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Terms and conditions

1. Terms

1.1 These Terms and Conditions (“Terms”, “Agreement”) are an agreement between SnapGoal Inc (“Fanera”, “Us”, “We” or “Our”) and you (“User”, “You” or “Your”). This Agreement sets forth the general terms and conditions of your use of the Fanera mobile application (“Mobile Application”), and the products or services available through the Mobile Application, or as otherwise provided by Fanera (the “Services”).

1.2 Fanera is a social community dedicated to football fans where they can connect and engage with each other, share content related to football, and monetize. Fanera takes its football community very seriously and uses its best efforts to ensure that no inappropriate or harmful content is uploaded by the users, taking strict action against those users which violate the any of the Policies or these Terms which are in place to ensure a safe and secure community.

1.3 These Terms refer to the following additional policies, which also apply to Your use of our Mobile Application:

  1. Privacy Policy available on [⦁] (“Privacy Policy”).
  2. Cookie Notice available on [⦁] (“Cookie Notice”).

1.4 The Mobile Application is a social platform designed to share football content created by a widespread football community of fans, influencers, players, and clubs.

1.5 The Mobile Application permits You to participate in online prediction features and collect reward-based points for loyalty and engagement with the Mobile Application. You may be eligible for prizes or awards from Fanera in accordance with the redemption terms and conditions.

2. Consent

2.1 A Your consent is required to use the Mobile Application. By selecting “I AGREE” to these Terms and the Privacy Policy, You shall be legally bound by these Terms, Privacy Policy, and Cookie Notice.

2.2 Fanera reserves the right, at its sole discretion, to change, modify, add, or remove any part of these Terms, at any time. In the event of any change to Our Terms or Privacy Policy, We shall notify You and You agree that no further approval will be required for the updated Terms and Privacy Policy.

2.3 By using the Mobile Application or the Services offered, You acknowledge that You have read and agree to be bound by these Terms. If You do not agree to abide by these Terms, You are not authorized to use or access the Mobile Application and its Services.

3. Accounts and Membership

3.1 You must be at least 18 years of age to use this Mobile Application. By using this Mobile Application and by agreeing to these Terms, You warrant and represent that You are at least 18 years of age. You are required to sign up through third-party accounts such as Facebook, Google, or Apple (the “Third-Party Accounts”). By connecting to the Mobile Application through the Third-Party Accounts, You explicitly authorize and approve that Fanera may access, use, and share certain information contained in those accounts as specified in these Terms.

3.2 You are responsible for maintaining the security of Your account and You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of Your account. You must immediately notify Us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred resulting from such acts or omissions.

3.3 We may suspend, disable, or delete Your account (or any part thereof), if We determine that You have violated any provision of this Agreement or that Your conduct or content would tend to damage Our reputation and goodwill. If We delete Your account for the foregoing reasons, You may not re-register for Our Services. Furthermore, We may block Your email address and internet protocol address to prevent further registration.

3.4 On creating an account on the Mobile Application, You agree:

  1. To submit valid identification details, email address, and phone number.
  2. That You are the sole authorized user of the account and will not impersonate any person or entity, or otherwise mislead as to the origin of the content shared on the Mobile Application when You register or use the platform.
  3. That any communications between Fanera and You will be sent and received electronically. You agree that all agreements, notices, disclosures, and other communications exchanged between Fanera and You, shall satisfy the legal requirements that such communications be in writing.
  4. To act fairly and lawfully and not misuse any of the Services provided.
  5. To not send unsolicited or inappropriate messages, material, or content as per international and applicable regulations on the Mobile Application.
  6. To be responsible for maintaining the confidentiality of, and restricting access to and use of, Your account and passport, and accept responsibility for all activities that occur under Your account and password.
  7. To immediately notify Fanera of any unauthorized use of the account login details, or any other breach of security related to personal data and to immediately reset the login password.

3.5 In no event will Fanera be liable for any direct, indirect, or consequential loss or loss of profits, goodwill, or damage whatsoever resulting from the disclosure of Your username and/or password, or for any harm resulted by You, Your agents, officers, employees, or representatives in relation to the Services and use of the Mobile Application.

3.6 The Mobile Application is currently offered without any subscription fee. However, Fanera reserves the right to decide, at any time, to implement subscription fees for the use of the Mobile Application. In any case, You will be notified within a reasonable time should there be applicable charges for the use of the Mobile Application.

4. User Content

4.1 User content comprising of data, information, or material shared or communicated directly to other users (“Content”) on the Mobile Application is provided on an “as is” basis and all information, commentary and other materials displayed on Our Mobile Application is intended for general information purposes only. It is not intended to amount to advice on which You should rely.

