Recently updated: April 2019
By using and/or downloading the App and by confirming the Terms as they appear at the App on your first use, you agree to be bound by these Terms, as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should remove the App from your device and discontinue use of the Services. As long as you do not cease using any of the Services, You will be conclusively deemed to have accepted these Terms.
IMPORTANT NOTE FOR MINORS
During use of the App and the Services we collect and share certain personal information about Users. In the event you are under the age of 16 or equivalent minimum age of consent for personal data processing in the relevant jurisdiction, you are not permitted to download, register and use the App. If you are under 16 or other relevant age in your country, you should remove the App from your device and discontinue use of the Services.
- The App allows you to participate in online games and tournaments organized by sports teams, sports clubs, and/or sponsors (“Partner” or “Partners”, as relevant to the tournament you are participating in). You can connect to the App via your Facebook or other Social Media account (“Social Media”). If you connect to the App through your Social Media account, information contained in that account, such as your full name, profile picture and age, will be collected and shared with other users and generally disclosed publicly.
- You may be eligible for prizes or rewards from the Partner (“Prizes”), in case you win a tournament on the App. IQONIQ does not provide any Prizes to Users. The Partner organizing the relevant tournament is solely responsible for any Prizes you may be entitled to.
- Users may be offered benefits, discounts or coupons (“Benefits”) by third parties through the App. IQONIQ does not provide any Benefits, nor the goods or services related thereto, which are the Partner’s and/or third parties’ sole responsibility.
- If you participate in tournaments as a “Guest”, you will not be able to win games or be eligible for Prizes.
- You are prohibited from using the App in any way which is offensive, inappropriate or otherwise infringing upon another User or third party’s rights.
- Our Services
- The App was developed and designed by IQONIQ as a platform to eIQONIQ sports fans with other fans, with sponsors and/or with their favorite sports teams, by enabling users to participate in online games, tournaments, ,and/or experiences organized by the Partners, winning prizes and connecting with other users of the App.
- When you connect to the App through your Social Media account, the App uses and shares your full name, and profile picture, though the App, on billboards and ad boards in the location where the relevant live event is taking place (arena, stadium, etc.), and on the Partner’s and/or IQONIQ’s Social Media pages (“Public Disclosures”).
- The App allows you to communicate directly with other users. In the event you send, share or upload any information through the App, such information shall constitute User Content (as defined below), and you shall be solely responsible for any such User Content.
- Currently the App is offered free of charge. IQONIQ has the right to decide, at any time, to charge a fee for the use of the App.
- IQONIQ reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services, the App or any part thereof, or User’s access thereto, and to modify, suspend or terminate the App or any part thereof, all at its sole discretion. You will have no claim, complaint or demand against IQONIQ or against any related parties or affiliates of IQONIQ, for applying such changes or for failures incidental to such changes.
- It is possible to download the App and participate in games as a guest (“Guest”), without logging through a Social Media account and providing identifying details. Please note that Guests are only allowed limited participation in games and tournaments, and that Guests may not be able to win and in any event will not be ranked and will not be entitled to Prizes or Benefits. Please note that IQONIQ collects anonymized data regarding Guests, such as device identifiers, location, web analytics, etc.
- Sharing such information as your Social Media profile name and picture, gender, location, “about me” information, mutual interests with other users, your friends, pages and posts you follow or “Like”, information you uploaded and made publicly available through your Social Media account (“Profile Information”) with the Partners and other users on the App;
- Sharing information such as your Social Media user name, Social Media profile picture, age, gender and ranking on the App to the general public by making Public Disclosures.
- You are fully responsible for all activities that are made with your login credentials or through your account on the App. You agree to notify us immediately if you suspect any unauthorized use of your login credentials or your account.
