Section A : Introduction and preliminary terms
This Agreement was last revised on 1st August 2015
1. Welcome to Sponsor Frenzy!
1.2 We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using SponsorFrenzy after a change, that means you accept the new terms.
2. About Creating an Account
2.1 Anyone can access the Website. However, to post a Campaign or be a Sponsor you will need to register as a User by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the legal age in your jurisdiction and there must be no reason why you should not be in contact with any other Users. To create an account, please go to the ‘Register’ section found on the Home page.
2.2 You are not eligible to use the Website if we have temporarily suspended or previously terminated your access to it and we have not expressly authorised you in writing to resume using it.
2.3 We try to make the Website available at all times, but, of course, we cannot guarantee this.
4. Account registration
4.1 You can sign up and create your account on the Website.
4.2 You must make sure that all the information you provide when you register with us is true, accurate, current and complete.
4.3 If you change any of your registration details (e.g. email address, postal address), you must update your account.
4.4 Your account is for you or your Businesses use only. To help us maintain the security of our Website, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into the Website as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. You agree to indemnify SponsorFrenzy for any loss that may occur due to your breach of this clause 4.4
4.5 If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.
4.6 In the event that you have, or we have, reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to the Website and/or the Platform.
4.7 You can request deletion of your account at any time as long as you do not have any active Campaigns within the fundraising Period that have not reached the Finance Goal. Please email us to request deletion of your account.
4.8 We reserve the right to delete your account and any personal data or other information associated with your use of the Website if there is no activity on your account for more than 24 consecutive months.
Section B : Creating Campaign, offering Rewards and making Contributions.
1. Our role and the Services we provide
1.1 We provide the Platform through which Athletes can receive Contributions for their Campaigns and offer Rewards. By doing so and providing tips and other guidance we facilitate agreements between Athletes and Sponsors for Contributions and Rewards on terms agreed between them.
1.2 Although we may from time to time agree to promote and advertise certain Campaigns or help to raise awareness of their Finance Goal, we will not be involved in the management of, or use of, Contributions in relation to a Campaign nor will we directly offer or fulfil Rewards ourselves.
1.3 We may provide a personalised service to potential Sponsors or Partners that wish to be put in touch with individual Athlete or provide Contributions and/or Rewards to certain Campaigns. SponsorFrenzy will coordinate discussions between the parties and negotiate any Contribution and/or Reward. This Service will be subject to contract that will govern its terms. For further information please email email@example.com
1.4 Financial Contributions will be dealt with in conjunction with third parties whose own terms and conditions may apply in relation to any transaction or attempted transaction, namely :
1.4.1 Wepay, whose full terms and conditions can be found on their website https://go.wepay.com/terms-of-service-us
Users will be subject to the relevant terms and conditions when making Contributions. Should Users have any queries in relation to Wepay (together the “Payment Partners”) terms and conditions they should contact them directly.
1.5 We may also offer additional services in the future that may include auctions and ‘last minute’ promotions. These will be governed by separate terms and conditions that can be found at Section E.
1.6 Other than as mentioned above, we do not have any involvement in any arrangements Users make with each other through the Website. We therefore do not accept any responsibility for the nature or quality of a Campaign’s performance or any Rewards nor do we promise that any User, whether Athlete, Sponsor or Partner will do as they promise. The arrangements you make are solely private and the contracts relating to Campaigns, Contributions and Rewards are made directly between the individual parties concerned. Accordingly, when using the Website, you take full responsibility for your arrangements with other Users whom you contract and the nature, terms and extent of your arrangements with them and obligations to them.
1.7 We do not verify the identity of anyone who becomes a User nor the information they provide about their Campaign, the Rewards offered or themselves. We cannot therefore give any guarantee that any of the Users are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any User or their Campaigns.
1.8 Sponsors may be granted certain rights under the Consumer Contracts Regulations. Should any such rights arise they are between the Athlete and the Sponsor and not between any User and SponsorFrenzy.
