These Visa All Access terms of service govern your use of software, tools, services and features offered through the Visa All Access website located at fwc22.visaallaccess.com the “Website” and any downloadable software applications available through the Website (collectively, the “Platform” or “Visa All Access”). By using Visa All Access, you signify that you have read, understand, and agree to these terms of service, along with any rules, policies and procedures instituted from time-to-time (collectively these “Terms of Service”), whether or not you have registered for any services on the Platform. These Terms of Service are between you and Gramercy Consultants, LLC (“Company”), the owner and operator of the Platform, acting for the benefit of Visa Inc., its subsidiaries and affiliates (collectively, “Visa”). When used in these Terms of Service, “we”, “us” and “our” mean Company and Visa. Your use of the Platform constitutes your acceptance of these Terms of Service.
These Terms of Service apply to the services currently offered through the Platform as well as services that may be offered in the future (collectively, the “Services”). The Company and Visa reserve the right to change, suspend and discontinue any aspect of the Services at any time including without limitation the nature of the Services offered, transaction terms, hours of availability, and software needed for access or use of the Services.
Acceptance. Visa All Access is available only to eligible Visa cardholders who register through the Website. You must be human; Accounts registered by “bots” or similar automated methods are not permitted to use Visa All Access. The Services offered hereunder are not available to any person under the age of 18 years old or to any user whose use of the Services has been suspended or revoked. If you are under the age of 18, you can use the Services only under the supervision of a parent or legal guardian. If you are a parent or legal guardian, by granting your child permission, you agree to these Terms of Service on behalf of your child, and you are responsible for monitoring and supervising your child's usage. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind such entity or organization to these Terms of Service. The Company and Visa reserve the right to restrict any user’s access to the Services in their sole and absolute discretion.
Services. Visa All Access is a membership-based platform available to eligible Visa cardholders (“Visa Cardholders”) and clients of Visa or a Visa affiliate in good standing, who offers card-based or non-card-based payment products and services to consumers and other entities, and payment capabilities to merchants which utilize the Visa brand or payment processing systems (each a “Visa Client). By registering for Visa All Access and accessing the Services, you will have behind-the-scenes access to FIFA World Cup Qatar 2022™ features and functionality including:
(collectively, the “Content”). Additionally, there will be the opportunity to take a selfie photograph with a FIFA World Cup™ Trophy backdrop (“Selfies”) and download the Selfie for your personal, non-commercial use. The Visa All Access tools and features are only available to you subject to your registration through the Website. We reserve the right to modify, update and discontinue features from time-to-time. We are not responsible for inaccurate or incomplete information provided through the Platform, makes no representations as to the quality, accuracy or completeness of any content or information and do not assume liability for any loss that may result from the reliance by any person upon the Services.
Links. You may find features on the Platform that contain hyperlinks to content hosted and maintained by third parties. The linked sites are not approved or controlled by Visa and your access to or use of any linked site is at your own risk. Visa has not reviewed the third-party content linked to and through the Platform, and have not approved or endorsed any material made available through the Platform. Visa is not responsible for the contents of any linked website.
Account Verification. You will only be able to use the Services if you have been provided with a Visa All Access invitation. Each invitation includes an access code that can be used to create a single Visa All Access Account. If you have not been provided with a Visa All Access invitation, you may not access the Services. In order to access the Services, you will be asked to register an account (an “Account”) by providing only your E-mail address.
We may also ask for other information to help us verify the identity of a person or business as well as a custom username and a pass code (collectively, “Account Information”). You are responsible for maintaining the confidentiality of your Account Information. You agree that you will be fully responsible for all activities that occur utilizing your Account Information, and that the we have no duty to inquire as to the authority or propriety of your Account, or to otherwise verify the identity of anyone using your Account. You agree that neither Company nor Visa shall be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your Account. If you permit access to your Account by third parties, then you agree to defend, indemnify and hold the Company and Visa harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and use of the Services. You also agree to immediately notify Visa if you become aware of any loss, theft or unauthorized use of your Account. The Company and Visa reserve the right to block your Account for any reason.
For your protection, the Company may require the use of encryption technologies for certain types of communications conducted through the Platform. While the Company may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Mobile Services. The Website contains services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers and devices.
Violations. If (i) you violate these Terms of Service or the Visa Global Privacy Notice, (ii) you breach any appliable laws, regulations, or third-party rights, or (iii) the Company or Visa determine that it is reasonably necessary to protect us or any third party, with or without prior notice we reserve the right to:
No Endorsement. Visa does not endorse or have any control over any actions of FIFA, any player or participant in the FIFA World Cup Qatar 2022™, or any user of the Platform. We accept no responsibility whatsoever in connection with or arising from your use of the Platform or the Services. Content viewed or Selfies created through the Platform are not necessarily reviewed by the Company. If the Company chooses, in its sole discretion, to monitor information viewed or created through the Platform, the Company and Visa nonetheless assumes (a) no obligation to modify or remove any inappropriate or inaccurate information; and (b) no direct control over the conduct of the user creating such information.
