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Last revised on July 12, 2023
Fanwelt is an application that provides users with the opportunity to play fantasy sports, purchase, collect, and showcase digital blockchain collectibles. Fabwelt Studios Ltd. (“Operator”) is making the App available to you. Before you use the App, however, you will need to agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, these “Terms”). Please read these terms carefully before using the app. These terms govern your use of the app unless we have executed a separate written agreement with you for that purpose. We are only willing to make the app available to you if you accept all these terms. By using the app or any part of it, or by clicking “I Accept” below or indicating your acceptance in an adjoining box, you are confirming that you understand and agree to be bound by all these terms. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the legal authority to accept these terms on that entity’s behalf, in which case “you” will mean that entity. If you do not have such authority, or if you do not accept all these terms, then we are unwilling to make the app available to you. If you do not agree to these terms, you may not access or use the app.
Residents of the Restricted Territories may only participate in the Free Fantasy Sports Rooms. The above restrictions also apply to players from other countries where it is not legal to engage in fantasy sports. It is the responsibility of individuals to determine if using the app is legal or not legal within their respective jurisdiction or country. In case the use of the app would violate laws within your jurisdiction, then it is the player’s responsibility to not use the app. The Operator acknowledges that as most of the players play for pure entertainment purposes, we encourage players to follow the responsible play.
WITHOUT LIMITING THE FOREGOING, AND WITHOUT EXCEPTION, ALL PROSPECTIVE USERS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR EVALUATING IF USE OF THIS FANWELT OFFERING IS NOT PROHIBITED BY ANY LAW APPLICABLE TO THAT PROSPECTIVE USER’S RESIDENT JURISDICTION.
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
BY USING THE APP OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS.
Any changes to these Terms will be in effect as of the “Last Updated Date” referred to at the top of this page. You should review these Terms before using the App or purchasing any product or using any services that are available through this App
Your continued use of this App after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
By using this App, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using this App on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. The words “User”, “you” and “your” as used in these Terms & Conditions will refer to and apply to
You may not use this App if you:
FABWELT STUDIOS LTD., together with its holding companies, subsidiaries, and affiliates (hereinafter referred to as “us”, “we” and/or “Company”) welcomes you to Fanwelt (the “Site”) and the to the Fanwelt Mobile Application (“App”). “Fanwelt” shall collectively mean the Site and the App. These are the Terms & Conditions (the “Terms & Conditions”) that govern your (“User”) access to, and use of Fanwelt.
The ability to participate in Rooms or games made available to the User by Fanwelt (each, a “Room”), is only intended for, and directed to, residents of jurisdictions where the Room and accessing Fanwelt is lawful and such residents have attained the age of majority within such jurisdictions.
By accessing and using Fanwelt every time, the User signifies that they have read, fully understand, and agree to be legally bound by these Terms & Conditions, including without limitation that the User will comply with all applicable laws, regulations, Room rules (for example, if the User enters or otherwise participates in Rooms made available to the User via Fanwelt) (the “Applicable Room Rules”).
We suggest the User print a copy of these Terms & Conditions for their records.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of these Terms & Conditions at any time without incurring any liability or obligation whatsoever to the User or any other person or entity. If we do this, we will indicate at the top of this page the date these Terms & Conditions were last revised.
