TERMS AND CONDITIONS

  1. General information

    1. Provider of the service and the app „Fanciety“ („App“) is Fanciety GmbH, Ballindamm 39, 20095 Hamburg, Managing Director: Prof. Dr. Björn Michaelis (hereinafter „Fanciety“ or „Provider“).
    2. Fanciety offers users the opportunity to participate in an interactive, football-related game via the App, to challenge other users in the game and to communicate with them. The App can be used on all common mobile devices with the operating systems Android and iOS.
    3. The App may be used either free of charge or for a fee by means of in-App purchases, which can be used to activate additional functions. Unless expressly provided otherwise in the Terms of Use, these Terms of Use shall apply to both the free and paid use of the App.
    4. Users referred to as “he” in these Terms of Use shall include both male and female users.
  2. Scope of applicability

    1. The following Terms of Use shall apply from the time the App is downloaded from the App Store for services provided to users in connection with the App. When downloading the App, the user must agree to the applicability of these Terms of Use.
    2. The App is aimed at consumers within the meaning of § 13 German Civil Code (BGB) (hereinafter the “User”). These Terms of Use can be accessed at any time via the menu of the App and apply to all one-off and continued services, provided that no specific regulations are applicable. Conflicting or deviating terms and conditions of the user are hereby expressly rejected.
    3. The relationship between the User and the operator of the platform through which the App is distributed (e.g. Apple App Store, Google PlayStore), including any in-App purchases, is governed by the terms and conditions concluded between the User and this platform operator.
  3. Registration

    1. In order to use the App, the User must register by providing certain data necessary for identification and a valid email address. The information must be truthful and complete and must be updated in the event of any changes.
    2. Minors are only allowed to register with the consent of their legal representatives.
    3. A registration with Fanciety can be made either directly via the App or via the app/website of a third party (e.g. social networks or the app of a football club cooperating with Fanciety). In the event of such registration, the data shared with the third party and required for registration shall be transferred to Fanciety, provided that the User has consented to the data transfer.
    4. The following data is mandatory for registration: name and email address. The transmission of further data and the upload of a profile picture are voluntary. However, if a profile picture is uploaded, the User is obliged to ensure that he has the necessary rights of use to the picture and that the picture does not violate statutory regulations. An examination of the legality of the data made available by the User does not take place, but lies alone in the User’s own responsibility.
    5. The User must state a player name when registering. The user has no claim to the allocation of a specific player name. The player name may not violate the rights of third parties, other legal regulations or ethical principles. In addition, no email or web address may be chosen as a player name.
    6. The mere registration in the app is free of charge.
  4. Conclusion of Contract; Use and Purchase of Coins

    1. The User submits his offer to conclude a contract by entering the necessary data in the App or by agreeing to a transmission of such data from third parties (cf. section 3.3) and by completing the registration. Fanciety accepts the offer by activating the User profile. With the activation by Fanciety, a contract between Fanciety and the User is entered into according to these Terms of Use. ‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬
    2. The User does not have an enforceable right to his registration or activation.
    3. Upon registration, one hundred (100) so-called "Coins" will be credited to the User's account, with which he can play duels against other Users. For each new game day, the User can have another one hundred (100) Coins free of charge activated for use under the menu item Coins.
    4. Fanciety also offers Users the opportunity to purchase additional Coins in the App, subject to payment of a fee. For this purpose, the User selects the Coins menu item in the App and can decide on a corresponding package with a certain number of Coins. The purchased Coins will be credited to the User account immediately after purchase.
    5. The User submits his offer to conclude the contract for the purchase of additional Coins by selecting the corresponding package he wishes to purchase in the Coins section and by pressing the corresponding button. The contract is concluded when Fanciety credits the Coins to the User account.
    6. With crediting of the Coins the User acquires a simple, non-transferable right, limited in time to the term of the contract, to use the Coins for duels, provided that the coins credited to the User account are sufficient for such purpose.
    7. When a duel is played, the respective number of Coins are first debited from the account of the Users participating in the duel. These previously debited Coins including the Coins of the defeated User will then be credited to the User account of the winner. In the event of a draw, both users will be re-credited their respective Coins.
    8. The payment of the purchase price for additional Coins takes place via payment service providers integrated by Fanciety, which provide the User with various methods of payment to select from. The User acknowledges that a contract is regularly concluded with the selected payment service provider regarding the execution of the transaction in accordance with the terms and conditions of the relevant payment service provider.
  5. User rights

