1. Our Agreement
- 1.2 Please read these Terms carefully before you access the Website or the Content. By selecting “I agree” during the sign-up process, and accessing the Website or the Content, you agree to be legally bound by these Terms. If you do not agree to any of these Terms, then you will not be able to access the Website or the Content.
- 1.3 You should keep a copy of these Terms for your future reference. We will not file a copy of these Terms in respect of our agreement with you.
2. General Information About Us and What We Do
- 2.1 The Website is owned and operated by Fantastec Sports Technology Limited ("we"/"us"/"our"), a company registered in England and Wales under company number 10757008. Our registered address is 125 Wood Street, London, United Kingdom, EC2V 7AW.
- 2.2 If you have any feedback, questions, complaints or comments about the Website or any requests for technical support, then please contact us at email@example.com.
- 2.3 Our VAT number is GB271074420.
- 2.4 We provide online access to articles, statistics, video and other content relating to match coverage of English Premier League games.
3. Changes to Terms
- 3.1 We reserve the right to change these Terms at any time and such change will be effective from the time of posting the revised terms and conditions on the Website at www.fantastec.game/terms-and-conditions/. We will email to notify you of such changes. Any access or use of the Website or Content by you after the revised terms and conditions are posted will indicate your agreement to such change. It is therefore important that you are familiar with the most up to date terms and conditions. You must stop accessing or using the Website or the Content if you disagree with any changes to the Terms.
5. Access to Content
- 5.1 Our Content is made available to you on a temporary viewing basis, including streaming of video content. We endeavour to provide access to the Content on an on-going basis, but access might be time limited due to licensing restrictions imposed on us by third party licensors or other factors. You acknowledge that your ability to view the Content may be time limited.
- 5.2 We may, from time to time and in our sole discretion, determine the number (currently up to 5 devices) and types of devices which a user who has completed the Registration process in accordance with clause 7 of these Terms may use to access the Website and/or any Content. However, you acknowledge that simultaneous access to the same registered account from multiple devices is prohibited and may be blocked.
- 5.3 Your access to the Website and/or Content may require you to use another service, electronic guide, portal, platform or network gateway integrated with or used by your device, which may be operated by a third party. Where this is the case, access to any such third party service may be subject to terms and conditions imposed by the third party. We recommend that you read and understand any third party terms and conditions before you access those services, which are not our responsibility. If you have any complaints about or problems using those services, you should contact your third party provider.
6. System Requirements
- 6.1 Your ability to view the Content (whether by streaming or other means) will depend on you having the necessary equipment, systems and connectivity. You may be required to download and install certain software plug-ins and/or mobile app in order to view the Content. We are not able to specify particular requirements (which may change from time to time) and are not responsible in any way for your ability to view the Content. You acknowledge that your use of the Content may vary in functionality, availability and quality depending on the type of device used.
- 6.2 It is your responsibility to ensure that you are able to comply with the relevant system requirements that must be met for you to be able to successfully access and view any of the Content. We accept no responsibility for any lack of functionality and/or failure to provide any of the Content that is due to your equipment (including, but not limited to, your device, internet connection, operating system or settings and software). Access to parts or all of the Content may be restricted from time to time to allow for repairs, maintenance or updating. We reserve the right to withdraw, take down or amend all or part of the Content at any time.
7. Registration, Passwords and Security
- 7.1 To access or use certain Content you will first need to register via the Website. There is no charge for registration and you only need to register once.
- 7.2 You can register by creating a personal account. To do so you will be required to choose a password and enter other information that we ask for on our registration form, which may include your first and last name, date of birth, email address, gender, contact details and some basic preferences ("Registration").
- 7.3 To register an account, you must be 16 years of age or older and be fully able and competent to enter into and comply with these Terms. If you are over 13 years of age, but under 18 years of age, you may register to use the Content only with the involvement of a parent or guardian.
- 7.4 You shall ensure that the details you provide at Registration are accurate, complete and kept up to date. You can change the details you provide at Registration at any time via the Website or by contacting us on firstname.lastname@example.org. If you would like us to terminate your Registration (which you may do so at any time) and delete your personal information, please let us know.
- 7.5 You are responsible for maintaining the confidentiality of your password and email address and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website or the Content and will not be responsible for losses suffered by you where your password or user name is used by someone else to access the Content unless this is due to our negligence. You are solely responsible for any acts or omissions that occur under your registered account. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or user name. You must cease to use and delete the password for your account upon termination of your account for whatever reason.
- 7.6 We do not guarantee that the Website or the Content is virus free. We strongly recommend that you install virus protection or similar protective software on your devices.
8. Your Promises to Us
- 8.1 You confirm that:
- 8.1.1 you are aged 16 or over, or are 13 years of age or older and possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms;
- 8.1.2 all information and details provided by you to us (including on Registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details in the profile feature of the Website (your "Profile") or by contacting us; and
- 8.1.3 you will comply with the restrictions on your use of the Content as set out in these Terms.
9. Rights Granted and Rights Reserved
- 9.1 We permit you to link to the Content on the Website for personal, non-commercial purposes only. We reserve the right to discontinue any aspect of the Website or the Content at any time.
- 9.2 You understand that the Website and the Content, including the text, software, scripts, graphics, artwork, photos, images, sounds, music, videos, data and metadata, interactive features and other copyrightable materials and the like and the trademarks, service marks and logos contained therein, are either owned by us or licensed to us by content providers ("Content Providers"), and may be protected by the intellectual property laws or the United Kingdom and of other jurisdictions.
- 9.3 Your use of the Website and the Content grants no rights to you in relation to our intellectual property rights (including, without limitation, copyright, trademarks, data and databases, logos and design rights) or the intellectual property rights of Content Providers.
- 9.4 Accordingly, you undertake that:
- 9.4.1 you will use the Content for personal, private use only (and not for any direct or indirect commercial purpose);
- 9.4.2 you will not, and will not, encourage or assist any other person to copy, reproduce, lend, rent, broadcast, distribute or transmit the Content; and
- 9.4.3 you will not, and will not encourage or assist any other person to circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that forms part of the Content or part of the means by which we make the Content available to you and/or by which we limit the manner and/or locations in which (and/or period during which) you may access the Content.
- 9.5 We reserve the right to suspend, restrict or terminate your access to the Website or the Content at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions in the Terms. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.
- 9.6 From time-to-time, you may be able to contribute Content to the Website, including but not limited to: participation in polls; commenting and chat; and fan generated content. By submitting content:
- 9.6.1 you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty free worldwide licence to use any of the content that you post on or in connection with our services.
- 9.6.2 you hereby confirm that any Content contributed in this way is your sole creation and you grant us all intellectual property rights (including, without limitation, copyright, trademarks, data and databases, logos and design rights) to this Content.
10. Links to and from Other Websites
- 10.1 You may establish links to the Content accessible via the Website provided:
- 10.1.1 you do not remove or obscure, advertisements, the copyright notice or other notices on the Content; and
- 10.1.2 you immediately stop providing links and/or remove the links if notified by us.
- 10.2 We may provide links to other websites and/or online services from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third party websites and services and are not responsible for the content of such websites or services. Our inclusion of links does not imply any endorsement of the material contained in such websites or services or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites or services and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites or services. You agree that you will not involve us in any dispute between you and the third party.
11. Age Restrictions and Unsuitable Digital Content
- 11.1 On rare occasions, certain elements of the Content which is accessible via the Website may only be suitable for persons over a particular age. Any such restrictions or material will be notified to you in the text surrounding the relevant Content. If we discover that you are not old enough to access certain Content, then we reserve the right to suspend or terminate your access to the Website immediately.
- 11.2 On rare occasions, the Content may contain material and/or other content you may consider offensive or otherwise objectionable. Highly sensitive material will be notified to you in the text surrounding the relevant Content. We accept no liability to you for any Content which you find offensive or objectionable.
- 11.3 Although we use our reasonable commercial endeavours to implement protective measures and content age ratings in accordance with industry regulation, we cannot be responsible where a parent or guardian does not sufficiently control their child's access to unsuitable Content.
- 11.4 The Website contains community generated content, such as comments. We take community moderation seriously and will utilise manual and/or automated monitoring tools where possible to remove abusing or offending content. Any users found to be contributing offensive content will have their access to the Website terminated immediately. Please report any community abuse to email@example.com including a screenshot or link to the content you are reporting. However, while every step will be taken to remove this content as quickly as possible, we accept no liability to you for any Content which you find offensive or objectionable.
- 12.1 Competition prizes are as described in social postings, email mailouts or on platform announcements. Where the prize is a physical item – such as clothing or a match ticket – no travel, accommodation or other expenses are included. The price of postage and packaging is included regardless of the location of the winner.
- 12.2 Users may enter the competition by any number of entry mechanics which will be clearly explained in the competition announcement, including but not limited to:
- 12.2.1 creating or holding an account on the Fantastec GAME platform; and/or
- 12.2.2 following GAME social handles on Twitter, Facebook, Instagram or other social platform; and/or
- 12.2.3 performing an action such as a retweet or share on a social platform; and/or
- 12.2.4 answering a question or other action on platform or on social; and/or
- 12.2.5 other action clearly described on the competition announcement.
- 12.3 The date and time at which entries open and close will be clearly communicated in competition announcements. Users acknowledge that these announcements may be shown in BST (GMT+1).
- 12.4 Successful applicants will be notified by email within 72 hours of competition close.
- 12.5 Applicants must be 16 or over, or have the explicit agreement of a parent or guardian to enter the competition. Where the prize is an event – such as match ticket or stadium tour – applicants under 16 years may be required to bring a parent or guardian with them. Fantastec GAME is not liable for the additional cost of attendance of this guardian.
- 12.6 Prizes are supplied at the sole discretion of Fantastec Sports Technology Limited. All prizes are non-transferable and supplied for use by applicant(s). Re-sale of prizes is strictly prohibited.
- 13.1 The Website and certain Content may be accessed from any location worldwide. Access to certain other Content may be restricted by using geo-blocking technology to prevent you from accessing it from selected territories. You acknowledge that Content to which you have access in your home territory may or may not be available to view in other territories. You agree not to attempt to access geo-restricted Content, and not to attempt to circumvent any such geo-blocking technology in order to stream or view Content from territories where any such restrictions apply.