You agree that neither the Company nor Visa, nor any of their respective affiliates:
Ownership and Use of Content and Selfies. Except as otherwise set forth herein, as between you and us, all Content and Selfies are owned by Visa or licensed to Visa and is protected by worldwide copyright laws and treaty provisions. You may make and use printouts of the Selfie for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. You may download and save the Selfie to your device subject to the terms in this section of the Terms and Conditions. Any other downloads of Content are prohibited. Use of the Content on any other website or in any digital network for any purpose, or any republication or redistribution of the Content, including, without limitation, framing the Website within another website, is expressly prohibited without the prior written permission of Visa. Any Selfie which you create through the Platform may be (a) stored on Company servers; and (b) used for display or publication by Visa. The Company and Visa expressly reserves the right to store depictions of your likeness made through the platform. Nothing in these Terms of Service shall be interpreted as granting any license or intellectual property rights to you other than the right to view Content for your personal use and to view and download Selfies solely for your personal use.
Notwithstanding anything herein to the contrary, we shall not be subject to any obligations of confidentiality regarding any Content or Selfies except specifically agreed in writing hereunder or required by law.
By registering for or using the Services, you waive all rights to any claims against the Company for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution. You acknowledge that the Company and Visa have detrimentally relied upon the representations set forth in the immediately preceding sentence. Accordingly, you agree to indemnify, defend and hold the Company, Visa and Visa Clients harmless in connection with the alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution raised by any other person against the Company, Visa, and/or Visa Clients. Furthermore, you agree to release the Company, Visa, Visa Clients, and each of their respective parents, subsidiaries, , licensees and affiliates together with all of their respective officers, directors, agents, and employees, from any and all liability and obligations whatsoever in connection with your use of the Services. If at any time you are not happy with the Services or you object to any Content or Selfies, your sole remedy is to cease using the Services.
Advertisements and Third-Party Materials. From time to time, we may incorporate sponsored content, advertising and information, software features and services provided by third parties (“Third-Party Materials”). Our use of Third-Party Materials does not imply the endorsement, approval, or verification of Third-Party Materials or the policies, products or services of any such third-party. We do not always review Third-Party Materials and we are not responsible or liable for their quality, availability or completeness, or their compliance with any law, rule or regulation. By providing access to Third-Party Materials, the Company is not recommending the products, features or services of any third party, and we may remove Third-Party Materials from the Services at any time.
Limitation of Use. You agree that you will not commit any conduct which:
Furthermore, you acknowledge and agree that you will not: (a) collect or store personal data about other users, including collecting the personal information of other users by electronic or other means, for any purpose, (b) upload, e-mail or otherwise transmit any Selfies, other content or third party materials infringe the rights of any other party, (c) upload, e-mail or otherwise transmit any viruses or any other computer code, files or programs that might interrupt, limit or interfere with the Services or the functionality of any computer software, hardware, database or file that is owned, leased or used by the Company or Visa; or (c) submit unwanted messages by e-mail or otherwise post content or Selfies that disparages or insults any third party or the Company, Visa or Visa Clients.
Third Party Services. The Services may incorporate features provided by third parties (collectively, "Third Party Services"). Neither Company nor Visa are responsible for the availability of Third-Party Services, nor do we endorse any of their activities. You are responsible for deciding if you want to access or use Third Party Services. Third Party Services have their own legal terms and privacy policies, and, by using them, you may be giving others permission to use your information. Except as required by applicable law, the Company nor Visa is not responsible for Third Party Services.
The Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Visa has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied in connection with the Content or Website in a way that constitutes copyright infringement, please provide Visa's Copyright Agent the following information set forth in this Section 14:
If You fail to provide the above information your complaint may not be dealt with. Visa or its copyright agent may (in its sole discretion) request further documentation or information from you after receiving the complaint. Failure to respond to such a request or provide relevant evidence may mean your complaint cannot be processed or dealt with effectively. In order to submit a complaint, please contact Visa's copyright agent by email to copyright@visa.com or in writing to Agent for Copyright Claims, Visa U.S.A. Inc., P.O. Box 8999, San Francisco, California 94128.
Without limiting any of Visa's rights hereunder or its rights under law, Visa retains the right, in its sole discretion, to terminate any user's account for repeated copyright violations. By submitting a complaint or notification. you warrant that you have not misrepresented that material or activity is infringing and you agree to indemnify Visa in respect of all liabilities, costs, expenses, damages or losses (including any direct, indirect consequential losses, loss of reputation and all interest, penalties and legal costs) and all other costs and expenses suffered or incurred by Visa arising out of or in connection with a breach of this warranty.