2.1 Creating and updating Campaigns
2.1.1 Once you have registered as a User, you can create and post details of your Campaign to a publicly accessible webpage on the Website using the Platform we provide.
2.1.2 All Campaigns posted on the Website must be a Sports Campaign. Before a Campaign becomes ‘live’ you will need to provide the following information :
- (a) description of the Campaign;
- (b) the Finance Goal;
- (c) the Fundraising Period;
- (d) any Rewards offered;
Once the information is provided SponsorFrenzy may investigate the viability, feasibility and authenticity of a proposed Campaign and decide if it will be placed on the Website. SponsorFrenzy retains the right to refuse a Campaign for any reason with no right of appeal from the User.
2.1.3 You may not raise funds via another online crowdsponsoring / crowdfunding or similar platform (whether website or mobile app) during the Fundraising Period of your Campaign and all Contributions from Users must be made via the Website.
2.1.4 Although we recommend you have no more than one active Campaign at any one time, we permit you to post as many active Campaigns as you like.
2.1.5 There is no limit on the Finance Goal you select for each Campaign. If you are a Business that is registered for Tax, please take this into account when calculating the Finance Goal for your Campaign.
2.1.6 Once you have submitted your Campaign details and it has been accepted by SponsorFrenzy you may not modify any of the content other than to correct mistakes.
2.1.7 We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend a Campaign at any time and for any reason. This applies in particular but without limitation, to Campaigns or Contributions that are flagged to us as fraudulent by Sponsors, Partners or any other third parties. If we find fraudulent Contributions have been made to your Campaign, we may cancel those Contributions and the details of the associated Sponsor from your Campaign Page. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We, or our payment providers, may also perform an examination before any funds are distributed to you. We may also notify matters of concern to the police or other relevant authorities without notice. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this Clause 2.1.7.
2.1.8 If your Campaign does not reach its Finance Goal by the end of the Fundraising Period all Contributions will lapse and be refunded. However, you may choose to recreate your Campaign and repost it for submission.
2.2 Offering Rewards
2.2.1 You can choose whether or not to limit the number of Rewards you offer for each Contribution amount.
2.2.2 You must have all the permissions, consents and licences that are necessary to offer all Rewards relating your Campaign before you offer them on your Campaign Page.
2.3 Fees payable by Athletes and receiving funds.
2.3.1 If your Campaign reaches or exceeds your Finance Goal at the end of its Fundraising Period a Commission of 12% (plus any applicable Taxes) will be deducted by SponsorFrenzy from the Contributions received from Sponsors for your Campaign before they are distributed to you. SponsorFrenzy will provide an appropriate invoice setting out the Commission and any applicable Tax.
2.3.2 A fee is payable to Wepay which is applied directly by them when a Contribution is being made.
2.3.3 Fees payable by Athletes may be subject to Tax at the rate in force from time to time. You are solely responsible for ensuring that you are registered and responsible for paying any Tax as required by the applicable laws of the jurisdiction in which you are, or your Business is, liable to pay such Tax.
2.3.4 If applicable, following an email confirming that the Contributions meet or exceed the Finance Goal, at the end of the Fundraising Period the amounts due to Athletes, calculated in accordance with this Clause 2 of Section B, will be transferred to the Athlete. By using the Payment Partners the Sponsor accepts that they will be bound by their terms and conditions, links to which can be found in Clause 1.4 of this Section B.
2.3.5 Please note that the above timescales are estimates only and there may be a delay between the end of the Fundraising Period for a successful Campaign and your access to any funds.
2.4.1 Sponsors may fail to fulfil payment of Contributions and you acknowledge that their payment of Contributions is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability under any circumstances to any Athlete for their failure to receive any funds pledged by Sponsors in relation to their Campaign via the Website/Platform.
2.4.2 In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel or refund any Contributions or other amounts without giving any notice to you and do so without incurring any liability to you.
2.4.3 Athlete may contact SponsorFrenzy to cancel any Contribution for any reason and at any time before the Fundraising Period ends and shall not be required to fulfil any related Rewards if they do so.
2.4.4 If your Campaign does not reach its Finance Goal by the end of the Fundraising Period, any Contributions made by Sponsors for the Campaign will be cancelled and you will not be entitled to receive any funds in respect of them.
2.4.5 A Sponsor may request a refund from a Payment Partner at any time during the Fundraising Period by emailing firstname.lastname@example.org
. Should this happen the Athlete will not be entitled to receive any funds from the Sponsor.
2.5 Athletes’ Obligations
2.5.1 As a Campaign creator, you shall:
- (a) apply any Contributions you receive from Sponsors solely and directly for the purposes of achieving the Campaign and use them for no other purposes;
- (b) provide SponsorFrenzy, Sponsors, Partners or any other third party (as requested by us) with an invoice for the receipt of any Contributions;
- (c) meet all commitments you make in your Campaign including, but not limited to, delivering all Rewards you offer to Sponsors;
- (d) use all reasonable endeavours to fulfil each Reward by the estimated fulfilment or delivery date (as applicable) specified by you on the applicable Campaign Page;
- (e) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us, our Partners and/or any Sponsor;
- (f) promptly and accurately update us, our Partners and/or any Sponsor (as requested) with how the Contributions have been applied in the format and level of detail prescribed by us;
- (g) not use any personal information we share with you in connection with a Sponsor for any reason other than fulfilling a Reward or contacting them in relation to the Campaign for which they have made a Contribution;
- (h) promptly contact and work with Sponsors to reach a mutually satisfactory resolution, which may include refunding their Contributions if you are unable to fulfil any of your commitments (including providing any Rewards);
- (i) comply with all applicable laws and regulations in relation to your Campaign, your use of Contributions and offer of and fulfilment of Rewards;
- (h) be responsible for paying all fees and collecting and remitting all applicable Taxes connected with your use of the Website, the Contributions you receive and the Rewards you offer;and
- (i) not take (or refrain from taking) any action or make any business or other decision in reliance on having your Campaign posted on the Website or on having any funds from Contributions until you have the received clear funds into your bank account;
3.1 Types of contribution
3.1.1 Sponsors can contribute to a Campaign by :
- (a) making a Contribution;and/or
- (b) becoming a Partner and offering Rewards to a Athlete which will be arranged by SponsorFrenzy in accordance with Clause 1.3 above.
3.1.2 You acknowledge that your Contribution (whether financial or otherwise) does not entitle you to any rights in, or to, any Campaign, including any ownership, control or intellectual property rights.
3.2 Making a Contribution
3.2.1 Once you have registered as a User, you can make a Contribution by visiting the Campaign Page, selecting the amount you wish to contribute and the Reward you would like to receive then selecting your payment method and submitting payment.
3.2.2 If you would like to make Contributions in relation to large numbers of Campaigns, please contact us by email before doing so.
3.2.3 Your username will be made publicly available in connection with each Campaign for which you make a Contribution unless you choose to make a Contribution anonymously.
3.3.1 You may make a Contribution without receiving a Reward.
3.3.2 Once you have made a Contribution, you cannot change your selected Reward without cancelling your Contribution.
3.4 Cancelling a Contribution and Refunds
3.4.1 You may cancel a Contribution without charge at any time before the end of the Fundraising Period for a Campaign, whether it has reached its Finance Goal or not. If you do so, you will not be eligible to receive any Rewards in relation to your Contribution.
3.4.2 If a Campaign for which you have made a Contribution is not deemed funded by the end of the Fundraising Period, your Contribution will be cancelled automatically.
3.4.3 You may not cancel your Contribution once a Campaign’s Fundraising Period has ended if at the end of that period the Campaign is deemed funded. This does not affect your statutory or legal rights.
