GENERAL TERMS AND CONDITIONS
TOURNAMENTCENTER BV (known as ‘Fanfinity’)
CBE number: 0550.767.384
Derbystraat 109, 9051 Ghent

1.1 Only these general terms and conditions, in addition to any special conditions, apply to all offers coming from FANFINITY. These terms and

conditions must be applied in conjunction with the general terms and conditions of FANFINITY.

1.2 These general terms and conditions shall take precedence over all general terms and conditions of the user of the platform (hereinafter: the user). The user is deemed to be aware of these

terms and conditions and to irrevocably accept them by entering into a partnership with FANFINITY (in concrete terms by creating an account via the FANFINITY platform), and thereby expressly and completely waives the applicability of their own general and/or special terms and conditions. These general terms and conditions can be consulted at any time via the website of FANFINITY.

1.3 Deviations from the general terms and conditions are only valid if expressly agreed in writing by the parties.

1.4 If any clause forming part of these terms and conditions or of the agreement would be null and void, the terms and conditions and the agreement will otherwise remain in force and the clause in question will be replaced immediately by a clause that comes as close as possible to the intention of the original clause.

2.1 FANFINITY is an event production agency. She organises events and fan experiences for you to connect with your favourite games all over the globe. FANFINITY is committed to lowering barriers and making gaming accessible and inclusive for everyone.

2.2 In this context, FANFINITY also offers an online player platform (B2C). The intention of this platform is to provide users with a more complete tournament experience. A lot of information is collected within the platform that can further inform the user about the specific tournaments in which they participate.

2.3 In any case, FANFINITY's assignment concerns an obligation of means. FANFINITY will always do its utmost to ensure that the cooperation with the user runs smoothly, but can in no way be obliged to achieve a specific result.

3.1 To use the platform, the user must create an account.

3.2 Normally, no transactions involving payments take place via the platform. In principle, there are no commitments with a financial impact. If this is the case, this will always be explicitly communicated to the user of the platform in advance.

4.1 Force majeure is any event that constitutes an insurmountable obstacle to the normal performance of FANFINITY's obligations and that forces it to stop the works temporarily or permanently.

Examples include fire, explosions, terrorist attacks, earthquakes and/or, storms or other weather conditions, war, revolutions, strikes, blockades, riots, epidemics, pandemics, machine breakdowns, an act taken by the government or any other authority, lock-out and the consequences associated with it, problems with a supplier, problems with the materials to be supplied, hacking or other it-related problems etc.

4.2 In the event of a force majeure situation as a result of which FANFINITY is no longer able to fulfil its contractual obligations towards the user, these obligations will be suspended until FANFINITY is still able to fulfil its obligations, without FANFINITY being in default with regard to the fulfilment of those obligations and without FANFINITY being held to any compensation.

4.3 If FANFINITY is unable to provide services with regard to the store platform for more than two months, the parties will consult with each other regarding the future execution of the cooperation and possibly the revision of the assignment. If a settlement cannot be reached, each of the parties will have the option of terminating the agreement, without observing a notice period or compensation.

4.4 All services already provided by FANFINITY, and costs incurred up to the termination of the agreement due to force majeure remain due and payable by the user.

5.1 FANFINITY is not responsible for the content, layout, development, quality, changes of location, date or price, availability nor for any cancellation of an event. The potential liability of FANFINITY is limited to the process of registration on the platform.

5.2 The information on the platform is of general nature and is not adapted to specific circumstances. FANFINITY makes the greatest efforts to keep the provided information complete, correct, accurate and up to date. If the information is not accurate, FANFINITY cannot be held accountable by the user of the platform as there is no obligation to achieve a certain result.

5.3 While the information contained on the platform has been obtained from sources believed to be reliable, FANFINITY disclaims all warranties as to the accuracy, completeness or adequacy of such information. Users assume sole responsibility for the use it makes of this platform to achieve their intended results.

5.4 The platform may contain links to other third-party platforms, which are provided as additional resources for the convenience of users. FANFINITY does not endorse, sponsor or accept any responsibility for these third-party platforms, the user agrees to direct any concerns relating to these third-party platforms to the relevant platform administrator.

