TERMS OF USE
For US Users
Last Updates: Dec 2022
Preamble
These Terms of Use for the Fanzia App (“Terms”), which may be amended from time to time, are intended and govern solely the conditions under which you (the “User” or “You”) are able to access and use the Fanzia App and the Features thereon. These Terms are applicable to Users (i) whose principal place of residence is in the United States or (ii) who shall come to reside in the United States of America, (iii) whose principal place of residence any location whereby downloading and using the Fanzia App complies with all local regulations. Please read these Terms carefully before you use any of the services described herein. By clicking the “Accept” button, you agree to be bound by these Terms and all other terms that are incorporated by reference.
1. CLARIFICATION OF CONTRACTUAL RELATIONSHIP
Fanzia, Inc., a corporation incorporated in Delaware, United States (“Operator”) manages the digital fan engagement platform “Fanzia” (“Fanzia Platform”). Through the Platform a User can access complete challenges and redeem them for various merchandise rewards.
By accepting these Terms and using the Platform, the User understands and acknowledges that these Terms are binding between the User and the Operator only.
2. WHAT DO THESE TERMS COVER?
These terms of use (“Terms” or “Terms of Service”) cover the following products and services (“Services”) however accessed and/or used by the user (“You”, “Your”, or “User”), which are managed by Fanzia, Inc. and made or any of its Affiliates as applicable (“Fanzia” or “We”, “Us” or “Our”):
All apps published by Fanzia, including but not limited to the Fanzia App, whether for tablets, mobile devices, smart TVs, computer or other devices or platforms (“Apps”), unless otherwise indicated in the app;
Fanzia Platform;
The website: www.fanzia.app and/or any sub-website and/or associated domains (and/or sub-domains) of https://www.fanzia.app (“Site”)
All email newsletters published or distributed by Fanzia;
All other interactive features, Services, and communications provided by Fanzia or its Affiliates.
Certain Services offered to persons in some geographic locations may be limited, restricted, or unavailable to persons in other geographic locations, due to differences in technical, legal, regulatory, or other factors. When using some features on the Services, you may be subject to specific additional terms and conditions applicable as stated about those features.
3. DEFINITIONS
“Affiliate” refers to any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, Fanzia, Inc.
“Control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity.
“Dispute” means any dispute between Us and the User arising out of or in relation to these Terms and the Services provided by Us to the User(s).
“Designated Marketing area” A designated market area (DMA), also referred to as a media market, is a region of the United States that is used to define television and radio markets.
“Excluded Jurisdiction” means (i) any state or jurisdiction (a) which prohibits the purchase of any virtual currency, participation in Token Sales, or other similar activities, or (b) where it is likely that the sale of Fan Points would be construed as the sale of a security or investment product or (c) with strategic anti-money laundering / counter financing of terrorism deficiencies most recently identified by, amongst others, the Financial Action Task Force, OFAC, Transparency International – Corruption Index and other competent organizations.
“Fan Points” or “Fanzia Fan Points” refers to points, issued by the Operator, or other Fanzia Affiliate(s) (as applicable) in collaboration with their applicable Partners or other licensed third parties, to be used on the Fanzia Platform. Every Fan Point is specific to an organization, brand sports club / team / influencer (including, without limitation, in the sports of football/soccer, basketball, hockey, American football, and e-sports) and is earned for the completion of challenges related to fan engagement and intended to be redeemed for various prizes. Fan Points are non-tradable and therefore may not be bought or sold by Users, on the Fanzia Platform. Fan Points have no monetary value and can not be redeemed for FIAT.
“Features” refer to those functionalities and features made available by Fanzia, Inc, (“the SSL” or the “Operator”) on the Platform enabling Users to engage in various in-app activities for fan engagement purposes.
“Challenges” refer to the tasks set by Fanzia, Fanzia Affiliates, and Partners, available for Fans to complete in exchange for Fan Points.
“FIAT” refers to those currencies or monies that are declared as legal tender by order of a government. Such currencies and monies include, but are not limited to, US Dollar, Euro, Japanese Yen, etc.
“Financial Action Task Force (FATF)” is an intergovernmental organization whose objectives are to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system. The FATF is therefore a policy-making body which works to generate the necessary political will to bring about national legislative and regulatory reforms in these areas.
“Indemnified Persons” means Fanzia and it’s Partner’s subsidiaries, related companies, Affiliates, directors, officers, employees, agents, service providers, successor, and permitted assignees.
“Fan Rewards” or “Prizes” refers to goods, experiences, and tokens that, when available, Fanzia, Fanzia Affiliate, or Fanzia Partner, may offer holders of Fan Points the opportunity to obtain through the Fanzia App such as merchandise or other goods.
“Participant” or “Fan” or “User’ is any person (natural or juridical), who intends to contribute, trade and/or participate in Services available on the Fanzia App.
“Partner” is any third-party entity or individual with whom Fanzia has a partnership agreement regulating its relationship and which is subsequently on boarded onto the Fanzia App.
“Prohibited Participant” is (i) a natural person wishing to become a Participant and being a citizen, national, resident or having a similar connecting factor to; or (ii) a juridical person wishing to become a Participant and being incorporated, registered or effectively managed and controlled from or in a country, jurisdiction or territory where the holding and use of Tokens and/or virtual currencies or other tokens at any other moment in time is prohibited by laws, regulations or other practices and policies in the said country, jurisdiction or territory where the aforementioned are prohibited. This shall include any person representing or acting on behalf of such restricted prohibited participant/s in any manner or capacity whether openly or covertly.
“Fanzia App” is the mobile first application developed and operated by Fanzia which predominantly hosts the Fanzia Platform. The version of the Fanzia App available for use may vary depending on various factors including User location, time of download, installation of any updates, availability of features, legal and/or regulatory factors in the applicable geographic location, and technical factors. References to the Fanzia App herein shall refer, as applicable, to the specific version of the application that is downloaded and used on the applicable User’s mobile or other electronic device.
“Fanzia Platform” is the Fanzia-branded cross-devices platform (application,
web-application etc.) operated by the Operator; which provides United States residents with an interface to interact and engage with and obtain benefit from sport clubs, teams and/or leagues through Fan Points as well as other services as explained herein;
“Fanzia Wallet” is a virtual wallet service associated to a User which is hosted exclusively on the Fanzia Platform and is automatically allocated to Users that create an account on the Fanzia App. The Fanzia Wallet enables the holder, where permissible under local laws and/or regulations, and as applicable, to receive and store Fan Points;
“Third Party Rights” shall mean patent rights, image rights, copyrights, trade secrets, trademarks, know-how, logo, design or any other intellectual property rights recognized in any country or jurisdiction in the world and owned by respective Partner, any league, the image rights of players or any artistic rights retained by artists.
“Tokens” means the Fan Points unless specified otherwise in these Terms.
“User Generated Content” or “UGC” refers to any content such as text, videos, images, reviews which is created by Users.
“Website” means the website of the Token Vendor found at https://www.fanzia.app or any other site as may be designated by Fanzia.
“Whitelisted” means a process by which a User is approved to participate in and use the Services as provided by Fanzia, including but not limited to the purchase and sale of Tokens on the Fanzia Platform.
In these Terms, a reference to:
The Vendor includes a reference to its duly authorized agents and/or delegates;
A person includes reference to any individual, body corporates, unincorporated association or partnership;
An agreement or other document is a reference to that agreement or document as from time to time supplemented or amended;
The masculine gender includes the feminine and neuter genders and vice versa;
The singular includes the plural and vice versa;
Any law or regulation is a reference to that law or regulation as amended from time to time and, where the same has been repealed, to any re-enactment or replacement of the same.
4. APPLE OR GOOGLE’S TERMS ALSO APPLY
The ways in which You can use the Fanzia App may also be controlled by Apple or Google’s terms and policies when You download the Fanzia App from the relevant app store (for example, the Apple App Store and/or Google Play Store).
5. LIMITED LICENSE TO USE
Subject to Your compliance with these Terms, Fanzia grants a limited, non-exclusive,
non-transferable, non-sub licensable license to download and a copy of the Apps on a mobile device and to run such copies of the Apps solely for Your own personal non- commercial purposes.
Except as expressly permitted in these Terms or under applicable law, You may not:
copy, modify, or create derivative works based on the Apps;
distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party;
reverse engineer, decompile, or disassemble the Apps; or
make the functionality of the Apps available to multiple users through any means.
Fanzia reserves all rights in and to the Apps not expressly granted to You under these Terms.
6. FANZIA ACCOUNT REGISTRATION AND REQUIREMENTS
Users must register and open an account with Fanzia (or Fanzia Affiliate, as may be applicable) before accessing and using any of the Services available on the Fanzia App and US Fanzia Platform.
6.1 FANZIA ACCOUNT REGISTRATION
All Users must apply for a Fanzia Account and register on the Fanzia App before using any of the Fanzia Services. When You register a Fanzia Account, You must provide your username, email address and mobile number, and accept these Terms, the Privacy Policy, and other rules as may be applicable. The username chosen by the User shall be publicly displayed for the Leaderboard (as defined below) and other Features on the Fanzia App, and it is advisable that that such username does not contain or consist of the User’s actual first/last name or any other personally-identifiable information. The registered username can be changed, updated, or amended by the User at any time. Fanzia may refuse, in its discretion, to open a Fanzia Account for You. You agree to provide complete and accurate information when opening a Fanzia Account, and agree to timely update any information You provide to Fanzia to maintain the integrity and accuracy of the information. One User may not hold more than one individual
Fanzia Account and Users may not hold Fanzia Accounts for and on behalf of other Users or individuals.
6.2 ELIGIBILITY
By registering to create a Fanzia Account, You represent and warrant that
as an individual, You are at least 18 years of age or are of legal age to form a binding contract under applicable laws if You intend to use any other Services on the Fanzia App;
as an individual, legal person, You have full legal capacity and sufficient authorizations to enter these Terms;
You have not been previously suspended or removed from using Fanzia Services;
You do not currently have another Fanzia Account;
Your use of Fanzia Services will not violate any and all laws and regulations applicable to You, including but not limited to regulations on anti-money laundering, anti-corruption, and counter- terrorist financing and
does not reside in any blocked jurisdiction as may be amended by Us from time to time.
6.3 USER IDENTITY VERIFICATION
Your registration of an account with Fanzia will be deemed to Your agreement to provide required personal information for identity verification fully permitted under applicable law. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Fanzia App and/or Fanzia Platform, or for other lawful purposes stated by Fanzia fully permitted by applicable law. We will collect, use and share such information in accordance with our Privacy Policy, particularly with our Affiliates that provide services through the Fanzia App. In addition to providing such information, You agree to allow us to keep a record of that information during the period for which Your account is active and for five (5) years after Your account is closed, in compliance with global industry standards on data storage. You also authorize Us to conduct, at Fanzia’ sole discretion, necessary investigations directly or through a third party to verify Your identity or protect You and/or Us from financial crimes, such as fraud. The information We require (to the fullest extent permitted by applicable law) to verify Your identity may include, but is not limited to, Your name, email address, contact information, phone number, government-issued ID, date of birth, proof of address, and other information collected during account registration. When providing the required information, You confirm it is true and accurate.
AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, FANZIA RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF THE SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO FANZIA DURING YOUR USE OF OUR SERVICES. YOU HEREBY ACKNOWLEDGE AND
AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.
BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE FANZIA TO CONDUCT INVESTIGATIONS THAT FANZIA CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR FANZIA FROM FRAUD OR OTHER CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS.
7. FANZIA FAN POINTS
7.1 HOW CAN FANZIA FAN POINTS BE OBTAINED?
Fanzia Fan Points may not be purchased. Each User has an equal chance to collect Fanzia Fan Points while performing a specific interaction or Challenges on the Fanzia Platform that Fanzia and its specific partners will post and update from time to time. Such interactions may be changed from time to time and may include, for instance: logging into the Fanzia App, quizzes, posting UGC on personal social media profiles, engaging with Fanzia and Partner content on Social Media, commenting, liking, sharing content, polls and other in-app Services and Features. Fanzia Fan Points are aimed at rewarding those fans that are loyal and most engaging with Fanzia and the Partners. The features associated and linked to the Fanzia Fan Points are provided by Fanzia, Inc on behalf of its partners or by the partners directly through the Fanzia Platform. Fanzia fan points are specific to each partner and may not be used interchangeably to redeem for Rewards offered by Fanzia partners.
7.2 WHAT IS THE PURPOSE OF THE FANZIA FAN POINTS?
Ownership of Fanzia Points on the Fanzia App is structured as a ‘platform-wide’ incentive and engagement mechanism. Fan Points differ greatly when it comes to the redemption mechanisms used to award them to Users. Fanzia Fan Points are directly linked to loyalty reward mechanisms available on the Fanzia App. Users are not able to sell their Fanzia Fan Points against USD.
8. REPRESENTATIONS AND WARRANTIES
By accepting these Terms, You represent and warrant to Fanzia as follows;
8.1 You acknowledge and agree that the Fan Points or Tokens are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of regulated investment in any jurisdiction;
8.2 You are not a citizen or resident of an Excluded Jurisdiction;
8.3 You acknowledge and agree that these Terms do not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities of any form;
8.4 You acknowledge and agree that no Fan Point is to be construed, interpreted, classified or treated as enabling, or according any opportunity to, You to participate in or receive profits, income, or other payments or returns arising from or in connection with Fanzia or the Partners;
8.5 You are aware of any potential or actual risks related to the use of the App, the Platform and Features and You use those at Your own risks;
8.6 The provision of these Terms, any part thereof or any copy thereof, or acceptance of the same by You, is not prohibited or restricted by the applicable laws, regulations or rules in Your jurisdiction, and where any restrictions in relation to possession are applicable, You have observed and complied with all such restriction at Your own expense and without liability to the. Fanzia.
8.7 You will not use the App, the Platform and Features to violate Third Party Rights, any applicable law, regulation, or restrictions outlined in these Terms and you will not encourage or enable any other individual to do so;
8.8 Fanzia reserves all legal rights to recover damages or other compensation under these Terms or as allowed by law. In addition, Fanzia shall be entitled to take any action it considers appropriate, including removing, limiting, or suspending Your access to certain Features or Your Fanzia Account, as a whole;
8.9 You have read and understood all of these Terms including any annexes hereto;
8.10 If You are a natural person, You are of sufficient age and capacity under the applicable laws of the jurisdiction in which You reside and the jurisdiction which You are a citizen to accept these Terms and perform all Your obligations hereunder;
8.11 Fanzia reserve the right to refuse to award Prizes to anyone who in Fanzia’ sole opinion is in breach of these Terms, other applicable terms and/or any applicable law;
8.12 These Terms constitute legal, valid, and binding obligations on You, enforceable in accordance with its terms and neither the purchase of, nor receipt, nor holding or use of Tokens or use of any Features is in breach or in contravention of any applicable law, regulation or rule in Your jurisdiction;
8.13 You agree and acknowledge that none of the Partners, Fanzia and/or Indemnified Persons is liable for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise, arising out of or in connection with any acceptance of or reliance on these Terms or any part thereof by You;
8.14 All the above representations and warranties are, and will continue to be true, complete, accurate and non-misleading from time of Your acceptance of these Terms notwithstanding the receipt by You of all the Tokens.
8.15 Fanzia does not make, and hereby disclaims, any representation or warranty in any form whatsoever.
9. CONFISCATION OF FAN POINTS, ACCOUNT SUSPENSION OR TERMINATION
9.1 We may suspend Your access to and use of the Services or confiscate/freeze/lock Your Fan Points, or Fanzia Account, at our sole discretion, at any time and without notice to You if
we suspect fraud, cheating, or misuse by You of content, Features or Services;
we suspect any irregular or other unlawful activity associated with Your Fanzia Account;
we suspect that You hold Your Fanzia account in favor of third parties;
we suspect that You have used a payment card which does not belong to You;
we suspect violation of these Terms, the Guidelines, our Privacy Policy or any applicable laws and regulations;
Fanzia sees it necessary to protect the interest of the User and/or Fanzia and/or other Users of Fanzia; or
We suspect that You have provided counterfeit, forged, manipulated or unsatisfactory user verification documentation or false personal data.
9.2 You agree that Fanzia shall not be liable to You for any permanent or temporary modification, suspension or termination of your Fanzia Account, for confiscation of Your Tokens or access to all or any portion of the Services.
9.3 We have the right to keep and use the transaction data or other information related to such Fanzia Account for a period during which Your account is active, as well as for as long as the storage has a legal basis.
9.4 You acknowledge and agree that Fanzia is not responsible or liable for any loss of Fanzia Points accumulated for a Fanzia Partner which has discontinued its involvement, service, sponsorship, or business relationship with Fanzia and will no longer participate in the Fanzia App. Fanzia may be unable to provide an alternative to lost points due to termination of Partner’s relationship for any reason.
9.5 If We suspend Your Account or lock Your Fan Points, We may continue such suspension of locking until such time as the ground for such limitation or restriction is extinct and/or resolved to Fanzia’ satisfaction. You agree that Fanzia will have no liability or responsibility for any such limitation or restriction placed on Your Account, or for Your inability to redeem Fan Points for rewards during the period of any such limitation or restriction.
9.6 Upon suspension, deactivation, lock or termination of Your Account, All accrued and earned Fan Points are subject to complete forfeiture and all pending prizes may not be delivered.
9.7 If Your Account is inactive (i.e., not used or logged-into) for a period of twelve (12) consecutive months, we reserve the right to charge Your Account five (5) USD every month as an administrative fee after giving You prior notification via email, Services or on the Fanzia App. If you log in after we began charging your Fanzia Account with the administrative fee we shall cease charging your account with any further administrative fees. We reserve the right to close inactive Fanzia Accounts with no balance at Our sole discretion.
9.8 You may deactivate your Fanzia Account at any time by contacting Our customer support center. Upon termination of any Services or your Fanzia Account, the following provisions of these Terms will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and this clause.
9.9 Fanzia is committed to maintain the security of User’s Tokens and have implemented industry standard protection for such purposes. However, the actions of individual Users may pose risks. You shall agree to treat Your access credentials (such as password for your username) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect Your Account and personal information.
9.10 You should be solely responsible for keeping safe of Your Account and password, and be responsible for all the transactions under Your Account. Fanzia assumes no liability for any loss or consequences caused by authorized or unauthorized use of Your Fanzia Account credentials, including but not limited to information disclosure, sharing of Your credentials, information release, or consent.
9.11 By creating a Fanzia Account, You hereby agree that:
You will notify Fanzia immediately on [email protected] if You are aware of any unauthorized transaction or use of Your Fanzia Account and password or any other violation of security rules;
You will strictly abide by all mechanisms or procedures of Fanzia regarding security, authentication, trading, charging, and withdrawal; and
You will take appropriate steps to logout from Your Fanzia Account if You are not going to be using it for a while
9.12 Below are some recommended Account Security Guidelines to safeguard Your Account:
Never use Your Fanzia login details on another app or site;
If You’re using mobile, keep Your app updated to the latest version, and be sure You are installing the verified version from Us in the App Store or Play Store;
Never enter Your login details on sites or apps that don’t seem legit. Always check the domain name and in case of websites make sure the “lock” symbol that appears in the address bar is present;
Pay attention to emails. If you notice poor spelling or grammar, this can be a red flag, as can a return address that’s not from Our domain. If You’re clicking on a link in an email, You can check where it’s taking You on a desktop by hovering over the link. Don’t open attachments that are applications (.exe, .msi, .bat, .ps1,. vbs,. app, etc).
10. CONDUCT, GENERAL PROHIBITIONS AND FANZIA’ ENFORCEMENT RIGHTS
You agree that You are responsible for Your own conduct and user content while using the Services, and for any consequences thereof. In addition, You agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
collect, store or share any personally identifiable information of other users from the Services without their express permission;
extract, scrape, or index the Services or content (including information about Users);
use the Services or content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing Services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;
attempt to access or search the Services or content or download content from the Services through the use of any technology or means other than those provided by Fanzia or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
attempt to use anonymization services or software like proxy servers, VPNs or similar to circumvent the Excluded Jurisdictions restrictions as determined by Us;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or content;
bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Fanzia or any of Fanzia’ providers or any other third party (including another user) to protect the Services or content;
use, display, mirror, or frame the Services, Features or any individual element within the Services, Fanzia’ name, any Fanzia’ trademark, logo, or other proprietary information, or the layout and design of any page or App without Fanzia’ express written consent;
post, publish, submit or transmit any content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
access, tamper with, or use nonpublic areas of the Services, Fanzia’ computer systems, or the technical delivery systems of Fanzia’ providers;
attempt to probe, scan, or test the vulnerability of any Fanzia system or network or service, or breach any security or authentication measures;
use any meta tags or other hidden text or metadata utilizing any of Our trademarks, including but not limited to the Fanzia trademark, logo, URL, or product name without Our express written consent;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or content to send altered, deceptive, or false source identifying information;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the content;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
We may suspend Your access to and use of the Services or confiscate/freeze/lock Your Tokens if We suspect that You have breached any of the above conditions or have taken part in any unauthorized activity prohibited in these Terms. Although Fanzia is not obliged to monitor access to or use of the Services or content or to review or edit any content, We have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any content, at any time and without notice. Fanzia may remove any content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF THESE TERMS OF USE AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
11. USER GENERATED CONTENT AND CONDUCT POLICY
This User Generated Content and Conduct Policy outlines the guidelines that You should follow when using Our Services, and any other Features particularly when creating your username and posting any User Generated Content (“UGC”) on Our Apps or personal Social Media sites during the performance of any Challenges on the App.
