FANMODE TERMS AND CONDITIONS

  1. INTRODUCTION
    1. We are Fanmode International Limited (“we” and “us”). We operate the multi-platform Fanmode application (the “App”) and the website at www.fanmode.com (the “Site”) (together, “Fanmode”).
    2. We are a company registered in Ireland with company number 529333 and registered address at 1-3 Burton Hall Park, Burton Hall Road, Sandyford, Dublin 18, Ireland.
    3. If you need to contact us, you can do so via the details listed on our contact page at www.fanmode.com/contact
    4. These terms and conditions, together with our Privacy Policy are available at www.fanmode.com/tos , form the “Terms” which apply to your use of Fanmode. It’s very important that you read the Terms carefully. By using Fanmode you agree to be bound by the Terms. If you do not understand the Terms, or do not accept any part of them, then you should not use Fanmode. If you have any questions about the Terms, please contact us.
    5. We may amend these Terms from time to time as set out in clause 4.4. These Terms were last updated on 2nd April 2014
  2. OUR RESPONSIBILITY TO USERS
    1. We have taken every care in the preparation of the material on Fanmode. However, the material displayed on Fanmode is provided without any guarantees, conditions or warranties as to its accuracy or suitability for any particular purpose. If you notice a problem, feel free to let us know and we’ll see if we can try and fix it.
    2. If the need arises, we may suspend access to Fanmode to carry out routine or emergency work. We will not be responsible if for any reason Fanmode is unavailable.
    3. We will not be responsible to you for any errors or omissions, or any technical problems you may experience, or any use you make of the material on Fanmode, any websites linked to it or any materials posted on it.
    4. If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use Fanmode.
    5. These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law. Nothing in these Terms shall limit our liability for personal injury or death caused by our negligence or if we are fraudulent.
    6. Because we operate for personal use only our responsibility to you shall not for any reason include any business losses such as lost data, lost profits, lost sales or business interruption.
  3. YOUR USE OF FANMODE
    1. Use of Fanmode
      1. Fanmode is provided to you for your personal, non commercial use subject to the Terms.
      2. You must also comply with the terms and conditions of the relevant application store from which you download the App (for example, the Apple App Store, Google Play Store and other such stores.
    2. Age restrictions2
      1. Certain content within Fanmode may not be suitable for children and, in this regard, we advise parental guidance. If you are under [16], you must read these Terms with your parent or guardian prior to using Fanmode, as your use of Fanmode shall be confirmation that you and your parent or guardian understand and agree to these Terms.
      2. If we reasonably believe that you have not told us your true age, we may suspend your use of Fanmode until you have provided proof acceptable to us.
    3. Device requirements
      1. You may download the App and access and/or use Fanmode, in accordance with these Terms, on specific compatible devices.
      2. The App is compatible with iOS and Android. Fanmode, or some of its features and functionalities, may not be available on all devices. We do not guarantee that all or any features or functionalities of Fanmode will work on any particular device.
      3. There may be updates to the App and you are responsible for installing any updates. You may not be able to access or use Fanmode unless you install relevant updates.
    4. Data charges
    5. Depending on your mobile phone and/or mobile device tariff and your provider, you may incur data charges from your provider for downloading the App and/or using certain features of Fanmode. You are responsible for all data charges.

    6. Your information
      1. Some features and functionalities of Fanmode are only available to registered users.
      2. You must ensure that the details provided by you on registration or at any time are correct and complete.
      3. Our Privacy Policy at www.fanmode.com/tos explains how we use any information about you that we receive from you or collect when you use Fanmode.
      4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details so that we can communicate with you effectively.
      5. We can suspend or terminate your use of Fanmode if we reasonably believe that any details you have submitted are untrue.
    7. Your password and security
      1. Access to Fanmode is possible through your existing Facebook account, using your Facebook username and password.
      2. If you access Fanmode directly via the webpage or if you download the App to your device, you will be asked to register to use Fanmode and create a username and password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us via www.fanmode.com/infringements immediately.
      3. If we believe that there may be a breach of security or misuse of Fanmode, we may require you to change your password or we may suspend your use of Fanmode.
      4. We reserve the right to remove or reclaim your Fanmode username if we believe it is appropriate (for example, following a complaint from a trademark owner).
    8. Intellectual property
      1. Fanmode, and the content accessible on it (“Content”), are protected by intellectual property rights and are the property of Fanmode International Limited or its licensors. Protected elements include, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trade marks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to Fanmode, including without limitation, the "look and feel" of Fanmode.
      2. Download, access and use of Fanmode will not transfer to you any right other than to use Fanmode as intended and in accordance with these Terms for your own personal, non-commercial use. You may not otherwise than permitted through the functionality of Fanmode modify, copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, reverse engineer or otherwise use any part of Fanmode.
    9. Submitting content to Fanmode
      1. The rules
      2. Some areas of Fanmode allow you to enter content. We want everyone using Fanmode to have a good experience, so you promise that your content (“User Content”) will not:

        1. contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
        2. promote sexually explicit material, violence or discrimination based on race, sex, religion nationality, disability, sexual orientation or age;
        3. infringe any copyright, database right, or trade mark, or any other intellectual property rights of any other person;
        4. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
        5. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
        6. be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
      3. Who owns content posted
      4. By submitting User Content you are granting us (and our group of companies) a perpetual, royalty-free, non-exclusive, irrevocable licence to reproduce, modify, translate, make available, distribute and sublicense the User Content in whole or in part and in any form, including for marketing purposes in our own materials and on social media.

      5. Your responsibilities
      6. You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us because of:

        1. any claim by any third party that your User Content is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice;
        2. any claim by any third party that your User Content infringes that third party’s copyright or other intellectual property rights; and
        3. any claim by any third party that your User Content breaches any confidentiality or privacy rights.
      7. Removal of Content
      8. We reserve the right to remove or refuse to post User Content on Fanmode although we do not actively moderate content posted. You must not try to re-post User Content that we have removed or refused to post on Fanmode. User Content that you remove from Fanmode may persist in backup copies for a reasonable period of time (but will not be available to others).

    10. Viruses, hacking, scraping
      1. You must not misuse Fanmode by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Fanmode, the server on which Fanmode is stored, or any server, computer or database connected to our Site. You must not attack Fanmode via a denial-of-service attack or a distributed denial-of service attack.
      2. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990 or equivalent laws in your country. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Fanmode will stop immediately.
      3. In addition, we expressly do not allow any kind of data gathering technology to ‘scrape’ Fanmode for any reason.
    11. Third Party Content and websites
      1. Fanmode displays content from many different sources, including social media platforms, third party media providers and advertisers, third party websites, or other users of Fanmode (“Third Party Content”).
      2. Third Party Content is the sole responsibility of the contributor. Any views expressed in Third Party Content do not necessarily reflect our views.
      3. We are not responsible to you or any third party in any way for any Third Party Content, including the views expressed, images or words displayed in the Third Party Content, or for any behaviours undertaken by any third party using Fanmode (“Third Party Activities”).
      4. If you are concerned about any Third Party Content on Fanmode you can report it to us using the ‘Report This’ function. For more information on the 'Report This' function, www.fanmode.com/infringments.
      5. Users under the age of [16] are also encouraged to talk to a parent or a responsible adult immediately if someone online says or does something to make them feel uncomfortable or threatened in any way.
      6. We reserve the right to remove Third Party Content in our absolute discretion, but we do not actively moderate it.
      7. Third Party Content may contain links which take you to websites outside of Fanmode. These websites may be subject to separate terms and conditions and privacy policies.
    12. Integration of social media
      1. Fanmode may incorporate content generated by users on social media sites such as Facebook and Twitter (“Social Media Content”).
      2. Our ability to integrate Social Media Content is dependent on the availability of the platform APIs. Therefore we are not responsible for unavailability of Social Media Content.
    13. Ending you use of Fanmode
      1. We hope that you love Fanmode and tell your friends about it. However, if you do want to stop using Fanmode, just delete the App or stop logging on to the Site.
  4. GENERAL
    1. Events outside our control
    2. We will not be responsible for any failure to perform, or delay in performance of, any of our obligations towards you that is caused by events outside our reasonable control.

    3. Severability
    4. If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.

    5. Entire agreement
    6. The Terms contain the whole agreement between us relating to your use of Fanmode. No additional terms or conditions requested or communicated in any way by you will form part of our contract whether accepted or not by an employee of ours.