The User hereby acknowledges and agrees that we reserve the right at any time to modify or discontinue the whole, or any part of, Fanwelt, without notice, and that we will not be responsible or liable, directly, or indirectly, to the User or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
Further, the Company may in its sole discretion, in relation to Fanwelt:
Revise or make additions and/or deletions to the roster of players available for selection in a Room on account of revisions to the roster of players involved in the relevant Sports Event (as defined below); and
To access and use certain features of the services, Fanwelt and the Rooms the User shall be required to link a wallet. When the User links a wallet, the User agrees to: provide accurate, current and complete information about oneself as may be prompted (“Registration Data”); maintain the security of the password and identification; and maintain and promptly update the Registration Data to keep it accurate, current and complete. The User shall be responsible for making sure that the password is secure and safe, and the User accepts all responsibility for any activity that occurs through the User’s account, with or without their knowledge. The User agrees that they will not do anything that might jeopardize the security of their account, including sharing their password with or logging in through unauthorized third-party applications or clients. If the User uses any such third-party applications or clients, the User acknowledges and agrees that we will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of the User’s account information or messages. We may need to contact the User about the use of Fanwelt and/or the Rooms. These communications are part of the Services, and the User may not opt-out from receiving them. When registering with us (or a third party) to use any such features and/or portions of the Fanwelt, the User agrees:
In the event that the User does not provide or update such information, or we have reasonable grounds to suspect that the User has not provided or updated such information, we shall have the right, in our sole and absolute discretion, to prevent the User from using Fanwelt, or any features and/or portions of Fanwelt. As noted above, the User may also be permitted to access or use certain features and/or portions of Fanwelt via personal account(s) with third parties (for example, personal social media accounts). It is the User’s sole responsibility to keep password(s) confidential and secure. The User’s account(s), username(s) and password(s) are personal to such User and may not be shared with or transferred to any other person. We are not responsible for the User’s failure to comply with this clause, or for any delay in shutting down such a user’s account after a breach of security has been disclosed to us. The Users are solely responsible for any and all activities which occur in connection with their user account.
The User shall be required to provide their:
to create an account for the purposes of participating in Rooms as listed on Fanwelt. In order to participate in paid Rooms, the User shall be required to top-up funds into their wallet with WELT tokens on Fanwelt from time to time.
By entering or otherwise participating in any Room, the User agrees to be legally bound by the Applicable Room Rules. The User is solely responsible for ensuring that participation in any Room is compliant with all applicable laws, regulations, and Applicable Room Rules.
Certain features and/or portions of Fanwelt may (or may in the future) permit the User to upload, post, stream, make available or otherwise submit content (including without limitation in connection with Rooms made available to the User via Fanwelt) (the “User Content”). By using any such features and/or portions of Fanwelt and submitting User Content, the User gives the Company permission to use such User Content through Fanwelt in perpetuity and for no additional fee. Without limiting the generality of the foregoing, by using Fanwelt and providing User Content, the User hereby: (i) grants to Company a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, publish, communicate to the public by telecommunication, make available, edit, modify, translate, create compilations and derivative works from, and otherwise use (collectively, to “Use”) any and all User Content (in any format or media) that the User posts on, uploads or otherwise submits to or through, Fanwelt for any purpose; (ii) grant to each user of Fanwelt a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to Use any and all User Content (in any format or media) that the User posts on, uploads or otherwise submits to or through, Fanwelt via any functionality that may be available on Fanwelt; and (iii) waive all moral rights in and to all User Content that User posts on, uploads or otherwise submits to or through, Fanwelt in favour of Company (and any third party authorized by Company to use such User Content, including without limitation the Users). For greater certainty, this means that, among other things, the Company has the right to use any and all ideas the User submits (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to the User whatsoever.
Further, the User agrees that we can use such User Content without any restriction or compensation to the User. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the Company, or obtained from sources other than the User.
Acceptance of a prize by the Winner constitutes permission for the Company, and its affiliates to use the User’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consent and/or additional compensation whatsoever.
The Winners further undertake that they will be available for promotional purposes as planned and desired by the Company without any charge. The exact dates remain the sole discretion of the Company. Promotional activities may include but not be limited to press events, internal meetings, and ceremonies/functions.
In respect of User Content:
Fanwelt (excluding User Content) consists of various graphics, artwork, multimedia, texts, icons, buttons, plug-ins, programming, technology, databases, domain names, inventions, specifications, designs, logos, service marks, trade dress, trade names, trademarks, brand names, know-how, processes, techniques, trade secrets and other content that have been made available by Company or other entities with our permission (collectively, the “Fanwelt Content”). All Fanwelt Content is owned by the Company and/or the applicable third party entity. For greater certainty, Company and applicable third party entities hold all right, title, and interest in and to any and all Fanwelt Content made available on Fanwelt. The User hereby acknowledges that Fanwelt Content is protected by intellectual property laws (including without limitation copyright, trade-mark, patents and trade secrets) and other applicable contractual, proprietary and economic rights. The User’s use of Fanwelt does not grant or transfer to the User any ownership in or to Fanwelt Content, and except as expressly provided, nothing herein or within Fanwelt shall be construed as conferring on the User or any other person any license to use any of Company or any rights in or to Fanwelt Content, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Fanwelt Content in any manner whatsoever. Any rights not expressly granted to the User (including without limitation in respect of Fanwelt Content) in these Terms & Conditions are expressly reserved by Company (or applicable third party entities). For greater certainty, the User agrees that they will not take any action that is inconsistent with the Company’s ownership of Fanwelt and/or Company’s (or applicable third party entities’) ownership of any Fanwelt Content. Without limiting the generality of the foregoing, User shall be entitled to copy Fanwelt Content contained within Fanwelt only for their own non-commercial use, but may not republish or reproduce any such Fanwelt Content in any manner without the prior written consent of the Company.
The company hereby grants each User of Fanwelt a limited, non-exclusive and revocable license to make non-commercial use of Fanwelt and Fanwelt Content. For greater certainty, this limited license only allows the User to view, download or print materials from Fanwelt only for its own non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce, republish, retransmit, alter, edit, or otherwise use, in any form, any content contained within Fanwelt.
Without limiting the generality of the foregoing, the username provided to the User at the time of registration remains the Company’s sole and exclusive property and Company reserves the right to revoke and re-assign a username for any reason (including without limitation if a username is generally associated with another high-profile user, as determined by Company in its sole and absolute discretion) without liability or other obligation to the User.
Users that possess the requisite technology shall have the opportunity to view certain sports-related and other media (downloaded, streaming or samples), statistics, software, text, images, graphics, user interfaces, audio, trademarks, logos, artwork, Feedback (as defined below) and other content made available by and through the Site (collectively, “Content”) as compiled, distributed and displayed by Fanwelt, as well as Users and third party services/entities (collectively, “Third Party Providers”) that provide sports-related news and information by and through the Site via updated news feeds. The Content should not necessarily be relied upon. The Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. You may find certain Content to be harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
To the extent permissible by applicable law, you understand and agree that Fanwelt will not be responsible for, and Fanwelt undertakes no responsibility to monitor, or otherwise police, the Content. To the extent permissible by applicable law, you agree that Fanwelt shall have no obligation and incur no liability to you in connection with any Content.
By using Fanwelt and providing User Content, the User hereby acknowledges, agrees, warrants, and represents to Company (and any third party authorized by Company to use such User Content, including without limitation Fanwelt Users) that any and all User Content (in any format or media) posted on, uploaded to or otherwise submitted to or through, Fanwelt:
Without limiting the generality of the foregoing, the User also hereby acknowledges, agrees, warrants, and represents to Company that:
By using Fanwelt and participating in the Rooms therein, the User hereby agrees at all times to indemnify, defend and hold harmless Company, its affiliates, subsidiaries, each of their respective agents, employees, directors, officers, representatives, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to the User’s use of Fanwelt, User Content, participation in the Rooms and/or breach of these Terms & Conditions, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.
While the Company is under no legal obligation to actively screen or edit User Content, the Company reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a User to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
Fanwelt and all information contained on or accessed from Fanwelt is provided on an “as is” and “as available” basis, and without any representations, warranties, or conditions of any kind, whether express or implied. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise are hereby disclaimed to the fullest extent.
Without limiting the generality of the foregoing, the Releasees make no representation or warranty that: (i) Fanwelt will be compatible with the User’s computer and software; (ii) Fanwelt will be available or will function without interruption or error; (iii) the use of Fanwelt, including, without limitation, the browsing and downloading of any information, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from Fanwelt will be secure; (v) the use of Fanwelt will not infringe the rights (including, without limitation, intellectual property rights) of any person; or (vi) the use of Fanwelt will not cause any damage to the User’s computer systems, software or electronic files.
Comments or opinions expressed on Fanwelt are those of the respective Users only. The views expressed on Fanwelt and in User Content do not necessarily represent or reflect the views of the Company. The Releasees are not responsible for, and disclaim all liability in relation to, the User Content posted, uploaded, or otherwise submitted to or through Fanwelt.