4.2 We do not own any Content that You submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content in the Mobile Application submitted or created using Our Services by You.

4.3 Unless specifically permitted by You, Your use of the Mobile Application does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the Content created by You or stored in Your user account for commercial, marketing or any similar purpose. You grant Us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of Your user account solely as required for the purpose of providing the Services to You. Without limiting any of those representations or warranties, We have the right, in Our own sole discretion, to refuse or remove any Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful or objectionable.

4.4 Although We make reasonable efforts to monitor the information on the Mobile Application, We make no representations, warranties or guarantees, whether express or implied, that the Content on Our Mobile Application is accurate, complete or up to date. Therefore, We disclaim all liability and responsibility arising as a result of any reliance placed on such Content by any User or by anyone who may be informed of any of its Content.

4.5 The Mobile Application shall include information and materials uploaded by other Users. Such information and materials may have not been verified and approved by Us. The views expressed by Users on the Mobile Application do not represent Our views or values. If You wish to complain about information and materials uploaded by other users, please contact us on info@fanera.co

5. Backups

We perform regular backups of the Content and will do Our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss, We will restore backups automatically to minimize the impact and downtime.

6. Viruses

6.1 We do not guarantee that Our Mobile Application will be secure or free from bugs or viruses. You are responsible for configuring your information technology and using Your own virus protection software.

6.2 You must not misuse Our Mobile Application by knowingly introducing viruses, trojans, worms, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Mobile Application, or database connected to Our Mobile Application. You must not attack Our Mobile Application via a service attack. Any such breach shall be reported to the relevant law enforcement authorities, and We will cooperate with those authorities by disclosing Your identity to them. In the event of such breach, Your right to access Our Mobile Application will cease immediately.

7. Links to Other Mobile Applications

As a resource to Our Users, the Mobile Application may provide links to other sites. However, We are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application or website, unless specifically stated herein. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties, including third-party advertisements. You should carefully review the legal statements and other conditions of use of any mobile application which You access through a link from this Mobile Application. Linking to any other off-site mobile application is at Your own risk.

8. Personal Data

8.1 When You create an account on the Mobile Application, We gather and process the information You provide, which include, but are not limited to, the following:

  1. Personal Information: When You register on the Platform, You provide us with (i) personal information such as Your username, password, date of birth (if applicable), email address, location, as well as information You disclose in Your user profile, and (ii) a copy of Your photograph.
  2. Non-Personal Information: In order to operate and improve Our Service, We may also gather additional data about how it is used, as well as the characteristics and activities of Users. We may gather technical information, such as website visits, the browser You're using and its display settings, Your operating system, device type, session start/stop time, referral URL, time zone, network connection type, and cookie data.

8.2 Fanera will not collect more personal data than is necessary for the purpose of providing the Services and will only store such personal data for as long as it is necessary to provide the Services. Fanera shall put in place and sustain appropriate security measures to protect personal data from unlawful and unauthorized use and disclosure and ensure secure processing of such data in conformity with the applicable regulations.

8.3 We shall comply with all applicable data protection legislation, including the General Data Protection Regulation ((EU)) 2016/679) (“GDPR”), and any other national implementing laws, regulations and secondary legislation relating to data protection or privacy, as each of the foregoing may be amended, updated, consolidated, replaced and/or re-enacted from time to time.

8.4 We shall use and process Your personal information in accordance with Our Cookie Notice and Privacy Policy.

9. Prohibited Uses

9.1 In addition to other terms as set forth in the Agreement, You are prohibited from using the Mobile Application or its Content to:

  1. Share content that is irrelevant to the football community, including but not limited to, content related to food, fashion, products promotions, memes, religion or politics;
  2. Share content that is illegal, defamatory, objectionable, pornographic, indecent, intimidating, hateful, threatening or inappropriate in any manner whatsoever;
  3. Solicit others to perform or participate in any unlawful acts;
  4. Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  5. Infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
  6. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  7. Submit false or misleading information;
  8. Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the internet;
  9. Collect or track the personal information of others; or
  10. Interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the internet.

9.2 We reserve the right to terminate Your use of the Mobile Application and Service or any related mobile application for violating any of the prohibited uses.