3.5 Sponsors’ Obligations
3.5.1 As a Sponsor, you shall :
- (a) ensure that you have sufficient funds or credit available at the end of the Fundraising Period of the applicable Campaign for payment of the Contribution;
- (b) promptly respond to a Athlete following a request for information reasonably required by the Athlete to fulfil a Reward that you have chosen at the time you made your Contribution;
- (c) (a) comply with the terms and conditions for the payment processing services;and
- (d) ensure that any funds used to make Contributions will not result in a breach of applicable law.
4. Other important terms
4.1 The contract between Athletes and Sponsors
4.1.1 The contract relating to the provision of funds from Contributions and the fulfilment of Rewards is made solely between a Athlete and Sponsor, subject always to these Terms. By making a Contribution, a Sponsor is making an offer to enter into a contract with the applicable Athlete provided that the Athlete is deemed funded at the end of the Funding Period.
4.1.2 The following steps have to take place before a contract is made between the Sponsor and the Athlete:
- (a) after signing into their account the Sponsor makes a Contribution by submitting their payment details for processing. Before making their Contribution, the Sponsor will have the opportunity to review the Contribution amount and any related Reward and, if necessary, to amend these details;and
- (b) the Sponsor will see an on-screen acknowledgement of their Contribution and receive an email confirming details of the Contribution made, to the email address provided by the Sponsor.
4.1.3 The Athlete accepts the Sponsor’s offer, and a binding contract is made between them, at the time the Fundraising Period ends and the Campaign is deemed funded, or if the total Contributions are equal to or exceed the Finance Target. Accordingly, nothing that we or the Athlete says or does will amount to any acceptance of a Sponsor’s offer until this occurs.
4.2 Publication and sharing of personal information relating to Sponsors with Athletes.
4.3.2 For some Rewards, a Athlete may need further information from the Sponsors, (e.g. clothing sizes). The Athlete shall request such information directly from a Sponsor after the end of the Fundraising Period for the relevant successful Campaign.
Section C : Terms that apply to all Users
1. How the content provided by Users is used
1.1 The rules of the Website forums
1.1.1 The following rules apply to your use of the forum features contained on the Website:
- (a) any content which you and other Users post or contribute to the Website, including all information on the Campaign Page, is generally known as “user generated content” (“UGC”);and
- (b) we want Users to make full use of the Website and in particular to participate in the Website forums (including any Campaign Page). However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these Terms.
1.1.2 You agree to ensure that :
- (a) you only contribute UGC to the Website if you know that you have the necessary rights to do so.
By contributing UGC to the Website, whether text, images, video, sound recordings or other material, you are promising to us and to other Users that:
(i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through the Website in accordance with these Terms and permit its use via the Website and in our newsletters and that such permissions are freely available on demand by us should we require;and
(ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to the Website
- (b) all information provided by you via the Website or which you provide to other Users or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way;
- (c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
- (d) you will use the Website and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
- (e) you will not harass or mislead or act unlawfully towards any person that you have contacted via the Website or disclose or use any contact information that they may provide to you without their consent;
- (f) you will cease to contact anyone that you have contacted via the Website immediately if they request you to do so;and
- (g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through the Website and to permit use of such content and image by any third parties we may authorise under these Terms. In the case of children, you will need to obtain prior permission to use their image from their parents or guardians.
1.1.3 You may not:
- (a) distribute or post spam, in particular by sending unsolicited marketing messages to other Users, or distribute or post chain letters, or pyramid schemes ;
- (b) distribute viruses or any other technologies that may harm the Website or the interests of Users of the Website or Users or otherwise interfere with or disrupt our servers ;
- (c) post or transmit any advertisements for or solicitations of business ;
- (d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed ;
- (e) except as permitted under these Terms, copy, modify, or distribute our content or Trademarks from the Website or Users’ copyright material and trademarks or any content or Trademarks owned by a third party unless you have their explicit permission ;
- (f) harvest or otherwise collect or use information about Users without their explicit consent ;
- (g) impersonate another User or falsely state or otherwise misrepresent your affiliation with a person or entity ;
- (h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Users ;
- (i) continue to use the Website if your access to the Website has been suspended or your account terminated ;
- (j) post any abusive, offensive, obscene, defamatory, unlawful or otherwise inappropriate content (“Inappropriate Content”); or
- (k) engage in any other conduct that restricts or inhibits any other persons from using or enjoying the Website, or which, in our judgment, exposes us to any liability or detriment of any type.
