1. ACCEPTANCE OF TERMS
1.1 These Terms are entered into by and between you and CONMEBOL (“CONMEBOL”, “we”, “us” and “our”), and you accept and are subject to these Terms by using or accessing the CONMEBOL Property. If you are using the CONMEBOL Property on behalf of your employer, you accept these terms on your and your employer’s behalf (and any reference to “you” or “your” includes your employer) and represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify CONMEBOL for violations of these Terms. If you do not agree to all of the terms herein or are dissatisfied with the CONMEBOL Property, your sole remedy is to stop using the CONMEBOL Property.
2. DESCRIPTION OF CONMEBOL PROPERTY
2.1 The term “CONMEBOL Property” means this website and any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials, products, services or technology owned by CONMEBOL, its subsidiaries or its affiliates, licensors, partners or end users or made available to you by CONMEBOL directly or indirectly (e.g. on CONMEBOL Property, via hyperlinks or otherwise). CONMEBOL controls and operates CONMEBOL Property from various locations and makes no representation that the CONMEBOL Property is appropriate or available for use in any or all locations. CONMEBOL Property may not be available in your location, and CONMEBOL Property may vary among locations. Upgrades, updates, maintenance and support of CONMEBOL Property are provided by CONMEBOL at its sole discretion.
2.2 Subject to these Terms, CONMEBOL hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the CONMEBOL Property as intended and permitted by CONMEBOL solely for your personal, non-commercial use. You agree not to access or use the CONMEBOL Property through any interface other than the one provided by CONMEBOL for such access and use. No other use is permitted without the prior written permission of CONMEBOL. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms.
2.3 As between you and CONMEBOL, its subsidiaries, affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the CONMEBOL Property including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the CONMEBOL Property (other than rights to use CONMEBOL Property solely as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest CONMEBOL’s ownership of the CONMEBOL Property.
3. YOUR OBLIGATIONS AND CONDUCT
3.1 In consideration of your use of the CONMEBOL Property, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your CONMEBOL account, if any, and on the CONMEBOL Property (the “Registration Data”); (b) maintain the security of your password and identification, if any; (c) maintain and promptly update the Registration Data, and any information you provide to CONMEBOL, to keep it accurate, current and complete; (d) comply with these Terms and all applicable laws, rules and regulations; and (e) accept all risks of unauthorized access to information and Registration Data. You have the sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access, or otherwise use in connection with, the CONMEBOL Property. You are fully responsible for all activities that occur using your password, user names and/or CONMEBOL account, regardless of whether such activities are undertaken or authorized by you or a third party.
3.2 You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the CONMEBOL Property. You agree not to upload, post or otherwise transmit via the CONMEBOL Property information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to CONMEBOL or other users of the CONMEBOL Property; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. CONMEBOL reserves the right to edit or remove any information that it determines in its sole discretion violates these Terms or that contains third-party commercial advertisements.
3.3 You agree that you will not use the CONMEBOL Property to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be CONMEBOL or someone else, or spoof CONMEBOL’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the CONMEBOL Property or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the CONMEBOL Property; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including without limitation attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to CONMEBOL any personal data about other users unless specifically authorized in writing by such users and CONMEBOL.
4.1 You may obtain direct access via the CONMEBOL Property to CONMEBOL Property or other information that is confidential information of CONMEBOL and its subsidiaries, affiliates, licensors, partners or suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as being confidential or is deemed confidential by CONMEBOL (“Confidential Information”). You must hold Confidential Information in strict confidence. As between you and CONMEBOL, CONMEBOL and its subsidiaries, affiliates, licensors, partners and suppliers shall exclusively own and hold all right, title and interest in and to the Confidential Information including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations thereof.
4.2 Your obligations regarding Confidential Information will continue in perpetuity after the date of disclosure. Upon termination of the Terms or CONMEBOL’s written request, you must cease any and all use of Confidential Information and return or destroy it.
4.3 The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you lawfully possessed prior to your receipt from CONMEBOL, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public lawfully through no act or omission by you, or otherwise without violation of the Terms; (c) you lawfully obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently and lawfully developed without the use of Confidential Information and without the participation of individuals who have had access to it; or (e) is required by law to be disclosed in response to a valid order by a court or other governmental body or as necessary to establish the rights of either party under these Terms, but only as disclosed after prior notice to CONMEBOL adequate to afford CONMEBOL the opportunity to object to the disclosure or seek confidential treatment in its discretion.
