Effective 1 January 2015
This Legal Statement covers use of the ADAMS database, either through the WADA website or through the ADAMS app for smart mobile devices. ADAMS is a web-based data management system developed and maintained by the World Anti-Doping Agency (WADA), in its role as central clearing house for anti-doping information. It is used by Anti-Doping Organizations (ADOs) to administer their anti-doping programs.
ADAMS may be used by ADOs for scheduling in and out-of-competition doping controls and managing related information, including Therapeutic Use Exemptions (TUE), information related to athlete whereabouts, information about the results of anti-doping controls, and sanctions-related information relevant to athletes and other participants. Through ADAMS, ADOs can better coordinate and render more effective their anti-doping programs mandated by the World Anti-Doping Code (Code). For more information on ADAMS, please consult the WADA website at www.wada-ama.org.
We reserve the right to change this Legal Statement from time to time, as we deem necessary. Your continued access or use of ADAMS is deemed to be your acceptance of any changes to this Legal Statement.
Account Activation and Access to ADAMS
The information you provided to the relevant ADO was used to populate your ADAMS user information. You must not intentionally provide information that you know not to be true. You accept any and all liability for any inaccurate or untruthful information that you provide.
You are entirely responsible for maintaining the confidentiality of your username, password and account, and for taking reasonable precautions to prevent the inadvertent disclosure of your username, password or account information.
You agree to notify WADA immediately of any unauthorized use of your account or any other breach of security. WADA will not be liable for any loss that you may incur as a result of someone else using your username, password or account, either with or without your knowledge. You may be held liable for any harm or loss (including legal fees related to same) incurred by WADA or another party due to someone else using your username, password or account. WADA may suspend or terminate your access to ADAMS if WADA believes your account is being used by an unauthorized person or if you have not complied with this Legal Statement or for any other reason in WADA’s sole discretion. You may not use anyone else's account at any time, without the express permission of the account holder.
Sharing of Information in ADAMS
You agree that, pursuant to Article 5.2.1 of the 2015 World Anti-Doping Code (“Code”), if you are present in a country where you are not a national, resident, license-holder or member of a sport organization of that country, the National Anti-Doping Organization of the country where you are present has both In-Competition and Out-of-Competition Testing authority over you. As such, you agree to allow WADA to share information that is stored in ADAMS and that relates to you with any such National Anti-Doping
Organization(s), for a limited period of time and upon request, and where appropriate and necessary, so that they may carry out Testing and fulfill their obligations under the Code.”
No Misuse of ADAMS
You may not obtain or attempt to obtain any materials or information from ADAMS through any means not intentionally made available to you through ADAMS. You must not attempt to gain unauthorised access to ADAMS, the server on which ADAMS is stored or any server, computer or database connected to ADAMS. You must not attack ADAMS via a denial-of-service attack or a distributed denial-of service attack. You must not take any action that imposes an unreasonably or disproportionately large load on infrastructure used to host ADAMS. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of ADAMS or any activity being conducted on or through ADAMS.
By breaching this provision, you may commit a criminal offense under applicable laws. We reserve the right to report any such breach to the relevant law enforcement authorities and we will cooperate with them, including by disclosing your identity to them if necessary. In the event of such a breach, your right to use ADAMS will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of ADAMS.
ADAMS code, the content of the database, and WADA's logo, name, and other marks, are the property of WADA. No part of ADAMS may be copied, republished, stored in a retrieval system or otherwise reproduced or transmitted, in any form or by any means whatsoever, without the prior written consent of WADA. Unless otherwise stated, WADA is the owner or licensee of all copyright and other intellectual property rights on ADAMS, and in the material published on it. All such rights are reserved.
Limitation of Liability
To the fullest extent permitted by law, WADA and any individual person connected to WADA and any party involved in creating, producing or delivering ADAMS hereby excludes:
- all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
- any and all liability for any claims, loss, demands or damages of any kind whatsoever including, without limitation, direct, indirect, incidental or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of ADAMS, whether arising from loss of business, loss of profits, loss of income or revenue, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless WADA, its officers, directors, employees, agents, suppliers and third-party partners from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with any violation by you of this Legal Statement.
Breach of this Statement
We will determine, in our discretion, whether there has been a breach of this Legal Statement through your use of ADAMS. When a breach of this Legal Statement has occurred, WADA may take such action as we deem appropriate, including, for example, withdrawing your right to use ADAMS; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary.
If any of these terms and conditions or any provisions of this Legal Statement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
Your use of ADAMS and this Statement will be governed by, and construed in accordance with, the laws of Canada and the applicable laws of the Province of Québec, with the exclusion of its principles of conflicts of laws. Any litigation, dispute or claim arising from or related to the use of ADAMS shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved in accordance with the Code of sports-related arbitration.