    1. The User receives the simple, non-transferable and non-sublicensable right to use the Fanciety services for private purposes and for the duration of the registration on his device.
    2. The right of use does not include the right to simultaneous use on multiple devices.
    3. The User is not permitted to distribute the App or otherwise transfer it to third parties.
    4. The User is not entitled to copy, distribute, modify, reverse engineer (unless permitted by copyright), decompile, disassemble or otherwise determine the source code of the App or any part thereof, or create derivative works of the Software.
  6. User obligations

    1. When using the App, the User must not (i) violate applicable law or ethics; (ii) violate property rights, copyrights, personal rights, or other rights of third parties; (iii) transmit content with viruses, Trojan horses or other programs that may damage the Software; (iv) enter, store or transmit hyperlinks or content to which he is not entitled, in particular, if such hyperlinks or content is unlawful; (v) disseminate advertising or unsolicited emails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or request participation in competitions, snowball systems, chain letters, pyramid games and similar activities or (vi) integrate source code into the App, which enables him to extract data from the database or the App.
    2. In the event of a violation of the rules listed in section 6.1, Fanciety is entitled to delete corresponding contents, to warn the User, to temporarily block or even completely exclude him from using the App or to support the prosecution of criminal acts, to initiate civil or criminal steps with regard to illegal contents or use of the App. Fanciety is under no obligation to give prior warning or prior notice of deletion after the respective content has become known.
    3. If the User account is blocked in accordance with Clause 6.2, Fanciety has the right to refuse performance. In this case, the User loses the right to use his purchased Coins and will not be entitled to compensation.
  7. Hyperlinks

    The App may contain hyperlinks which refer to websites of third parties. Fanciety does not assume any responsibility for the contents of these websites nor does it adopt these websites or their contents as its own, as it does not control the linked information and is not responsible for the contents and information provided therein. The use of these links shall be at the User's own risk.

  8. Warranty

    1. The App is provided "as is" without warranty of any kind as to its accuracy, completeness or suitability for any particular purpose. This includes in particular the accuracy of the data supplied by external service providers and used in the App (e.g. player performance data, match data) provided for the use of the App.
    2. Fanciety provides a trouble-free general accessability of the App within the scope of what is technically and operationally feasible. Times in which the App cannot be used or can only be used to a limited extent due to technical or other problems outside the control of Fanciety (e.g. force majeure, fault of third parties) are excluded from this. Fanciety will immediately eliminate the malfunctions for which it is responsible within the scope of what is technically and operationally feasible.
    3. Fanciety is not obliged to improve or extend the offered App (updates/upgrades) or to make the specific contents and functions provided in the App accessible.
    4. The liability for damages due to the malfunctions of the App is governed by Section 9 of these Terms of Use.
  9. Liability, viruses and malware

    1. Fanciety is only liable to the User in the event of intent or gross negligence.
    2. These limitations of liability shall not apply in the event of (i) culpable injury to life, body or health, (ii) liability under the German Product Liability Act, (iii) for the culpable breach of material contractual obligations, the fulfilment of which is essential to the achievement of the purpose of the contract and the proper use of the App and on the observance of which the User may regularly rely, or (iv) in the event of the assumption of a guarantee. Damages for breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless intent or gross negligence is involved.
    3. Even if Fanciety makes every effort to keep the App free of viruses and malware, Fanciety does not guarantee the App to be safe from such viruses or malware. Before downloading the App, the User shall, for his own protection and to prevent viruses on the App, ensure that appropriate security measures and virus scanners are in place.
  10. Revocation right

