Terms & Conditions
Fanblock AG (collectively, "Company," "we" "our" or "us") is a Swiss corporation and our registered address is located at Gartenstrasse 6, 6300 Zug, Switzerland.
The following terms and conditions (the "Terms & Conditions") govern your use of the websites, mobile applications, and other online and mobile services, including all digital content and functionality contained on them, (together the “Fanblock Platform”) that contain, link to or post the Terms & Conditions and that are operated by the Company or its affiliates.
The Fanblock Platform includes but is not limited to:
- fanblock.com website and fan portal
- Fanblock shop website
- Fanblock iPhone and Android apps
The Company may include additional provisions relevant to your access and use of a specific Fanblock Platform, which will be directly accessible from the relevant Fanblock Platform.
In addition, when accessing and using a Fanblock Platform and/or any specific content or material on it, additional guidelines or rules may apply which are relevant to (and communicated on or within) the Fanblock Platform. To the extent that there is any inconsistency between these Terms & Conditions and any such guidelines or rules, these Terms & Conditions shall prevail.
Acceptance of terms
1.1 By accessing, downloading, installing, or using the Fanblock Platforms, whether or not you become a registered user, you signify your agreement with and understanding of these Terms & Conditions, which you acknowledge you have read and understood. If you do not agree to these Terms & Conditions, you are not authorised to access the Fanblock Platforms.
1.2 We reserve the right to change these Terms & Conditions at any time. You must review these Terms & Conditions on a regular basis to keep yourself informed of any changes. Continued use of the Fanblock Platforms following any such changes shall constitute your acceptance of such changes.
2.1 Certain areas of the Fanblock Platforms require registration to access all relevant content and/or functionality (“Restricted Areas”). By registering, you represent that: (i) you are eligible for an account (by reference to the eligibility criteria included in Section 2.2 below); and (ii) the information you include about yourself (as part of the registration process) (your “Personal Information”) is true, accurate, current and complete (and you undertake to maintain such Personal Information during the time you have a Fanblock account).
2.2 You are only eligible to register for a Fanblock account if: (i) you are an individual who is at least eighteen (18) years old or of legal age in your country of residence if such age exceeds eighteen (18).
2.3 If you provide, or the Company has reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete, the Company reserves the right to suspend or terminate your account and refuse you access to any Fanblock Platform.
2.4 By registering for a Fanblock account in connection with your use of a specific Fanblock Platform, you are advised that you can use the same Fanblock account credentials to access other Fanblock Platforms, and you accept that these Terms & Conditions apply to all Fanblock Platforms.
2.5 In order to access and use a Fanblock mobile application, you will be required to download it through a third-party digital distribution platform that makes mobile applications available. Your use of such digital distribution platform will be governed by a separate and independent legal agreement between you and the relevant third party, and the Company has no responsibility or liability in respect of your use of such platform or any transactions with such third parties on their platforms.
Registration through a third-party authentication service
3.1 In the event you sign in through a third-party authentication service provider, the Company may receive certain Personal Information about you from the relevant third party, but you remain responsible for: (i) ensuring your compliance with Section 2.1 above; and (ii) the terms relevant to your relationship with such third-party authentication service provider (including any relevant consents you provide them with respect to your Personal Information).
3.2 In the event you terminate your relationship with or modify the nature of the consents you provide such third-party authentication service provider, the Company may be required to delete certain data relevant to you which could impact the operation of your Fanblock account. In such circumstances you are advised to review (and update where necessary) your Personal Information to ensure there is no interruption to your enjoyment of the Fanblock Platform.
Member account, Password and Security
4.1 As part of your registration for a Fanblock account, you will be responsible: (i) for setting and keeping the confidentiality of the credentials used to access your account; and (ii) all activities that occur under your registered account.
4.2 You agree to: (i) immediately notify the Company of any unauthorised use of your account (including any breach of security); and (ii) ensure that you take such reasonable steps to sign out of your account when using a computer or device that does not belong to you. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.
5.1 For the purposes of these Terms & Conditions, content may include any information, data, text, software, music, sound, photographs, graphics, video, messages, feeds and any other visual and/or audio-visual materials (“Content”).
The Fanblock Platforms include:
(i) Content provided by the Company (which may include NFT Content as defined in Section 8.5 below) ;
(ii) Content provided by the relevant club; and
(iii) Content that may be posted by users of the Fanblock Platforms ("User Submissions").
5.2 All Content provided by the Company is owned by, or licensed to, the Company.
5.3 You retain the rights in any User Submission that you post to a Fanblock Platform. You shall be solely responsible for a User Submission and the consequences of posting it. You represent that any User Submission you post: (i) shall not infringe any copyright (or any other intellectual property right), proprietary right or right of publicity or privacy of a third party or individual; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or libellous; (iv) shall not be obscene or contain pornography; (v) shall not contain derogatory comments or hate speech specifically targeting any groups, individuals, religions, or nationalities; (vi) shall not contain unsettling or violent content; (vii) shall not include incomplete, false or inaccurate information; and (viii) shall not contain any viruses, or other malicious code or third party link intended to damage, detrimentally interfere with, or expropriate any system, data or personal information.
5.4 You understand and agree that the Company only acts as a platform for such User Submissions and that it has no liability in respect of their display on the Fanblock Platforms. The Company cannot, nor does it undertake to, proactively control or moderate User Submissions.
5.5 You grant to the Company a worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to use, reproduce, distribute, prepare derivative works of, and display User Submissions (for so long as such User Submission exists) in connection with the delivery of the Fanblock Platforms and the Company's wider promotional activity.
5.6 You understand and agree that the Company has no obligation to accept any User Submission you post. The Company may, in its sole discretion, edit, remove or delete any User Submission, as well as terminate your access to the Fanblock Platforms without notice if, in its opinion, any User Submission you post breaches the provisions of Section 5.3 above.
5.7 Your business dealings with, or participation in promotions of, any advertisers or merchants found on or through the Fanblock Platforms, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. The Company shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Fanblock Platforms.
5.8 The Fanblock Platforms may contain links or feeds from or to other websites or resources. The Company has no control over such sites and resources and is not responsible or liable for, any content available on such sites or resources.
5.9 In the event that you wish to establish a link to any Fanblock Platform, you expressly agree: (i) not to include the Fanblock Platform into the frame of another website; (ii) not to create any third party association with the Fanblock Platform or the Company itself; (iii) to properly attribute the Fanblock Platform referred to in your link to the Company; and (iv) to ensure that the link does not state nor imply that the Company approves of, sponsors or endorses any other website activity, company, resource or entity carried out by you or a relevant third party, or presents the Company and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages the Company’s reputation or takes advantage of it.
5.10 The Company reserves the right to require you at any time to remove any link to the Fanblock Platforms.
Access to Fanblock competitions & games
6.1 When entering the Fanblock Platform, you may be permitted to participate in a variety of games, such as competitions, quizzes or other activities ("Game") When participating in such a Game, your participation shall be governed by these Terms & Conditions, the rules of the relevant Game and any other materials relating to the Game published on the relevant Fanblock Platform. Informative and explanatory material relating to the Game (including instructions for the competition and the scoring system) and the Rules form part of these Terms & Conditions
6.2 Every application to participate in the Game must be made by a natural person (“Participants”) by entering certain personal information on the relevant registration/application form. Entry and participation shall be free.
6.3 Only one application is allowed per Participant.
6.4 The computer record of the application will be considered as representing your formal application. Any application not adhering to the relevant format or incomplete applications will be deemed invalid. The Company is not responsible (nor is it liable to you) for application information or results lost or delayed due to the computer or device you use to participate in the Game and the relevant internet connection (including any interruption arising through traffic and use of the relevant Fanblock Platform).
6.5 The Company reserves the right to refuse the application name you use to enter the Game, which it considers in its sole discretion to be inappropriate or offensive. Unsuitable names will be deleted. Please bear this in mind when you choose the name for your application.
6.6 Acceptance of an application to the Game is at the sole discretion of the Company. All accepted and registered participants will be notified by the Company. Acceptance messages issued by the Company to a participant that are either “undeliverable” or that remain undelivered will nullify the application and will result in the participation in the Game not being accepted. The Company shall not be liable for acceptance messages which are “undeliverable” or remain for any reason undelivered.
