Subject of Terms of Use, scope of application

1. These Terms and Conditions of Use (the 'Terms of Use') apply to the Fan Manager Ltd. web portal located at www.fan-manager.com (the 'Portal'). The Portal is the property of Fan Manager Ltd. ('Fan Manager'). BY USING THE PORTAL, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
   
   Fan Manager Ltd. reserves the right, at its sole discretion, to modify, change, remove or add parts of these Terms of Use, at any time. It is your responsibility to check these Terms of Use for changes on a regular basis. Your continued use of the Portal following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Fan Manager Ltd. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


2. These Terms of Use fully supersede previous versions of Fan Manager Ltd. ’s Terms of Use.


3. Fan Manager Ltd. provides online services subject to its technical and operational capabilities at an annual mean rate of availability of 95.0%, not including periods during which the use of online services is disrupted or restricted for compelling technical reasons or as a result of maintenance needed, for which Fan Manager Ltd. bears no liability under the terms hereof.


4. Fan Manager Ltd. develops, updates and otherwise adapts its online games and other services on an ongoing basis. Accordingly, users may only participate in the online services in their then-current versions.


5. It is the user’s responsibility to ensure the compatibility and suitability of any software and hardware used.


6. In addition to these Terms of Use, the rules of online game apply, if any. Insofar as these Terms of Use conflict with game rules, the terms hereof prevail. Individual online games, including but not limited to variations and/or components thereof, as well as individual services on Fan Manager Ltd. ’s web pages are further subject to special terms of use, which are disclosed to users prior to use.


7. For certain services, users may have the option to take advantage of services offered by Fan Manager Ltd. ’s contractual partners. In this case, a separate agreement is entered into between users and Fan Manager Ltd. contractual partner, of which the user is alerted in a suitable manner in advance.


8. The applicability of user rules or terms & conditions deviating from these Terms of Use is subject to Fan Manager Ltd. ’s prior written consent.

Registration

1. In order to use online services offered by Fan Manager Ltd. , users must register.


2. Only individuals are permitted to register, and only individual persons (not groups, families, live-in partners, etc.) are admitted as users. Users who are under 13 years of age represent and warrant that they obtained their legal guardian’s consent prior to registering.


3. When registering, users must provide a user name as well as an email address registered to them. Users hold no right to use a user name of their choice. The user names must not violate third-party rights or be offensive in nature. In addition, no email address or URL may be used as a user name. Users represent and warrant that the information they provided when registering with Fan Manager Ltd. is accurate and complete.


4. Users must register in person; they cannot be registered by third parties, including but not limited to those that register individuals with various tele-services in a commercial capacity (registration services).


5. Registrations are approved on the Fan Manager Ltd. portal and online pages by means of a confirmation email, which provides users with an activation link. In these cases, Fan Manager Ltd. activates the user’s account if and when the activation link is clicked. Once Fan Manager Ltd. has activated an account or admitted a user, such user and Fan Manager Ltd. enter into a user agreement for an unlimited period of time subject to these terms. In some cases, the registration process may deviate from the procedure outline above, in which case the user will be alerted in a suitable manner.


6. Once users have successfully registered, they can create and independently manage their user accounts, including their Profile information.


7. User accounts cannot be transferred without Fan Manager Ltd. ’s written approval.

Disclosure as to rescission

1. Right of rescission
   You are entitled to rescind the agreement in writing (e.g., mail, facsimile, email) within one month. Reasons need not be given. To be effective, notices of rescission need only be dispatched in time and shall be addressed to support@fan-manager.com


2. Effects of rescission
   In the event of an effective notice of rescission, such services as may have been received and such benefits (e.g., interest) as may have been drawn on either side shall be reversed and/or returned. In the event that you cannot reverse and/or return all of the services you accepted from us in the condition in which they were provided, you may owe compensation as appropriate. Obligations to reimburse payments must be satisfied within 30 days from the date on which your notice of rescission was dispatched or, in our case, received.


3. Special terms
   Your right of rescission lapses prematurely if (i) Fan Manager Ltd. has begun providing a service with your express consent or (ii) you yourself initiated such a service prior to the deadline for rescission. This should be assumed to be the case if you participated in online games or took advantages of other services.

User’s obligations

1. User data
   Users undertake to notify Fan Manager Ltd. of all future changes to the information they provided as part of the registration process, including but not limited to changes to their email addresses. Users are obligated, upon Fan Manager Ltd. ’s request, to confirm that their information is accurate.


2. Login data, IDs, passwords
   • Users are obligated to hold their login information, IDs and passwords in strict confidence. Users must not enter login data on web pages other than those operated by Fan Manager Ltd.
   • The terms “login data”, “IDs” and “passwords” refer to the combinations of letters and/or characters and/or numbers used to authenticate users and prevent unauthorized third-party access. Passwords should not be identical to the player name and ideally combine numbers and letters.
   • Users are obligated to protect login data, IDs and passwords against unauthorized third-party use.
   • In the event that users have reason to believe that third parties have obtained, or might have obtained, such data without authorization, they must immediately notify Fan Manager Ltd. and change their data or have Fan Manager Ltd. change it. In this case or in the event that Fan Manager Ltd. has reason to suspect unauthorized use of data, Fan Manager Ltd. is entitled to temporarily block such users’ access. Access privileges shall be restored once unauthorized use of data is no longer suspected.
   • Under no circumstances are users entitled to use the login data of other users, unless the rules of the game provide for exceptions.


3. Use of Fan Manager Ltd. ’s web pages and contents
   • Fan Manager Ltd. ’s web pages offer contents of all kinds that are protected for the benefit of Fan Manager Ltd. third parties under trademark, copyright and other laws. Unless these Terms of Use specifically provide otherwise, users are not entitled to process, duplicate, distribute, publish or use for advertising or extra-contractual purposes Fan Manager Ltd. ’s web pages or any content provided thereon.
   • 'Contents' refer to all data, images, texts, graphics, songs, tones, tone sequences, videos, programs, software codes and other information provided by Fan Manager Ltd. on its web pages, including but not limited to services offered for download.
   • Users undertake to refrain from (i) taking any action endangering or disrupting the functionality of Fan Manager Ltd. ’s web pages or any service offered thereon, and (ii) accessing restricted data without authorization. Data or software capable of affecting a recipient’s software or hardware must not be transmitted.
   • The use of Fan Manager Ltd. ’s web pages for commercial purposes, including but not limited to advertising, is subject to Fan Manager Ltd. express prior written consent.
   • Users hold no right to publish contents on Fan Manager Ltd. ’s web pages.
   • Fan Manager Ltd. ’s web pages may not be accessed using an anonymization service obscuring the user’s actual IP address.


4. Links
   It is permitted to link to Fan Manager Ltd. ’s web pages so long as links serve cross-reference purposes only. Fan Manager Ltd. reserves the right to revoke its permission. It is not permitted to incorporate or represent Fan Manager Ltd. ’s web pages or contents into or in a frame using a hyperlink.

Special terms for use

1. Unless the rules provide for exceptions, users are restricted to a single user account. The use of multiple user accounts is not permitted, and Fan Manager Ltd. may, at its option, delete or block multiple user accounts at any time.


2. Users are prohibited from manipulating or disrupting online voting, game and other service. In particular, users must not employ measures, mechanisms or software that may interfere with the game’s function or intended course. Likewise, users must not adopt measures that may burden the technical capacities to an unreasonable or excessive degree. Users are not permitted to block, overwrite or modify contents generated by the game authority or otherwise interfere with online games.


3. Users are further prohibited from accessing online games (including any individual web page) using programs other than a web browser or the client program provided. This is especially true for so-called bots and other tools designed to replace or change Web interfaces. Also prohibited are scripts and fully or partly automated programs giving users a competitive edge over other users, including auto-refresh functions as well as other integrated web-browser mechanisms where automated actions are concerned.


4. Under no circumstances may users:
   • create or use cheats, mods and/or hacks or use other third-party software altering the experience of online game players;
   • employ software for the purpose of mining data or otherwise “catch” or collect information related to the online game;


5. The use of tools to suppress ads is prohibited. For this purpose, it is of no consequence whether only specific ads are suppressed or so-called pop-up blockers or text-based browsers are used to prevent ads from being displayed.

Special terms for use of means of communication on Fan Manager Ltd.’s web pages

1. Fan Manager Ltd. may provide, but users are not entitled to, various means of communication (including but not limited to discussion forums, chats, blogs, guest books, etc. as well as comment functions) for users to post their own contents and contributions on Fan Manager Ltd. web pages. Users are permitted to take advantage of such means to the extent available. Fan Manager Ltd. merely facilitates an exchange of information by technical means.


2. Users are solely responsible for any content and contribution they introduce and undertake to indemnify and hold Fan Manager Ltd. harmless from and against third-party claims. While Fan Manager Ltd. specifically does not claim ownership of user-posted comments, users grant Fan Manager Ltd. a permanent, irrevocable and non-exclusive right to use contents and contributions posted by them. Fan Manager Ltd. stresses that it does not actively monitor user contents posted on its pages.


3. Users are prohibited from using any tool, including but not limited to the means of communication available on Fan Manager Ltd. ’s web pages, to publish or distribute contents thereon that:
   • violate applicable law or prevailing moral or ethical standards;
   • infringe upon third-party trademarks, patents, industrial and other registered designs, copyrights, trade secrets or other third-party rights;
   • are obscene, racist, pro-violence or pornographic in nature or otherwise endanger the wellbeing or character of children and youths;
   • are offensive, harassing or libelous in nature;
   • contain chain letters or snow-ball systems;
   • wrongly create the impression of having been posted or endorsed by Fan Manager Ltd.;
   • refer to personal data of third parties without such parties’ express consent; or
   • are commercial in nature and/or serve advertising purposes.


4. URLs, companies or products must not be named if and to the extent that they are primarily mentioned for advertising purposes.


5. All users of the means of communication provided on Fan Manager Ltd.’s web pages are obligated to express themselves in a non-offensive manner and to refrain from ridiculing or otherwise attacking others.


6. Irrespective of its other rights under these Terms of Use, Fan Manager Ltd. is entitled to edit or delete any part of contents and contributions posted in violation of these rules. Fan Manager Ltd. is further entitled to temporarily or permanently exclude from the use of the online game, access to Fan Manager Ltd. web pages and other services any user violating these rules.

Consequences of breach of duty

1. Fan Manager Ltd. is not liable for damages resulting from breaches of duty attributable to users.


2. Irrespective of all other legal and contractual rights, Fan Manager Ltd. may, at its option, take the following actions in the event that users culpably violate applicable law, third-party rights, these Terms of Use or any applicable game-specific provision or rule:
   • edit or delete content;
   • issue user warnings;
   • flag misconduct in relevant online games and identify responsible users;
   • temporarily or permanently deny users access to the Fan Manager Ltd. game and/or web page;
   • exclude users;
   • issue temporary or permanent bans for all of Fan Manager Ltd. ’s web pages in cases of violations of Section 6; or
   • terminate user agreements with immediate effect.


3. Users who have been banned or excluded cannot re-register without Fan Manager Ltd. ’s prior consent and hold no right to have the ban, exclusion or other restrictive measure lifted.

User fees

1. Unless specifically noted otherwise, the use of the online game and other services is free of charge.


2. However, users may purchase paid membership packages, in which case they will be separately notified on the website of the nature of such packages, including but not limited to their functions, periods of availability, costs as well as methods of payment.


3. Minors wishing to purchase membership packages represent and warrant that the funds used to pay for such features were made available to them for this purpose, or placed at their disposal, by their legal guardians.


4. The applicable rates are due and payable upon closing, with payment typically being collected by the service provider handling the payment process. Payments may be collected a few days in advance to ensure the uninterrupted availability of services. Terms & conditions imposed by such service providers, if any, apply in addition to these Terms of Use.


5. Users represent and warrant that any information provided as part of the payment process (including but not limited to bank information, credit card numbers, etc.) is true and accurate.


6. The methods of payment vary depending on the user country as well as the means and technologies available. Fan Manager Ltd. reserves the right to amend the methods of payment at any time.


7. Fan Manager Ltd. further reserves the right to change the fees for membership packages, which encompasses the right to lower or raise the rates for future membership purchases.


8. In the event of default, Fan Manager Ltd. is entitled to block the account of any user in default, to demand additional damages or suspend its services to such user.


9. If payment is made by credit card, cancellation fees may amount to EUR 50 per charge plus any bank fees incurred by Fan Manager Ltd. Fan Manager Ltd. is entitled to claim additional damages.

Limitations of liability

1. With respect to their infringement upon third-party rights, users are directly liable to such third parties and undertake to indemnify Fan Manager Ltd. against all damages it incurs as a result of non-compliance with the duties set forth in these Terms of Use. Users hold Fan Manager Ltd. harmless from any claim asserted against Fan Manager Ltd. by other users or third parties on the basis of the violation of their rights by user contents or other breaches of duty, and they shall bear the costs of Fan Manager Ltd. ’s legal defense, including court and attorney’s fees, provided the violation of applicable law is attributable to them.