5.5 FANFINITY has taken out professional indemnity insurance to insure itself for any damage for which it can be held liable.

5.6 The damage for which FANFINITY could be liable can never exceed the value of the agreement.

5.7 If the user is of the opinion that FANFINITY is liable, the user will have to provide full and sufficient proof that the alleged damage was actually caused by an error on the part of FANFINITY or its appointees.

5.8 FANFINITY is not responsible for the actions or errors of third parties (whether or not present at the event in question) and/or the user himself, it is only responsible for its own mistakes.

5.9 FANFINITY is only liable for direct damages. Under no circumstances can FANFINITY be liable for any indirect damage or minor errors.

5.10 Damage as a result of incorrect, incomplete or not received information from the user is always the responsibility of the user.

5.11 Damage as a result of an act of FANFINITY of which the user has indicated the risks to the user, but which nevertheless had to be carried out at the express request of the user, is always the liability of the user himself.

5.12 In the event of a claim for which FANFINITY can effectively be held liable by the user, FANFINITY reserves the right to proceed in the first instance to repair in kind, unless this has become impossible or if expressly agreed otherwise.

5.13 In the event of damage, it cannot give rise to a suspension of payment or non-payment of invoices by the user. Set-off against the amount of the invoice, if any, is excluded.

6.1 All content and parts of the Platform, whether visual elements or sound elements including the associated technology used are protected by intellectual property rights and belong to FANFINITY or rightful third parties.

6.2 All intellectual property rights arising in the context of the execution of the agreement are and remain the exclusive property of FANFINITY, unless expressly agreed otherwise.

6.3 Any use of these intellectual property rights, as described in articles 6.1 and 6.2 of these general terms and conditions, by the user or third parties requires the prior express consent of FANFINITY or the rightful owner of the relevant intellectual property rights. As long as no further written agreement is concluded with regard to the transfer of the intellectual property rights, these rights remain the property of FANFINITY or the rightful third party.

6.4 The user undertakes not to take any

action that may infringe the intellectual property rights of FANFINITY or its rightful owner.

6.5 If the user collaborates with third parties, he undertakes to include this clause in the agreement(s) he concludes with these third parties.

7.1 The deadlines proposed by FANFINITY are purely indicative.

However, FANFINITY will always do its utmost to meet the agreed deadlines.

In the event of delays, as a result of which certain information would be published late via the platform, FANFINITY undertakes to keep the user informed.

7.2 However, late performance can never give rise to compensation or any liability on the part of FANFINITY, nor do they grant the user the right to suspend the execution of their obligations or to dissolve the agreement.

8.1 In accessing and using this platform of FANFINITY, the user agrees to comply with all applicable laws and agrees not to take any action that would compromise the security or viability of this platform.

FANFINITY may terminate the user's access to the platform at any time for any reason. More specifically, but not limited to these cases, FANFINITY will deny access to the platform to the user, if the user compromises the security of the platform, tries to gain unjustified access to the platform, goes against normal use of the platform, etc.

8.2 In principle, the cooperation will continue as long as it has not been terminated by the user or FANFINITY. As soon as one of the parties has expressed its intention to terminate the cooperation via the platform, access to the platform will be immediately terminated.

9.1 FANFINITY attaches great importance to the protection of the personal data of its contracting parties.

9.2 On the basis of the agreement, it is possible that personal data will be processed for the purposes arising from the agreement concluded between the parties.

9.3 The personal data will only be processed if this is necessary for the execution of the agreement. If FANFINITY processes personal datafor other purposes, it will ask for permission in advance.

9.4 The personal data will be kept for the duration of the Agreement or for as long as this is necessary in the context of the legal obligations of FANFINITY.

10.1 The user must make their complaints regarding the services provided known to FANFINITY by email, indicating the reasons for protest, within 8 days of the establishment of this complaint.

10.2 The complaints must be clearly defined so that FANFINITY can take the necessary steps to remedy the complaints insofar as they are justified.

10.3 In the absence of complaints, the user is deemed to accept the services provided.

10.4 Any disputes will be settled by the courts and tribunals of the district in which the registered office of FANFINITY is located.

10.5 Only Belgian law applies.

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October 2024