14. Our Legal Obligations and Limits on Liability
- 14.1 We do not seek to limit or exclude our liability to you for:
(i) death or personal injury caused by our negligence or that of our employees or agents;
(ii) fraudulent misrepresentation by us or our employees or agents;
(iii) breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded
(iv) under Part I of the Consumer Protection Act 1987; or
(v) for any other liability that, by law, may not be limited or excluded.
- 14.2 Subject to clause 13.1, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach which means that they could be contemplated by you and us and if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses.
- 14.3 Subject to clauses 13.1 and 13.2, our total liability to you for any loss or damage arising out of or in connection with the Terms shall be limited to the total amount paid by you to us for the Content in respect of which the liability arises. As the service is currently free to users, you agree that to the extent permissible by law, your sole and only remedy for any problems, issues or concerns with our service currently is to stop using our services.
- 14.4 We cannot guarantee that access to the Website or Content will be provided uninterrupted or that any files that you download, stream or view are free from viruses, contamination or destructive features.
- 14.5 The service for delivery of Content is described on the Site. We warrant that the services for delivery of Content will substantially conform to the relevant description on the Site and will be provided with reasonable care and skill.
- 14.6 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Order that is caused by events outside our reasonable control.
- 14.7 Whilst we use reasonable commercial endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Website or the Content will be free from errors or omissions.
- 14.8 You have certain statutory rights. Nothing in the Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
- 14.9 We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching the Terms or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Content.
15. Severance and No Waiver
- 15.1 If any part of the Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- 15.2 If we fail to enforce any of our rights, that does not result in a waiver of that right.
16. Entire Agreement
- 16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Order. We are required by law to advise you that Orders may be concluded in the English language only and that no public filing requirements apply.
- 17.1 All notices given by you to us must be given in writing to firstname.lastname@example.org. We may give notice to you at the email address you provide to us when registering for the Service.
- 18.1 The Terms are personal to you. You may not transfer your rights or obligations under the Terms to anyone else.
- 18.2 We may transfer our rights or obligations or sub-contract our obligations under the Terms to another legal entity. You agree that we may do so provided that the Website and the Content will be made available to you on the same terms or terms that are no less advantageous to you.
- 19.1 You may terminate your acceptance of these Terms at any time and if you choose to do so you must immediately cease to access and use the Website and the Content.
- 19.2 We may terminate these Terms at any time with reasonable written notice.
20. Third Party Rights
- 20.1 The Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under the Terms to another legal entity under paragraph 14.2.
- 21.1 We will do our best to resolve any disputes in relation to the Terms. By using the Website and the Content you agree that the laws of England shall apply in relation to the Terms and any disputes between us. If you wish to take court proceedings against us you must do so within the courts of England. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Fantastec House Rules
In addition to the terms and conditions set out above, you agree to use the services in accordance with our house rules (House Rules) set out below.
Our service is designed by and for fans of English Premier League football. We ask all users to respect each other and allow Fantastec GAME to be a safe space for the expression of fandom of a club, player or the game. In areas of the Website where you can contribute to the Content, for example through commenting, we ask that you only contribute content to which you have the rights, and which is legal, tasteful and civil.
If you see something that has been posted by another user that you think is inappropriate, please let us know right away on email@example.com including a screenshot or link to the content you are reporting.
We ask that you do not post any Content that:
- Is racist, homophobic, sexist, or demeaning to either sex, abusive, sexually explicit, pornographic, of a disturbing nature or that preaches, encourages or incites religious or ethnic hatred, or links to websites that promote the same;
- Breaks the law or condones, encourages or provides instructions for illegal or otherwise harmful activities;
- Prejudices pending or on-going criminal or civil court proceedings;
- Makes defamatory comments about others;
- Infringes copyright or other intellectual property rights;
- Reveals personal details about another person, such as their surname, address, contact numbers, email address or other identifying information or breaches data protection law;
- Uses swear words or other language that is in any way unlawful, threatening, offensive, or in breach of any obligations of confidence or attempts to circumvent profanity filters in order to use swear words;
- Promotes commercial products or enterprises or repeatedly posts links to promote other sites and/or services; or
- Is an image of a child under 16
- Harass, threaten or attack anyone or otherwise behave in any way that would cause annoyance or distress to others;
- Flood or “spam” our services or those who post content through our services;
- Upload, post or otherwise transmit material that contains software viruses or any other computer code, files or programmes designed to corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected to the Website;
- Transmit or knowingly receive information relating to (or include links to) pornography, pirated software and/or computer games or other counterfeit goods;
- Collect and/or distribute personal data concerning other users;
- Impersonate another person, whether a friend, family member, celebrity, moderator, another user of our services or an employee of any member of the Fantastec Ltd;
- Attempt to commercially gain from use of our services. This includes the transmission of advertisements and any other attempts to generate business from other users of our services;
- Post chain letters or pyramid schemes; or
- Advertise petitions or solicit donations for campaigns.