Terms of use

1.1 Scope of the General Terms of Use

1.2 The operator of the "fanq" app (hereinafter referred to as the "app") and therefore the contractual partner of the app users is FanQ GmbH, Im Mediapark 5, 50670 Cologne (hereinafter referred to as "FanQ").

1.3 By using the app, you recognise the terms of use listed here.

1.4 These Terms of Use apply exclusively. General terms and conditions of the user shall not become part of a contract even if they have not been expressly objected to, although FanQ is aware of deviating or additional terms and conditions of a user.

1.5 Upon use, the user recognises the terms of use of the tools used (buddybuild.com; fabric.io; visualstudio.com; developer.apple.com), which should be contacted directly if necessary.

2.1 With the app, FanQ provides a rating tool with which football fans can give their opinion on various current topics in football on a daily basis. The app can only be used to select football clubs or answer questions about football clubs, but not to utilise the services offered by the football club. No purchase, service or other contract for the purchase or utilisation of products and services offered by the football clubs presented in the app is concluded with FanQ, nor does rate your club act as an agent or representative for these football clubs. To use the services offered by a football club, a separate contract with this football club is required.

2.2 The reviews posted in the app do not represent the opinion of FanQ. The content posted is not checked by FanQ for accuracy and legality.

2.3 FanQ reserves the right to change, supplement or delete the design and free services offered on the app without prior notice or to temporarily or permanently cease publication. This also applies to content posted by the user.

2.4 The user is not entitled to any claims for damages, reimbursement of expenses or other claims due to changes to the design of the app or its content or due to the temporary or permanent discontinuation of free services.

3.1 FanQ offers some of its services in the app only to registered users. FanQ can define access criteria and make the granting of access to all or certain services dependent on the fulfilment of these criteria.

3.2 Natural persons (consumers) within the meaning of Section 13 of the German Civil Code (BGB) who live in the Federal Republic of Germany may participate in FanQ. The minimum age is 14 years.

3.3 The user is obliged to provide truthful and complete information when registering. The user is not permitted to enter the data of third parties when registering. If legal entities or partnerships are registered as users, the person providing information on behalf of the legal entity or partnership must ensure that they are authorised to do so.

3.4 Multiple registrations under different user names are not permitted. In any case, it is prohibited to submit multiple ratings under different user names.

3.5 User names whose use infringes the rights of third parties, in particular naming or labelling rights (e.g. trademarks), or which are otherwise unlawful or offend common decency, are not permitted.

3.6 The user name and password (hereinafter referred to as "access data") must be kept secret. The user must ensure that the access data does not fall into the hands of third parties who could then use his user account. In the event that the access data is lost or in the event of suspicion that a third party has gained knowledge of it or that a third party is using the user profile, the user is obliged to inform FanQ immediately. To protect against unauthorised access by third parties and misuse, the user should change the password at regular intervals.

3.7 FanQ is authorised to block the profile immediately:- If false information was provided during registration - In the event of loss or suspected misuse of the access data by a third party - If the profile owner has violated FanQ's General Terms of Use; in particular, if there is reasonable suspicion of manipulation of ratings and in the event of multiple registrations - If there is any other good cause

3.8 If the profile is blocked, the profile owner concerned is prohibited from re-registering in the app and creating a new profile until FanQ has given its express prior consent.

3.9 FanQ users can cancel their user profile at any time without notice. Cancellation of membership must be declared in writing by email. The participant's personal data will then be completely deleted by FanQ within a reasonable processing period.

4.1 The app made available for use and the services accessible via it have been developed by FanQ and are subject to copyright protection. All rights of use and exploitation are held by rate your club.

4.2 Users do not have the right to use the brand name, logo, figurative mark, service marks, domain names, app names and other distinctive signs of rate your club, in particular the name "FanQ" and "fanq", unless they have been granted an express written licence to do so by FanQ.

4.3 The user may only use the information and results retrieved from the app within the scope of these terms of use.

4.4 The content of other users accessible via the app (in particular ratings) may not be copied, distributed or otherwise made publicly accessible without the consent of the respective user and FanQ, and beyond the product features offered.

4.5 The user must refrain from doing anything that is likely to interrupt, damage or otherwise impair access to and use of the app by others.

4.6 Further restrictions on use are set out in Section 5 below and any statutory provisions.

4.7 Users are obliged to inform FanQ if they become aware that content is false, inaccurate or misleading or infringes the rights of third parties.

5.1 Users are obliged to provide only truthful information.

5.2 When posting content, the user is obliged to respect and not infringe the rights of third parties, in particular trade mark rights, copyrights and personal rights. The posting of content that glorifies violence, is pornographic, discriminatory, offends personal honour or is otherwise contrary to the law or common decency is not permitted. Reviews must be objective.

5.3 It is prohibited to submit multiple ratings per natural person or to influence or manipulate the rating image in any other unauthorised way. Users may not submit or have a third party submit a rating about themselves or as the owner, shareholder or employee of a club to be rated.

5.4 The user may only post third-party content if he has the corresponding rights of use. If there is any doubt about authorisation, the user is obliged to ask the rights holder for permission. Doubts exist in particular if o the content involves works protected by copyright or ancillary copyright, such as third-party photos, graphics, logos, brands and texts; o the content involves personal or other sensitive information about individual persons or groups of persons, unless the user has the necessary consent and/or rights of use; o third parties are depicted in photographs in such a way that they do not fade into the background for the viewer in terms of their significance for the image, unless express consent has been given.