    7. Our right to vary the Terms
      1. We may revise and amend the Terms from time to time. You will be subject to the terms and conditions in force at the time that you use Fanmode.
      2. Whenever we revise these Terms in accordance with this clause 4.4, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the start of these Terms.
    8. Law and jurisdiction
    9. The Terms are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.

FANMODE PRIVACY POLICY

  1. INTRODUCTION
    1. Fanmode International Limited (“we” and “us”) is committed to protecting your privacy when you are using our multi-platform Fanmode application and our website at www.fanmode.com (together, “Fanmode”).1
    2. This Privacy Policy tells you:
      1. how we collect information about you;
      2. how we may use the information we collect;
      3. how we share the information with anyone else;
      4. how you can instruct us if you prefer to limit the use of that information;
      5. what the procedures that we have in place to safeguard privacy; and
      6. how we use cookies.
    3. If you need to contact us or have any queries with regard to these practices, you can contact us via the details listed on our contact page at www.fanmode.com/contact.
    4. This Privacy Policy, together with our Terms and Conditions www.fanmode.com/tos , form the “Terms” which apply to your use of Fanmode. It’s very important that you read the Terms carefully. By using Fanmode you agree to be bound by the Terms. If you do not understand the Terms, or do not accept any part of them, then you should not use Fanmode. If you have any questions about the Terms, please contact us.
    5. We may amend this Privacy Policy from time to time as set out in clause 11.2. This Privacy Policy was last updated on 2nd April 2014.
  2. INFORMATION THAT WE MAY COLLECT
    1. When you download, set up an account with, access or otherwise use Fanmode we may receive and collect personal information about you. This is information that relates to and identifies you and may include (but is not limited to): your name, postal address, e-mail address, telephone number, [Facebook profile picture, ]gender, and usernames that you provide as part of you linking your Facebook account to your use of Fanmode.2
    2. We may also collect information about you such as your name, address and contact details where you enter a competition, prize-draw or promotion that we are operating.
    3. By submitting these details you enable us to provide you with the services, activities or online content you select.
    4. We also use cookies (see clause 8 below) and collect IP addresses (this is a number that can uniquely identify a specific computer or other device on the internet) and other usage information from all visitors to Fanmode to help us develop and improve it further.
  3. OUR USE OF YOUR PERSONAL INFORMATION
    1. We will use your personal information for the following purposes:
      1. providing and personalising our services;
      2. dealing with your enquiries and requests;
      3. compiling your membership profile;
      4. to personalise the way Fanmode is presented to you;
      5. providing you with information about our services, activities and online content;
      6. to analyse and improve the services offered to you on Fanmode;
      7. for “service administration purposes” so we may contact you for reasons related to the service, activity or online content you have signed up for; and
      8. for marketing purposes.
    2. We also gather information and statistics for the purpose of monitoring Fanmode usage and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify you.
    3. If you choose to post messages in one of the forums or other message areas, we will collect the information you provide to us and retain this information to resolve disputes, for research purposes, to provide customer support and troubleshoot problems, as permitted by law.
    4. If you stop using Fanmode, we may continue to use and disclose your personal information in accordance with this Privacy Policy (as amended from time to time) and as permitted by law.
    5. If you wish us to stop contacting you with information in connection with Fanmode, please send us an email using the contact details at the start of this Privacy Policy.
  4. WILL WE SHARE INFORMATION WITH ANYONE ELSE?
    1. We will keep your information for no longer than necessary and it will remain confidential except where we are required or permitted to disclose it by law (for example, to government bodies and law enforcement agencies or in response to other legal or regulatory requests).
    2. We may also share your information with the following people for the purpose of processing your information:
      1. our employees;
      2. our affiliates;
      3. our group companies and their employees;
      4. successors in title to our business;
      5. third party consultants, contractors or other service providers who may access your
      6. personal information when providing services to us (for example, advertisers); and
      7. auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes.
    3. We will require these third parties to comply strictly with our instructions and request that they do not use your personal information for their own business purposes (unless you have specifically consented to this).
  5. ADVERTISING ON FANMODE
    1. Fanmode relies on advertising revenue in order to remain free for you to use, but we will never share your personal information with advertisers unless you give us your permission.
    2. We will only ever provide advertisers with information where we have removed your name and other personally identifying details from it, or combined it with other information so that it no longer personally identifies you. For example, we may tell an advertiser how many people viewed or clicked on their adverts.
  6. YOUR RIGHTS TO SEE THE INFORMATION WE COLLECT ABOUT YOU
    1. Under the Data Protection Act you have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
    2. Before responding to any request, we will require proof of your identity. We may also charge you [£10] per request to cover the administration costs incurred by us in providing you with the information.
    3. Please send all requests for information to the contact details provided at the start of this Privacy Policy.
  7. WILL YOU BE CONTACTED FOR MARKETING PURPOSES?
    1. We will only contact you for marketing purposes, or to promote new services, activities or online content if you have consented to this by “opting-in”.
    2. You can opt-out of receiving any communications by contacting us using the contact details at the start of this Privacy Policy.
  8. COOKIE POLICY
    1. What is a cookie?
      1. A cookie is a small piece of information sent by a web server to a web browser, which enables Fanmode to collect information about your browsing patterns. This then allows us to tailor Fanmode to your interests. They are widely used in order to make websites work as well as to provide business and marketing information to the owners of the site.
      2. http://www.allaboutcookies.org is a good site to visit if you want to find out more about the use of cookies.
    2. How do we use cookies on Fanmode?
      1. We use cookies on Fanmode for the following purposes:
        1. Technical reasons, for example to balance website traffic to ensure that you receive a consistent and reliable service.
        2. To enhance the ease of use of Fanmode users, for example remembering your preferences or login details.
        3. Gathering statistics on how users access and use Fanmode.
        4. Marketing, for example, to allow advertisers to display appropriate advertising and track its effectiveness. You can opt-out of receiving any marketing communications by contacting us using the contact details at the start of this Privacy Policy.
      2. Our cookies are set out below:3
    3. Other cookies
      1. We may sometimes embed advertisements from our advertising partners or video content from websites such as YouTube. As a result, when you visit a page containing such content, you may be presented with cookies from these websites. We do not control the dissemination of these cookies and you should check the relevant third party's website for more information.
      2. You may also see embedded ‘share’ buttons on Fanmode; these enable users to easily share content with friends through a number of popular social media networks. When you click on one of these buttons, a cookie may be set by the service you have chosen to share content through. Again, we do not control the dissemination of these cookies.
    4. Can you turn off these cookies?
    5. You can change your browser settings to turn off cookies. However, if you do change your settings and block certain cookies, this means that certain personalised features cannot be provided to you and you may not be able to have the full advantages of Fanmode’s features.