6.7 The winner(s) shall be determined in accordance with the rules of the Game and will be notified by email by the Company, or a third party acting on the Company’s behalf. In the email to the winner, certain personal information may be requested by the Company or its representatives (by example - name, surname, delivery address, email and phone number) for the sole purpose of facilitating the prize delivery. In the event that the winner does not provide the requested information or respond to any reminder prompt to provide (within the time period stated in such reminder), the Company reserves the right to grant the prize to another Participant.
6.8 No interest will be paid on any prize. Prizes may not be transferred without the prior written consent of the Company. The Company, at its sole discretion, reserves the right to substitute a prize of greater or equal value if any prize cannot be awarded as described due to unavailability. Prizes pictured in Game materials are for illustration purposes only. Actual prizes may vary from the pictured prize.
6.9 Each Participant can only win one (1) prize in the Game and only one (1) prize shall be awarded per household.
6.10 To the extent permitted by applicable law, your application to a Game constitutes permission for the Company and any third party authorised by the Company to use the names and photographs of Participants at its sole discretion for publicity purposes, without compensation in exchange therefore. In particular, the Company intends to publish the winner‘s name and, if available, a photo of the winner on the home page of the Game Website. By participating in the Game, each Participant explicitly agrees to publication of his/her name and, if available, a photo, on winning the Game, if this is required by the Company.
6.11 The Game is not open to employees of the Company or the relevant club (and/or any employee of affiliates or associated companies of the Company or the relevant club), their relatives, or any employees or contractors of companies involved in the development or support of the Game.
6.12 The Company may, at its sole discretion, suspend or disqualify a Participant, or vary, amend or waive the Rules at any time, or cancel the Game at any time in the event of circumstances arising beyond the Company‘s control or which make it desirable to do so. The Participants agree that the Company shall not be liable as a result thereof and that the exercise of such discretion shall not result in any liability from the Company to the Participant.
7.1 Each user account has a corresponding unique wallet, secured on the Blockchain and used in connection with the Fanblock products and services ("Wallet"). All Digital Assets (as defined below) purchased by you on the Fanbock Platform will be maintained in a custodial Wallet linked to your account.
8.1 Registered users will be entitled to purchase digital collectibles in the form of metafield blocks (“Fanblocks”). A Fanblock is a square yard block of the relevant club or team home ground in the metaverse to be purchased by the user, which provides the user an entry point to an integrated fan-engagement ecosystem building value through both real-world and virtual assets on Web 3 technology. The Fanblocks will dynamically represent what is happening on the corresponding portion of the field. Field-of-play activities that correspond to the Fanblock, together with engagement activities undertaken by the user on the Fanblock Platform, will give rise to points that may entitle the user to additional Fanblock benefits.
8.2 Digital Assets are unique virtual assets with a non-fungible or semi-fungible token ("NFT") using Blockchain Technology and issued by the Company ("Digital Assets"). The NFT ensures the scarcity and authenticity of the Digital Assets and the transparency of the Fanblock product and services. The NFTs on the Fanblock platform are minted on the Polygon blockchain or equivalent.
8.3 The packs of Fanblocks ("Packs") are classified based on a level of scarcity specified for each issuance. For instance, a Pack may be Base, Premium, Rare or Ultra-Rare, depending on the total number of items offered. The scarcity of the Fanblocks in a Pack is guaranteed by the underlying Digital Assets/NFTs.
8.4. When you purchase a Pack or Digital Assets, you become the definitive owner of the underlying Fanblock NFT, in accordance with these Terms & Conditions. Except where otherwise explicitly stated to the contrary, you have the right to freely dispose of your Fanblocks (via sale in the designated Fanblock marketplace).
