Terms and Conditions
Terms & Conditions
By accessing or using the TheFans website, the TheFans service, or any applications (including mobile applications) made available by TheFans (together, the "Service"), however accessed, you agree to be bound by these terms and conditions ("Terms and Conditions"). The Service is owned or controlled by TheFans, LTD ("TheFans"). These Terms and Conditions affect your legal rights and obligations. If you do not agree to be bound by all of these Terms and Conditions, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms and Conditions. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms and Conditions.
Basic Terms
- You must be at least 13 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, licence or assign your account, followers, username, or any account rights. TheFans prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to TheFans upon registration and at all other times will be true, accurate, current and complete.
- You agree that you will not solicit, collect or use the login credentials of other TheFans users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service.
- You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content, including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or TheFans.
- You must not access TheFans's private API by means other than those permitted by TheFans.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any TheFans users.
- You must not use domain names or web URLs in your username without prior written consent from TheFans.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any TheFans page is rendered or displayed in a user's browser or device.
- You must not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms and Conditions or any other TheFans terms.
- Violation of these Terms and Conditions may, in TheFans's sole discretion, result in termination of your TheFans account. If you violate the letter or spirit of these Terms and Conditions, or otherwise create risk or possible legal exposure for TheFans, we can stop providing all or part of the Service to you.
General Conditions
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your TheFans account by going to Account → Settings → Other → Delete Account in the app, or by emailing us at hello@thefans.io. If we terminate your access to the Service or you deactivate your account, your check-ins, comments, likes, friendships, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
- Upon termination, all licences and other rights granted to you in these Terms and Conditions will immediately cease.
- We reserve the right, in our sole discretion, to change these Terms and Conditions ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. Your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms and Conditions.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that TheFans is not responsible or liable for the conduct of any user.
- There may be links from the Service to third-party websites or features. The Service also includes third-party content that we do not control, maintain or endorse. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles (except as may be the result of standard search engine protocols used with TheFans's express consent).
Rights
- TheFans does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to TheFans a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide licence to use the Content that you post on or through the Service, subject to the Service's Privacy Policy.
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that TheFans may place such advertising and promotions on the Service or in conjunction with your Content.
- Where the Service contains paid services, sponsored content, or commercial communications, we will endeavour to identify these as such in accordance with applicable advertising standards.
- You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licences set forth in these Terms and Conditions; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
- The Service contains content owned or licensed by TheFans ("TheFans Content"). TheFans Content is protected by copyright, trademark, patent, trade secret and other laws. You will not reproduce, modify, adapt, publish, distribute, transmit, broadcast, sell, licence or otherwise exploit the TheFans Content.
- The TheFans name and logo are trademarks of TheFans, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TheFans.
- TheFans reserves the right to remove any Content from the Service for any reason, without prior notice. TheFans is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. TheFans will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
- You agree that TheFans is not responsible for, and does not endorse, Content posted within the Service. TheFans does not have any obligation to prescreen, monitor, edit, or remove any Content.
- Except as otherwise described in the Service's Privacy Policy, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.
- It is TheFans's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested. Accordingly, TheFans does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.
Use of User Content
By posting, uploading, or sharing content on TheFans (including but not limited to check-ins, photographs, comments, match attendance records, reviews, or other material) you grant TheFans a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, display, and share such content.
This licence includes the right for TheFans to feature or repost user-generated content on its website, mobile applications, social media channels, marketing materials, and promotional communications, whether in digital or other formats.
Where reasonably possible, TheFans will endeavour to credit the original user when featuring such content.
You retain ownership of any content you submit; however, by posting it on TheFans you grant the rights described in this section for the purpose of operating, promoting, and improving the service.
Football Club Intellectual Property
Club names and crests are used solely for the purpose of identifying teams and competitions. TheFans is an independent fan platform and is not affiliated with or endorsed by any football club or league.
All football club names, badges, crests, logos, and related imagery are the intellectual property of their respective owners. TheFans makes no claim of ownership over any such marks and uses them solely to enable fans to identify and discuss the clubs and competitions they support. Any use of such marks on the Service is nominative and for identification purposes only.
If you are a rights holder and believe that any club-related content on the Service has been used in a way that goes beyond identification purposes or otherwise infringes your intellectual property rights, please contact us at hello@thefans.io.
Reporting Copyright and Other IP Violations
- We respect other people's rights, and expect you to do the same.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
The Service, including, without limitation, TheFans Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither TheFans nor its parent company nor any of their employees, managers, officers or agents (collectively, the "TheFans Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the TheFans Content; (c) User Content; or (d) security associated with the transmission of information to TheFans or via the Service. In addition, the TheFans Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The TheFans Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
Limitation of Liability; Waiver
Under no circumstances will the TheFans Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the TheFans Content; (c) User Content; (d) your use of, inability to use, or the performance of the Service; (e) any action taken in connection with an investigation by the TheFans Parties or law enforcement authorities regarding your or any other party's use of the Service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Service's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, or defect.
In no event will the TheFans Parties' total liability to you for all damages, losses or causes of action exceed one hundred United Kingdom pounds (£100.00).
Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at TheFans's request), indemnify and hold the TheFans Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following: (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (v) any misrepresentation made by you.
Arbitration
Except if you opt-out or for disputes relating to: (1) your or TheFans's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms above ("Excluded Disputes"), you agree that all disputes between you and TheFans with regard to your relationship with TheFans will be resolved by binding, individual arbitration under the Centre for Effective Dispute Resolution (CEDR) rules for arbitration of consumer-related disputes. As an alternative, you may bring your claim in the Small Claims Track of the County Court, if your claim falls within the applicable financial limits. You may bring claims only on your own behalf.
You may opt out of this agreement to arbitrate within 30 days of the date that you first became subject to this arbitration provision. Send your opt-out notice to: TheFans, 52a Marlborough Hill, Harrow, Greater London, or by email to hello@thefans.io. You must include your name and residence address, the email address you use for your TheFans account, and a clear statement that you want to opt out of this arbitration agreement.
Time Limitation on Claims
To the fullest extent permitted by applicable law, including the Limitation Act 1980, you agree that any claim you may have arising out of or related to your relationship with TheFans must be filed within six years after such claim arose; otherwise, your claim is permanently barred. Nothing in this clause affects any rights you have under the Consumer Rights Act 2015 or other applicable consumer protection legislation.
Governing Law & Venue
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with TheFans exclusively in a court of England and Wales.
If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and TheFans and govern your use of the Service, superseding any prior agreements between you and TheFans. You will not assign the Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without the prior written consent of TheFans. TheFans may assign these Terms and Conditions or any rights hereunder without your consent.
Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
Questions about these terms?
If you have any questions about these Terms and Conditions, please contact us.