11. PROHIBITED UGC
The following conduct when posting UGC on the Fanzia App or social media sites during the performance of challenges is strictly prohibited:
Promotion of illegal activities and violations
Do not use Our Services and Features to engage in illegal activities or promote violations of these Terms or any dangerous and/or illegal acts.
Hate Speech
Apps, Features and social media are platforms for free expression. We don’t support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, sexual orientation/gender identity, or whose primary purpose is inciting hatred based on these core characteristics. This can be a delicate balancing act, but if the primary purpose is to attack a protected group, the content crosses the line. Any content or activity with the intent to abuse or harass another User or spam is strictly prohibited.
Personal or Confidential Information
Do not distribute, or in any way use through the creation of a username or otherwise, other people’s personal and confidential information, such as credit card numbers, photos, confidential identification numbers, or account passwords without their permission. In particular, any impersonation of third parties, through the use of any personal data such as name or image or any other means, is strictly prohibited.
Child Exploitation
Do not upload or share content that exploits or abuses children. This includes all child sexual abuse imagery (even cartoon images) and all content that presents children in a sexual manner. We will remove such UGC from the Chat Room(s) and take appropriate action, which includes reporting to the respective law enforcement authorities. If you find any UGC that you think exploits children in this manner, please report the content to Us.
Sexually Explicit Material
Do not distribute UGC that contains nudity, graphic sex acts, or sexually explicit material. Do not drive traffic to commercial pornography sites.
Harassment and Bullying
Do not harass or bully other Users. Online harassment is also illegal in many places and can have serious consequences.
Violence, abusive or offensive content
Do not distribute depictions of graphic or gratuitous violence, any abusive, threatening, discriminatory or otherwise offensive UGC.
Impersonation or Deceptive Behavior
Do not use Our Services, Features or Platform to impersonate other Users or individuals. Our staff and employees will never ask You for Your Account details or passwords on any Chat Rooms or Social Media Sites.
Defamatory and Harmful Content
When using Our Services, do not post any content or engage in any activity with the intent to defame, put into disrepute or otherwise harm Fanzia and its staff or otherwise prejudice or damage Our Services
Spam
Do not spam, including sending unwanted promotional or commercial content, or unwanted or mass solicitation.
11.2 REPORTING POTENTIAL ISSUES
If You encounter objectionable content or a User that you believe violates the above policy rules, please report it to Us directly via the ‘Contact Us’ function on the Fanzia App or Website through the respective Feature.
11.3 VIOLATIONS AND REMEDIAL ACTIONS
App, Features and the Chat Rooms shall be under Our ongoing moderation to ensure that these policy rules are not violated. When we are notified or become aware that a User has potentially violated this policy, We shall review and in the case of a violation We reserve the right to take any remedial action which we may deem appropriate, such actions may include but are not limited to:
Deletion of the offending UGC posted
Permanently or temporarily suspending the offending User’s Fanzia Account
Permanently or temporarily banning the offending User from the relevant Chat Room or overall featurse on the Fanzia App
Confiscation of the offending User’s Fan Points
12. BETA PROGRAMS
Fanzia may offer You early access to certain pre-release mobile application software (“Beta Software”) in order to allow you to test and provide feedback on Beta Software as part of the beta testing program (“Beta Program”). This section only applies to closed Beta Programs, where Fanzia offers private access to selected testers. This section does not apply to open betas that Fanzia makes publicly available on an app store.
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that Fanzia may provide to You in connection with the Beta Program (“Test Materials”), the Beta Software, as well as everything related to the Beta Program is the exclusive property of Fanzia, is confidential, and should be treated as confidential until Fanzia releases it.
If Fanzia offers you access to the Beta Software, then, subject to your compliance with these Terms, Fanzia grants You a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and You may not:
copy, modify, or create derivative works based on the Beta Software;
give or sell the Beta Software to anyone;
reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code of the Beta Software;
install the Beta Software on systems You don’t directly control or that You share with others;
discuss the Beta Software with or demonstrate it to anyone outside of Fanzia;
blog, tweet, or otherwise publicly post information about the Beta Software;
take screenshots, photos, videos, or audio recordings of the Beta Software unless Fanzia has allowed You to do so in writing; or
make Beta Feedback (as defined below) available to any third party, unless approved by Fanzia in writing and in advance. Be careful when using the Beta Software in public. Do not allow anyone to see, hear, film, or photograph the Beta Software. Please notify Fanzia promptly of any unauthorized access or of any suspected breach of Your account’s security.
Fanzia may collect your comments, suggestions, and feedback on the software, and may also track your use of the software through analytic tools, in accordance with the Privacy Policy. All such comments, suggestions, feedback, and analytic data (collectively, the “Beta Feedback”) is the exclusive property of Fanzia.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Fanzia, and you will not be compensated for your participation in any Beta Feedback.
Unless prohibited by applicable law, all test materials are provided to you “as is” without any explicit or implicit warranty of any kind. You understand that the Beta Software is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the Beta Software on non-production devices that are not business critical and have been backed up. To the extent permitted under applicable law, Fanzia is not liable in any way for any damages you might incur as a result of your participation in the Beta Program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to Fanzia, the extent of which would be difficult to ascertain, and that monetary damages may not be an adequate or sufficient remedy. Accordingly, You agree that in the event that You breach Your confidentiality obligation, Fanzia will also be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.
13. DISCLAIMERS
13.1 To the maximum extent permitted by all applicable laws, regulations, and rules and except as otherwise provided in these Terms, the Fanzia hereby expressly disclaims its liability and shall in no case be liable to any person for:
13.2 Any loss, hack or theft of Your Fanzia Account as a result of phishing, pharming, vishing, smishing or any other method as a result of any of Your transactions and/or payment methods used on the Platform;
13.3 Any loss of Fanzia Points accumulated for a Fanzia Partner who has discontinued its involvement, service, sponsorship, or business relationship with Fanzia and will no longer participate in the Fanzia App.
13.4 Failure or delay in the delivery by Fanzia, and receipt by You, of any Fan Points for any reason beyond the Fanzia’ control or for any reason attributable, in whole or in part, to a third party;
13.5 Failure, malfunction or breakdown of, or disruption to, the operation of the Fanzia, the Tokens or any technology on which the Fanzia relies on due to occupancies of hacks, cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming, or source code or otherwise. Regardless of when such failure, malfunction, breakdown or disruption occurs;
13.6 Failure, malfunction or breakdown of, or disruption to, the operation of any blockchain, any software systems or any technology in connection with the operations of the Fanzia due to occurrences of hard forking, hacks, cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown or disruption occurs;
13.7 Any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction of the operation, functionality, usage, storage, transmission mechanisms, transferability and tradability of the Platform;
13.8 It is Your responsibility to ensure that You keep Your details confidential and it is Your responsibility to secure any linked email address, personal computer or other device on which Your Fanzia Account is accessible. You are fully responsible for any misuse of Your login details or devices. If You are concerned that Your credentials have been disclosed to a third party You should notify Us immediately so that We may provide You with a new password. Unless caused by any negligence on Our part, any unauthorized use of Your login details and any unauthorized use of Your Fanzia Account are Your sole responsibility and will be deemed as Your own use.
14. LIMITATION OF LIABILITY AND INDEMNIFICATION
14.1 THE FOLLOWING SECTION ON LIMITATION OF LIABILITY AND INDEMNIFICATION APPLIES TO EVERY PART OF THESE TERMS AND SUPPLEMENT THE LIMITATION OF LIABILITY APPLYING TO SECTION 19.
14.2 TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER FANZIA, NOR ANY SUBSIDIARY OR AFFILIATE THEREOF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT (INCLUDING THE PARTNERS) WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FANZIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14.3 TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FANZIA’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ANY FEATURE IN RESPECT OF ANY AND ALL CLAIMS OF AN INDIVIDUAL USER EXCEED TWO HUNDRED FIFTY (250) DOLLARS.
14.4 You hereby agree to waive all rights and assert any claims under the applicable laws, regulations, and rules and You may make claims based only on these Terms.
14.5 To the maximum extent permitted by the applicable laws, regulations and rules, You shall indemnify, defend, and hold the Partners and/or Indemnified Persons harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable legal fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by You or any third party against any of the Token Vendor or the Indemnified Persons arising out of a breach of any warranty, representation, or obligation by You hereunder.
15. NO WAIVER
Any failure of the Fanzia to enforce these Terms or to assert any rights, claims or causes of action against You under these Terms shall not be construed as a waiver of the right of the Fanzia to assert any rights, claims or causes of action against You.
16. EXPRESS WAIVER OF COOLING OFF PERIOD
Unless excluded by any applicable law, there shall be no right of withdrawal in respect of any purchases or transactions in general by the User on the Fanzia Platform in respect of any of the Services made available by Us.
17. THIRD PARTY WEBSITES OR RESOURCES
Services may contain links to third party websites or resources. Fanzia provides these links only as a convenience and is not responsible for the content, products, or Services on or available from such third-party websites or resources, or links displayed on such websites. To the extent permitted under applicable law, You acknowledge sole responsibility for and assume all risk arising from, Your use of any third-party websites or resources.
Fanzia is not responsible for the availability or quality of third-party Services, including cell phone networks, hotspots, wireless internet and other Services. Such third-party Services may affect Your ability to utilize the Services or participate in an event and You hereby waive and release Fanzia and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third-party Services.
18. CONTESTS, RAFFLES AND SIMILAR PROMOTIONS
Periodically, Fanzia and/or its Partners may organize sweepstakes, contests, raffles, games, and similar promotions on the App (each a “Promotion”). In addition to these Terms, Promotions will be subject to particular terms which We shall communicate to You at the time of these Promotions (“Promotional Terms”). By participating in any Promotion, You will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and shall supersede these Terms for purposes of that Promotion only and only to the extent there is any conflict, contradiction, or inconsistency between the different sets of terms. Fanzia urges You to read the Promotional Terms carefully prior to engaging in such Promotions. Our Privacy Policy, in addition to these Terms and any Promotional Terms, governs any information You submit in connection with such Promotions. Apple is not a sponsor or in any way involved in any Promotions (as defined herein) that are organized by Fanzia and/or its Partners as contemplated in this Clause.
All access and availability to all Fanzia rewards related to giveaways, promotions, sweepstakes, and all applicable benefits from the Fanzia APP will be restricted to legal residents of the respective designated marketing area (“DMA”) as mutually agreed to by Fanzia and the respective league, team, and/or club. The mutually agreed upon DMA will include the specific terms and conditions for each individual giveaway, promotions, sweepstakes, and all applicable benefits from the Fanzia App and set forth the specific regional DMA concurrent and aligned with the consent of any participating league, team, and/or club, as well as legal age required to participate, and all agreed upon restrictions to eligibility of participation.
18.1 CHEATING
Fanzia prohibits cheating, and We constantly take steps to improve our anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on Your own behalf or on behalf of others:
Accessing Services in an unauthorized manner (including using modified or unofficial third party software);
Using multiple accounts for the same Service;
Sharing accounts;
Using any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or
Selling or trading accounts.
Apps may not work on devices that Fanzia detects or reasonably suspects to be cheating, and Fanzia will not provide support to players who attempt to cheat. You agree that Fanzia may deploy any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorized software. Please see the Guidelines and our Privacy Policy for more information.
18.2 SAFE AND APPROPRIATE USE
While You are using Our Services, please be aware of Your surroundings, and play and communicate safely. You agree that Your use of the Services is at your own risk, and that you will not use the Services to violate third party rights, any applicable law, regulation, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
Furthermore, You agree that in conjunction with Your use of the Services you will not make available any unlawful, inappropriate, or commercial content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
18.3 YOUR INTERACTIONS WITH OTHER PEOPLE
You agree that in conjunction with Your use of the Services or interaction with the Fanzia Platform and its features and challenges, you will maintain safe and appropriate contact with other users and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where You do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to Your use of Services, you release Fanzia and the Indemnified Persons from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
18.3.1 Employees of Fanzia or any of its Affiliates and their respective subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Leaderboard or Predictive Feature, and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at least 3 months of the year), are NOT eligible to participate in the Fanzia features.
18.3.2 There is a separate Leaderboard relative to each of Our Partners and sponsored teams. Each Leaderboard will be active for limited time only and based on the scheduled season (and, in some instances, the scheduled pre-season, post-season, and/or off-season) of the relevant Partner or team, at Fanzia’ sole discretion.
18.3.3 The Leaderboard shall be updated by Fanzia from time to time at Our sole discretion, and may display your ranked username at any given time. By holding any Fan Point in Your Fanzia Wallet, you hereby consent to Our public display of Your username on the applicable Leaderboard at Our sole discretion.