- Intellectual Property
- Content and information provided on and through the App and/or Services, including, without limitation, any of IQONIQ’s logos, trademarks, graphics, designs, information, texts, images, data, underlying software, code, algorithm, technology, proprietary information and other material displayed, available or present through the App and/or Services (the “IQONIQ Content”), are the copyrighted and/or trademarked, and/or otherwise protected work of IQONIQ, owned by IQONIQ and its affiliates and/or its licensors. IQONIQ retains all title, rights and interests, including any and all intellectual property rights, in the App, the Services, and the IQONIQ Content (collectively, “IQONIQ Materials”).
- Nothing in these Terms shall be held to grant or transfer to User any title, rights and interests in the IQONIQ Materials or any part thereto, and User shall not, and shall not permit others to, modify, edit, copy, distribute, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the IQONIQ Materials in any manner.
- Notice and Take Down Procedure
- IQONIQ respects the rights of Users and third parties. If you believe a certain content uploaded or sent through the App infringes your rights or the rights of others, including without limitation, intellectual property rights, privacy rights, etc., you should notify us immediately of such content, by sending an email with proof of such infringement to email@example.com.
- When providing us with notification of infringing content, please specify the following details:
- Identify the material that you claim is infringing, as well as material infringed if any.
- Provide information reasonably sufficient to permit IQONIQ to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit IQONIQ to notify the owner/administrator of the allegedly infringing content (email address is preferred).
- Provide a statement that it is your good faith belief that the content identified is infringing and that the information you provided is accurate and complete.
- IQONIQ may block or delete contested content, and may reinstate it, in IQONIQ’s discretion. IQONIQ may also share contested content and User details to law enforcement authorities and regulators when appropriate, and shall not be liable for any such actions taken in connection with contested content.
- Restricted Uses
The App is intended to enhance users’ engagement in games and sporting events, and to create a safe, fun community in which Users can play against each other. Therefore, you hereby represent and warrant that you will not misuse the App in any way contrary to these Terms or any applicable law, or use the App in any way which might infringe upon the rights of any other User or other third party.
Furthermore, and without limiting any other obligations under these Terms or applicable law, you undertake that you shall not, and shall not permit others to:
- Modify the App and/or Services, or decompile, disassemble, or otherwise attempt, directly or indirectly, to disrupt the App and/or Services, servers or networks connected to the App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App and/or the Services and their underlying software, or other technology, code, algorithm or other proprietary information of IQONIQ in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the App or the Services and/or interfere with the automatic process of downloading and/or installing the mandatory updates or upgrades to the App, with or without notification;
- Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the App, Services, IQONIQ Content, technology or any software related thereto;
- Create a database by systematically downloading and/or storing any and all content from the App or the Services, including details of other users;
- Use the App and/or Services for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the App and/or Services in order to download content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, etc.;
- Use the App and/or Services in a way that infringes or violates these Terms, or infringes or violates the rights of any third party or applicable law;
- Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the IQONIQ Materials.
- User Content
- The App allows you to share User Content and to interact directly with other Users. You are solely responsible to any and all User Content communicated, submitted or transmitted by you through the App or Services. You should share User Content with discretion and in accordance with these Terms and applicable law.
- It is hereby clarified that any and all information, files or other content transferred by Users through the App, including messages, text, data, information, images, photographs, graphics, video or audio, constitute user generated content (“User Content”). User Content uploaded to or sent through the App should not contain any sensitive personal information. User Content uploaded or transferred by you may be viewed by other users, and collected, processed, stored and shared by IQONIQ and the Partners.
- You undertake and approve that you will not upload, post, email, distribute, share, communicate, transmit or otherwise make available through the App and Services any User Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of IQONIQ, the Partners or any other third party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any “junk mail”, “spam”, advertisements, or disrupt discussions with repetitive messages, (v) that contains any discreet or sensitive information about you or any other user, such as medical information, information about sexual life or orientation, political affiliation, etc.
- You hereby grant IQONIQ and the Partners an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license to collect, use, analyze and share any User Content uploaded or transferred by you to the App and/or the Services, in any way IQONIQ or the Partners may reasonably choose, for the purposes of providing you with the Services and the App, for the optimization of the Services and to customize users’ experience while using the App and/or the Services. You further grant us the right, without limitation, to copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, index, cache, tag and modify, in any form or media now known or hereinafter developed, the User Content and you warrant to IQONIQ that you have the right to grant such license for such purposes.
