Terms of Service

1. AGREEMENT WITH THE ISU

This document defines the conditions for accessing and using the information resources, systems and applications made available by the International Skating Union (the “ISU”) to constituents (e.g. National Federations, Organizing Committees), its commercial partners and other authorized third parties through its Extranet or other “Business-to-Business” website(s) (the “ISU Business Applications”).

The terms contained herein, as well any additional terms which may be notified to you specifically in relation to a relevant ISU Business Application (together “Terms of Service”), constitute a binding agreement between you and the ISU governing your access and use of ISU Business Application including the various types of contents made available therein (such as texts, pictures, video, audio, graphics, drawings, databases, user comments, data and computer code related thereto and any other content, collectively the 'Content').

By accessing or using the ISU Business Applications, you agree to comply with and be bound by these Terms of Service. Please read these Terms of Service carefully before using any ISU Business Application. If you do not agree with the Terms of Service, please refrain from accessing or using the ISU Business Applications. These Terms of Service do not alter, modify or supersede any other agreement you or your organization may have with the ISU, its subsidiaries or affiliates, which shall continue to apply including, where applicable, in relation to your access and use of ISU Business Applications and Content.

2. USE OF THE ISU BUSINESS APPLICATIONS

2.1. Authorized uses

ISU Business Applications, including via website and mobile apps, and any Content, are made available to solely for your professional use, in the context of and as necessary for your, and your organization’s, relationship with the ISU, , in compliance with applicable laws (including GDPR and the Swiss revDSG) and in the respect of applicable laws and of these Terms of Service (in particular Sections 2.3, 3, and 5).

2.2. Unauthorized uses

The following uses of ISU Business Applications, including any Content are specifically prohibited:

Use of ISU Business Applications, including any Content and ISU Feature for any other purposes than as authorized under Section 2 above. In particular, and except covered by legitimate business needs related to your, and your organization’s, relationship with the ISU, the modification (in whole or in part and by any means), the permanent copying or storage of the ISU Business Applications (including any Content), the ISU Features (as defined in Section 3.1 below), or any part thereof or their re-distribution, including their dissemination, publication, distribution, transmission, creation of derivative elements or works from, or communication to the public, broadcast of or otherwise making available, by any means or in any manner or form, is strictly prohibited, without ISU's prior approval.
Use of ISU Business Applications in any way that (i) undermines the functioning or integrity of the ISU Business Applications and/or the ISU’s or third party’s IT systems or services (ii) reduces the availability or accessibility of the ISU Business Applications,

(iii) causes damage to the ISU, any other Member of the ISU, or any third party (iv) infringes upon the intellectual property rights, image rights, personal rights or other rights of any third party (including the circumvention of technological measures established for the protection of such rights) or (v) is linked to any unlawful, fraudulent or harmful purpose or activity.

Use of ISU Business Applications to upload, store, submit or make available through any User Content which is unlawful, fraudulent, obscene, which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other similar malicious software, or which infringes upon the intellectual property rights, or other rights of any third
Use of ISU Business Applications to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) without ISU’s express prior written
Use of attempt to use any Content that was not intended to be made available to you on ISU Business Applications; or
Allow third parties to use your log-in information and password to access ISU Business Applications.

2.3. Other uses

ISU Business Applications, including mobile apps, include YouTube API Services. By accessing or using our Services, you agree to the YouTube Terms of Service (https://www.youtube.com/t/terms) and Google Privacy Policy (http://www.google.com/policies/privacy).

Information accessed via the YouTube API Services is never shared with internal or external parties. The data will not be used for serving advertisements nor will it be stored in the ISU’s Digital Ecosystem. You can revoke access to this information at any time via the Google security settings page at https://security.google.com/settings/security/permissions.

3. INTELLECTUAL PROPERTY

Ownership of the ISU Business Applications and their Content

As between you and the ISU, ISU Business Applications, mobile apps are owned by the ISU and its licensors. Unless otherwise indicated, all Content featured, displayed or made available or distributed to you pursuant to the ISU Business Applications and all trademark, distinctive sign, logo, design, layout, theme, look and feel available on ISU Business Applications or any Content (the 'ISU Features'), are the ISU’s property and/or are protected by the laws governing intellectual property and other proprietary rights. If you download or use any Content, you shall not obscure or remove any ISU feature, or any copyright or other proprietary notices that appear on such Content. Moreover, the use of any such Content shall be in strict accordance any specific terms or notices provided by the ISU, either visible with the Content or in its metadata.

3.2. Use of the ISU Business Applications and Content

Under the condition that you comply with these Terms of Service, the ISU grants you a limited, individual, non-exclusive, non-assignable, non-transferable, worldwide, royalty-free and revocable right (or otherwise as specifically provided for any relevant Content):

to access and use the ISU Business Applications and any Content made available to you by the ISU (including ISU Features, however solely to the extent and in the manner and context such ISU Features are appearing on or, included in any ISU Business Applications or any Content), and to download, modify, edit, delete such Content using content management tools of the relevant ISU Business Application where the appropriate functionality has been enabled by the person/entity who uploaded the relevant Content on the concerned ISU Business Application; and
to submit, upload or post such Content to the ISU Business Applications strictly as permitted in accordance with these Terms of Services.

3.3. Your Content

Were such functionalities are available to you within the relevant ISU Business Application, you may submit Content which will be reproduced, hosted and stored by the ISU at the direction of other Users, for their use on through the relevant ISU Business Application.

By submitting any Content through the ISU Business Applications (“Your Content”), and unless otherwise agreed in writing with the ISU, you

allow other Users to use Your Content in conformity with the present Terms of Service; and
grant the ISU a non-exclusive, worldwide, royalty-free, assignable license to use, reproduce, display, transmit, distribute and create derivative elements or works based upon Your Content on the ISU Business Applications, in whole or in part, through any media and telecommunications technology now known or hereafter devised providing access to the ISU Business Applications for the purposes of operating, developing and maintaining the ISU Business Applications and making it available to users. You grant such license to the ISU for as long as Your Content remains hosted / stored on the ISU Business Applications.

Through configuration of access, edit and further use parameters, you are entitled to restrict the accessibility of Your Content by other Users, as well as such other Users’ right to edit, modify, copy, take or delete excerpts of, reproduce, re-post or delete Your Content. It is your responsibility to configure access, edit and further use parameter for each of Your Content you upload on ISU Business Applications, or to refrain from uploading any such Content on ISU Business Applications, as necessary for you to comply with any legal requirements applicable to such Content (arising for instance from any confidentiality requirements, data protection or intellectual property rights) or in accordance of any rights you retain on Your Content.

4. DATA PROTECTION

To operate, maintain and develop the ISU Business Applications, allow your registration for, access and use of the ISU Business Applications, and ensuring the respect of these Terms of Service, the ISU will collect and process certain information about you and your use of the ISU Business Applications, including through automatic tracking processes (cookies, SDKs, or similar technologies in apps). This information includes in particular your first name, last name, phone number, email address, business organization, title, IP address, device identifiers (for apps) and information on the Content you accessed and used.

You understand that this information will be processed by the ISU in accordance with the ISU’s Privacy Policy, in line with the requirements of the EU GDPR and the Swiss Federal Act on Data Protection (revDSG), in cooperation with its affiliates and subcontractors working on ISU’s behalf to make available, operate, host and secure ISU Business Applications.

You have the right to request access, correction, duration, limitation of processing, data portability, and to object to the processing of your data (including for marketing purposes). Where processing is based on consent (e.g., analytics or marketing cookies/ technologies), you may withdraw your consent at any time.

Notifications and information relevant to your use of ISU Business Applications may be sent to you by the ISU and/or any User through a notification banner on the ISU Business Applications, push notifications, in app notification and/or by email to the address that you provided to the ISU during the registration process and/or any other available means of communication. If you decide to sign-up for such communications, the ISU or its affiliates may also send you marketing communications related to the ISU and its sports, while giving you the possibility to unsubscribe from this service at any time sign up for marketing communications you can unsubscribe at any time..

5. CONFIDENTIALITY

Unless otherwise indicated by the ISU or in case of publicly available Content, You shall consider ISU Business Applications’ Content, as well as any information, document or other data communicated or made available by the ISU or by any third party pursuant to the ISU’s request on the ISU Business Applications (which shall be collectively referred to as “Confidential Information”), as confidential and the exclusive property of the ISU or the concerned third party. You undertake and accept to keep all the Confidential Information secret and not to disclose it, wholly or in part, to any third party, and not to make use of the Confidential Information, other than as required for your use of the ISU Business Applications pursuant to the present Terms of Service, without the prior written authorization from the ISU.

6. INDEMNIFICATION

You shall indemnify, keep indemnified and hold harmless the ISU (including its employees, agents, directors, consultants, representatives, contractors and affiliates) from any and all claims by, or liability to, any third party for loss, damage or injury to persons or property (including legal fees and related costs and expenses), caused by or occurring in connection with your breach of these Terms of Service or any of Your Content on ISU Business Applications.