If You believe that your work that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, you may send a counter-notice containing the following information to Visa’s copyright agent:
Visa may send a copy of Your counter-notice to the original complaining party informing them that the counter-notice has been submitted. Unless the complainant files an action seeking a court order against the provider or user of the work, the removed work may be replaced, or access to it restored, by Visa in 10 to 14 business days after receipt of the counter-notice. Intellectual Property. The trademarks, logos and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Website or Platform or in the Content or in the Selfies are Trademarks of Visa and others. Visa, Visa Client and third-party Trademarks may or may not be designated with the SM, TM or ® symbols. You are not authorized to make any use of any Trademarks, names, logos or taglines made available through the Website or the Services, whether or not designated by such symbols, including, but not limited to, as embedded search terms or metatags or in any other fashion without the express prior written permission of Visa. Nothing in these Terms of Service grants you any right, title or interest in any Visa Trademarks or Visa materials (including without limitation the Website), names, trade names, taglines, logos, patents, patent applications, formulas, characters, technology or designs (whether or not the subject of a patent application) (together, “Visa All Access IP”). At no time during or after the term of this Agreement will any user, either directly or through any third party or agent, (i) challenge or assist others to challenge any Visa All Access IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Visa All Access IP, or domain names incorporating any of the same; or (iii) incorporate any Visa All Access IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of Visa. If at any time you acquire any rights in, or domain name, trademark or service mark registrations or applications for, marks, names or designations that incorporate any Visa All Access IP by operation of law or otherwise, you will immediately upon request from Visa and at your expense assign such rights, registrations and applications to Visa.
Minors. Visa All Access does not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes. Please see our Privacy Policy for additional information.
Availability. Not all of the Services are available in all geographic areas, and Company and Visa reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject the Company, Visa, or their respective licensees or affiliates, to any registration requirement within such jurisdiction or country.
NO WARRANTY. YOU ACKNOWLEDGE THAT ACCESSING THE PLATFORM AND USING THE SERVICES MAY INVOLVE RISK. THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT, SELFIES AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY, VISA AND VISA CLIENTS SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY PERSON OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES. TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.
NO LIABILITY. The Company, Visa and Visa Clients shall not be responsible for any damages that may arise in connection with your use of the Services or these Terms of Service. IN USING THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE COMPANY, VISA, VISA CLIENTS, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, LICENSEES AND AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES LIABLE FOR ANY DAMAGES, INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SERVICES (OR ANY OTHER DATA, APPLICATION OR LINKED WEBSITE), OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE OR THE CONTENT OR SELFIES, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. THE COMPANY, VISA AND VISA CLIENTS SHALL NOT BE LIABLE EVEN IF IT, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY, VISA, VISA CLIENTS OR ANY OF THEIR RESPECTIVE AFFILIATES AND AGENTS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS THE AMOUNTS PAID BY YOU TO THE COMPANY, VISA, OR VISA CLIENTS OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Indemnification. You agree to indemnify, defend and hold harmless the Company, Visa, Visa Clients and their respective affiliates, and each of their officers, directors, employees, consultants, advisors, agents and representatives from any and all claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, your breach of these Terms of Service, or your infringement, or infringement by any other person using your account, of any Visa All Access IP or other right of the Company, Visa, Visa Clients or any Person. These Terms of Service will inure to the benefit of the parties and their successors, assigns, licensors and licensees. The Services and all related products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. You covenant to cooperate fully in the defense of any claim. This provision shall survive the termination of these Terms of Service or the Services.
Term & Termination. These Terms of Service shall commence when you first visit the Website or use any feature incorporated into the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. If you breach these Terms of Service, the Company and/or Visa may at its option (a) immediately terminate any User Codes or accounts created by or associated with you, (b) limit your access to any Content or Selfies; and (c) retain any amounts payable to you. If your use of the Services is terminated, you will no longer be authorized to use any of the features we offer. In addition, you understand and acknowledge that the Company and/or Visa may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Service.
Changes. The Services and these Terms of Service are subject to change and updating by the Company at any time without prior notice. Changes may include superseding Terms of Service. Your continuing use of the Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Privacy. Your privacy and the security of your information are important to us. Your use of the Website and the Services is governed by Visa Global Privacy Notice. We may collect, use, and share your personal information in accordance with it.
Applicable Law; Jurisdiction. You are responsible for complying with all applicable laws, rules and regulations in your use of the Services. The laws of the State of New York will govern these Terms of Service, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to these Terms of Service shall be settled in the courts of competent jurisdiction in New York, NY, USA. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company or Visa from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the Visa All Access IP.
General. These Terms of Service set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision(s) of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Service without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the internet and the fees charged by, by way of example and without limitation, your internet service provider and wireless carrier. The Services may not be maximized for use on all devices or in conjunction with third party software and operating systems. The Services are maintained by the Company based in New York, New York, all rights reserved.