Terms and Conditions

1. Scope of application

The following contains the terms and conditions for the use of the BASKETBALL OFFICIATING IN EUROPE website ("referee website", "Website"). By registering for the referee website you ("your", "User") agree to the terms and conditions set out below.

The terms and conditions below apply in addition to FIBA Europe e.V. Ismaninger str. 21 81675 Munich ("FIBA Europe") general terms and conditions for use of the website and FIBA Europe's Data Protection Notice. Such general terms and conditions and Data Protection Notice may be viewed here and shall be incorporated by reference in these terms and conditions for the use of the Website.

These terms and conditions shall prevail over any contradicting terms and conditions. FIBA Europe may change, add or remove portions of these terms and conditions at any time. If the changes represent a material departure from the current terms and conditions FIBA Europe will send you such changes via e-mail. It is your responsibility to renew your agreement to the terms and conditions prior to continuing the use the referee website.

2. Scope of application

FIBA Europe referee website is addressed to especially Game Officials (referees, commissioners) licensed by FIBA and taking part in competitions organized by FIBA Europe solely.

3. Modifications to service

FIBA Europe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that FIBA Europe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

4. Your registration obligations

The referee website requires registration. In consideration of your use of this area of the Website, you agree to:

(a) provide true, accurate, current and complete information as prompted by the Member registration site (such information being the "Registration Data") and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FIBA Europe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FIBA Europe has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

The registration authorizes only the person registered to use the referee website and is not transferable.

5. Privacy policy

Protecting the security and privacy of users' personal data is of great importance to us. For full information on this, please refer to our Privacy Policy at https://www.europebasketofficials.com/privacy.

6. Password and username

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:

(a) immediately notify FIBA Europe of any unauthorised use of your password or account and any other breach of security, and

(b) ensure that you exit from your account at the end of each session. FIBA Europe cannot and will not be liable for any loss or damage arising from your failure to comply with this section 6.

7. Scope of utilization of the website

You hereby agree to use this Website in an appropriate manner and only in accordance with these terms and conditions.

The use of the Website is for private purposes only. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Website, use of the Website, or access to the Website, without the prior written consent of FIBA Europe.

FIBA Europe gives the User the single and non-transferable right to download training documents and use online tests ("online learning system"). The online learning system allows you to develop your decision-making skills and refresh/strengthen your knowledge. All training documents are intended for the exclusive personal use of the User. The User recognizes copyright and therefore the exclusive distribution rights and right of use of the online learning system. The right to use the online learning system is limited to the length of the Game Official License period and is rescinded following the license of the user become invalid. FIBA Europe is not required to provide notice of this rescission (section 11).

9. Proprietary rights

You acknowledge and agree that the referee website and any necessary software used in connection with the Website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FIBA Europe or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.

FIBA Europe grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Website. You agree not to access the Website by any means other than through the interface that is provided by FIBA Europe for use in accessing the Website.

10. Copyrights and copyright agents

FIBA Europe possesses only the copyright concerning the database itself. The copyright concerning the data in the database belongs to the respective owner of such data. By putting data on the database you grant FIBA Europe and the Users of the FIBA Europe Referee website the right to use this data in accordance with these terms and conditions.

FIBA Europe respects the intellectual property of others. If you believe that any of your intellectual property rights have been infringed on the website, please provide FIBA Europe with the following information via post or e-mail at fernando.garzon@td.fiba.basketball:

  1. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

11. Termination

You agree that FIBA Europe in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if FIBA Europe believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions.

FIBA Europe may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of the Terms and Conditions may be effected without prior notice, and acknowledge and agree that FIBA Europe may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that FIBA Europe shall not be liable to you or any third-party for any termination of your access to the Website.

12. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

A. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIBA EUROPE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

B. FIBA EUROPE MAKES NO WARRANTY OR REPRESENTATION THAT

  1. THE WEBSITE WILL MEET YOUR REQUIREMENTS,
  2. THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE,
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND
  5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIBA EUROPE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

13. Liability

You are aware that FIBA Europe cannot verify and has not verified any of the copyrights or intellectual property rights of the Users of the referee website. FIBA Europe accepts no liability for any damages or loss suffered by any person who calls up and uses information offered/provided by FIBA Europe Referee website. You are aware that information passed on to the FIBA Europe Referee website will be held by and stored with FIBA Europe and FIBA Europe accepts no liability with respect to any person, firm, corporate body or other, as a result of the information provided to the FIBA Europe Referee website not being duly registered/protected with appropriate or requisite intellectual property rights. Furthermore, FIBA Europe shall not be held liable as a result of the information provided to it not being duly conferred in accordance with any law or regulation (including under the requirements of any intellectual property law or regulation) and makes no representation as to the accuracy or appropriate registration of any required intellectual property rights in respect of the information provided to it.

You explicitly acknowledge and agree that FIBA Europe has no responsibility for any web links or pages which appear on its homepage and accepts no liability or responsibility for the subject matter of such pages or any loss or damage suffered as a result of the use thereof.

You accept that FIBA Europe shall have no liability for any loss or damage suffered by any person (whether direct or indirect) or as a result of any vicarious liability (whether as a result of any act of omission or as a result of a breach of their contract or otherwise) other than to the extent that such loss or damage arises from a deliberate act or omission, fraud or gross negligence by FIBA Europe.

14. Notice

Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Website.

15. Violations

Please report any violations of the Terms and Conditions to FIBA EUROPE via post or e-mail at fernando.garzon@td.fiba.basketball

16. Court of jurisdiction and governing law

Place of performance, execution and delivery of the service rendered under these terms and conditions is Munich and the relevant court of jurisdiction of these terms and conditions is the Landgericht München I.

The validity of these terms and conditions and the rights and obligations resulting from them shall be construed in accordance with German Law. You hereby agree that the Landgericht München I shall have the exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions and any action or proceedings relating to or arising out of or in connection with these terms and conditions shall be brought in such courts.

17. Severability

If any clause or provision of these terms and conditions be invalid or unlawful in any jurisdiction such clause or provision shall only be in ineffective to the extent of such invalidity or unenforceability. The remainder of these terms and conditions shall not be affected thereby and shall remain in full force and effect and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. If any provision of these terms and conditions is held to be invalid or unenforceable but would be valid or unenforceable if some part of the provision were deleted, the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.

This document was last updated on 11th May 2020