1. Website Publisher
1.1. This website, accessible at www.ballondor.com is published by
Company name: Amaury International Team Limited (“Amaury”)
Registered office: Fifth Floor Rear, Connaught House, 1 Burlington Road, Dublin 4, D04C5Y6, Ireland
Company Number : 792009
1.2. To contact us please email : contact@ballondor.com
1.3. Amaury is represented by Rolf Heinz, General Manager of Amaury
1.4. Website Hosting
The website is hosted by:
Hosting provider: Google Cloud
Address: Google Data Center, rue des roseaux, 7331 Saint Ghislain, Belgium Phone : +1 866 – 396 – 4242
2. Definitions
• For the purposes of these Terms of Service,the Website means www.ballondor.com and its mobile version accessible by any mobile device (the “Website ”).
• “User, “you” and “your” means you, the individual or legal entity accessing the Website, regardless of your location or connection method to the Website.
3. Use of the Website
3.1. The Website provides:
• Free access to information about the Ballon d’Or, nominated players, and related content without account.
• Free games that Users can play with upon registering for a free account.
• Paid services such as the ability to purchase a Ballon D’Or digital photo (the “Photo”) and become a member of the Ballon d’Or community with exclusive benefits including the entry into a draw (“Draw”) and the participation in a vote (“Vote”) on the “Best Play of the Year”.
3.2. By using our Website, you confirm that you accept these Terms of Service and that you agree to comply with them. If you do not agree to these Terms of Service, you must not use our Website. We recommend that you print a copy of these Terms of Service for future reference.
3.3. We amend these Terms of Service from time to time. Every time you wish to use our Website, please check these Terms of Service to ensure you understand the Terms of Service that apply at that time.
3.4. We may update and change our Website from time to time.
3.5. We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
3.6. Our Website is accessible worldwide. However, we do not represent that content available on or through our Website is appropriate for use or available in any location.
3.7. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3.8. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
3.9. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@ballondor.com
3.10. Users can access content on the Website without creating an account (“Account”) but are required to register for an Account for certain services including but not limited to the purchase of the Photo, entry into the Draw and the Vote.
4. No Text or Data Mining or Web Scraping
4.1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website for any purpose, including the development, training, fine-tuning or validation of artificial intelligence systems or models. This includes using (or permitting, authorising or attempting the use of):
(a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Website or any data, content, information or services accessed via the same.
(b) Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate artificial intelligence systems or models which includes but is not limited to patterns, trends and correlations.
4.2. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
4.3. This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws of Ireland.
5. Notifications and Communication
Users may opt-in to receive notifications, newsletters, or updates about the Ballon d’Or, a feature that will be implemented at a later date.
6. Intellectual Property
6.1. Amaury is the sole owner of all intellectual property rights related to the Website including the Website’s structure, design, and content (including text, videos, graphics, photos, logos, and data). These works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2. You must not use any part of the content from the Website for commercial purposes without obtaining a licence to do so from Amaury.
6.3. Any reproduction, modification, or redistribution of the Website content without our prior written consent is prohibited.
7. Partner Services and External Links
7.1. You acknowledge that the Website features services provided by technical and advertising partners (“Partner Services”).
7.2. Partner Services are offered under the sole responsibility of the respective partner. You must review the partner’s terms of use and privacy policy prior to accessing any Partner Services via the Website.
7.3. Amaury shall not be liable for any loss or damage resulting from the use or unavailability of Partner Services.
8. Website
8.1. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely on. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
8.2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
8.3. It is expressly reminded that the Internet is not a secure network. We cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for purpose. We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website. You assume total liability for your use of the Website and your sole remedy is to stop using the Website
8.4. We do not guarantee that our Website will be secure or free from bugs or viruses.
8.5. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.
9. Liability
9.1. In no event shall Amaury nor any of its officers, directors, agents, employees, affiliates or other representatives be liable for any loss or damages whatsoever resulting from the statements or conduct of any third party or the interruption, your inability to use the Website, suspension or termination of the Website and/or the Photograph, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
9.2. Without limiting the foregoing, under no circumstances shall Amaury or any of its officers, directors, agents, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, delays, losses, errors or omissions made by the internet servers, email servers or the banking system, or the non- performance of a third party.
9.3. To the maximum extent permitted by applicable law, neither Amaury nor any of its officers, directors, employees, agents, affiliates or other representatives will be liable for loss or damages arising out or in connection with your use of the Website or your download of the Photograph including, but not limited to, direct, indirect, incidental, special or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if Amaury has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
9.4. In any event, your sole remedy under this Legal Notice will be the reimbursement to you of any monies paid by you in respect of a Photo.
9.5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation
10. Indemnity
You agree to defend, indemnify and hold harmless Amaury (and as applicable, its officers, directors, employees, agents, licensors, subsidiaries, affiliates and any of our third party information service providers) against any and all demands, losses, expenses, damages and costs, including legal costs, and claims made by or liabilities to any third party resulting from any activities conducted under your Account, your use or misuse of the Website or infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach of this Legal Notice.
11. Data Protection
11.1. Data collected from users use of the Website is processed in accordance with our Privacy Policy and in accordance with the Data Protection Act 2018, the EU General Data Protection Regulation (EU Regulation No. 2016/679) (“GDPR”) and any other applicable laws and regulations relating to privacy and/or the protection of personal data in Ireland (the “Data Protection Legislation”).
11.2. For more information, please refer to our Privacy Policy
12. Governing Law
This Legal Notice and any claims or proceedings arising out of or in any way relating to this Legal Notice shall be governed by the laws of Ireland and shall be subject to the exclusive jurisdiction of the Irish courts.