Terms and Condition
As of July 2020
1.1 Operator of the application “Footy-fan” (“App” or “the Apps”) is the Footy-fan, Dubai UAE (hereinafter “Footy-fan”).
1.2 Footy-fan allows users of mobile and web applications (hereinafter “Apps”) to consume and share various media-based football data simple and straightforward manner. Such data are stored by different hosting platforms (e.g. YouTube, Vimeo, Dailymotion) or by Footy-fan directly. The Apps are made available to users of different mobile end devices (e.g. iOS, Android, etc.) or via the web app and can currently be used worldwide in several languages in a fast and user-friendly way. As a football community, Footy-fan provides a platform that enables fans to follow their favourite teams, predict match results and share with friends, and presents football live scores, predictions and other functions on a variety of channels.
2.1 These terms and conditions apply to Footy-fan Apps and include all online services, content, features and offers within the various apps in the offered operating systems (iOS & Android). By using Footy-fan Apps, you agree to the terms and conditions’ validity and accept them as binding. Please read them carefully.
2.2 The terms and conditions apply to both consumers and businesses. They are always available online and apply to all one-time and ongoing services unless specific rules apply. Opposing or deviating terms and conditions of the user are not binding unless they are expressly agreed upon in writing.
2.3 Footy-fan reserves the right to change these terms and conditions or to adapt them in the future, e.g. due to legal changes, to take into account changes in services or loopholes. In that case, users will be informed appropriately.
3.1 Subject of this contract is the free-of-charge or in-return-for-payment use of Footy-fan Apps.
3.2 The contractual relationship between you and Footy-fan becomes effective by clicking the “install” button on the product description page of the respective app stores and, if applicable, typing your respective password.
3.3 The service of Footy-fan is addressed to users who are 14 and older. Users under 18 years (“minors”) require the consent of their parent or guardian.
3.4 In the free-of-charge version of the Apps, advertising is displayed and may take the form of banners, full-screen or logos of sponsors and may need to be closed by clicking a box to go back to the App. Users of the respective App are not allowed to edit, remove or obscure any advertisements.
3.6 Footy-fan reserves the right to cease rendering services that are free of charge at any time without prior notice. In this case, the user is not entitled to claim the continuation of the service.
3.7 Footy-fan reserves the right to extend, modify or delete services or to make improvements, especially if these serve the technical progress, appear to be necessary or prevent abuse. The changes can alter the appearance, design, navigation or features of the Footy-fan Apps. In this case, Footy-fan does its best to consider the user experience.
3.8 Both users and Footy-fan may terminate this contract with immediate effect at any time for the app. In this case, you are no longer bound by these terms and conditions. Denunciation shall be effective by deleting the App from the respective mobile device.
4. Registration and usage of Footy-fan Apps
4.1 You may download and use the Apps without registration on different devices in the respective app stores. For some functions, in particular predictions and social media, registration is required.
4.2 Footy-fan offers various methods of registration among which you are free to choose (Facebook, Twitter and email).
For registration within a Footy-fan, you must specify the necessary data truthfully and completely if these are not marked as voluntary. You must choose a username and a valid e-mail address.
4.3 If maintenance is required and therefore an App of Footy-fan is not available, you will be informed in advance if possible. Footy-fan is not responsible for internet-/network-related downtime and especially not for downtime in which an App is not available due to technical or other problems not within Footy-fan’s sphere of influence (e.g. force majeure, third party, etc.).
5. Rules of the game
5.1 You must be over 17 years old to play
5.2 In your profile you have the option to upload a profile picture. Before uploading any photos, you are responsible for ensuring that you own or are entitled to use the photo. You must ensure that the image or other uploaded content does not violate any legal regulations or third-party rights. You are solely responsible for the data, images, and content you provide. Footy-fan checks neither their accuracy nor for viruses.
5.3 By predicting matches, you are abiding by Footy-fan rules and regulations. Footy-fan will give you points for your predictions which will be used to rank you on the leaderboard.
5.4 You are not allowed to publish or upload images with violent, pornographic, discriminatory, abusive, racist, defamatory or otherwise illegal content or images. Pictures showing another person other than yourself may only be uploaded on the Footy-fan App if you have the person’s consent.
5.5 In the respective App, content provided by Footy-fan (e.g. teams, pictures, logos etc.) may not be copied, distributed or otherwise made publicly available without permission of the copyright holder – unless permitted by law.
5.6 It is forbidden to carry out attacks on the functionality of Footy-fan Apps, such as the mass sending of e-mails (SPAM), hacking attempts, brute force attacks, the use or the sending of spyware, viruses and worms.
5.7 If you violate these rules, Footy-fan is entitled to warn you, temporarily block your account, and even completely suspend your use of the app, as well as assist law enforcement in the prosecution of criminal liability or assert a civil or criminal legal action concerning the content or use of the App that Footy-fan reasonably believes is or might be in violation of these terms and conditions. Failure or delay in taking such actions does not constitute a waiver of its rights to enforce these terms. Footy-fan is not obliged to give prior warning or notice of a removal of content or termination of a user account.