18.3.4 Your ranking on the Leaderboard will be determined by the number of points acquired which depends on Your activity in relation to the specific Partner Fan Point and your engagement with different Features on the Platform, including redemption of Fan Rewards and participation in the (the “Activity”); meaning that the more You make use of the rights and utilities attached to Your Fan Point and engage in other Features, the higher You will rank on the Leaderboard.
18.3.5 Points are awarded depending on the type and frequency of Activities You engage in according to the points matrix available on the App, which is updated periodically.
18.3.6 The Activities may include (to the extent available to users in your locality), without limitation(as defined hereunder), redemption of Fan Rewards, and participating in challenges.
18.3.7 By ranking on the Leaderboard or participating in an Activity (as defined hereunder), it is understood that at no point can You make a loss in any way, shape or form whatsoever arising directly from. The foregoing is without prejudice to the occurrence of any other event outlined in these Terms taking place which may result in the confiscation of Your Fan Points.
18.3.8 The provisions relative to the Leaderboard shall be applicable to You immediately upon being ranked on the Leaderboard.
18.3.9 Fanzia will use commercially reasonable efforts to update The Leaderboard on a regular basis, however Fanzia will not be held liable for failure to update The Leaderboard at any given time due to a technical difficulty or any other reason.
19 LIABILITY
19.1 PARTICIPATION IS VOID WHERE PROHIBITED BY LAW. By accessing and using the Fanzia App, you agree that (1) it is your sole responsibility to determine whether participation is legal and compliant with all laws and regulations in the jurisdiction in which you reside, and (2) you will NOT access the App if they are prohibited by those applicable laws and regulations.
19.2 Where permitted by applicable laws and regulations, the Leaderboard and Predictor Feature are made available without any warranty or guarantees by Fanzia whatsoever, whether express or implied. Furthermore, Fanzia does not warrant that the Fanzia App and Features are free from errors or that participation therein will be without interruptions.
19.3 By accessing and using the Leaderboard or any Predictor Feature, you hereby agree to release and hold harmless Fanzia and its Affiliates, officers, directors, owners, agents, and representatives from any and all liability, to the extent permissible under the applicable law, for any losses, costs, expenses, damages, claims or liabilities whatsoever, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to Your ranking on the Leaderboard or participation in the Predictor Feature.
OFFICIAL RULES MAY APPLY TO SPECIFIC CONTESTS AND SWEEPSTAKES
19.4 Your participation in any contest or sweepstakes shall constitute your full unconditional agreement to the above stated provisions in this section 28 as well as any applicable Official Rules. Winning a prize is contingent upon fulfilling all requirements set out in these Terms of Use, applicable Official Rules, and final binding decisions of Fanzia.
19.5 To the extent there is any conflict or inconsistency between the Official Rules and these Terms of Use, the Official Rules shall prevail and supersede with regard to that specific contest or sweepstakes.
20. FAN REWARDS
20.1 DESCRIPTION, ELIGIBILITY & ACCESS
NO ADDITIONAL PURCHASE IS NECESSARY TO USE FAN REWARDS. You may redeem
goods and/or services associated with the team for which You hold Fan Points (the “Reward”) in exchange for an amount of Fanzia Fan Points. Categories of Rewards We offer may vary at Our sole discretion and may include: merchandise, experiences, and vouchers (respectively, the “Merch Rewards”, the “Experience Rewards”, the “Digital Collectibles” Rewards and the “Voucher Rewards” and together the “Rewards Categories”). Each Reward will be accessible to Users on the Fanzia App and may be subject to restriction according to Your nationality, place of residence, or place of use of the Fanzia App. You need to hold a specific amount of the Fan Point of a specific team to access and select a Reward associated with that team. We display the amount of Fan Points required to access any specific Reward directly on the Fanzia App.
We may, at Our sole discretion modify the content, functioning and the availability of Fan Rewards, notably but not exclusively the required amount of Fan Point, the amount of Fanzia Fan Points required to redeem Rewards and the Rewards themselves, the taking down of Fan Rewards or any other feature of the Fanzia App interacting with Rewards.
20.2 SELECTING AND REDEEMING A REWARD
20.2.1 Rewards can only be redeemed on the Fanzia App according to these Terms. Rewards may not be accessed or redeemed from any of our physical establishments anywhere in the world.
20.2.2 In the Fanzia App, You can select a Rewards category and browse Rewards which are made available to You in Our entire discretion and may be modified by Us from time to time.
20.2.3 While selecting Your Reward, You undertake to read, understand the characteristic (including but not limited to day of the event, material, size, shape, color, stadium, seat location), the amount of Fanzia Fan Points and the personal requirements associated with each particular Rewards as described on the respective page.
20.2.4 You can select up to one (1) Reward in one (1) Rewards Category (“Select a Reward” or “Selected Reward”) each time You redeem a Reward. We reserve the right to determine and change the maximum number of units per Reward You may select to redeem from time to time at our sole discretion.
20.2.5 Rewards are provided to You in person according to the identity associated with Your account. Also, You may not redeem for, transfer or sell Rewards to any third-party.
20.2.6 In order to award the Reward to You, We may request to collect some of Your (personal) data in order for instance to comply with country specific laws and regulations or other rules required by third party Reward providers. When requested by Us from time to time in Fan Rewards, You represent and warrant to provide Us with Your accurate and up to date (personal) data. You may not use personal data of a third person for Rewards. Shall You elect not to provide (personal) data as requested from Us for the redemption of the Rewards, then the part of Fan Rewards requiring these (personal) data may be limitedly available to You and this may among others prevent You from redeeming your Rewards. In turn shall You elect to provide (personal) data, the (personal) data will be processed in line with the applicable data protection law and in accordance with Our Applicable Privacy Policy.
20.2.7 With these Terms, as We may update from time to time, and additional information We may make available to You and update from time to time directly in the Fanzia App, We undertake to inform You and You acknowledge and agree that Your confirmation to redeem a Reward is final and You may not elect to withdraw your redemption. In addition, after your confirmation, exchange/replacement and/or (part/full) refund in Fan Points or with any money is not possible. By agreeing to these Terms and confirming Your Selected Rewards, You consent to redeem the Reward You have selected and waive any rights to introduce any kind of inquiry or claim arising out of or indirectly related to Your Reward either directly against Fanzia or before any third-party public or private body.
20.2.8 Receiving a Reward does not require any fee or payment from Your end and the Selected Reward is redeemed exclusively in exchange for Your loyalty points, namely Fanzia Fan Points, which bear no monetary or financial value as laid down in these Terms and Conditions. Once You have confirmed, Your Selected Reward will only be redeemed if Your Fanzia Fan Point balance is equal or superior to the required amount displayed for the Selected Reward. Based on the foregoing, the required amount of Fanzia Fan Points for the respective Rewards will be deducted from Your Fanzia Fan Point balance. If Your balance for Fanzia Fan Points is insufficient to pay the amount required for the Rewards You seek to redeem, then confirmation of the Rewards will not be possible. A summary of Your Redeemed Rewards will be available via the transaction history feature in the Fanzia App.