1.1.4 Please note that any posting of information or sending of internal messages on or via the Website is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.
1.2 Who can use your UGC and how they can use it
When you contribute UGC to the Website :
- (a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to :
- i. make all or any part of your UGC available through the Website to other Users of the Website;
- ii. include certain UGC in our newsletters;
- iii. allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications;and
- iv. allow third parties to link to pages on the Website which contain your UGC
- (b) you are granting to every other User of the Website unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC.
1.3 Monitoring your UGC
1.3.1 We are not involved in any arrangements made between Users. Any postings on the Website and the uploading of any photos, pictures, videos, animations or other audio-visual material to the Website by Users does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety.
1.3.2 Please note that any information posted via the functionality available on the Website is the opinion of the person posting only and, although we have rules for the posting of content, our interactive features are susceptible to misuse. As such you accept that if you do rely on the information posted, you do so at your own risk.
2. Exchanging personal information with other users
2.1 Disclosing personal information
2.1.1 Please be careful when using the Website and any community facilities that you do not reveal any information from which you can be personally identified by other Users such as your home or work contact details, your last name or where you live except in accordance with these Terms and where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
2.2 Receiving personal information
2.2.1 If you wish to make a complaint about any issue regarding personal information please contact us immediately.
3. Misuse of the Website
3.1 We may (but are not obliged to) monitor the use of the Website and its forums from time to time, however, we still rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through the Website please contact us.
3.2 We reserve the right (but we are not obliged) to do any or all of the following :
- (a) record the content (including any communications) on the Website community or in our communication systems;
- (b) investigate a claim that any one or more items of content do not comply with these Terms and determine in our sole discretion to remove or request the removal of the content;
- (c) remove without notice any Inappropriate Content;
- (d) terminate a User's access to post content;
- (e) monitor, edit, or disclose any content;
- (f) edit or remove any content posted on the Website, regardless of whether such content breaches these Terms;and/or
- (g) suspend or terminate your access to the Website.
3.3 If you disagree with a decision made by us, you should email your appeal to us. You must not use the Website or its forums to dispute or argue about any decision we make.
3.4 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all User accounts that may have been used by a User.
4. Disputes between Users
4.1 We are under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Website. This includes, but is not limited to, the fulfilment of Rewards and Services, and any other terms, conditions, warranties, or representations associated with Campaigns on the Website. We do not monitor and are not liable to you for the performance or punctuality of Campaigns nor do we endorse them.
4.2 We will co-operate to the extent practicable with any law enforcement authorities in any investigations arising out of your dispute with another User.
Section D : General provisions
1. Our content
1.1 All of the content on the Website is owned by (and all copyright, Trademark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by U.S. and international copyright and other intellectual property laws.
1.2 Our content includes any information or other material found on or via the Website, including without limitation text, databases, graphics, videos, software and all other features found on or via the Website.
1.3 We make the Website, our content and any UGC available through the Website for your personal, non-commercial use only (other than with our express consent or as part of the Services we may provide to you). You may view the Website’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Website without our prior written consent.
1.4 To be clear, you are not in any circumstances permitted to :
1.4.1 make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Campaign and/or your Business (if applicable unless we give you express consent or as part of the Services we may provide to you);
1.4.2 edit any such content;or
1.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
1.5 The Trademarks, logos and brands appearing on the Website are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
2. Third-party / Third-software
2.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on the Website. This software will be clearly identified on the Website.
