TOML’s Terms of Use
The present terms of use (the “Terms of Use”) constitute a binding agreement between you (“You”) and the International Olympic Committee (the “IOC”) and govern Your access and use of The Olympic Multimedia Library (“TOML”) through any media whatsoever.
By accessing, browsing and using TOML, You agree to comply with and be bound by these Terms of Use, all terms, policies, guidelines and documents incorporated by reference, including in particular the IOC’s Privacy Policy and the IOC Terms of Service. Please take the time to read these Terms of Use carefully before using TOML. If You do not agree with any of these Terms of Use, please refrain from accessing or using TOML.
The IOC reserves the right to change any of the terms and conditions contained in the present Terms of Use, including by adding additional provisions relevant to Your access and use of TOML, and any documents referred to herein, at any time and in its sole discretion. You will be notified of any changes made to the Terms of Use and changes will be effective immediately upon posting on TOML. Your continued use of TOML following the posting of changes constitutes Your acceptance of such changes. We encourage You to review regularly the Terms of Use and other documents referred to herein whenever You visit TOML.
The access and use of TOML may require the installation of the most recent version of browsers available. You can access and use TOML through the Internet on browsers like Chrome, Firefox, Internet Explorer and Safari. Please make sure that You are using the latest version of browsers to use TOML efficiently.
1. USE OF TOML
1.1. Authorized uses
TOML is intended solely for professional use, in the context of and as necessary for Your relationship with the IOC. You may use or print information appearing on TOML solely for professional purposes as authorised in writing and in advance by the IOC. Accessing, using, selecting or reproducing any still/moving images, documents or audio recordings (the “IOC Content”), gives You no right, title or interest with respect to said IOC Content. Licenced rights shall only be granted through the IOC’s express prior written confirmation that Your request has been validated by the IOC at its sole discretion, and in accordance with the terms of the corresponding licence agreement (the “IOC Content Licence Agreement”) and any other agreement You may have with the IOC, its subsidiaries or affiliates.
1.2. Unauthorized uses
TOML shall not be used in any manner inconsistent with the present Terms of Use. Specifically, without limitation:
1.2.1. You are not authorized to use TOML for any other purposes than as authorized under Section 1.1 above. Without limitation, the access to TOML, the download and/or reproduction of its content (including the IOC Content) and any modification, alteration, publication, distribution, transmission, retransmission, reproduction, display, dissemination, broadcast, making available or otherwise communication to the public, (as defined in Section 1.1 above), in whole or in part and by any means, is strictly prohibited, without the IOC’s prior written consent.
1.2.2. You must not use TOML in any way that has the purpose or effect of undermining the integrity of TOML and/or the IOC’s or third party’s IT systems or services or impairing the availability or accessibility of TOML, or that causes, or may cause any damages to the IOC, any other member of the Olympic Movement, or any third party whatsoever.
1.2.3. You must not use TOML to infringe 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 and You must ensure that Your use of TOML complies with all applicable laws, including regarding the protection of personal data.
1.2.4. You must not:
(i) deep link, use, employ or conduct any systematic or automated data collection activities (including without limitation crawling, scraping, data mining, data extraction and data harvesting) on or in relation to TOML, and/or retrieve or copy the IOC Content or related information, without the IOC’s express prior written consent;
(ii) violate the mechanical restrictions of TOML, or bypass other measures employed to prevent or limit access to TOML or the IOC Content by hacking or other means;
(iii) probe, scan, or test the vulnerability of TOML or of the network supporting TOML, or seek information on visitors or registrants to TOML; or
(iv) use any device, software or routine that would interfere with the proper functioning of TOML, or any transaction conducted via TOML.
Unauthorized use of the IOC Content constitutes infringement of copyright and other applicable rights and shall entitle the IOC to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such IOC Content.
2. COPYRIGHT, REGISTERED TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
2.1. Ownership of TOML and its IOC Content
TOML, including without limitation any trademark, distinctive sign, logo, audio-visual work, moving or still image, photograph, film and footage, sound, music, document, text, illustration, drawing, graphic, design, layout, theme, look and feel or software, presented on or included within TOML or in its implementation and design (“TOML Features”) is the exclusive property of the IOC, and is protected by the laws governing intellectual property and other proprietary rights. TOML Features may not be used, downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited or authorized to be exploited. You agree not to use or exploit or authorize to use of exploit TOML Features in any manner inconsistent with the present Terms of Use and in particular, You are not allowed to modify, edit, translate, adapt, or disassemble TOML Features or to create derivative elements or works based upon TOML Features.