5.5 The user is not permitted to set hyperlinks.

6.1 The user grants FanQ the transferable, non-exclusive, spatially and temporally unrestricted right to use the content posted by the user in the app to the extent necessary for the operation of the app.In particular, the user grants FanQ the right to make the relevant content publicly accessible in the app or on a website and to make the necessary reproductions of the content (storage on the servers, etc.).In addition, the user grants FanQ the right to edit the content. This editing may include, for example, shortening or editing texts, producing excerpts from posted images or reducing images to thumbnails or summarising content. FanQ may also include the user's content in its own editorial content and/or email newsletters and/or print media (e.g. newspapers, advertising brochures, flyers, etc.) and present it there and/or include it in "Best Of", "Most Viewed" and "Best Rated" or similar lists. FanQ also has the right to reproduce the content in the best possible quality via different end devices and different networks (public and private), to make it publicly accessible and to reproduce it publicly, whereby the right to make it publicly accessible also includes in particular the transmission of the content to fixed or mobile end devices (e.g. smartphones etc.) of other users via UMTS, podcasting, RSS feed or XML interface. The right of communication to the public also includes the right to reproduce content in the app or on a website by streaming.

6.2 In addition, the user grants FanQ the transferable, non-exclusive right, unlimited in time and space, to publish, reproduce and distribute the relevant content as a tangible work (e.g. in the form of a business directory) in book form, other print media, on CD-ROM and/or DVD.

6.3 Insofar as the user's content posted in the app does not enjoy copyright protection and no other property rights of the user exist, FanQ is free to use the content without being bound by the restrictions of Sections 6.1 and 6.2, subject to mandatory statutory provisions, in particular data protection regulations.

6.4 The user grants FanQ the rights described in sections 6.1. and 6.2. by way of clarification, even beyond the possible termination of the user relationship. However, due to the granting of rights in accordance with sections 6.1. and 6.2., FanQ is not obliged to exercise the rights, in particular to edit the content or to reproduce and/or distribute the content as a tangible work. The same applies to the use of content within the meaning of section 6.3.

6.5 If the user posts their content in the app, they also authorise other users and other searchers to use their content to a certain extent. For example, the user's posted texts may be read and any images viewed. This may result in the content in question being stored in the memory of the other user's/searcher's device. However, any further use of the content is generally not permitted.

7.1 FanQ expressly points out that the content posted in the app is not checked by FanQ either before or after it is posted. The information provided may therefore be incorrect, inaccurate or misleading. It also cannot be ruled out that content posted may infringe the rights of third parties or otherwise be unlawful.

7.2 FanQ assumes no liability for the accuracy, timeliness, correctness, completeness, quality or legality of the content available in the app, in particular information about ratings. It is the sole responsibility of the user to check the information received and obtained through the use of the app for its suitability for the intended purpose.

7.3 All liability claims against FanQ relating to material or immaterial damage caused by the use or non-use of the free information provided or by the use of incorrect or incomplete free information are excluded, unless there is evidence of wilful intent or gross negligence on the part of FanQ.

8.1 The user is solely responsible for the content posted by him/herself. Any liability of FanQ towards the user is excluded in this respect.

8.2 In the event that claims are asserted against FanQ by third parties because the content posted by a user violates the rights of third parties or is unlawful, the user shall indemnify FanQ against all such third-party claims, including any court and lawyer's fees in the statutory amount, unless the user is not responsible for the infringement. The user is obliged to provide FanQ with all information necessary for a defence against the claims asserted by third parties.

9.1 FanQ and the app users can terminate the user agreement at any time with a notice period of five working days. After termination of the user agreement, FanQ will deactivate the user account.

9.2 The parties are entitled to extraordinary cancellation for good cause. Extraordinary termination by FanQ is possible in particular in the event of criminal offences committed by the user, in the event of breaches by the user of the obligation to provide truthful information about the data collected, in the event of breaches by the user that make the performance of the contract appear impossible or unreasonable, or in the event of other gross breaches of duty, e.g. misuse of access data.

9.3 FanQ may also temporarily block a user's published content and access to their user account instead of cancelling it in order to require the user to comply with their obligations. The member will be notified of any blocking. However, FanQ is not obliged to first block the user account before cancelling it.

9.4 The cancellation must be declared in writing. It is sufficient if it is declared by e-mail.

10.1 rate your club reserves the right to change these terms of use at any time and without giving reasons.

10.2 The new terms of use will be sent to the registered user by email. They shall be deemed to have been agreed if the user does not object to their validity within four weeks of receipt of the e-mail. The objection must be in text form. FanQ will inform the user separately in the e-mail about the possibility of objection, the deadline and the consequences of failure to act. If the user objects, both the user and FanQ have the right to terminate the user agreement by cancellation with immediate effect. However, the option to amend the terms of use for registered users does not apply to amendments that relate to the introduction of new obligations not previously included in the terms of use that affect the user.

10.3 The terms of use available at the time of the specific visit or the specific utilisation of services in the app apply to non-registered users.

11.1 If the user is an entrepreneur, these Terms of Use are subject to the law of the Federal Republic of Germany. If the user is a consumer, these Terms of Use shall be governed by the law of the Federal Republic of Germany, unless mandatory statutory provisions, in particular consumer protection regulations, provide otherwise.

11.2 If the user is a merchant within the meaning of the German Commercial Code, a special fund under public law or a person under public law, Cologne shall be the exclusive place of jurisdiction for all disputes arising from these Terms of Use.

11.3 If parts or individual formulations of these Terms of Use do not or no longer fully comply with the applicable legal situation, the content and validity of the remaining parts shall remain unaffected. The invalid provision shall be replaced by a provision to be determined by way of interpretation which comes closest to the invalid provision in a legally effective manner with regard to the economic and actual intention.