2.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
2.3 SponsorFrenzy may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. SponsorFrenzy does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that SponsorFrenzy is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
3.1 You acknowledge that the Website may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
3.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
3.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
3.5 You may only link to the Website provided that :
3.5.1 the homepage is not loaded into frames on your website, unless we expressly agree;
3.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;and
3.5.3 we reserve the right to withdraw linking permission at any time without prior notice.
4. Promises, liability and disclaimer
4.1 We promise that we will operate the Website with reasonable skill and care. Otherwise, the content and Services available on the Website are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this Clause 4.1 and Clause 4.3 of this section, we disclaim any and all promises, warranties, conditions, or representations relating to the Website and its content, whether express, implied, oral or written. In particular :
4.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Website and you should not rely on it being accurate, truthful or complete.
4.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto the Website.
4.1.3 Any posting of comments or information on the Website is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each User acts on his/her own behalf at all times and does not act as our representative or agent in any way.
4.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the Payment Partners' online payment processing services.
4.1.5 You agree that your access to and use of the Website and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on the Website is used. The content and information that we make available on the Website is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Website or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Website.
4.1.6 By using the Website you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Website, response times to view, verify or transfer information and the risks inherent in all third party links, connections and transfers via the internet. Accordingly :
- (a) we do not make any promises about the availability or accessibility of the Website or promise that your access to the Website, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
- (b) we are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on the Website. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Website and we strongly recommend that you do so;
- (c) we make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;and
- (d) whilst we hope that you will find the websites linked to on the Website of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
4.2 If you are dealing with us and Athletes as a consumer, you may have certain rights, including in relation to the Rewards that you receive from Athletes. Nothing in these Terms will reduce these legal rights.
4.3 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following :
4.3.1 for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or
4.3.2 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
4.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control.
4.5 Subject to clause 4.3 :
4.5.1 IF YOU ARE A CONSUMER
THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND
4.5.2 IF YOU ARE AN ATHLETE OR SPONSOR
THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR :
- (a) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); OR
- (b) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS,
IN EACH CASE FOR (a) AND (b), HOWEVER ARISING; AND
- (c) ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE CAMPAIGN TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF $100.
5.1 You agree only to use the Website in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to the Website or any actions you take which disrupt access to and/or the functioning of the Website) or any liability we incur as a result of the use of the Website by you and any other person that uses your account with your permission or as a result of your negligence.
6. Copyright complaints
6.1 We respect the intellectual property rights of others, and we prohibit Users of the Website from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
6.2 Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the SponsorFrenzy logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of SponsorFrenzy or its licensors or users and are protected by U.S. and international copyright laws.
6.3 You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of SponsorFrenzy, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
6.4 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us immediately at email@example.com
6.5 Additionally, it is our policy to terminate usage rights and any applicable accounts of Users we determine to be repeat infringers of others’ copyrights.
6.6 Content hosted on third-party websites accessible from the Website is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
7. Repeat Infringer Policy
7.1 In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, SponsorFrenzy has adopted a policy of terminating, in appropriate circumstances and at SponsorFrenzy's sole discretion, account holders who are deemed to be repeat infringers. SponsorFrenzy may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. Written communications
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).
9.2 Entire Agreement. These Terms, together with any additional terms provided for the services described in Clause 1.5 of Section B, govern our relationship with you and represent our entire agreement with you.
9.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
9.4 References to any words in the singular shall include a reference in the plural (and visa versa).
9.5 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
9.6 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.7 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
9.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
9.9 These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Nevada, applicable to agreements made and to be entirely performed within the State of Nevada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Clark County, Nevada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
10. Changes to these Terms and to the Website
10.1 We may make changes to these Terms by posting a copy of them on the Website. Any changes will take effect seven days after the date on which we post the modified terms on the Website, whichever is the earlier. If you continue to use the Website after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using the Website.
10.2 We reserve the right to change, suspend or discontinue the Website and/or the Service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of the Website without notice to you and without incurring any liability.
11. Contact us
11.1 The Website is owned by SponsorFrenzy LLC, a company incorporated in Las Vegas, NEVADA USA. Our email contact is firstname.lastname@example.org