2. Irrespective of legal grounds (breach of contractual duty or tort), Fan Manager Ltd. ’s liability is conclusively subject to the following provisions:
   • Insofar as Fan Manager Ltd. provides the service triggering liability free of charge, Fan Manager Ltd. is liable for intentional misconduct and gross negligence only.
   • For services provided against a fee, Fan Manager Ltd. bears unlimited liability for intentional misconduct and gross negligence in cases of bodily injury; in the event of slight negligence, however, Fan Manager Ltd. ’s liability is limited to breaches of material contractual duties as well as default and instances of impossibility attributable to it. Its liability for violations of such material contractual duties is limited to the typical amount of damages it should have anticipated at the closing on the basis of the circumstances of which it was then aware. “Material contractual duties” in the aforementioned sense refer to duties that are essential to the proper implementation of the agreement and the realization of its object and are reasonably relied upon by users.
   • Fan Manager Ltd. accepts no liability for network disruptions it did not cause.
   • Subject to the foregoing paragraphs, Fan Manager Ltd. ’s liability for the loss of data is limited to instances in which users could not have avoided such loss by means of appropriate data-security precautions.
   • The above limitations of liability do not apply in cases (i) in which Fan Manager Ltd. made express warranties, (ii) of deception, (iii) of damages resulting from injuries to life, body or health and (iv) in which applicable law mandates otherwise.

Term, deletion of user accounts

1. Unless otherwise stipulated for the online game or service, the agreement on the use of the Fan Manager Ltd. portal, online game and other services is entered into for an unlimited period of time and commences upon a user’s admission or clearance by Fan Manager Ltd.


2. Even in the absence of good cause, each party may terminate the agreement with immediate effect, provided no specific term was agreed upon. If the parties agreed on a specific term, the agreement may not be terminated until the end of its term. Unless and until terminated, any agreement with a specific term automatically renews for the length of the original term.


3. Each party is entitled to terminate the agreement with immediate effect for good cause. Good cause is present especially if and when:
   • users default on payments of fees and fail to pay despite a reminder;
   • users engage in conduct that materially compromises the game experience of other players;
   • cheats, mods and/or “hack” or other software, tools or scripts are used to the effect of changing the experience and/or mechanism of online games;
   • a user’s account is used to vote and/or play by third parties;
   • users culpably violate applicable law, these Terms of Use or game-specific provisions or rules.


4. Notice of termination must be given in writing, email being an acceptable means of written communication.


5. In the presence of good cause (e.g., extended period of inactivity), Fan Manager Ltd. is entitled to delete user accounts. In addition, Fan Manager Ltd. may, at its option, delete user accounts upon the end of the term.

Term, creating a team

1. By creating a new team page on www.fan-manager.com, you declare that you have the right to use the name/brand/logo of that team. Team account/page may be suspended at any time without prior notice.

Privacy

1. Personal user data is not compiled, processed or used unless the user in question consents or applicable law permits.


2. For details, see Fan Manager Ltd.’s Privacy Policy

Applicable law, legal venue

1. The laws of the Republic of Bulgaria apply to the exclusion of the U.N. Convention on Contracts for the International Sale of Goods (CISG).

Amendments to these Terms of Use, miscellaneous, communications, severability

1. Fan Manager Ltd. reserves the right to amend these Terms of Use. When logging in, users are notified of amendment to the Terms of Use on the Fan Manager Ltd. portal or any online page at least two weeks in advance of the effective date of such amendment. Alternatively, Fan Manager Ltd. may notify users by email, either by transmitting the amended terms or providing a link to a Fan Manager Ltd. web page on which the amended terms may be viewed. By logging in on the Fan Manager Ltd. portal after the amended Terms of Use have come into effect, users express their agreement with the new terms. Fan Manager Ltd. shall separately advise users as to the significance of the two-week period, the right of rescission and the legal consequences of inaction in a suitable manner.


2. Users cannot transfer rights and obligations under this agreement without Fan Manager Ltd. ’s prior written approval.


3. Users may set off counter-claims only if and to the extent that such claims have been effectively established or recognized by Fan Manager Ltd. or are undisputed. Users may exercise a right of retention only with respect to claims hereunder.


4. Unless these Terms of Use provide otherwise, Fan Manager Ltd. typically communicates with users by email. It is incumbent upon users to ensure that the email account registered with Fan Manager Ltd. is checked for messages from Fan Manager Ltd. on a regular basis. When contacting Fan Manager Ltd. , users must identify the user account to which they refer.


5. Changes to and the suspension of these Terms of Use, including this formal requirement, must be communicated in writing.


6. In the event that individual provisions of these Terms of Use are or become ineffective or violate applicable law, the remaining provisions hereof shall continue in full force and effect, and the parties shall replace the ineffective provision with one that best approximates the economic meaning and purpose of the ineffective provision within the bounds of law. The same applies to gaps found herein.