What’s New in the Updated Terms of Use?
We have revised the IFA7.com Terms of Use, which apply to your use of the IFA7’s digital platforms, including IFA7 websites, apps (e.g., mobile apps, tablet apps) and online content offerings. Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use the IFA7’s digital platforms, including, without limitation, when you view or access videos or other content.
Agreement to Arbitrate & Class Action Waiver: To help streamline the resolution of disputes, claims, and controversies under these Terms of Use, as set forth in more detail below, you agree that both you and the Site Operator, including the Site Operators’ present and future parents and subsidiaries, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to your use of the Site and/or the provision of content, services, and/or technology on or through the Site, and that any such proceedings will be conducted only on an individual basis (and not as a class action).
Text Messaging Campaigns: We have added more detail about the terms that apply to our Text Messaging Campaigns.
Notice: We updated how you may contact the Operator in certain circumstances.
Disclaimer of warranties and damages; limitation of liability: We have revised the disclaimer of warranties and damages and the limitation of liability which apply in connection with your use of the Site.
IFA7.com Terms of Use
WELCOME TO IFA7.COM!
Please read these terms and conditions of use carefully before using (the “Web Site”), associated IFA7 apps (e.g., mobile apps, tablet apps) and/or associated content offerings (collectively, the “Site”). Your access to and use of the Site is subject to the following terms and conditions (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Privacy Policy ) will mean you accept those changes and that such changes shall apply to Your use of the Site after such changes have been posted.
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- ACCEPTANCE OF TERMS
1.1 By accessing, downloading, installing, or using the IFA7 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 that You 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 https://ifa7.comon a regular basis to keep Yourself informed of any changes.
1.3 By using the IFA7 Digital Platforms, You agree that the posting of new or revised Terms on or within the IFA7 Digital Platforms shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the IFA7 Digital Platforms after any such changes or after explicitly accepting the new Terms upon logging into the IFA7 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. To the extent that 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.
- YOUR REGISTRATION OBLIGATIONS
2.1 Certain areas of the IFA7 Digital Platforms require registration (“Restricted Areas”). By registering, You represent and warrant 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 be obtained and used only by: (i) individual, independent professionals who are 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 IFA7 Digital Platforms.
2.2 In respect of Your use of these Restricted Areas, You 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 IFA7 has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or IFA7otherwise reasonably considers that You have failed to comply with any provisions of these Terms, IFA7 has the right to suspend or terminate Your account and refuse You access to any and all current or future use of the IFA7 Digital Platforms (or any portion thereof).
2.3 In order to use the IFA7 App, You must have an account on the Google Play Store, owned and operated by Google Inc., or an Apple ID on the Apple app store, owned and operated by Apple Inc. Your use of the Google Play Store is governed by a legal agreement between You and Google Inc. consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS), the Google Play Store Terms of Service (found at http://www.google.com/mobile/android/market-tos.html), and the Google Play Store Business and Program Policies (found at http://www.google.com/intl/en_us/mobile/android/market-policies.html) (all together “Google Terms”). Your use of the Apple app store is governed by a legal agreement between You and Apple Inc. consisting of the Apple Website Terms of Use (found at http://www.apple.com/legal/internet-services/terms/site.html), the iTunes store Terms of Sale and Terms and Conditions (found at http://www.apple.com/legal/internet-services/itunes/us/terms.html#service), and the Apple App store Terms of Sale and Terms and Conditions (found at http://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html#SERVICE) (all together “Apple Terms”).
2.4 You may not access or use the IFA7 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.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
3.1 You will receive a password and account designation upon completing any registration process (as described in Sections 2.1 and 2.2). You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password and account.
3.2 You agree to: (i) immediately notify IFA7 of any unauthorized use of Your password or account and any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. IFA7 cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.
- SUPERVISING CHILDREN
IFA7is 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 IFA7 Digital Platforms should review these Terms and assist such children with the setting up of any relevant accounts and supervise the child’s access to the IFA7 Digital Platforms. By allowing Your child access to the IFA7 Digital Platforms, he or she will be able to access all of the IFA7 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 IFA7 Digital Platforms are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is Your responsibility to determine whether any of the IFA7 Digital Platforms and/or information, data, text, software, music, sound, photographs, graphics, video, messages, feeds offered through the IFA7 Digital Platforms (“IFA7 feeds”), application programming interface (“IFA7 API”), and any other material on the IFA7 Digital Platforms (“Content”) are appropriate for Your child.
- CONTENT
The IFA7 Digital Platforms include Content: (i) provided by IFA7 (“IFA7 Content”); (ii) Content that is uploaded, posted, submitted or otherwise transmitted by Users of the IFA7 Digital Platforms (“User Submissions”); and Content that is uploaded, posted, submitted or otherwise transmitted (iii) by third parties (“Third Party Content”).
(i) IFA7Content
5.1 All IFA7 Content, including IFA7 feeds, is owned by, or licensed to, IFA7. IFA7 Content is provided to You “AS IS” and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than their access and usage on the IFA7 Digital Platforms. For that sole and exclusive purpose, IFA7 grants to You a limited, revocable, non-exclusive license to access and use the IFA7 Digital Platforms privately for non-commercial purposes, in accordance with these Terms.