8.5 The Fanblock NFT will contain Content ("NFT Content"). This may include third-party patent rights, image rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world ("Third-Party Rights").
a) For clarity, all right, title, and interest in the NFT Content (including all copyrights, trademark rights, and all other intellectual property rights or Third Party Rights) are owned by the Company, the relevant club or third party, as applicable, and in the case of a club or third party, have been licensed to the Company.
b) Subject to compliance with these Terms & Conditions, you are hereby granted, on a non-exclusive basis, a worldwide licence to use, display and transfer the NFT Content associated with the Fanblock that you legitimately own for the period that you own the relevant NFT(s). For the avoidance of doubt, you are only authorized to use, display, and transfer the NFT Content as part of the use, display, and transfer (as applicable) of the Fanblock embedding such NFT Content. Any other use, display or transfer of the NFT Content is strictly prohibited.
c) You may not, under any circumstances and without the Company’s prior written consent, carry out or attempt to carry out any of the following to the Fanblocks, whether or not owned by you: (i) use the Fanblock and any of the Third-Party Features for the advertising or promotion of a third-party product or service; (ii) market merchandise, physical or digital, that represents the purchased Pack or Fanblock; (iii) alter the NFT Content associated with the Pack or Fanblock, and/or alter, edit or modify the NFT Content in any other way; (iv) attempt to claim any additional intellectual property rights relating to the Fanblock or the NFT Content; (v) violate any applicable Third-Party Right; and/or (vii) use the NFT Content and/or the Fanblock in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech, defamation or otherwise infringe upon the rights of others, including the image right(s) of any featured player.
8.6 How to acquire a Pack of Fanblocks or Fanblocks directly:
a) You can buy a Pack through the Company‘s store on the Fanblock Platform;
b) You can buy a Fanblock through the Fanblock store or the internal marketplace on the Fanblock Platform;
c) When the Packs are first issued, we offer them for sale at a fixed price. You may buy single Packs and Pack bundles. If you buy a bundle, the included individual Packs will be specified.
(d) Any purchase registered on the Fanblock Platform will be subject to the payment terms in Section 9 below.
8.7 Transfer and Exchange of the Packs or Fanblocks
The secondary transfer and/or exchange of Packs or Fanblocks shall only be permitted on the Fanblock marketplace. The secondary transfer and/or exchange of Packs or Fanblocks is not a transaction to which the Company is a party. It is a private transaction between a willing buyer and a willing seller facilitated by the Company. We are not a broker, financial institution, or creditor. To the extent allowed by applicable law, the Company is under no circumstances responsible or liable for any loss or damage that may occur during the transfer, withdrawal, sale, or exchange of Packs or Fanblocks through the Fanblock’s marketplace. We reserve the right to be the final decision maker on any disputes arising from purchases via the Fanblock Platform, including in connection with any auctions or other purchase methods.
9.3 You acknowledge and agree that all payment information you provide with regard to a purchase of a Fanblock is accurate, current, complete and corresponds to the person who controls the account. When you purchase a Fanblock or Pack, you agree to pay the established price for such Fanblock or Pack and all processing fees, network fees (including gas fees) and handling charges and all taxes in connection with your purchase, as applicable. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. In certain cases, your transaction may not be successful due to an error with the blockchain. Neither we, nor any club, accept any responsibility or liability to you for any such failed transactions, or any transaction or gas fees that may be incurred by you in connection with such failed transactions.
9.4 You will have fourteen (14) calendar days from the time of purchase of any Fanblock or Pack to cancel your purchase and request a refund. You acknowledge and agree that due to the nature of Blockchain Technology, once a transaction has been processed and a Pack or Fanblock has been opened, the associated transaction data will be irreversibly associated with the relevant Pack and documented on the Blockchain and any cancellation and associated refund will not be permitted.
Trademarks and copyright information
10.1 The Fanblock logo, together with Fanblock product and service names are trademarks and copyright material constituting intellectual property rights of the Company ("Fanblock IPRs").
10.2 Nothing in the Fanblock Platforms is designed to grant any licence or right to use any Fanblock IPRs or Content to you other than expressly detailed in these Terms & Conditions.
10.3 The Company respects the intellectual property rights of others. If you believe that any of your intellectual property rights have been infringed on the Fanblock Platforms, please contact firstname.lastname@example.org.
Changes to Fanblock Platforms
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Fanblock Platforms, including any Content or User Submissions thereon with or without notice. The Company shall not be held liable to you or to any third party for any such modification, suspension or discontinuance. In the event that the Fanblock Platforms are discontinued, your Fanblock(s) shall be transferred from the Wallet to an external compatible wallet at your request.
You may refer other users to the Fanblock Platform by participating in the referral program (the “Referral Program”), governed by the Referral Program Terms that may be issued by the Company from time to time.
