Terms and Conditions of Use (Last Updated: 10.12.2020)
The online platform FanFuel
is a service offered by the Swiss W&N Ventures Ltd liab Co
(in the following referred to as “Provider
”). These Terms and Conditions of Use govern the rights and obligations of the Provider as well as the users of FanFuel (in the following referred to as “Users
”). To individual apps and websites as well as to individual or additional functions and services, complementary or additional terms and conditions may apply. The German version of these Terms and Conditions of Use shall be decisive. Versions in other languages are only used for providing non-binding information.
Information on the processing of personal data as well as the rights of persons whose data are processed in connection with FanFuel can be found in the data privacy statement
1.1. The Provider shall provide FanFuel on a voluntary and non-binding basis. The use of FanFuel shall be restricted to natural persons who have the unrestricted power to act and are of full age or act with the agreement of such persons and to legal entities. The use shall be restricted to the appropriate and intended own use. Users undertake to only use FanFuel in a legally admissible manner.
1.2. The Provider shall provide information regarding the corresponding available scope of functions and services by FanFuel. The Provider may offer functions and services at FanFuel free of charge or subject to a charge. The Provider shall provide information regarding the costs for individual or additional functions and services.
1.3. The Provider may enable Users to have a credit with FanFuel to pay for functions and services which are liable to a fee or to offer functions and services liable to a fee themselves. Such credit shall be subject to the Swiss and international regulations against money-laundering. The administration of credits with all related tasks is liable to a fee.
1.4. The Provider may stipulate different user categories, in particular depending on the use of individual functions and services. Possible fees for individual or additional functions and services are due immediately, provided that no other payment term is granted. In the event of a delayed payment, Users shall be in default automatically and without the need for a reminder. In the event of default, the Provider may block the access to FanFuel, including access to any possible credit.
1.5. The Provider may adapt the scope of functions and services or stop operating FanFuel at any point in time. The Provider may determine that current or otherwise defined versions of apps or browsers are to be used for FanFuel.
1.6. The Provider may inform and contact the Users by mail, email, instant messaging, SMS and other communication channels about notifications and messages in connection with FanFuel. Users may object to the receipt of such notifications and messages at any point in time (“opt-out”). This excludes notifications and messages required for the use of FanFuel.
1.7. The Provider may wholly or partially operate FanFuel, or have FanFuel operated, by third parties or together with third parties as well as through affiliates or together with affiliates, in particular parent companies, associated companies or subsidiaries. The Provider may transfer rights and obligations in connection with FanFuel to such third parties and companies. Such third parties and companies may be located anywhere in the universe.
2.1. The Provider shall grant Users a non-exclusive, non-transferable, non-assignable, restricted license for the use of FanFuel in the form of apps and/or websites. The license is restricted to the purpose or purposes according to the scope of functions and services.
2.2. In the event of an infringement of these Terms and Conditions of Use or an illegitimate use of FanFuel as well as a corresponding suspicion, the Provider may permanently or temporarily revoke this license at any point in time.
3.1. For the use of FanFuel, a user registration may be required. The Provider may reject the registration at any point in time, including retrospectively, without indicating any reasons. Registered Users are responsible for all activities in connection with FanFuel, which are made via their account and in connection with the existing authorisations.
3.2. The Provider shall inform the users with respect to the required information for registration. The registration with incorrect, fictious or misleading information is prohibited. The Provider may check user information, including retrospectively, or have them checked by third parties.
3.3. Registered users are obliged to treat their FanFuel access data confidentially and to only use it for their own purposes. Automated access to FanFuel, e.g. with bots, scripts or similar means, is forbidden.
3.4. In the event of an infringement of these Terms and Conditions of Use or an illegitimate use of FanFuel or the corresponding suspicion, the Provider may refuse access to FanFuel, including to any possible credit, permanently or temporarily. The Provider is not obliged to reprimand affected Users.
4.1. Users act and communicate directly and on their own behalf at FanFuel. Users are obliged to only record or publish contents which are legally compliant. In particular, Users are obliged to not publish any discriminating, incorrect, misleading, racist, damaging, punishable or unsafe contents. The use of FanFuel for undesired or otherwise inadmissible advertising, such as “spam” is prohibited.