(ii) User Submissions
5.2 You retain all rights in any User Submission that You provide to the IFA7 Digital Platforms. You shall be solely responsible for Your own User Submissions and the consequences of uploading them. Please also refer to Our IFA7.com Club Rules at https://ifa7.com, which form an integral part of these Terms.
5.3 The IFA7 Digital Platforms provide in some cases unfiltered access to User Submissions. You understand and agree that IFA7 only acts as a platform for such User Submissions and that We have no liability related to such content posted on the IFA7 Digital Platforms, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. IFA7 cannot, nor does it undertake any obligation to control User Submissions. By their very nature, User Submissions on the IFA7 Digital Platforms are changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively mislabeled. IFA7 does not make any representation or warranty, express or implied, as to User Submissions.
5.4 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (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 programmes 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 person in any User Submission to use their name or likeness.
5.5 You grant to IFA7 an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the IFA7 Digital Platforms or IFA7’s (and its successor’s) business, including, without limitation, for the purpose of promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the IFA7 Digital Platforms a non-exclusive license to access and use Your User Submissions through the IFA7 Digital Platforms.
5.6 You understand and agree that IFA7 has no obligation to post any User Submission from You or anyone else. In addition, IFA7 may, in its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the IFA7 Digital Platforms 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 Terms. In particular, IFA7 reserves the right to determine the final design, layout and functionality of the IFA7Digital Platforms, which may involve the review, formatting and editing of User Submissions.
(iii) Third Party Content
5.7 Your business dealings with, or participation in promotions of, any advertisers and merchants found on or through the IFA7 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 advertiser or merchant. You agree that: (i) IFA7 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 IFA7 Digital Platforms; and (ii) any orders placed by You on, and any product specifications and product availability appearing on, the IFA7 Digital Platforms (including, without limitation, any online store) are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser or merchant.
5.8 Third parties may provide, and the IFA7 Digital Platforms may contain, APIs, links or feeds from or to other websites or resources. Because IFA7 has no control over such sites and resources, You acknowledge and agree that IFA7 is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for, any content available on such sites or resources. You further acknowledge and agree that IFA7 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 such content, goods, services or any other material available on or through any such APIs, links or feeds from or to other websites or resources.
5.9 In the event that You wish to establish a link to the IFA7 Digital Platforms, You expressly agree: (i) not to include the IFA7 Digital Platforms into the frame of another website; (ii) not to create any third party association with the IFA7 Digital Platforms; (iii) to properly attribute the IFA7 Digital Platforms referred to in Your link to IFA7; and (iv) to ensure that the link does not state nor imply that IFA7 approves of, sponsors or endorses any other website activity, company, resource or entity, or presents IFA7 and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages IFA7’s reputation or takes advantage of it.
Irrespective of the promise made by You to IFA7 in term 5.9 regarding the misappropriation and/or any potential confusion in respect of Third Party Content, the link to the IFA7 Digital Platforms does not permit You to use any IFA7 and/or Third Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder. If You wish to use IFA7 Marks (See Section 6 below), please send Your request to:
IFA7 reserves the right to require You at any time to remove any link to the IFA7 Digital Platforms.
5.10 If You wish to use or display any IFA7 feeds / IFA7 APIs on Your website:
(a) IFA7 grants to You a non-transferable, royalty free, non-exclusive license to display such feeds on Your website subject to these Terms;
(b) You expressly agree: (i) to ensure that the IFA7 feed / IFA7 API does not state or imply that IFA7 approves of, sponsors or endorses any other website activity, company or entity, resource, content, or presents IFA7 and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages IFA7’s reputation or takes advantage of it; and (ii) to properly attribute the IFA7 feeds used to IFA7 to avoid any misappropriation or confusion;
(c) where possible, You must create a functional link back to the IFA7 story or other material summarized by the relevant IFA7 feed.
- TRADEMARK AND COPYRIGHT INFORMATION
6.1 IFA7, the IFA7 logo, the emblems and mascots of IFA7 events, including the emblem and mascot of the 2015 IFA7 World Cup Brazil™ and other IFA7 logos, IFA7 event marks and product and service names are trademarks and copyright material of IFA7 (the ” IFA7 Marks”). Aside from the right granted to You under Section 5.10 to use the IFA7 feeds / IFA7 APIs (which may include certain of the IFA7 Marks), You agree not to display or use the IFA7 Marks in any other manner without IFA7’s prior written permission.
6.2 Certain content on the IFA7 Digital Platforms is provided by third parties. Any re-publication or re-distribution of such content, including by framing or similar means, is expressly prohibited without the prior written consent of the relevant right holders. IFA7 shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Please consult the respective websites of the concerned right holder for additional information.