10. Unauthorized Content

10.1 Fanera maintains a zero-tolerance policy regarding unauthorized content. Unauthorized content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, unauthorized content. Unauthorized content includes but is not limited to: (i) offensive materials, (ii) sexually explicit materials, (iii) content that infringes the rights of any third party, including copyright, trademark, privacy, publicity or other personal or propriety right, or that is deceptive or fraudulent, (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition, or firearms (“Unauthorized Content”). Any User can block and further flag any content they deem objectionable for review. Content will be moderated by Fanera to ensure the timely removal of all Unauthorized Content. User accounts which have been confirmed responsible for posting such content will be restricted from access to the Mobile Application, and in some cases, permanently blocked from using the Mobile Application.

10.2 Our team uses its best endeavors to monitor the content which is being uploaded on the Mobile Application 24/7 to ensure that the same is compliant with these Terms. We send regular warnings to users which upload content that is violative of these Terms, particularly content which is entirely irrelevant to football. In severe cases, we suspend or terminate the account of such users.

10.3 Fanera may block or delete Unauthorized Content at Fanera’s sole discretion, without the need to obtain the Users’ approval. Fanera may also share Unauthorized Content and User details to the relevant authorities and regulators, where appropriate, and shall not be liable for any such actions taken in connection with Unauthorized Content.

11. Reporting

11.1 We do not allow any content on the Mobile Application which is in violation of these Terms. If You see any content which is in violation of these Terms, You can report that content on the Mobile Application. You must provide a reason for reporting such content.

11.2 As soon as such content is reported, We will investigate the situation and take appropriate action, which includes, but is not limited to termination or suspension of account until further investigation is completed.

11.3 In the event the content is allegedly infringing upon intellectual property rights of others, We will require the user to provide sufficient evidence to provide that the content is not in infringement of such rights. Until then, we will suspend the account of such user.

11.4 In the event the content is sexual or abusive in nature, We will immediately delete the content and permanently terminate the account of the user.

12. User Deletion

12.1 Where Fanera decides, for any reason, that the User has violated these Terms, Fanera will immediately delete such Content and provide a warning, in case of a first-time violation. The warning shall consist of a written notification provided to You. In the event the User commits the same or similar violation following the initial warning, the account shall be deactivated for a period of seven (7) days. The User may further rectify the violation to reactivate the User account at Fanera’s discretion.

12.2 Where the User commits repeated violation(s), Fanera will immediately and permanently deactivate the User account and remove any Content and personal information belonging to the User in question from its database, unless requested otherwise pursuant to applicable laws.

12.3 In certain cases, Fanera may not allow You to close Your account for the following reasons: (i) in attempt to evade any investigations, (ii) in presence of open or pending payments, where applicable, and (iii) in the event local authorities or users notifies Us of any potential breach committed by the User.

13. Copyright Policy

13.1 Fanera complies with all applicable copyright laws, including the Digital Millennium Copyright Act (DMCA). As a result, We take reasonable steps to promptly remove any infringing material that We become aware of from Our Services. In any scenario where We become aware that one of Our users has committed repeated copyright infringements, We will take reasonable steps to terminate the said user's account. We've simplified the process of reporting suspected copyright infringement. If You believe that something on the Services including a user generated content violates a copyright that You own or control, We directly allow You to report the infringement via Our application. We shall take down the reported content and proceed with the investigation, with immediate effect. Any User who is reported for a copyright issue shall be suspended from sharing any content, until Our further notice.

13.2 Alternatively, You may file a notice with Our designated agent whose detailed information is provided as follows:

  • SnapGoal Inc.
  • 24002 Colonial Parkway
  • 5106
  • Katy TX 77493
  • United States
  • Email: contact@Fanera.co
  • Please note that the use of this email address shall only be restricted to report copyright infringements only and all other correspondence will be ignored.

13.3 The Notice addressed to Our copyright agent shall adhere to the following guidelines:

  1. Contain the physical or electronic signature of a person authorized by the copyright owner to act on his or her behalf.
  2. Expressly and without leaving doubt should identify the copyright work which is claimed to have been infringed.
  3. Identify the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to enable Us to locate the item.
  4. Include the copyright owner’s contact information, including the address, telephone no., and an email address readily available and used frequently for correspondence.
  5. Provide a personal statement to effect stating that You have a good faith conviction that the content is being used in the manner alleged and is not authorized by the copyright owner, its agent, authorized representative or authorized under the law.
  6. Submit a statement to effect that the information provided in the notice is accurate and that the person addressing the said notice is authorized to act on behalf of the copyright owner under penalty of perjury (if applicable).

13.4 In Our constant endeavor to abide by the law, including the applicable law governing the protection of intellectual property We shall ensure that all infringement reporting and notices informing Us of the breach are expeditiously disposed of by Us. In any case, if We fail to decide a dispute in a reasonable time frame, You may address the dispute to appropriate authorities under law and seek any measures or remedies as may be provided to You under the governing law for the time being in force.

