Last Updated: 2021-05-19

Fnatic Group | Website Terms & Conditions

Definitions & Interpretation

Fnatic means (a) Fnatic Ltd, whose registered office is 2 Ebor Street, London, E1 6AW, United Kingdom. Fnatic Ltd is registered in England & Wales with company registration number 07805670; and (b) any other company ultimately owned and controlled by Sannpa Ltd

Privacy Policy means the Fnatic Group privacy policy, located at http://fnatic.com/privacy

Site means all content and features comprising the website hosted at fnatic.com (provided such content is owned and operated by Fnatic Ltd)

Terms means these terms and conditions (as may be updated from time to time)

User Generated Content means any form of content (such as images, videos, text, or audio) that You post on the Site

we and our means Fnatic

you means the user or viewer of the Site (and your and yours shall be construed accordingly)

Introduction

Welcome to Fnatic.com.

These Terms apply when you view or use the Site. Please review these Terms carefully. By using the Site (or any part of it), you signify your agreement to these Terms. If you do not agree to these Terms, you may not access or use the Site.

For contractual purposes, you agree that these Terms, agreements, notices, disclosures, and other communications that the Site provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Privacy

Our Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to the Privacy Policy.

Accounts and Age Restriction

Fnatic may provide users with the opportunity to create a personalised account on the Site, accessible through a unique email address and password.

In setting up your account on the Site, you are advised to use a strong password. A good way to create strong, memorable passwords is by using 3 random words. Use numbers and symbols together with your random words to make your password harder to discover.

You must notify us immediately of any unauthorised use of your password and/or account. The Site will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your email address, password and/or account.

We take our responsibilities to children and young people seriously.  You must be at least 13 years old to use the Site.  Please contact us if you learn that a minor for whom you are responsible has provided us with personal information without your consent.

Avoiding harm

In using the Site, you agree that you will not do anything which would cause harm to the rights or interests of Fnatic or another person.  Examples of things that would cause harm include:

  • posting any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously or otherwise objectionable, offensive or malicious
  • using the Site for any unlawful purpose or for the promotion of illegal activities
  • using another user’s account without permission
  • provide false or inaccurate information when registering an account
  • interfering or attempt to interfere with the proper functioning of the Site
  • make any automated use of the Site, or take any action that might impose an unreasonable or disproportionately large load on our servers or network infrastructure
  • failing to take care of your own system security, such that you create a risk that the Site may be affected by viruses or other malicious code
  • using any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data

User Generated Content

You are solely responsible for the User Generated Content that you post, upload, link to or otherwise make available via the Site.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Generated Content.  We do not, and cannot, pre-screen or monitor User Generated Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.

By transmitting and submitting any User Generated Content while using the Site, you agree as follows:

  • you will comply with our Social and Community Policy (see https://fnatic.com/policy/socialpolicy/)
  • you will comply with our Fan Art Policy (see https://www.fnatic.com/policy/artpolicy)
  • you are solely responsible for your account and the activity that occurs while signed in to or while using your account
  • you will not post information that is malicious, false or inaccurate
  • you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content

We have the right to determine whether any of your User Generated Content submissions are appropriate and comply with these Terms.  We can remove any and/or all of your submissions, and terminate your account with or without prior notice.  You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Generated Content that you make available or access through your use of the Site is solely your responsibility.  Fnatic is not responsible for any public display or misuse of your User Generated Content.

If you become aware that any User Generated Content posted on the Site violates your rights, please contact legal@fnatic.com using the subject heading ‘UGC Takedown Request’.  For more information regarding your rights as an intellectual property owner, see ‘IP’, below.

Content disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Fnatic does not guarantee the accuracy, completeness, or usefulness of any information on the Site. The Site does not adopt or endorse, nor is the Site responsible for, the accuracy or reliability of any opinion, advice, or statement made available on the Site.  The Site takes no responsibility and assumes no liability for any User Generated Content.  Under no circumstances will the Site be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.

You may be exposed to User Generated Content that is inaccurate or objectionable. The Site reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

The Site shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorised use may result in criminal and/or civil prosecution under the laws and regulations which apply to you.

Third party sites, software and applications

As part of the Site, we may provide you with convenient links to third party website(s) (Third Party Sites) as well as content or items belonging to or originating from third parties (the Third Party Applications, Software or Content).

The Site has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or Sites available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Site, and the Site is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Site.

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

IP

Fnatic respects the intellectual property rights of others and requests that you do the same. The Site may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

If you are an owner (or a legally authorised agent of an owner) of intellectual property and believe, in good faith, that any materials provided on the Site infringe upon your rights, you may submit a notification by sending the following information in writing to the Site’s designated copyright agent at legal@fnatic.com, including the following information:

  • the date on which you became aware of the potential infringement
  • a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed
  • a description of the right claimed to have been infringed, or, if multiple rights at a single online site are covered by a single notification, a representative list of such works at that site
  • a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed

If you believe that your User Generated Content that has been removed from the Site is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Generated Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  • your physical or electronic signature
  • a description of the content that has been removed and the location at which the content appeared before it was removed
  • a statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content
  • your name, address, telephone number, and email address
  • a statement that you consent to the jurisdiction of England & Wales and a statement that you will accept service of process from the person who provided notification of the alleged infringement

If a counter-notice is received by the Site copyright agent, the Site may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Site’s discretion) be reinstated on the Site.

License

Without prejudice to the Fan Art Policy (the terms of which shall prevail over these Terms), by posting any User Generated Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Site a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Generated Content and your name, voice, and/or likeness as contained in your User Generated Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Warranty disclaimer

The Site, is provided “as is” without warranty of any kind. Without limiting the foregoing, the site expressly disclaims all warranties, whether express, implied or statutory, regarding the Site including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the site makes no warranty or representation that access to or operation of the Site will be uninterrupted or error free. you assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Site. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

To the maximum extent permitted by applicable law, in no event shall the Site, Fnatic and its affiliates (and their respective directors, officers and employees) or Fnatic’s licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of User Generated Content; (b) your use or inability to use the Site; (c) the Site generally or the software or systems that make the Site available; or (d) any other interactions with the site or any other user of the Site, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the site has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more users when using the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Changes

We can amend these Terms at any time. It is your sole responsibility to check the Site from time to time to view any such changes in the Terms. If you continue to use the Site, you signify your agreement to these Terms (as amended) each time you access the Site.

We will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Site’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Site. No purported waiver or modification of this Agreement by the Site via telephonic or email communications shall be valid.

Other

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Fnatic to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.

Our rights under this Agreement will survive any termination of this Agreement.  You agree that any cause of action related to or arising out of your relationship with the Site must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. The Site may assign or delegate these Terms, the Privacy Policy and the Fan Art Policy, in whole or in part, to any person or entity at any time with or without your consent.  You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Site’s prior written consent, and any unauthorised assignment and delegation by you is void.

You acknowledge that you have read these Terms, understand these Terms, and are bound by these Terms.  You further acknowledge that these Terms (together with the Privacy Policy, the Fan Art Policy and the Social and Community Policy) represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the Site.

These Terms, and your relationship with the Site and Fnatic under the Terms, shall be governed by English law.  You agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Site shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Our reference: PLCY-210519-L.AC-Website Terms and Conditions-1
Last amended: 19 May 2021