    6. ACCESSING OTHER WEBSITES THROUGH FANMODE
    7. Fanmode may contain hyperlinks to other websites owned and operated by third parties. These third party websites will have their own privacy policies, and are also likely to use cookies, so we recommend you look at these policies before using the third party website. As these websites are outside of our control we cannot accept any responsibility or liability for the privacy practices used by the third parties and the use of these websites is at your own risk.

    8. HOW SECURE IS YOUR INFORMATION?
      1. Please be aware that communications over a network are not secure unless they have been encrypted and your communications may route through a number of countries before being delivered. We cannot accept responsibility for any unauthorised access or loss or personal information that is beyond our control.
      2. We believe that we have appropriate policies, rules and technical measures in place to protect your personal information that is under our control from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss. All of our employees and data processors that have access to, or are associated with, the processing of your personal information are obliged to respect the confidentiality of the information.
      3. Owing to the global nature of the Internet, the information you provide may be transferred in transit to countries outside of the European Economic Area. By using Fanmode you accept that your information may be transferred outside of the EEA and consent to this. Although some countries outside of the EEA may not have similar privacy protections in place, we will take adequate steps to ensure the security of your information should it be transferred outside of the EEA.
    9. YOUR CONSENT TO THE USE OF YOUR INFORMATION
      1. By submitting any personal information to us you consent to the use of the information as set out in this Privacy Policy.
      2. We reserve the right to amend or modify this Privacy Policy and if we do so we will post the changes on this page. You will need to check this Privacy Policy every time you submit information to us to ensure you are aware of any changes made. Subsequent use of Fanmode will signify that you agree to the changes.
      3. If you are aged 16 or under you will need to get your parent/guardian’s permission before you provide us with any personal information. If you do not have this permission, you are not allowed to provide us with any personal information.
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Cookie Name: Purpose:
Fanmode Maintain users session