1. Introduction

    These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website or sign up to be a ‘follower’.

    “You must be at least [13] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [13] years of age. The website may contain material of a mature nature, and therefore express reliance is placed upon you confirming that you are at least 13 years of age, by Fantrac, in respect of you accessing the website.”

    Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.

  2. Licence to use website

    Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    You may view, download for caching purposes only, and view the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not:

    (a) republish material from this website (including republication on another website);

    (b) sell, rent or sub-license material from the website;

    (c) show any material from the website in public;

    (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

    (e) edit or otherwise modify any material on the website; or

    (f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our email requests and newsletter

    Where content is specifically made available for redistribution, it may only be redistributed by you alone

  3. Acceptable use

    You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

    You must not use our website to transmit or send unsolicited commercial communications.

    You must not use our website for any purposes related to marketing without our express written consent.

  4. Registered users

    Access to certain areas of our website is restricted to registered users.

    In order to become a registered user/fan follower, you must first join and subscribe to the monthly fee of £5 (5 GBP). In addition to this you agree to pay the UK vat amount on the monthly fee (which as of the 1st of April 2013 stands at 20% making the monthly commitment to you £6 GBP). Each monthly fee enables you to follow one person's/celebrity's profile on the Fantrac website www.myfantrac.com. In agreeing to these terms you acknowledge you are committing to a 12 month subscription minimum to each and every person's/celebrity's profile that you chose to follow. On agreement to these terms, you are authorising us to debit your account each calendar month for each profile you decide to follow as a user.

    The monthly fee is shown in the currency of 'Great British Pound'. As exchange rates fluctuate you may notice that the price on your credit card bill may be different from that quoted in local currency at the time of joining and subscribing. We cannot be and are not responsible for any changes in currency exchange rate fluctuation. You are responsible for making sure you understand the consequences the exchange rates may have on your monthly payment and by agreeing to these terms are acknowledging the financial obligation as the user.

    You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete, and Fantrac places reliance on these warranties accordingly.

    You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of Section 5 below.

    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

    You are responsible for any activity on our website arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.

    You must not use any other person's username and password to access our website under any circumstances. You must not share your username and password with any other individual.

    Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion. Such additional features may include:

    (a) the facility to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of that profile to particular groups or individuals registered on the website;

    (b) the facility to join website groups, and to share information amongst group members;

    (c) the facility to send private messages via the website to particular groups or individuals registered on the website.

    (d) the facility to view photo's, follow, listen to messages and also message your own subscription to celebrities.

    We may disable usernames and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

    Any data furnished by or on behalf of the Fan pursuant to this Agreement and any results of processing the Fan's data or derived in any way from Fan's data shall at all times remain the joint property of Fantrac and the Celebrity. If upon the expiration of the Agreement the Fan requires data stored by Fantrac for archival purposes, Fantrac shall at the request of the Fan, provide the Fan with a copy of the Fans data which Fantrac has at such time, in such medium as the Fan may reasonably require If on the expiration of the Agreement the Fan requires complete deletion of data which Fantrac has at such time, they can request said deletion, in writing, by means of a notice addressed to Fantrac at their London offices

  5. User generated content

    In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

    You warrant and represent that your user content will comply with these terms of use.

    Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

    Your user content (and its publication on our website) must not:

    (a) be libellous or maliciously false;

    (b) be obscene or indecent;

    (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

    (d) infringe any right of confidence, right of privacy, or right under data protection legislation;

    (e) constitute negligent advice or contain any negligent statement;

    (f) constitute an incitement to commit a crime;

    (g) be in contempt of any court, or in breach of any court order;

    (h) be in breach of racial or religious hatred or discrimination legislation;

    (i) be blasphemous;

    (j) be in breach of official secrets legislation;

    (k) be in breach of any contractual obligation owed to any person;

    (l) depict violence in an explicit, graphic or gratuitous manner

    (m) be pornographic or sexually explicit

    (n) be untrue, false, inaccurate or misleading

    (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage

    (p) constitute spam

    (q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory

    (r) cause annoyance, inconvenience or needless anxiety to any person.

    Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

    You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

    You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

    We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

    Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

  6. Payments, cancellations and cooling off

    Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Fantrac Service for a specific time period ("Pre-Paid Period").

    When you register for a Paid Subscription or Free Trial online, you consent to get access to Fantrac immediately. If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within seven (7) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Fantrac at any time during the Cooling-off Period.

    Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Fantrac will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Fantrac during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.

    If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer support via support@myfantrac.com

    Fantrac may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Fantrac Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Fantrac Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

  7. Term and termination

    The Agreements will continue to apply to you until terminated by either you or Fantrac. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Fantrac may terminate the Agreements or suspend your access to the Fantrac Service at any time, including in the event of your actual or suspected unauthorised use of the Fantrac Service and/or Content, or non-compliance with the Agreements. If you or Fantrac terminate the Agreements, or if Fantrac suspends your access to the Fantrac Service, you agree that Fantrac shall have no liability or responsibility to you and Fantrac will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Fantrac account, please contact us through the Customer Service via suppot@myfantrac.com. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

  8. Limited warranties

    You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

  9. Limitations and exclusions of liability

    Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

    The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. In the unforeseen, unfortunate event that a 'celebrity/person's profile' who you are following on Fantrac, becomes unable to fulfil their obligations to their 'fans/followers' in any capacity, for any reason, including but not limited to the death of the celebrity, we will not be liable to you. In such an occasion, we have the right to close all associated accounts who were following that person's profile and your monthly payment obligation would cease.

    We will not be liable to you in respect of any personal or business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

    You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

  10. Indemnity

    You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

  11. Breaches of these terms of use

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

    (a) send you one or more formal warnings;

    (b) temporarily suspend your access to the website;

    (c) permanently prohibit you from accessing the website;

    (d) block computers using your IP address from accessing the website;

    (e) contact your internet services provider and request that they block your access to the website;

    (f) bring court proceedings against you for breach of contract or otherwise;

    (g) suspend and/or delete your account with the website; and/or

    (h) delete and/or edit any or all of your user generated content.

    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  12. Third party websites

    Our website may include hyperlinks or advertisements to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  13. Trade marks

    Fantrac and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

    The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  14. Competitions

    From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate). It is your responsibility to appraise yourself of the content of these separate terms and conditions.

  15. Variation

    We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

  16. Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  17. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  18. Exclusion of third party rights

    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  19. Entire agreement

    These terms of use, together with our privacy policies, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

  20. Law and jurisdiction

    These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  21. Our details

    The full name of our company is Fantrac Global Ltd. Incorporated in England and Wales under the Companies Act 1985 with registered number 8409390.

    Registered office address is Fantrac Global Ltd, 4 Flitcroft Street London WC2H 8DJ. You can contact us by telephone: +44 (0) 207 148 6525 or email to info@myfantrac.com