    1. In principle, the User has the right to revoke the User contract without giving reasons. The revocation period is fourteen days from the day the contract is entered into. In order to exercise the right of withdrawal, the User must inform Fanciety GmbH (Ballindamm 39, 20095 Hamburg, email: wiederruf@fanciety.com) of his decision to withdraw from this contract by means of a clear declaration (e.g. a letter or email). The User may use the following sample revocation form for this purpose, which, however, is not mandatory.
    2. In the event of an effective revocation, both parties must restore their positions as they were before the contract was entered into. The right of revocation expires prematurely if Fanciety has begun with the execution of the contract after the User has given his explicit consent in the App and at the same time confirmed his knowledge that he loses his right of revocation with the beginning of the fulfilment of the contract by Fanciety. Fanciety points out that the use of certain contents of the App can be made dependent on the aforementioned consent and confirmation.
    3. Sample revocation form
      If you want to revoke the contract, please fill out this form and send it back to:
      • Fanciety GmbH (Ballindamm 39, 20095 Hamburg, email: widerruf@fanciety.com
      • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
      • goods (*)/the provision of the following service (*)
      • ordered on (*)/received on (*)
      • Name(s) of consumer(s)
      • Address of consumer(s)
      • Signature(s) of consumer(s) (only if communicated on paper)
      • Date

      (*) Delete as appropriate

  11. Contract term; deletion of user accounts

    1. Unless expressly stated otherwise during registration, the contract for the use of the App is concluded for an indefinite period of time. The contract can be terminated by either party with three weeks' notice prior to 30 June or 31 December of each year, unless a limited term has been agreed. In the event of termination by the User, there is no entitlement to a refund of the value paid by the respective User for the Coins still credited to the User account at the time of termination.‬‬‬‬‬‬
    2. The right to extraordinary termination for just cause (without a notice period) shall remain unaffected.
    3. Any notice of termination must be given in writing. Notices of termination can be made by email.
    4. Fanciety is entitled to delete the User account if there are justified reasons (e.g. in case of longer inactivity of a User account). Furthermore, Fanciety is entitled at its own discretion to delete User accounts at the end of the contract. The User does not have a claim for reimbursement of the value paid for the coins still credited to the User account at the time of deletion.
    5. However, if Fanciety has declared the extraordinary termination of the User contract for a reason for which the User is not responsible or has permanently discontinued the App before a termination becomes effective, the User is entitled to a reimbursement of the equivalent value of the Coins still credited to the User account.
  12. Modification of the Terms of Use; Transfer of rights

    1. Fanciety reserves the right to change these Terms of Use including the Data Protection and Privacy Policy in the future. The current Terms of Use and the Data Protection and Privacy Policy can always be viewed in the menu of the App.
    2. Fanciety will announce a change of the Terms of Use or the Data Protection and Privacy Policy at least four weeks before the change becomes effective to the User via email. If the User does not object before the change takes effect, the new Terms of Use or the Data Protection and Privacy Policy shall be deemed accepted. In the event of an objection, Fanciety is entitled to terminate the contract with the respective User as of the effective date of change. In this case, the User also has the right to terminate the contract with immediate effect. Clause 11.4 applies accordingly.
    3. Fanciety reserves the right to transfer the contractual relationship with the User in whole or in part to a third party. In this case, the third party takes over the contractual relationship in whole or in part and enters into the rights and obligations arising from it to the corresponding extent. In this case, the User has the right to terminate the contract with immediate effect.
  13. Final provisions

    1. Verbal agreements between Fanciety and the User are ineffective, as far as they were not confirmed in writing. Amendments and/or supplements to these Terms of Use must be made in writing. This also applies to an amendment of this clause.
    2. Fanciety is entitled to use the services and assistance of third parties to fulfil its obligations under these Terms of Use.
    3. The contract between Fanciety and the User shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.

As on September 2018

Fanciety GmbH

Ballindamm 39

20095 Hamburg

+49 40 999 993 440info@fanciety.com
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© Copyright 2020 Fanciety

All rights reserved.