- IQONIQ reserves the right to purge User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to or received from the App or through the Services. IQONIQ shall not be liable for any purging, deletion or failure to retain any such User Content.
- By using the App and the Services, you hereby acknowledge and agree that you may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You further acknowledge that IQONIQ will not be responsible to any damages arising in connection with User Content.
- If you see any User Content on the App that you suspect violates these Terms or applicable law, please send us an email with proof of such violation to firstname.lastname@example.org. IQONIQ reserves the right to block a User from using the App and/or the Services in case of violation of these Terms or applicable law.
- Limitations of Liability and Warranty Disclaimer
- YOU ACKNOWLEDGE AND AGREE THAT THE APP, THE SERVICES, THE IQONIQ MATERIALS AND ANY OF THEIR CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
- IQONIQ disclaims all warranties, express or implied, of any kind, regarding the App or the Services (including any content, information, software, links, advertisement, deep-linking), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to the fullest extent permitted by applicable law.
- USER FURTHER ASSUMES FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES AND ON ANY RESPONSES OR INFORMATION PROVIDED TO THE USER THROUGH THE APP, AND ACKNOWLEDGES THAT ANY USE OF OR RELIANCE ON THE SERVICES OR SUCH RESPONSES OR INFORMATION IS MADE ENTIRELY AT THE USER’S OWN RISK.
- IQONIQ’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH IQONIQ (INCLUDING WITHOUT LIMITATION YOUR USE OF THE APP AND/OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES AND REMOVE THE APP FROM YOUR DEVICE. IQONIQ AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN), ARISING FROM YOUR USE OF THE APP AND/OR SERVICES AND/OR IN CONNECTION TO ANY USER CONTENT OR ANY OTHER INFORMATION OR DATA PROVIDED TO YOU BY OTHER USERS VIA THE APP OR THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR OTHER DAMAGES OR LOSSES, EVEN IF IQONIQ HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, IQONIQ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, IQONIQ WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES.
- You acknowledge and understand that the App and/or Services require internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of device battery. You shall have no claim or demand towards IQONIQ with regards to the aforesaid.
- User Content, IQONIQ Materials or other content available through the App and Services may contain: links to third party websites that are not owned or controlled by us, and/or third party services, offers, and advertisements (“Third Party Content”). IQONIQ has no control over, and assumes no responsibility for, the content, privacy policies, terms, or practices of any third parties in connection with Third Party Content. In addition, IQONIQ will not and cannot filter, censor or edit Third Party Content. By using the App and Service, you expressly acknowledge and agree that IQONIQ shall not be responsible for any damages, claims or other liability arising from or related to your use of Third Party Content.
You agree to defend, indemnify, and hold harmless IQONIQ, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), arising from: (i) your use of the App or Services, and any use of the App or Services made through your account; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright or other intellectual property, property, or privacy right, or applicable law.
- You understand and acknowledge that the App and Services are currently in their testing stage, and are made available as a “Private Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available.
- Waiver; Severability. The failure to require performance of any provision shall not affect IQONIQ’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
- IQONIQ may assign these Terms at any time to a third party.
- Choice of Law. Unless expressly stated to the contrary elsewhere within the App or Services, the App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Monaco. You agree that all such disputes shall be brought exclusively in the appropriate Courts of Monaco.
- Amendments and Modifications. IQONIQ may, at any time and from time to time, to modify these Terms. Modifications to these Terms will be posted on the App or IQONIQ’s website, and shall be effective as of the date in which they are posted on the App or IQONIQ’s website.
- IQONIQ may provide notices to you by either using contact details specified by you, posting a message to your account interface or posting a message on the App or IQONIQ’s website, and shall be deemed received when sent or posted. Any notices to IQONIQ or questions regarding these Terms may be sent to: email@example.com