1. INTRODUCTION This document (ODF Terms) contains the general terms and conditions governing access and use of: a. The Olympic Data Feed (ODF) and b. Olympic Data obtained through the ODF in the context of the Games of the XXXI Olympiad in Rio de Janeiro, Brazil (Games), in accordance with Rule 7 of the Olympic Charter. Olympic Data means certain live and archive Olympic Games related data, delivered in real time and point-in-time, including but not limited to results, events, schedules, statistics, start lists, biographies, team data, historical results, records, medalists, rankings, scoring and timing, weather and other results, in a protocol and specifications owned and updated from time to time by the IOC.
These ODF Terms apply to all organizations authorized by the IOC to access the ODF (each a Licensee), which may include media organizations, National Olympic Committees (NOCs), other Olympic bodies, International Sports Federations (IFs) and other organizations. These ODF Terms also apply to all bona fide media organizations which, as part of their subscription to services provided by Licensees directly authorized by the IOC (such as press agencies), receive Olympic Data, together with other information, as part of such services (Licensee Clients) (and Licensee Clients shall be regarded as “Licensees” for these purposes). By accessing the ODF and/or using any Olympic Data you agree to be contractually bound by these ODF Terms. These ODF Terms are not intended to limit either the freedom of the media to provide independent news coverage of the Games and related events or the editorial independence of the material published by the media.
2. ACCESS TO THE ODF AND OLYMPIC DATA The IOC grants to each Licensee a non-exclusive, limited, non-transferable (save as provided in section 6), revocable license to: a. Access the ODF; and b. use, copy, publish, distribute or communicate Olympic Data in each case as follows: (i) for legitimate bona fide reporting and information purposes related to the Games; (ii) in connection with those platforms upon which the Licensee operates online and/or offline publications in the usual course of business and/or operations; (iii) in a manner consistent with each Licensee’s general mission and activities; and (iv) subject to these ODF Terms. All rights and authorizations not expressly granted by these ODF Terms are reserved by the IOC. Any use of the ODF or Olympic Data not expressly permitted in these ODF Terms requires the prior written approval of the IOC.
3. INTELLECTUAL PROPERTY As between the IOC on one hand and each Licensee (and its Licensee Clients, if applicable) on the other, any and all Intellectual Property Rights in and to the ODF, any databases comprised in the ODF and Olympic Data belong to the IOC and other third party owners, as applicable. No Licensee or Licensee Client shall claim or assert any intellectual property rights in Olympic Data or the ODF or represent that the Olympic Data is the property of any organization(s) other than the IOC and any other third party owner of intellectual property rights in the ODF or Olympic Data. In this context, Intellectual Property Rights includes patents, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, rights in databases, know-how, trade secrets and/or confidential information.
4. GENERAL CONDITIONS OF USE a. Editorial Purposes Only: ODF can be accessed and Olympic Data can be used and distributed only in an editorial context for legitimate bona fide reporting and information purposes related to the Games. b. Acknowledgement of Source: The Licensee agrees to cooperate in good faith with the IOC to acknowledge the IOC as the source of Olympic Data in a reasonable and appropriate manner, consistent with the Licensee’s practices for recognition of third party sources of sports content such as data and images. c. Integrity of Olympic Data: The integrity of the Olympic Data must be preserved and ODF Licensees shall not, alter, distort or modify Olympic Data by any means, except for editing or presenting Olympic Data in the context of bona fide editorial reporting related to the Games. Licensees must not remove or circumvent any access protection measure or launch any mechanism interfering with the proper functioning of the ODF. d. No Simulation of Games Events: Olympic Data must not be used to simulate broadcast of Games events as they actually occur or occurred, including through the creation of computer generated animations or other displays. e. Respect of applicable laws: Licensees are responsible for ensuring that their uses of Olympic Data comply with applicable laws. f. Unauthorised purposes: Olympic Data must not be used on any platform or publication for the purpose of or in the context of publishing (i) any betting, gambling or similar activity, or (ii) any unlawful, discriminatory or offensive material, or in any manner that may affect the integrity of the Games or the Games events. g. Unauthorised Access to ODF: ODF access is granted for each Licensees’ own use in accordance with these ODF Terms. Licensees shall not permit or otherwise facilitate access to the ODF, or syndicate or distribute Olympic Data, to third parties save as expressly permitted by these ODF Terms or otherwise authorized by the IOC in writing. h. National Olympic Committees: Licensees which are NOCs may only publish or use Olympic Data on their own internet site(s) or mobile application(s) in relation to Games events in which their own athletes compete, for editorial purposes only. i. International Sports Federation: Licensees which are IFs may only publish or use Olympic data on their own internet site(s) or mobile(s) application in relation to their own sport, discipline or events, for editorial purposes only.