All rights not expressly granted in the present Terms of Use are reserved and restricted to the IOC and its licensors and, in particular, Your use of TOML shall not be construed as authorizing or granting You any authorization or license to use any of the Olympic Properties, such as the Olympic emblem, or any trademark, theme, logo, mascot or other designation. For the avoidance of doubt, You shall not use and/or exploit TOML in any manner that may create a confusing or misleading impression, directly or indirectly, that You have (or any third party has) a marketing association of any kind (including by way of a sponsorship or endorsement, and whether official or unofficial, and whether direct or indirect) with the IOC and each other entity (existing or to be created) owned and/or directly or indirectly controlled by the IOC from time to time, including the Olympic Foundation for Culture and Heritage, IOC Television & Marketing Services S.A., Olympic Channel Services S.A., Olympic Channel Services S.L., Olympic Broadcasting Services S.A. and Olympic Broadcasting Services S.L. and/or their other affiliates, any national Olympic team, any of the Olympic Properties, the Olympic Games and/or the Olympic Movement.
These Terms of Use apply to Your use of TOML and do not alter in any way the terms or conditions of any other agreements You may have with the IOC, its subsidiaries or affiliates or with any other entities related to the Olympic Movement, such as Organizing Committees for the Olympic Games and National Olympic Committees.
2.2. Use of TOML and TOML’s IOC Content
Under the condition that You comply with the present Terms of Use, the IOC grants You a limited, personal, non-exclusive, non-assignable, non-transferable, worldwide, royalty-free and revocable right to access and use TOML, in order to access the IOC Content uploaded to and made available through TOML, and to place requests for the use of such IOC Content in accordance with the IOC’s applicable Guidelines, licence terms or agreement You may have with the IOC, its subsidiaries or affiliates[,or with any other entities related to the Olympic Movement, such as Organizing Committees for the Olympic Games and National Olympic Committees.
At the IOC’s discretion, some IOC Content may be visibly, invisibly, or electronically watermarked and may include the use of digital rights management system technology. Such technology may permit online crawling or tracking of the IOC Content obtained from the IOC and/or other methods of protecting, monitoring, or tracking the unauthorized use of the IOC Content “Rights Management Systems (RMS)”. If You do not consent to the IOC’s use of RMS, do not use TOML or any IOC Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the IOC Content, caption information, or any other material on TOML.
You understand that Your selection of the IOC Content will be subject to prior validation by the IOC, at its sole discretion.
The IOC reserves the right, in its sole discretion, to revoke Your authorization to view, download and use the IOC Content and information available on TOML at any time and for any reason, with or without notice to You of such revocation, and You agree to immediately discontinue such use upon notice from the IOC. The IOC may also restrict or remove the IOC Content from TOML for any reason, and You agree to immediately discontinue all use of the IOC Content upon notification from the IOC. Additionally, You are responsible for backing up Your data and any IOC Content You have licensed from TOML, and the IOC provides no warranty or guarantee that the IOC Content You have licensed will be available from TOML.
3. DATA PROTECTION
In order to operate, maintain and develop TOML and allow Users to register and have access to TOML, the IOC processes certain information about You and Your use of TOML, including through automatic tracking processes (cookies), in accordance with TOML’s Privacy Policy. By agreeing to these Terms of Use, You confirm you have read and accepted the TOML’s Privacy Policy. .
4. CONFIDENTIALITY
You shall consider TOML’s IOC Content, as well as any information, document or other data communicated or made available by the IOC or by any third party pursuant to the IOC’s request on TOML (which shall be collectively referred to as “Confidential Information”), as confidential and the exclusive property of the IOC 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 TOML pursuant to the present Terms of Use, or in accordance with the IOC’s applicable Guidelines, licence terms or agreement You may have with the IOC, its subsidiaries or affiliates, without the prior written authorization from the IOC. The obligations arising from this provision shall survive the present Terms of Use and Your use of TOML.
5. INDEMNIFICATION
You shall fully and completely indemnify, keep indemnified and hold harmless the IOC (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 the present Terms of Use. The obligations arising from this provision shall survive the present Terms of Use and Your use of TOML.
6. DISCLAIMER AND WARRANTIES
You agree that Your use of TOML shall be at Your sole risk and liability. You acknowledge that TOML is provided to You “as is” and that, to the fullest extent permitted by applicable law, the IOC disclaims all warranties, express or implied, in connection with your use of TOML. It is Your responsibility to verify and ensure that Your use of TOML, including Your use of requested IOC Content, complies with all applicable laws and regulations and, if the use of TOML, or such requested IOC Content, is in whole or in part prohibited in Your jurisdiction, You must discontinue such use immediately.
