These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the fanscontest.com website (“Website”), “Fans Contest” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Ivory Tech UG (haftungsbeschränkt) (doing business as “Ivory Tech”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Ivory Tech, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Accounts and membership
You must be at least 17 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 17 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
User content
We do not own any data, information or material (collectively, “Content”) that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Ivory Tech with respect to such other services. Ivory Tech is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Ivory Tech to disclose your data as necessary to facilitate the use or enablement of such other service.
Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Backups
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
Prohibition on Gambling or Betting
You agree not to use our platform for any form of gambling, betting or wagering activities. This includes using the platform to promote, facilitate or participate in any such activities.
We take gambling addiction seriously and believe that our platform should not be used for such activities. If we suspect that you are engaging in any form of gambling or betting activity on our platform, we reserve the right to terminate your account and take any other legal actions necessary.
We reserve the right to investigate any suspected violation of this clause and take appropriate action, including reporting such activities to the relevant authorities. Any winnings obtained through illegal or unauthorized gambling activities on our platform will be deemed void and will not be paid out.
This prohibition on gambling applies to all users of our platform, regardless of their location.
Regional Participation in Contests
You agree that you will only participate in contests that are available in your region. By using our platform, you represent and warrant that you are located in a region where participation in such contests is lawful and permitted by applicable laws and regulations.
We reserve the right to verify your location at any time, and if we determine that you are participating in contests that are not available in your region, we may terminate your account immediately without notice.
You acknowledge and agree that we are not responsible for any legal consequences that may arise from your participation in contests that are not available in your region. You agree to indemnify and hold us harmless from any claims, damages, or losses arising out of your violation of this clause.
We may change the availability of contests in different regions at any time without notice. You agree to comply with any such changes and to only participate in contests that are available in your region.
Cheating
We are committed to maintaining a fair and competitive environment for all participants. Any attempt to cheat or manipulate the system will not be tolerated and will result in immediate disqualification from the contest and/or our platform.
Cheating includes but is not limited to using unauthorized tools or software, attempting to access or manipulate data in the system, or colluding with other participants (unless deemed appropriate by us).
In the event that cheating is suspected or detected, we reserves the right to take appropriate action, including but not limited to disqualifying the participant from the contest, voiding any rewards earned through cheating, and banning the participant from future contests.
In addition, any rewards earned through cheating or other unethical behavior will be revoked and may result in legal action being taken.
General Channel Conduct and Use
Declaration of Independence or Authorization
As a Channel creator, you are required to clearly delineate whether your channel operates independently or maintains an affiliation with any brand, entity, or individual. If you claim affiliation, you must possess explicit authorization to represent the concerned brand, entity, or individual. Any form of misrepresentation may result in immediate sanctions, including potential suspension or termination of your Channel.
Intellectual Property Rights
You are strictly prohibited from utilizing any logos, images, copyrighted material, or trademarks owned by a brand, entity, or individual without prior explicit authorization. You bear the responsibility of ensuring that the content shared on your Channel does not infringe upon the intellectual property rights of others.
Prohibited Commercial Activity
Unless explicitly authorized, you are not permitted to sell, advertise, or promote products or services under the name or guise of any brand, entity, or individual. Any such unauthorized activity may be construed as trademark infringement, leading to possible legal repercussions.
No False Endorsements
You must refrain from claiming or implying an endorsement or partnership with any brand, entity, or individual without their explicit approval. False statements about a brand or misleading impressions of affiliation or endorsement are strictly prohibited.
No Misleading Content
You are obligated to ensure the accuracy of the information disseminated on your Channel. The propagation of misleading or false information about a brand, entity, or individual is strictly prohibited.
Violation of Terms
Failure to adhere to these rules constitutes a serious violation of these Terms, leading to immediate and severe consequences. These may include, but are not limited to, the suspension or termination of your Channel and account. In certain situations, we may pursue legal action for damages and injunctive relief. We further reserve the right to report any violations to law enforcement authorities. For these reasons, it is strongly recommended that you consult with a legal professional to ensure that your Channel's activities align with these Terms and all relevant laws.
Fan Channels
Fan Channels may be created for the sole purpose of expressing support for a brand or topic of interest. We reserve the right to remove any Fan Channel that is deemed inappropriate, offensive, or created with malicious intent, without notice or liability.
We strictly prohibit the use of Fan Channels to spread hate speech, engage in bullying or harassment, promote illegal activities, or otherwise infringe upon the rights of the associated brand. Any misuse or abuse of the Fan Channels feature will not be tolerated, and we will take all necessary steps, including legal action, to prevent and remedy such abuse.
By creating a Fan Channel, you agree to use it only for legitimate purposes, and to assume full responsibility for any content posted within the channel. You acknowledge that any violation of these terms and conditions may result in the immediate removal of your Fan Channel, as well as other consequences including legal action.
Contest Creation and Conduct
Authorization and Affiliation
As a Contest creator, you are required to transparently indicate whether your contest operates independently or is affiliated with any brand, entity, or individual. If an affiliation is claimed, you must have explicit authorization from the concerned party to represent them in the context of the Contest. Any misrepresentation can lead to immediate sanctions, including possible suspension or termination of your Contest.
Intellectual Property Rights
You are strictly prohibited from using any logos, images, copyrighted material, or trademarks owned by a brand, entity, or individual without obtaining prior explicit authorization. As a Contest creator, you hold the responsibility to ensure that the content shared within your Contest does not infringe on the intellectual property rights of others.
Prohibited Commercial Activity
Unless explicitly authorized, you are not permitted to sell, advertise, or promote products or services under the name or guise of any brand, entity, or individual within the context of the Contest. Unauthorized activity of this nature may be construed as trademark infringement, potentially leading to legal repercussions.
No False Endorsements
You must abstain from claiming or implying an endorsement or partnership with any brand, entity, or individual without their explicit approval. Making false statements about a brand or giving a misleading impression of affiliation or endorsement within the context of the Contest is strictly prohibited.
No Misleading Content
As a Contest creator, you have an obligation to ensure the accuracy of the information disseminated within your Contest. The propagation of misleading or false information about a brand, entity, or individual is strictly prohibited.
Violation of Terms
Failure to comply with these rules constitutes a grave violation of these Terms, leading to immediate and severe consequences. These may include, but are not limited to, the suspension or termination of your Contest and account. In certain situations, we may pursue legal action for damages and injunctive relief. We further reserve the right to report any violations to law enforcement authorities. For these reasons, it is strongly recommended that you consult with a legal professional to ensure that your Contest's activities align with these Terms and all relevant laws.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Ivory Tech, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Ivory Tech and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Ivory Tech for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Ivory Tech and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
This document was last updated on May 11, 2023