4.2. With the recording or publication of contents, Users declare their agreement to the publication at FanFuel and via any other communication channels of the Provider. Users shall grant the Provider a non-exclusive, locally and timely unrestricted, free-of-charge, transferable and sub-licensable right of use in the recorded and/or published contents including contents protected under trademark law and copyright.
4.3. The recording or publication of contents, which infringe the intellectual property rights, personal rights or other rights of third parties, shall be prohibited, e.g. images which infringe the right in one’s own image or the copyright of third parties. Users must assume that contents of the Provider as well as other Users are protected by copyright and other rights.
4.4. Users processing the data of other Users and other affected persons in the framework of FanFuel shall guarantee on their own behalf that such processing is exclusively realised in a legally admissible manner. In particular, this includes the information of affected persons and the collection of any possibly required agreements to the processing of personal data.
4.5. The Provider is not obliged to check the behaviour of Users. In particular, the Provider is not obliged to check user content for their legitimacy and other admissibility as a precautionary measure. The Provider shall not assume any guarantee for user content. With respect to enquiries, complaints and other notices in connection with allegedly not legally compliant or otherwise inadmissible contents, the Provider acts in accordance with the Swiss Code of Conduct Hosting (CCH)
5. Guarantee and liability
5.1. The Provider operates FanFuel in a professional and diligent manner. However, FanFuel may be partially or completely temporarily unavailable, in particular for technical reasons or due to maintenance work. The Provider shall not assume any guarantee for functions and services as well as the availability of FanFuel.
5.2. The Provider shall be exclusively liable for direct personal damages which has been caused by their own grossly negligent or intentional actions. Any other liability of the Provider for direct damages shall be expressly and comprehensively excluded insofar as and to the extent that such exclusion is legally permissible. Any liability of the Provider for indirect damages and consequential damages, for claims by other Users or third parties as well as for lost profit shall be expressly and comprehensively excluded. Any liability of auxiliary persons is excluded.
5.3. The Provider shall not assume any liability if any obligations resulting from these Terms and Conditions of Use can only be fulfilled partially or incompletely due to force majeure. The term force majeure refers to, in particular, attacks and explosions, riots, war and troubles, fires and lightning strikes, cybersecurity events, magnetic storms, floods and other natural disasters, nuclear accidents, unforeseeable weather impacts, strikes, epidemics and pandemics, the restriction or interruption of the power supply and telecommunication services as well as prohibitions ordered by authorities. The COVID-19 pandemic is also expressly regarded as force majeure.
5.4. Users shall be expressly and comprehensively liable towards the Provider and third parties for all direct and indirect costs and damages resulting from infringements of these Terms and Conditions of Use, other contractual agreements or due to an inadmissible use of FanFuel. This liability shall apply independently of the fault and shall also include the compensation for any claims by other Users or third parties. Affected Users shall exempt the Provider from any claims by other Users or third parties and undertake to bear all costs, including legal and court fees, and compensate the Provider for any direct or indirect damage caused in this context.
5.5. The restrictions of liability in accordance with these Terms and Conditions of Use are applicable irrespective of the corresponding legal reason. Any possibly further compulsive liability, in particular for grossly negligent or intentional actions as well as in accordance with the applicable data protection and product liability law shall remain reserved.
6. Final provisions
6.1. The Provider is entitled to adapt these Terms and Conditions of Use at any time without indicating any reasons. Users shall be informed in a suitable manner with respect to any significant changes in these Terms and Conditions of Use.
6.2. If one of the provisions of these Terms and Conditions of Use or other contractual agreements turns out to be unrealisable, invalid or ineffective, the satisfiability, validity and effectiveness of the remaining provisions shall not be impaired. In this case, the parties undertake to replace the unrealisable, invalid or ineffective provision by a realisable, valid or effective provision, which is as close as possible to the content and economic objective of the original intent of the parties.
6.3. These Terms and Conditions of Use are exclusively subject to Swiss law, with the exclusive place of fulfilment and jurisdiction at the domicile of the Provider. The Treaty of the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.