Any products and/or services described on Fanwelt are offered in jurisdictions where they may be legally offered for sale. The information on Fanwelt is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
The Releasees will not under any circumstances be liable to the User or any other person or entity for any damages whatsoever arising from, connected with, or relating to Fanwelt. The User expressly acknowledges that the Company has entered into these Terms & Conditions with the User and makes Fanwelt available to the User, in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this section, and that the same forms an essential basis of the bargain between the User and the Company. The User expressly agrees that the limitations and exclusions of liability and the disclaimers set forth herein will survive and continue to apply in the case of a breach or breaches, the failure of the essential purpose of the contract, the failure of any exclusive remedy, or termination of these Terms & Conditions.
The User agrees to receive alerts and notifications from the Company in relation to Fanwelt. As part of the User’s use of Fanwelt, they may receive notifications relating to offers, discounts and general information via text messages, or by emails for the purpose of collecting feedback regarding our services. The User agrees to the receipt of these communications.
The User acknowledges that any SMS service provided by the Company is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event, the Users observe any error in the information provided in the alert, the Company shall be immediately informed about the same by the User and the Company will make the best possible efforts to rectify the error as early as possible. The User shall not hold us liable for any loss, damages, claim, or expense including legal costs that may be incurred/ suffered by the User on account of the facility.
The transmission of data or information over the internet or other forms of networks may not be secure and is subject to possible loss, interception, or alteration while in transit. The Releasees do not assume any liability for any damage the User may experience or costs the User may incur as a result of any electronic transmissions over the internet or otherwise within Fanwelt, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain the User’s personal information). In no event will the information the User provides on or through Fanwelt be deemed to be confidential, create any fiduciary obligations to the User on our part, or result in any liability to the User on the Company’s part in the event that such information is inadvertently released by us or accessed by third parties without the User’s consent. While every effort is made to ensure that all software provided on Fanwelt is suitable for use on a wide variety of computer systems, the User should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with the User’s specific computer system. The User should ensure that they have a complete and current backup of the information contained on their computer system prior to installing any such software.
Without limiting the generality of these Terms & Conditions, the User’s use, and access of Fanwelt is also subject to the terms of our Privacy Policy, which is deemed to be incorporated into and made part of these Terms & Conditions. Please carefully review our Privacy Policy. In addition to these Terms & Conditions, by using Fanwelt, the User signifies that the User has read, fully understands, and agrees to be legally bound by our Privacy Policy.
We are not responsible if information made available on Fanwelt is not accurate, complete, or current. The material on Fanwelt is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on Fanwelt is at the User’s own risk. Fanwelt may contain certain historical information. Historical information, necessarily, is not current and is provided for the Users reference only. We reserve the right to modify the contents of Fanwelt at any time, but we have no obligation to update any information on the same. The User agrees that it is their responsibility to monitor changes to Fanwelt.
Fanwelt may contain links to the websites of our subsidiaries and affiliates, and to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms & Conditions (including without limitation the Privacy Policy). The Company shall not be responsible for the privacy practices, or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and treat information collected differently, so we encourage the User to carefully read and review the privacy policy for each website visited. Any links from Fanwelt to other websites, or references to products, services, or publications other than those of Company, do not imply the endorsement or approval of such websites, products, services or publications by Company.
If any provision of these Terms & Conditions is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms & Conditions shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms & Conditions.
These Terms & Conditions are binding upon the User, their heirs, executors, beneficiaries, successors and assigns and the User may not assign these Terms & Conditions to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
The User agrees to provide such further documents or instruments, and take such further actions, reasonably requested by the Company to evidence, give effect to the purposes of these Terms & Conditions, and carry out its provisions.
The company may assign these Terms & Conditions in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to the User or their consent.
The use of Fanwelt by the User does not create any relationship between the User and the Company. The User has no right to bind the Company to any obligation, without the explicit written permission of the Company on its letterhead accompanied by the Company’s seal.
In the event, the Company is not able to perform any of its obligations or provide the User access to any services due to an act beyond its reasonable control including but not limited to flood, war, epidemic, cyclone, terrorist attack, any change of law by governments or business exigencies of the Company, the same shall be deemed to be a “Force Majeure” event, and the Company shall not be held liable for any failure to provide the whole or any part of its services to the User.