The IOC makes no warranties or representations about and assumes no liability for the accuracy or completeness of any TOML Feature, any IOC Content made available on TOML or the IOC Content of any website linked to TOML. This includes without limitation any errors, mistakes, inaccuracies of TOML, as well as the timely and proper delivery of IOC Content, or limitations, personal injury or property damage, of any nature whatsoever resulting from Your access to or use of TOML, any unauthorized access to or use of TOML and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from TOML, any bugs, viruses, or the like which may be transmitted to or through TOML by any third party.
7. LIMITATION OF LIABILITY
To the fullest extent admissible under applicable law, the IOC (including its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders), shall have no liability to You or any third party for
(i) any loss or damage arising from:
(a) Your inability to access or use TOML or any part or parts thereof, or to access any IOC Content via TOML;
(b) any changes that the IOC may make to TOML or any part thereof, or any temporary or permanent suspension or cessation of access to TOML or any IOC Content in or from any or all territories;
(c) any action taken against You by any third party with respect to any alleged infringement of such third party’s rights relating to Your use of TOML, or any action taken as part of an investigation by the IOC or any relevant law enforcement authority regarding Your use of TOML;
(d) any errors or omissions in TOML’s technical operation, or from any inaccuracy or defect in any TOML Feature, or any information relating to the IOC Content;
(e) Your failure to keep Your username or password suitably confidential;
(ii) any loss or damage to any computer hardware or software, any loss of, or any loss or damage from any security breach; and/or
(iii) any loss of profits, or any other indirect, incidental, special, consequential or punitive damages.
Despite our efforts to provide accurate information, TOML may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, TOML and its IOC Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that Your search may display results containing IOC Content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether Your use of any IOC Content requires the consent of any third party or the license of any additional rights, and You should not rely solely on the information provided by the IOC. If You are unsure whether additional third-party rights are needed for Your use, You are responsible for consulting with competent rights management professionals or legal counsel.
The IOC hereby warrants that the IOC Content is either owned and/or controlled or has been licensed or authorized to the IOC; in accordance with the corresponding information displayed in TOML; without violating any intellectual property right or any right of any third party.
8. WAIVER
No waiver by any party hereto, whether express or implied, of its rights under any provisions of these Terms of Use 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 Use. No failure by any party hereto to take action with respect to any breach of the present Terms of Use or default by another party hereto shall constitute a waiver of the first party’s right to enforce any provision of these Terms of Use.
9. MISCELLANEOUS
You acknowledge and agree that these Terms of Use do not create a partnership, an employer-employee relationship, joint venture or similar relationship between You and the IOC.
These Terms of Use (along with all terms, policies, guidelines and documents incorporated by reference, including in particular the IOC’s Privacy Policy and the IOC Content Licence Agreement represent the entire and integrated agreement between the IOC and You in relation to Your access and use of TOML. The present Terms of Use are not intended and shall not have the effect of terminating, modifying or supersede any preexisting or ongoing contractual agreement between You and the IOC, or any entity related to the IOC or any other User.
The present Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the IOC without restriction.
If any clause in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
10. TERMINATION
The IOC may at its sole discretion immediately suspend or cancel Your access and/or use of TOML, or terminate this agreement, for any reason or no reason at any time and without notice if You fail to comply with any provision of this agreement, or the terms, policies, guidelines and documents incorporated by reference, including in particular the IOC’s Privacy Policy and the IOC Content Licence Agreement. Upon cancellation, suspension or any termination, Your right to use TOML stops right away and You agree to immediately (i) stop using TOML and the IOC Content and (ii) delete all IOC Content and all copies from all magnetic media and destroy all other copies, or, at the IOC’s request, return all such copies to the IOC. Upon any termination of this agreement, all other rights granted to You under the present Terms of Use will also automatically terminate.
11. APPLICABLE LAW AND JURISDICTION
The present Terms of Use shall be governed, interpreted and construed by, under and pursuant to the laws of Switzerland, without reference to its principle of conflict of laws.
You agree that any dispute, controversy or claim arising out of or in relation to the present Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts in Lausanne, Switzerland.
12. CONTACT INFORMATION
For any legal issue concerning these Terms of Use, please contact the IOC Legal Affairs Department by e-mail at: legal@olympic.org; and for any technical issue concerning TOML, please contact admin-multimedialibrary@olympic.org.
You acknowledge that You have read these Terms of Use and understand them, and agree to be bound by all its terms and conditions. You hereby represent and warrant that the information You provided to the IOC is true, accurate and complete about Yourself and Your request.