20.2.9 Rewards are non-exchangeable, non-transferable and no cash alternative is offered.
20.2.10 Fanzia is not responsible for and shall not be held liable for late, lost, misdirected or unsuccessful efforts to notify any winner.
20.2.11 Fanzia reserves the right to, at its sole and absolute discretion, change any Reward if it cannot be delivered or distributed for any reason whatsoever, including but not limited to, the termination of its relationship with a Fanzia Partner.
20.2.12 Due to the ongoing Covid-19 pandemic or the occurrence of any other force majeure event, should the delivery of a Prize be reasonably difficult to execute or impossible, then the Reward may not be delivered to You, in which eventuality Fanzia shall not be responsible for any expenses or damages whatsoever sustained by the User in connection with the Reward or non-delivery thereof.
20.2.13 Fanzia reserves the right to refuse to award a Prize to anyone who in Fanzia’ sole opinion is in breach of these Terms and/or any applicable law.
20.2.14 Some of the Rewards will be delivered in collaboration with Our Partners or other third parties, and hence such Rewards are subject to terms and conditions imposed by such third parties (“Third Party Terms”), which Third Party Terms Fanzia has no control over whatsoever, and which the User hereby agrees to abide by should she/he accept a Reward which is subject to Third Party Terms. It is hereby being understood, acknowledged and accepted by You, that should the Reward involve any ancillary expenses, including but not limited to, traveling and accommodation costs, it is hereby being outlined that Fanzia shall not cover any such costs, such ancillary costs hereby being explicitly excluded from forming part of the Reward or from being provided by Fanzia.
20.3 SHIPPING AND DELIVERY OF REWARDS
In certain cases bear any reasonable cost incurred with the standard shipment of Your Redeemed Merch Rewards to the address You have indicated in Fan Rewards. However, Fanzia reserves the right to charge additional fees related to the shipping and delivery. We do not bear costs of custom or any similar charges that might be imposed on Your Rewards. You acknowledge and agree that the Merch Rewards You have redeemed will be sent to You on Our behalf with the support of a third-party. We do not accept any responsibility and exclude any liability for any loss You incur in the event of the loss, partial damage to or complete loss of the Rewards, delay in reception of the Rewards due to the third-party in charge of the delivery. You acknowledge and agree that if You communicate an address or any other information particularly for the delivery that is inaccurate, not up to date or inaccessible, the Reward You have redeemed can be lost for which We assume no responsibility or liability and that we will not send any substitute of the redeemed Rewards in place of the lost Rewards.
We will ship and deliver the Rewards to you in the form as written in the relevant description. We do not bear any responsibility for any disruptions that may occur before the relevant authorities, including customs, due to shipping and delivery of the Rewards as described in the relevant description.
We do not ship or deliver Rewards in the following jurisdictions: Burma, Central African Republic, Comoros, Cuba, Equatorial Guinea, Falklands, Guinea Bissau, Iran, Johnston Island, Kiribati, Korea North, Mayotte Island, Myanmar, Nauru, Niue, Saint Pierre Et Miquelon, Sao Tome & Principe, Sierra Leone, Solomon Islands, Somalia, St. Helena, Sudan, Syria, Tajikistan, Tokelau Islands, Republic of Turkmenistan, Tuvalu, Wake Islands, Republic of Yemen.
You acknowledge and agree that We shall not communicate any delivery date or tracking data to You regarding the Rewards You have redeemed. Delivery times and dates for Merch Rewards varies on the delivery area. We do not undertake and warrant to deliver Merch Rewards to You according to any specific period of time. If any delivery date is communicated to You, You agree that these are only tentative and based on information we obtained from third parties and We do not assume any responsibility or liability for not delivering the Rewards according to such tentative delivery date.
20.4 ALLOWANCE AND PERFORMANCE OF EXPERIENCE REWARDS
You understand, acknowledge and accept that Experience Rewards may involve ancillary expenses, including but not limited to, traveling and accommodation costs. We shall not cover any such ancillary expenses being hereby explicitly excluded from forming part of the Experience Rewards. We will issue Your Experience Rewards and send it to You on the basis of the (personal) information You have submitted in Fan Rewards or at a later stage to redeem Your Experience Rewards.
You represent and warrant and shall be responsible to provide Us with the complete, accurate and up to date information as is reasonably required for the accurate and timely issuance and sending of the Experience Reward to You. You are obliged to inform Us of any change to your personal information any change that may affect the effecting of the Experience Rewards no later than one (1) week prior to the event with official documents evidencing these changes. You represent and warrant to cooperate with Us or Our third-party Experience Rewards providers on providing complete, accurate and up to date information as may be requested from time to time in order to provide You with the Experience Rewards.
We provide the Experience Rewards to You via email and when applicable in box office collection at the related event.
In particular with regards to the Experience Rewards You acknowledge and agree with the following limitation of liability:
You shall visit an Experience Reward event at Your own risk. We assume no responsibility or liability for any bodily and/or property damage You may personally incur or cause to any third party while going to the Experience Reward or while taking part in the Experience Reward.
You shall be solely responsible for abiding by the rules, regulations, policies and any applicable code of conduct established by the local authorities and/or third party Experience Reward providers and/or event organizers. We shall not be held liable for any direct or indirect damages You may incur if You are denied admission, access to or You are expelled of an Experience Reward, in particular but not only when due to:
Your wilful misconduct, and/or;
Your lack of compliance with applicable laws and regulations while going to or at the Experience Reward place (including but not limited to Covid- 19 related regulations and stadium/arena rules), and/or with the terms and conditions of third-party providers collaborating with Us in Experience Rewards;
We may at Our sole discretion take the measure we deem appropriate to avoid such situations in the future. This includes but is not limited to: Your suspension from Fan Rewards or from the Fanzia App.
You shall be solely responsible for obtaining the correct dates, starting times of events, and pick-up details for the Experience Rewards You redeemed.
You shall not be provided with a replacement Experience Reward in the event that the admission ticket is lost, stolen, or damaged.
We assume no responsibility or liability for not issuing the Experience Rewards if You do not provide Us with the required (personal) information that is complete, accurate, and up to date at least one (1) weeks before the occurrence of the Experience Rewards, and/or You are in breach of these Terms.
We shall not be responsible or liable if You are unable to access the event and/or if the event is canceled or rescheduled due to reasons beyond Our control such as a decision of a
third-party Experience Reward provider, adverse weather conditions, strikes, civil disturbances, or a decision made by competent authorities and/orthe organizers etc.
You hereby acknowledge and agree that the Experience Rewards shall be delivered in collaboration with third party Rewards providers and which terms and conditions and respective organizational rules apply in the stadium or arena.
We reserve the right to use any material, video, photographs, interviews during any of the events for marketing purposes.
21. SEVERANCE AND PARTIAL INVALIDITY
21.1 These Terms contain the entire understanding between the User and Fanzia and supersede all prior terms and conditions, communications, understandings or arrangements (both oral and written) in relation to the Features and Platform, saving the Fanzia Point Terms, Terms which are contracted separately and independently between the User and the respective Affiliated entity providing the respective services.