You may participate in the affiliate program, where you can earn additional points on the Fanblock Platform for purchases by other users you have referred to the Fanblock Platform (the "Affiliate Program"). Participation in the Affiliate Program is governed by the Affiliate Program Terms that may be issued by the Company from time to time.
In addition to a sale at a fixed price, Fanblocks may be sold via the Fanblock Platform as part of an auction. We may offer different types of auctions. It is your responsibility to review and understand how each auction works before participating. As soon as you place and confirm your bid amount, you agree that you may not be able to amend, retract or revoke your bid and the bid amount will be deducted from the payment method you have designated. We may be able to set or change a reserve price for the applicable auction, including after you have placed a bid. We are not responsible for any errors made in your bidding. We reserve the right to be the final decision maker on any disputes arising from any auctions.
15.1 To the extent you register for a Fanblock account, the Company shall require the following Personal Information from you ("Personal Information"): (i) Full Name; (ii) Email address; (iii) Date of birth; (iv) Country of residence; (v) Phone number; (vi) and Username.
15.2 This Personal Information is collected to administer your account and provide you with access to the restricted areas of the Fanblock Platforms.
15.3 The Company may use information it collects in relation to your use of the Fanblock Platforms to support and improve such Fanblock Platforms (through user insights, reporting and profile building, in order to optimise the relevance of Content on such Fanblock Platforms to you).
16.1 If you access and use Fanblock Platforms, you do so at your own risk. The Fanblock Platforms, and the Content is provided on an "as is" and "as available" basis. Fanblock makes no representation that material on the Fanblock Platforms is accurate, appropriate or available for use in any specific jurisdiction. You are responsible for your compliance with all local laws and regulations in the jurisdiction in which you access the Fanblock Platforms or purchase a Pack or Fanblock. The Company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties or merchantability, fitness for a particular purpose and non-infringement.
16.2 The Fanblocks may differ in value. The Company makes no representation as to the value of the Fanblocks, which may fluctuate over time.
16.3 The Company makes no warranty or representation that: (i) the Fanblock Platforms (including any Content) will meet your expectations; (ii) the Fanblock Platforms or the Content will be uninterrupted, timely, secure, or error-free; and (iii) any errors in the Content will be corrected.
16.4 Commentary and any other materials posted on or within the Fanblock Platforms (including the Content) are not intended to amount to advice on which reliance should be placed. No information, whether oral or written, obtained by you from the Company, or through the Fanblock Platforms (including the Content) shall create any warranty or other obligation not expressly stated in the Terms & Conditions and the Company disclaims all liability and responsibility arising from any reliance placed upon such materials by you.
16.5 The Fanblock Platform provides you with the opportunity to sell, purchase, bid on, collect, trade, showcase and otherwise transact digital blockchain collectibles in the form of NFTs. You acknowledge and accept that:
16.5.1 The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money.
16.5.2 You are solely responsible for determining what, if any, taxes apply to your NFT transactions. The Company is not responsible for determining the taxes that apply to NFT transactions.
16.5.3 The Fanblock Platform does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of NFTs occurs within the supporting blockchain and not on the Fanblock Platform.
16.5.4 There are risks associated with using an internet-based currency, including but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the NFTs, however caused.
16.5.5 A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of NFTs.
16.5.6 The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of your Digital Assets and/or the Fanblock Platform and the utility of NFTs.
16.5.7 There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabelled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become non-transferable.
16.5.8 We accept no liability or responsibility for any transfer of an NFT to an external wallet or other similar transaction, including for any loss, data corruption, or other negative impact that may occur to your NFTs or wallets or other assets when attempting to transfer assets between your Wallet and a third-party wallet.
16.5.9 Although we will attempt to provide continuous availability of the Fanblock Platform, we do not guarantee that the Fanblock Platform will always be available or be accessible at any particular time.
16.5.10 There may be upgrades to the Fanblock or the blockchain, a hard fork in the blockchain, a failure or cessation of the blockchain blockchain, or a change in how transactions are confirmed on the blockchain all may have unintended, adverse effects on your NFTs.