- COPYRIGHTS AND COPYRIGHT AGENTS
IFA7 respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the IFA7 Digital Platforms, please provide IFA7 with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via the contact form at https://ifa7.com
- MODIFICATIONS TO SERVICE
IFA7 reserves the right at any time to modify or discontinue, temporarily or permanently, the IFA7 Digital Platforms, the Services, the IFA7 Content, the User Submissions, and the Third Party Content (or any part thereof) with or without notice. You agree that IFA7 shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the IFA7 Digital Platforms, Services, IFA7 Content, User Submissions, and Third Party Content. Although IFA7 will take reasonable care in ensuring the IFA7 Digital Platforms, the Services, and the IFA7 Content are up to date, any of the IFA7 Digital Platforms, the Services, and the IFA7 Content may be out of date at any given time, and IFA7 is under no obligation to update it.
- PRIVACY POLICY
By using the IFA7 Digital Platforms, Services, and IFA7 Content, You or any person You allow to access and use Your account may provide IFA7 with or the IFA7 collects certain personal data, including the Registration Data and certain other information about You. By accessing or using the IFA7 Digital Platforms, or submitting Your personal information to the IFA7 Digital Platforms, You agree to IFA7’s use of such data in accordance with the IFA7 Privacy Policy set out at https://ifa7.com/ (“Privacy Policy”).
- TERMINATION
IFA7 may, in its sole discretion and without liability to You, with or without cause, in particular if you do not comply with these Terms, the Google Terms, or the Apple Terms, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the IFA7 Digital Platforms in whole or in part; and (ii) deactivate or delete any of Your accounts and all related information and files in such accounts as well as Your User Submissions.
- DISCLAIMERS
11.1 IF YOU ACCESS AND USE OUR IFA7 DIGITAL PLATFORMS, YOU DO SO AT YOUR SOLE RISK. THE IFA7 DIGITAL PLATFORMS, THE SERVICES, OR THE IFA7 CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IFA7 EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 IFA7 MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE IFA7 DIGITAL PLATFORMS, THE SERVICES, OR THE IFA7 CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE IFA7 DIGITAL PLATFORMS, THE SERVICES, OR THE IFA7 CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IFA7 DIGITAL PLATFORMS, THE SERVICES, OR THE IFA7 CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE IFA7 DIGITAL PLATFORMS, THE SERVICES, OR THE IFA7 CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IFA7 DIGITAL PLATFORMS, THE SERVICES, OR THE IFA7 CONTENT, IS 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 THE DOWNLOAD OF ANY SUCH MATERIAL.
11.4 COMMENTARY AND OTHER MATERIALS POSTED ON OR WITHIN THE IFA7 DIGITAL PLATFORMS, THE SERVICES, OR THE IFA7 CONTENT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IFA7, OR THROUGH OR FROM THE IFA7 DIGITAL PLATFORMS, THE SERVICES, OR THE IFA7 CONTENT, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND IFA7 DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR TO THE IFA7 DIGITAL PLATFORMS OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR IFA7 CONTENT.
- INDEMNIFICATION
You agree to indemnify and hold IFA7 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 without limitation reasonable legal fees, that may arise in connection with: (i) Your use of and access to the IFA7 Digital Platforms, the Services, or IFA7 Content, including without limitation any content, or User Submission, as well as Your connection to the IFA7 Digital Platforms, Services or IFA7 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 IFA7 Digital Platforms, Services, or IFA7 Content, by You infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
- LIMITATION OF LIABILITY
You expressly acknowledge and agree that IFA7 shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IFA7 has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the IFA7 Digital Platforms, Services, or IFA7 Content; (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 IFA7 Digital Platforms; (iii) unauthorized access to, or alteration of, Your transmissions of data; (iv) statements or conduct of any third party on the IFA7 Digital Platforms, Services, or IFA7 Content; (v) results of the IFA7Digital Platforms, Services, or IFA7 Content, any of the IFA7 Digital Platforms, Services, or IFA7 Content linked to it and any materials posted on it; or (vi) any other matter relating to the IFA7 Digital Platforms, Services, or IFA7 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, the use of the IFA7 Digital Platforms, Services, or IFA7 Content, must be filed within one (1) year after such claim or cause of action first arose.
- 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 12 and 13 may not apply to You.
Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of IFA7 or any other liability which cannot be excluded or limited under applicable law.
- NOTICES
Notices to You will be made via either email or post to the relevant email address or postal address provided by You to IFA7 from time to time.
If We amend these Terms in any way We shall place an updated version on this page of the IFA7 Website. The IFA7 Website and/or the IFA7 App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on or within the IFA7 Digital Platforms.
- GENERAL INFORMATION
16.1 These Terms (including the specific terms applicable to certain Services) constitute the entire agreement between You and IFA7 in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and IFA7, 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.
16.2 Any failure by IFA7 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16.3 If any provision of the Terms 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 Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
16.4 You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. IFA7 may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.
16.5 The Terms and the relationship between You and IFA7 shall be governed by the substantive laws of Switzerland. All disputes in connection with these Terms are to be resolved by the Court of Commerce (Calgary) in Alberta.
16.6 These Terms have been drafted in English and have been translated in other languages. In the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.
- VIOLATIONS
Please report any violations of the Terms to IFA7 via the online contact form located at: https://ifa7.com
MISCELLANEOUS
These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operator. The Operator in its sole discretion may amend these Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of such amendment by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