7. DISCLAIMER AND WARRANTIES

Access and use of the ISU Business Applications may require the installation of the most recent version of the browsers or mobile operating systems available. You can access and use the ISU Business Applications through the Internet on browsers like Chrome, Firefox, Internet Explorer and Safari or . Please make sure that you are using the latest version of browsers or mobile OS to use the ISU Business Applications efficiently.

You acknowledge that the ISU Business Applications are provided to you “as is” and that, to the fullest extent permitted by applicable law, the ISU and its directors, employees, content providers, agents and affiliates disclaim all warranties in connection with the ISU Business Applications, including any Content, and your use thereof. It is your responsibility to verify and ensure that your use of the ISU Business Applications complies with applicable laws and regulations applicable in your jurisdiction and, if the use of the ISU Business Applications is in whole or in part prohibited in your jurisdiction, you must discontinue such use immediately. Nothing in these Terms shall exclude rights granded to you under GDPR or Swiss revDSG where such rights are mandatory.

The ISU makes no warranties or representations in relation to the accuracy or completeness of any Content or ISU Feature or the content of any website linked to the ISU Business Applications. This includes without limitation any errors, mistakes, inaccuracies of Content, as well as its timely and proper delivery, any bugs, viruses, or other malware which may be transmitted to or through the ISU Business Applications by any third party. The ISU does not systematically monitor the Content made available on the ISU Business Applications by Users and does not guarantee the accuracy, integrity or quality of such Content.

8. LIMITATION OF LIABILITY

To the fullest extent admissible under applicable law, the ISU (including its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders), disclaims any liability to you or any third party for any damage, loss or claim arising from:

your use of any ISU Business Application including any Content or ISU Feature

your inability to access or use the ISU Business Applications or any part or parts thereof, or to access any Content or any external services via the ISU Business Applications;
any change that the ISU may make to the ISU Business Applications or Content or any part thereof, or any temporary or permanent suspension or cessation of access to the ISU Business Applications or any Content in or from any or all territories;
any action taken against you by any third party with respect to any alleged infringement of such third party's rights relating to Your Content or your use of the ISU Business Applications;
any errors or omissions in the technical operation of the ISU Business Applications, or from any inaccuracy or defect in any ISU Feature or Content;
your failure to keep your log-in information or password confidential;

The above limitations of liability shall not apply in case of damages caused by the ISU's (including ISU's subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders) intent or gross negligence, or where liability cannot be execluded under applicable law (including GDPR and Swiss revDSG provisions).

9. WAIVER

No waiver by any party hereto, whether express or implied, of its rights under any provisions of these Terms of Service shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party's rights under any other provision of the present Terms of Service. No failure by any party hereto to take action with respect to any breach of the present Terms of Service or default by another party hereto shall constitute a waiver of the first party's right to enforce any provision of these Terms of Service with respect to ISU Business Applications..

10. MISCELLANEOUS

You acknowledge and agree that these Terms of Service does not create a partnership, an employer-employee relationship, joint venture or similar relationship between you and the ISU. (applies equally to website and app use).

The present Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the ISU without restriction.

If any clause in these Terms of Service is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

11. TERMINATION

These Terms of Service shall apply for as long as you are allowed by the ISU to use ISU Business Applications. Obligations arising from Section 3, 5, 6, 7 and 8 will survive any termination of these Terms of Service.

The ISU may at its sole discretion suspend or cancel your right to access and/or use any ISU Business Application, at any time, including without limitation in case the ISU considers that you do not respect the present Terms of Service. Upon cancellation, suspension or any termination, your right to use the ISU Business Applications and all other rights granted to you under the present Terms of Service will immediately terminate.

12. MODIFICATION OF THE TERMS OF SERVICE

The ISU reserves the right to change any of the terms and conditions contained in the present Terms of Service, at any time and in its sole discretion. Users will be notified, by email, app notification or by other appropriate means of any material changes made to the Terms of Service and changes will be effective immediately upon posting on this website or in the ISU mobile apps. If changes are material (e.g. new features, data protection practices), your continued use of the ISU Business Applications following the posting of changes constitutes your acceptance of such changes.

13. APPLICABLE LAW AND JURISDICTION

The present Terms of Service shall be governed, interpreted and construed by, under and pursuant to the laws of Switzerland, without reference to its principle of conflict of laws. Where GDPR or revDSG grant you mandatory rights as a user, those rights remain unaffected.

You agree that any dispute, controversy or claim arising out of or in relation to the present Terms of Service shall be submitted to the exclusive jurisdiction of the competent courts in Lausanne, Switzerland.

Joost SMIT