21.2 If any of these Terms is rendered void, illegal, or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms shall continue to be valid and in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such terms, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
21.3 The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
22. DATA PROTECTION
22.1 We will not disclose Your Personal Data except as expressly permitted under these Terms and otherwise only with Your prior consent as stipulated in Our privacy policy. However, We may be required to disclose Your Personal Data and/or certain other information about You to the extent required by applicable law or by an order of a court or competent governmental or regulatory authority. By accepting these Terms, You expressly agree and consent to Your Personal Data being disclosed to third parties to any extent required for the purposes of compliance with applicable laws or regulations.
22.2 Any personal data or information which You provide to Us shall be processed strictly in accordance with Our privacy policy, which is incorporated by reference into these Terms.
22.3 You acknowledge, accept and understand that these Terms, insofar as they relate to the controlling and processing of your Personal Data are regulated by the applicable Privacy Laws.
23. FEEDBACK
You can submit feedback, comments, and suggestions for improvements to the Services (“Feedback”) by reaching out to Us on social media or support channels. This Feedback is a form of User Generated Content.
24. TAXES
The Rewards or Prizes shall be exclusive of any taxes, such as sales tax, that may be applicable to your receipt or such prizes any jurisdiction (“Payable Tax”).
Additionally, rewards and prizes may carry a monetary value and redemption and receipt of such prizes and rewards can and may be considered as income and may be subject to taxation. It is your responsibility to abide by all local, state, and federal tax regulations to properly report the value or estimated value of these gifts and where applicable by law.
It is Your responsibility to abide by local laws in relation to the legal usage of our Services in Your local jurisdiction as well as other laws and regulations applicable to You. You must also factor, to the extent of Your local laws, all aspects of taxation, the withholding, collection, reporting and remittance to the appropriate tax authorities. YOU ACKNOWLEDGE AND DECLARE THAT YOUR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; YOU AGREE THAT WE WILL REQUIRE YOU TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF
THE SOURCES AND USE OF YOUR FUNDS. We maintain a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Your account and funds which are flagged out or investigated by legal mandate.
Fanzia shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting, and remitting the correct amount of Payable Tax to the appropriate tax authorities.
25. FANZIA CONTACT INFORMATION AND ERROR RESOLUTION PROCESS
In Case of Errors or Questions About Your Electronic Transfers email us at [email protected] as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and account information (if any).
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account
within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
We will investigate your complaint and will correct any errors promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.
26. RISK FACTORS
You should carefully consider and evaluate each of the following risk factors and all other information contained in the Terms before deciding to participate in any activity on the Platform and/or Features. To the best of the Fanzia’ knowledge and belief, all risk factors which are material to You in making an informed judgment to participate in the Token Sale and engage in the Features and Services have been set out below. If any of the following considerations, uncertainties or material risks develop into actual events, the business, financial position and results of operations of the Fanzia could be materially affected. In such cases, the trading price of Fan Points could decline due to any of these considerations, uncertainties or material risks, and You may lose all or part of Your Fan Points. By proceeding to create an Account and using the Platform You are acknowledging these risks.
26.1 Negative publicity may materially and adversely affect Fanzia’ business activities. Negative publicity involving the Partners and/or the Fanzia may materially and adversely affect the market perception of the Fan Points, whether or not such negative publicity is justified.
26.2 There is no assurance of any success of the Fanzia Platform. The value of Fan Points, and demand for, the Fan Points hinges heavily on the performance of the Fanzia Platform.
26.3 Fanzia partners may terminate their agreement with Fanzia to participate in the Fanzia platform which may lead to a total loss of accrued Fan Points and/or inability to fulfil pending rewards and Fanzia may be unable at its sole discretion to find a commercially reasonable and suitable alternative.
26.4 Cyber-attacks of any kind of the Fanzia infrastructure may lead to a loss of data, and may impact Fanzia’s ability to continue to operate the platform, features, services, and rewards properly or entirely.
26.5 Despite the very good early predictions based on sound data, there is no assurance that this will gain traction after its launch and achieve any commercial success.
New technical innovations;
Announcements by the Fanzia of significant events, for example, partnerships, sponsorships, or new product developments;
Additions or departures of key personnel of Fanzia;
Success or failure of the management of Fanzia in implementing business growth strategies;
RISKS RELATING TO THE FANZIA PROJECT
There may be weaknesses, vulnerabilities or bugs in the protocols, systems and smart contracts in connection with the Fan Points and Fanzia, Inc.
Fanzia will make reasonable efforts to ensure that the protocols, systems, and smart contracts in connection with the Fan Points, trading and voting are audited, tested, and proved by technical experts. However, as smart contract technology is still in its early stage of development and its application of experimental nature carries significant operation, technological, financial, regulatory and reputational risks, there are inherent risks that such protocols, systems and smart contracts could contain weaknesses, vulnerabilities or bugs.
Fanzia is dependent in part on the location and data center facilities of third parties.
The infrastructure network of the Fanzia is in part established through servers which they do not own and house at the location facilities of third parties, and servers that they rent at data center facilities of third parties. If Fanzia is unable to renew its data facility lease on commercially reasonable terms or at all, the Fanzia may be required to transfer their Services to a new data center facility and may incur significant costs and possible service interruption in connection with the relocation. These facilities are also vulnerable to damage or interruption from, among others, natural disasters, arson, terrorist attacks, power losses and telecommunication failures. Additionally, the third-party providers of such facilities may suffer a breach of security. Any security breaches or damages which occur may impact Fanzia and the price of the Tokens.
There may be prevention of transaction requests. Fanzia cannot be held responsible if You are prevented from sending a transaction request, or Your transaction request or email is not received by Us due to hardware, software or Services issues (including, without limitation, internet and other network connectivity issues).
There may be the termination of the business relationship with the Partner which would mean discontinuance of any Feature, Fan Point, Reward, or Service related to a particular Partner.
27. GOVERNING LAW AND DISPUTE RESOLUTION
27.1 Users hereby consent and agree to the dispute resolution system stated in this paragraph for resolving any and all disputes arising from or related to these Terms (“US Disputes”). The laws of the State of Delaware, without giving effect to their conflicts of law provisions, shall govern these Terms, their applicability, their application, their scope, their interpretation, and resolution of any related US Dispute(s).
27.2 All disputes between a US User and Fanzia will be resolved by private and binding arbitration in the exclusive forum and venue of Clark County, Delaware, USA administered by a single mutually-agreeable JAMS arbitrator in the city of Las Vegas, Delaware, USA (see www.jamsadr.com for details) in the English language. All arbitrations pursuant to this paragraph shall be conducted and resolved in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (viewable as of 12/15/2021 at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf). The arbitrator selected to resolve any US Dispute may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court.
27.3 ADDITIONALLY, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR CLASS REPRESENTATIVE (OR PUTATIVE CLASS MEMBER OR REPRESENTATIVE) IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND FANZIA EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ONE ANOTHER.