When using the Fanblock Platform, you may not:
17.1 engage in any conversation or otherwise upload, submit, or post any content that (i) infringes, violates or misappropriates any intellectual property or other proprietary rights of any person; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically, or otherwise objectionable; or (vii) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Fanblock Platform, or which may expose the Company, any club or any users to any harm or liability of any type;
17.2 Modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Fanblock Platform or Content, in whole or in part;
17.3 Duplicate, decompile, reverse engineer, reverse assemble, decode, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Fanblock Platform (including any underlying idea or algorithm or transferring or selling your account), or attempt to do any of the same;
17.4 Use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Fanblock Platform;
17.5 Use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Fanblock Platform or facilitate automated transactions on the Fanblock Platform;
17.6 Interfere with or disrupt the servers or networks connected to the Fanblock Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Fanblock Platform;
17.7 Impersonate any other person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
17.8 Harvest or collect email addresses or other contact information of other users on the Fanblock Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
17.9 Further or promote any criminal activity or enterprise on or via the Fanblock Platform or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
17.10 Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Fanbock Platform;
17.11 Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Fanblock Platform or the content posted on the Fanblock Platform, to collect information about its users for any unauthorized purpose;
17.12 Engage in or use any data mining, robots, scraping or similar data gathering or extraction methods;
17.13 Implement any measures to circumvent blocking in the event we block you from accessing the Fanblock Platform (including xby blocking your IP address), e.g., by masking your IP address or using a proxy IP address;
17.14 Create multiple user accounts by automated means, under false or fraudulent pretenses, or for any other reason other solely than for the benefit of a child under 18 year old;
17.15 Access or use the Fanblock Platform for the purpose of creating a product or service that is competitive with any of the Company’s or the relevant club’s products or services; or
17.16 Provide false, misleading, or fraudulent information to the Company regarding your account or identity.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses (including without limitation reasonable legal fees) that may arise in connection with your failure to comply with any provision of these Terms & Conditions.
Limitation of liability
You expressly acknowledge and agree that the Company shall not be liable, under any circumstances to you for any loss or damage of whatever nature suffered by you in connection with your access and use of any Fanblock Platform (including any Content, Pack, Competition and any Game). This limitation and exclusion of liability shall not extend to liability for death or personal injury resulting from Fanblock’s negligence, or any other liability which is not permitted by applicable law.
If the Company believes that you have not complied with these Terms & Conditions the Company may, in its sole discretion and without liability to you, and with or without prior notice and at any time: (i) terminate your access (whether restricted or not) to the Fanblock Platforms in whole or in part; and (ii) deactivate or delete any of your accounts and all related information and files in such accounts as well as your User Submissions. In such circumstances, your Fanblock(s) will be transferred from the Wallet to an external compatible wallet, if requested by you, whereupon your account with the Company shall be closed.
If the Company amends these Terms & Conditions, the Company shall place an updated version on Fanblock.com. We will also provide notice of any changes or modifications, either on the Fanblock Platform, in your account, in an email notification, or through other reasonable means as determined by us. Your continued use of the Fanblock Platform after the date any such changes become effective constitutes your acceptance of the new Terms & Conditions.
22.1 Subject to the terms of the "Introduction" above and Section 6.1, 9.2 and 14.4 above, these Terms & Conditions (including the specific terms applicable to certain services referred to herein) constitute the entire agreement between you and Fanblock in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and the Company, whether oral or written in relation to such subject matter.
22.2 Any failure by the Company to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision.
22.3 If any provision of the Terms & Conditions is found to be invalid, you acknowledge and agree that the other provisions of the Terms & Conditions shall remain in full force and effect.
22.4 You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these Terms & Conditions unless otherwise provided herein. The Company may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms & Conditions to any third party at any time without notice to you.
22.5 These Terms & Conditions are drafted in English and may be translated in other languages. In the event of any discrepancy between the English and any translated text, the most recent English edition (indicated by the date at the bottom of this page) shall prevail and be used as the basis to solve any doubts of interpretation.
Applicable Law and Jurisdiction
The Terms & Conditions and the relationship between you and the Company shall be governed by the laws of Switzerland. All disputes in connection with these Terms & Conditions shall be submitted to the exclusive jurisdiction of the courts of Zug, Switzerland.