5. YOUR CONTENT
5.2 If you wish to submit products to CONMEBOL for inclusion on our websites, databases or other CONMEBOL Property, please contact us for more information. Notwithstanding anything to the contrary, by submitting such products and other materials to CONMEBOL, you acknowledge and agree that those products and materials will not be returned to you and may be used by CONMEBOL at its discretion on an unrestricted basis for any purpose. As between you and CONMEBOL, CONMEBOL shall exclusively own and hold all right, title and interest in and to such products and materials you submit to CONMEBOL, including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations thereof. For the avoidance of doubt, all information, data, editorial content, materials, images, rich media and other content about products collected and/or created by CONMEBOL (including without limitation with or without reference to the products and/or materials you submitted to CONMEBOL) are the property of CONMEBOL and are CONMEBOL Property for purposes of these Terms.
6. CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT
You may find third party content and/or links to third party Internet sites or resources in or on the CONMEBOL Property. You acknowledge and agree that CONMEBOL is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and CONMEBOL does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. CONMEBOL will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with any use of or reliance on any such content, goods or services.
You agree to indemnify and hold CONMEBOL and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employees and representatives harmless from any claims made or brought by a third party, including without limitation lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable attorneys’ fees, due to, relating to or arising out of your content, property or any information or materials you provide or provided to CONMEBOL, use of or access to CONMEBOL Property by you and/or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees and representatives (including without limitation any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.
8. NOTICES; MODIFICATION, AND TERMINATION OF CONMEBOL PROPERTY
CONMEBOL may provide notice to you via email, regular mail, or posting notices or links to notices via the CONMEBOL Property. CONMEBOL and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the CONMEBOL Property (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms, these Terms and any and all of your rights to use or access CONMEBOL Property shall immediately and automatically cease and terminate. CONMEBOL will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the CONMEBOL Property (or any part thereof or related information or files), or loss of related information.
9. ADVERTISEMENTS AND PROMOTIONS
CONMEBOL may run advertisements and promotions on the CONMEBOL Property, including without limitation on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than CONMEBOL found on or through the CONMEBOL Property, including payment 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 company. CONMEBOL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements or promotions on the CONMEBOL Property.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by CONMEBOL, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of the CONMEBOL Property, in whole or in part, by any means. You may not, for example, publish any portion of the CONMEBOL Property (or links thereto) on any internet, intranet or extranet site or incorporate the CONMEBOL Property in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software CONMEBOL discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.
10.2 “CONMEBOL Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations CONMEBOL uses in connection with its products and services, and those of its subsidiaries. You agree to comply with CONMEBOL’s Trademark Guidelines, which are available here and incorporated into these Terms. You may not use, remove or alter any CONMEBOL Trademarks, or co-brand your own products or material with CONMEBOL Trademarks, without CONMEBOL’s prior written consent. You acknowledge CONMEBOL’s rights in CONMEBOL Trademarks and agree that any use of CONMEBOL Trademarks by you shall inure to CONMEBOL’s sole benefit. You agree not to incorporate any CONMEBOL Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
10.3 CONMEBOL is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on CONMEBOL Property, please contact our Copyright Agent in accordance with our Copyright Policy which is available here and incorporated into these Terms.
10.4 Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any CONMEBOL Property or any other product, content, technology, intellectual property or service of CONMEBOL or its subsidiaries, affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use CONMEBOL Property on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of CONMEBOL or its subsidiaries, affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from CONMEBOL or its subsidiaries, affiliates, licensors or partners.
11. DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW:
11.1 YOUR USE OF THE CONMEBOL PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. CONMEBOL AND ITS SUBSIDIARIES AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONMEBOL PROPERTY. THE CONMEBOL PROPERTY IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CONMEBOL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CONMEBOL MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE CONMEBOL PROPERTY.
11.2 CONMEBOL MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE CONMEBOL PROPERTY WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONMEBOL PROPERTY WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE; (C) THE QUALITY OF ANY CONMEBOL PROPERTY OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE CONMEBOL PROPERTY WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE CONMEBOL PROPERTY WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE CONMEBOL PROPERTY (INCLUDING WITHOUT LIMITATION DAMAGE CAUSED BY CHANGES TO THE CONMEBOL PROPERTY), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, CONMEBOL IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE CONMEBOL PROPERTY, EVEN IF CONMEBOL HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE CONMEBOL PROPERTY; (B) 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 CONMEBOL PROPERTY; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) DEATH OR PERSONAL INJURY OR (E) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between you and CONMEBOL relating to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on CONMEBOL unless in writing and signed by an authorized CONMEBOL representative. CONMEBOL reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. CONMEBOL may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of the CONMEBOL Property after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use CONMEBOL or third-party products or services.
14.2 You agree that any material breach of Sections 3, 4, 5, 6 and 10 of the Terms will result in irreparable harm to CONMEBOL for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CONMEBOL will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CONMEBOL seeks such an injunction.
14.3 Unless contrary to applicable law in your jurisdiction: