not access the FIBA Media Portal.

1. No offer of service

1.1. Unless expressly stated otherwise, the FIBA Media Portal is mainly intended to be for accreditation purposes to any FIBA or FIBA Zones Competitions. FIBA makes no representation that the FIBA Media Portal is available for use at your location. You access the FIBA Media Portal at your own risk and are responsible for compliance with local laws and regulations.

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

1.3. FIBA may at a later stage offer services on the FIBA Media Portal 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 the FIBA Media Portal.

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

3. Intellectual Property

3.1. Any and all pictures, graphics, logos, texts, videos, animations, sounds, and other works (hereinafter "Content") on the FIBA Media Portal 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 FIBA.

3.2. 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 the FIBA Media Portal will transfer title to you to any content.

4. Disclaimer

4.1. YOU UNDERSTAND THAT ANY INFORMATION OR SERVICES PROVIDED BY FIBA ON THE FIBA MEDIA PORTAL ARE MADE AVAILABLE "AS IS". FIBA 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.

4.2. You acknowledge that a 100% availability of the FIBA Media Portal is technically unrealistic. While FIBA endeavours to keep the FIBA Media Portal 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 FIBA’s control (such as, for example, disruption in public communication networks, power shortages etc.).

4.3. Any material uploaded, downloaded or otherwise submitted or obtained through the use of FIBA Media Portal is submitted or 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.

4.4. The FIBA Media Portal may contain some services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If FIBA 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 FIBA’s mobile services, you acknowledge that FIBA 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 FIBA does not send your messages to a different person.

5. Indemnity

You agree to defend, indemnify and hold harmless FIBA and its subsidiaries, divisions, 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 the FIBA Media Portal, including (without limitation) your unauthorised copying and/or use of any intellectual property of third parties.

6. LIMITATION OF LIABILITY

TO THE EXTENT THAT LIABILITY IS NOT LIMITED BY THE APPLICABLE LAW ALREADY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FIBA SHALL NOT BE LIABLE FOR ANY DAMAGES – WHETHER IN TORT, CONTRACT OR OTHERWISE – IN CASE OF SIMPLE NEGLIGENCE UNLESS FIBA 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 THESE TERMS AND CONDITIONS; IN SUCH CASE, INDEMNITY CLAIMS ARE LIMITED TO THE AMOUNT OF THE TYPICALLY FORSEEABLE DAMAGES.

7. Privacy Policy

FIBA is aware that you care about how your personal information is used and shared, and we appreciate your trust that we will do so carefully and sensibly. FIBA is complying with the applicable data protection laws and in particular will not disclose any personal data to third parties unless authorized to do so by law or by virtue of your consent.

By accessing The FIBA Media Portal, you expressly agree to the collection and processing of your data as explained in this clause. If you do not agree to this Privacy Policy, please do not access The FIBA Media Portal.

7.1 What data do we collect?

Your username
The category you wish to receive an accreditation for
Your first name and last name
Your gender
Your date of birth
Your nationality
Your passport details
Your AIPS Card number, if you are a member thereof
Your National Press Card number, if available
Your telephone numbers
Your personal Twitter account
The name of the Media Company your represent and any basic information related thereto
The complete postal address of the Media Company your represent and other company’s relevant contact details
A photo portrait of yours for your accreditation

All mandatory information requested must be completed in order to be eligible for registration to the FIBA Media Portal. Please note that FIBA may in the future request that additional mandatory information than that listed above be provided by you for accreditation purposes. Should you not agree with any such request and refuse to provide this additional information, FIBA may refuse your registration or remove your profile from the FIBA Media Portal if you are already a registered user. Any such request by FIBA will pertain to information that are strictly necessary for accreditation purposes.

Please note that certain personal data may not be subject to modifications once uploaded into the FIBA Media Portal.

7.2 How will your data be used?

We will use your data in accordance with the applicable data protection laws and solely for accreditation purposes, online voting or as part of a mailing list for press releases and media advisories.In particular, we will not disclose any personal data to third parties unless authorized to do so by law or unless such disclosure is necessary for accreditation purposes. Please note, however, that the following clauses do not in any way restrict our rights as provided by the applicable laws.

Should FIBA wish to use your data for other purposes than accreditation for FIBA or FIBA Zones Competitions, you will be notified by FIBA and requested to agree to the processing of your data for such other purposes.

8. Procedure of the FIBA Media Portal

Once you accept these Terms and Conditions, you become eligible for registration with the FIBA Media Portal.

After acceptance of these Terms and Conditions, the first step is to create an account using your name, your email and a password. You will then receive an automated email and will be requested to click on the link sent to you by email in order to activate your account.

Once your account is activated, the second step is to create your profile and provide the information mentioned in clause 7.1 above.

Once your profile is completed and saved, you can start filing electronic requests for Media accreditations (or other services as may be made available by FIBA from time to time) for a FIBA or FIBA Zone Competition.

Please note that any request for accreditation will be submitted to the FIBA or FIBA Zone Communications Department. The FIBA or FIBA Zone Communications Department is solely responsible for deciding whether or not your request for accreditation can be granted to you for a specific FIBA or FIBA Zone Competition. Any request that may be rejected is final and not subject to any appeal.

9. Applicable law, jurisdiction

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

9.2 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.

10. Final Provisions

10.1 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.

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

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