5. COMMERCIAL ASSOCIATION Olympic Data must not be used in advertising or in any form of commercial content, or in connection with promotion of any brand, product or service, unless permitted by the IOC or Rio 2016. In particular, Olympic Data must not be used, marketed or promoted in a way that in the IOC’s view suggests, creates or implies: a) any official or commercial association with the IOC, the Games, Rio 2016 or the Olympic Movement where no such association exists; or b) that the relevant Licensee or publication is recommended, approved or endorsed by the IOC, the Games, Rio 2016 or the Olympic Movement, or c) that the Licensee or any of its publications is or are an official source of Olympic Data. Subject to the foregoing: (i) third-party advertisements or promotions which feature on an editorial-content page containing Olympic Data are permitted. However, advertising should remain clearly distinct and separate to any editorial piece to avoid any undue Olympic association. In particular, no advertising or promotion may overlap, be intrusive to, or be superimposed on or with the reproduction or presentation of any Olympic Data; and (ii) sponsorship of Olympic Data or its reproduction or presentation is not permitted, unless with the prior written authorization of the IOC.
6. DISTRIBUTION OF OLYMPIC DATA TO MEDIA ORGANIZATIONS Licensees who are bona fide news organizations/press agencies which also distribute sports information content to Licensee Clients in the normal course of their business may distribute Olympic Data (in original or edited form) to Licensee Clients, provided that the Licensees ensure that use of Olympic Data by its Licensee Clients complies with these ODF Terms. Accordingly, Licensees must: a. communicate these ODF Terms to their Licensee Clients directly in writing; b. take all appropriate measures to immediately suspend the distribution of any Olympic Data to any Licensee Client, upon becoming aware or informed (including via notification by the IOC), that such Licensee Client is not complying with these ODF Terms; and c. ensure that any promotional or sales documentation related to their distribution of Olympic Data (in original or edited form) is fair, factual and accurate. Licensee Clients may not further syndicate, distribute or sub-license the use or reproduction of Olympic Data to any third party without the prior written approval of the IOC. The IOC reserves the right to instruct Licensees who are bona fide news organizations/press agencies to distribute certain types of Olympic Data (e.g. real-time localization data) only to certain categories of their Licensees’ Clients (e.g. rights-holding broadcasters).
7. INFRINGEMENT AND TERMINATION The IOC may take any action it deems appropriate to ensure compliance with the present ODF Terms, including, in case of failure by the relevant Licensee to remedy any breach of the present ODF Terms notified by the IOC within a reasonable period, termination of access to the ODF and withdrawal of accreditation at the Games. In case of termination, the relevant Licensee shall immediately cease access to the ODF and any use of Olympic Data, including wherever possible by destroying any document incorporating Olympic Data made in breach of the present ODF Terms. Licensees agree to indemnify the IOC from any damage suffered by the IOC as a result of breach of these ODF Terms.
8. TERM Unless terminated earlier by the IOC pursuant to section 7 above, each Licensee shall remain bound under the present ODF Terms and all rights and authorizations granted hereunder shall survive, for so long as the ODF is accessed by, or (if later) Olympic Data is used by such Licensee.
9. LIMITATIONS Whilst the IOC and its partners use their best efforts to ensure the accuracy of Olympic Data, the ODF and Olympic Data are provided “as is”. Therefore: a) Licensees are solely responsible for their access to the ODF and use of Olympic Data (including by their employees, agents, affiliates and, where applicable, Licensee Clients); b) access to the ODF and use of Olympic Data is at each Licensees’ sole risk and liability; and c) to the fullest extent permitted by applicable law, the IOC, its officers, directors, employees and agents, make no warranties, express or implied, in connection with, and shall not be liable for any loss, expense or damages of any kind arising out of, or resulting from, Licensees’ access to, ODF or use of Olympic Data, including without limitation in connection with: (i) the accuracy or completeness of the ODF and/or Olympic Data, including but not limited to any errors or omissions, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) any unauthorized access to, or use of IOC’s servers and/or any and all personal information or other information stored therein; (iii) any interruption or cessation of transmission of ODF; or (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the ODF. The IOC may discontinue or modify any aspect of the ODF at any time without notice to Licensees.
10. MISCELLANEOUS These ODF Terms, together with any other terms communicated to the Licensee by or on behalf of the IOC in connection with the grant of access to the ODF, constitute the entire agreement between Licensees and the IOC with respect to the subject matter hereof and supersede all prior and contemporaneous communications between the IOC and Licensees. No action of the IOC, other than the express or written waiver or amendment, may be construed as a waiver or amendment of the present ODF Terms. If any provision of these ODF Terms is found invalid or unenforceable, the remainder of the ODF Terms shall remain valid and enforceable. The ODF Terms be binding upon the Licensees’ successors and assigns, except that Licensees may not assign or transfer any rights or obligations under these ODF Terms without the IOC’s prior written consent. The IOC may at any time update, complete or modify the ODF Terms. Each new version of the ODF Terms shall become effective as of the day it is published on the IOC’s website www.olympic.org. The IOC may issue further guidance in relation to the use of the ODF and Olympic Data.
11. GOVERNING LAW AND ARBITRATION These ODF Terms shall be governed by the laws of Switzerland, without reference to principles of conflict of laws. Any dispute arising from or in connection with the execution or interpretation of these ODF Terms or breach thereof which cannot be settled amicably, shall be finally settled, to the exclusion of the ordinary courts, in accordance with the Statute and Regulations of the Court of Arbitration for Sport. The seat of arbitration shall be at Lausanne, Switzerland.