14. Intellectual Property Rights

14.1 This Agreement does not transfer to You any intellectual property owned by Fanera or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Fanera. All trademarks, service marks, graphics and logos used in connection with Our Mobile Application or Services, are trademarks or registered trademarks of Fanera or Fanera licensors. Other trademarks, service marks, graphics and logos used in connection with Our Mobile Application or Services may be the trademarks of other third-parties. Your use of Our Mobile Application and Services grants You no right or license to reproduce or otherwise use any Fanera or third-party trademark, as long as account is public, You grant all right of Your content to Fanera to use it publicly or through its partnership.

14.2 You must not use any part of the Content on the Mobile Application for commercial purposes or include it in any public or private electronic retrieval system or service, without Fanera’s prior written permission.

15. Limitation of Liability

15.1 Whilst We try to ensure that all information on the Mobile Application is accurate, no guarantees, representations or warranties are given that the content of Our website is accurate, complete, up-to-date or error free.

15.2 To the fullest extent permitted by applicable law, in no event will Fanera, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Fanera has been advised as to the possibility of such damages or could have foreseen such damages.

15.3 To the maximum extent permitted by applicable law, the aggregate liability of Fanera and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by You to Fanera for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose.

15.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious code, or other technologically harmful material that may infect Your mobile device, computer equipment, computer programs, data or other proprietary material due to Your use of the Mobile Application or to Your downloading of any material posted on it, or on any website linked to it.

15.5 This does not affect Our liability for death or personal injury arising from Our negligence, nor out liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the applicable law.

16. Indemnification

You agree to indemnify and hold Fanera and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, claims, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, Your use of the Mobile Application or Services or any willful misconduct on Your part.

17. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

18. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Abu Dhabi Global Market, without giving effect to any principles of conflicts of law. Any dispute which arises in relation thereto shall be resolved amicably between You and Fanera. If such dispute is not resolved within fourteen (14) days following the receipt by the involved party of the matter in dispute, then such dispute shall be resolved exclusively by the courts of Abu Dhabi Global Market.

19. Changes and Amendments

We reserve the right to modify these Terms or its policies relating to the Mobile Application or Services at any time, effective upon posting an updated version of these Terms in the Mobile Application. When we do, We will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute Your consent to such changes.

20. User Rights

20.1 Under certain circumstances, You have rights under data protection laws in relation to Your personal data. The various rights are not absolute, and each is subject to certain exceptions or qualifications. We will grant Your request only to the extent that it follows from Our assessment of Your request that We are allowed and required to do so under data protection laws. Nothing in this privacy policy is intended to provide You with rights beyond or in addition to Your rights as a data subject under data protection laws. You have the right to:

  1. request access: to Your personal data (commonly known as a “data subject access request”). This enables You to receive a copy of the personal data We hold about You and to check that We are lawfully processing it;
  2. request correction : of the personal data that We hold about You. This enables you to have any incomplete or inaccurate data We hold about you corrected, though We may need to verify the accuracy of the new data you provide to Us;
  3. request erasure/User deletion : of Your personal data. This enables You to ask Us to delete or remove personal data where there is no good reason for Us continuing to process it. Please include as much information as possible regarding which data You would like to be deleted. The request will be escalated to the proper team for evaluation and processing. We will reach out every step of the way to keep You updated on the deletion progress. After an additional thirty-three (33) days, Your account will be permanently deleted. This means that Your account, account settings, friends, content, comments, device data and location data in Our main user database will be deleted.
  4. request restriction of processing : of Your personal data. This enables You to ask Us to suspend the processing of Your personal data in the following scenarios:
    1. where You want us to establish the data’s accuracy;
    2. where Our use of the data is unlawful, but You do not want Us to erase it;
    3. where You need Us to hold the data even if We no longer require it as You need it to establish, exercise or defend legal claims; or
    4. You have objected to Our use of Your data, but We need to verify whether We have overriding legitimate grounds to use it;
  5. withdraw consent at any time : where We are relying on consent to process Your personal data. However, this will not affect the lawfulness of any processing carried out before You withdraw your consent. If You withdraw Your consent, We may not be able to provide certain products or services to You. We will advise You if this is the case at the time You withdraw Your consent.

    If You wish to exercise any of the rights set out above, please contact us at contact@fanera.co

21. Contact Us

21.1 If You have any questions about this Agreement, please contact Us on info@fanera.co. This document was last updated in January 2023.

21.2 If You’re having an issue using the Mobile Application, we might be able to help. Contact us to let Us know how We can help You to have an amazing experience.

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