5.8 Footy-fan assumes no responsibility for your or any other user’s texts, provided content, images, data or for the content of linked external websites. In particular, Footy-fan does not guarantee that this information is true or fulfils a specific purpose.
5.9 Apple or Google are not involved or sponsor Footy-fan in any way
5.10 You must be over 17 years of age to play
6.1 You will hold Footy-fan harmless against all claims, including claims for damages asserted by other users or third parties (including public authorities), for any infringement of third-party rights resulting from your posted content in the App. The user covers all reasonable costs, including costs for legal defence, arising for Footy-fan owing to a violation of the rights of third parties caused by the user. All other rights, including damage claims by Footy-fan, remain unaffected.
6.2 The foregoing obligations shall only apply in so far as you are responsible for the infringement, you have acted knowingly or wilfully, or you have failed to exercise reasonable care.
6.3 You will take the appropriate measures to secure your uploaded and stored data and content regularly and create your own backups for reconstruction in the event of loss of data and information.
6.4 It is technically not possible for Footy-fan to determine with certainty whether a registered user actually has the identity that he claims to have. Footy-fan can therefore not accept any liability for the correct identity of users.
7. Responsibility for content/functionality of the Apps
7.1 Footy-fan provides various content within the individually offered Apps. The provided content may also be copyrighted third-party content. Such content does not belong to Footy-fan and there is no way to change the content of third parties. Footy-fan assumes no responsibility for the accuracy, legality, completeness and timeliness of contributions, in particular for the content and information contained on third-party websites, which are referred to via links from the App. Therefore Footy-fan is not liable for damages caused by the provision of third party content, such as infringement of copyright or other rights of third parties.
7.2 Within the Apps, available third party media-material and content is not stored or hosted by Footy-fan. The respective content of third parties is only stored in the corresponding hosting platforms (e.g. YouTube, Vimeo, Dailymotion). Footy-fan has no influence on the scope and the period of storage and availability of any third-party content or media materials.
7.3 Users of the Apps have no right to demand access to a certain piece of content or the availability of media functions.
7.4 Footy-fan is not obligated to improve, update/upgrade the Apps or make available content and features in the respective App. Footy-fan does not guarantee certain functionalities of the Apps.
8.1 Footy-fan is liable only for intent and gross negligence, including intent or gross negligence of its representatives or agents.
In cases of slight negligence, Footy-fan is only liable
a) in case of culpable injury to life, body or health,
b) in case of culpable breach of an essential contractual obligation (a duty, whose fulfilment makes possible the purpose of the contract and the proper use of the Apps and on whose observance the user usually trust). The claim for damages is then limited to the foreseeable, typically occurring damage.
8.2 The above limitations do not apply if Footy-fan fraudulently conceals a circumstance regarding the standard of the Apps or guarantees a certain functionality of the Apps. The same applies to any claims by the user according to the Product Liability Act.
General – Right of revocation
You have the right to revoke this contract within fourteen days without providing a reason. The revocation period is fourteen days from the date of conclusion. To exercise your right of cancellation, you must inform Footy-fan (letter, e-mail) of your decision to revoke this contract with a clear explanation. To comply with the revocation deadline, it is sufficient that you send the communication concerning the exercise of the right of withdrawal before this deadline.
Your right of revocation expires prematurely for contracts for the supply of digital content (such as the app) that are not saved on a tangible medium when Footy-fan begins with the execution of the contract before the end of the revocation period after you explicitly agree and confirm that you will lose your right of revocation with the beginning of the contract’s execution.
3rd party which include all advertisers, partners and affiliate vendors that are included on, or linked on occasion, a product or service offered by advertisers on Footy-fan app, may not be available at the time or the price listed. In such event, or in an event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our 3rd part advertisers or other User, User agrees that Business is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser or other User.
Without limiting the generality of the previous paragraphs, the User authorizes Footy-fan to share User-posted content across all web sites, to include User content in a searchable format accessible by other Users of the Business web sites, now in use or later developed, to place advertisements near in such User's content, and to use User’s name, likeness and any other information in connection with Business’s use of the material User provides.
3rd Party advertisement may save your data as usage profiles and uses these for advertising, market research and designing its website in line with customer requirements. Such an evaluation takes place even for users who are not logged in. As shown above, you can configure your browser in such a way that it rejects cookies or you can prevent the recording and processing by Google of the data generated by the cookies which relate to your use of this website by deactivating the "Personalised advertising on the web" button in the Google advertising settings. In this case, Google will only continue to display general advertising which was not selected based on the information relating to you which was recorded.
10. Final provisions
The possible invalidity of one or more provisions of these terms and conditions shall not invalidate the remaining provisions.
Any use of the Footy-fan Apps or data, information, texts, text parts or images contained herein, and every action, toleration or omission related to the use of the Apps is exclusively subject to UAE Law.
This also applies to the use or registration of users from other countries. The jurisdiction is determined by Footy-fan’s location (Dubai, UAE).