FANBLAST GENERAL TERMS OF SERVICE
Last Updated: May 20, 2024
Welcome to FANBLAST! This is a legal document. By using FANBLAST, you agree to terms below.
This Agreement is entered into by and between you and Digital Blast GmbH ("we ", "our ", or "us ") and pertains to your use of https://www.fanblast.com/ any services provided therein, including mobile applications, sub-domains, clickable URL, and websites with a link to these Terms of Service (collectively, "FANBLAST"). The term "User ", "you" or "your" refers to anyone who uses, accesses, or otherwise interacts with FANBLAST, whether a Creator or a Fan or both (as defined below). We and you are each referred as a "Party" and collectively the "Parties."
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING FANBLAST OR PROVIDING ANY INFORMATION TO US .
By accessing, downloading from, clicking on the "I Accept" (or similar button) to complete the registration process on FANBLAST, or otherwise using FANBLAST (including any content, functionalities, and services made available to you through FANBLAST), you represent that you have read, understand, and agree to be bound by the following terms, including Privacy Policy and other policies which will be published on FANBLAST and incorporated as binding parts of this Agreement (collectively, "Terms of Service " or "Agreement") and have full legal authority to enter into this Agreement. Your use of or participation in certain services may be subject to additional guidelines, terms, or rules we post on FANBLAST ("Additional Terms"), which are incorporated herein by reference.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE FANBLAST IN ANY MANNER.
USER ELIGIBILITY
Adults ONLY! Only individuals over the age of 18 may use the services or provide Personal Data (subject to our Privacy Policy) through FANBLAST. By using FANBLAST, you represent and warrant that you are of legal age to form a binding contract with us.
No repeat offenders. By using FANBLAST, you represent and warrant your access to FANBLAST has never been suspended or terminated for any reason. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MAY NOT ACCESS OR USE FANBLAST!
DISCLAIMER NOTICE
No Professional Advice. THE INFORMATION PROVIDED AS PART OF YOUR USE OF AND ACCESS TO FANBLAST IS FOR PERSONAL, INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE. SUCH INFORMATION MAY NOT BE ACCURATE OR SUITABLE FOR ALL INDIVIDUALS. FOR MORE DETAILS, PLEASE REVIEW SECTION 6.
ARBITRATION NOTICE
For the Lawyers. These Terms of Service contain an arbitration provision in Section 9 that requires both Parties to resolve disputes by binding arbitration instead of in court. In arbitration, class actions and jury trials are not permitted. Therefore, please review Section 9 carefully, as it governs and affects your rights to resolve dispute with us.
TABLE OF CONTENTS
What We Do
Your Account
Acceptable Conduct
Your Content, Feedback, and Referrals
Privacy and Security
Warranties and Disclaimers
Limitation of Liability
Indemnification
Governing Laws; Dispute Resolution
Third Party Sites & Content
Suspension and Termination
Updates
Miscellaneous; General Information
Service Addendum
Consent to Collect Technical Data
1. What We Do
SUMMARY: We provide an interactive, exclusive-content platform to enable Creators and Fans to engage together. To access certain features on FANBLAST, you may register and create an Account as a Creator or access Content as a Fan.
1.1 FANBLAST.
What We Do: FANBLAST is an exclusive-content platform that empowers Creators to make money while doing what they love. We are the home of Fans who interact daily with their favorite Creators and foster a safe and brand-friendly environment to engage together.
How we manage FANBLAST: While we may monitor some pages to enforce this Agreement, we are not responsible for information provided by you or other users of FANBLAST. We do not endorse any product or service, serve as an agent or representative, function as a publisher, or moderate content—except as required by applicable law. You acknowledge that we are not liable for any Content you post or for the manner in which you use your social media accounts.
1.2 Your Use or Access of FANBLAST.
Who is a Creator? A "Creator" is an individual who creates a FANBLAST account to engage with Fans through FANBLAST (including memberships and messaging), upload Content (as defined below) on FANBLAST to showcase your creativity, promote certain merchandise to Fans, and generate revenues by setting fees payable by Fans who wish to view certain exclusive Content by Creator, among others.
Who is a Fan? A "Fan" is an individual who follows or subscribes to a Creator's Content, makes a purchase, or otherwise interacts with Creator(s) through FANBLAST. Through a purchase, a Fan may receive additional benefits including direct messaging or other interactions with Creators through certain functions and features made available exclusively to Fans who choose to register an Account with FANBLAST.
What type of Content do you see? "Content" means any creative expression, data, or other materials made available to a User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, replies, "likes," comments, and any other material whatsoever, whether it is uploaded by a User or displayed by FANBLAST.
1.3 Customer Support. For questions concerning your account, payments, our services, or these Terms, as well as general customer support, please contact us at info@fanblast.com.
2. Your Account
SUMMARY: Your Account gives you the ability to access FANBLAST and additional functionalities that we may establish and maintain from time to time and in our sole discretion.
Registration. You may be required to sign up for an account with FANBLAST to either interact with your Fans or otherwise engage in dynamic interactions with the Creators that you actively follow ("Account"), select a password and username ("User ID"), and provide us with certain information or data, such as your contact information.
User ID. Your User ID is important for building a curated fanbase and promoting your brand. Therefore, your User ID must be appropriate for all audiences. You may not register a User ID using a name that you do not have the right to use (such as a celebrity name, a trade name, brand name, etc.), another person's name with the intent to impersonate that person or using a name that is offensive or obscene. You may not transfer your Account to anyone else without our prior written permission.
Third Party Account. Additionally, you may be able to access certain parts or features of FANBLAST by using your Account credentials from other services (each, a "Third Party Account"), such as those offered by Google, Facebook, or Twitter etc. By using the services through a Third Party Account, you give us the permission to access certain information from such Third Party Account for use by us, and in some cases, store your log-in credentials for that Third Party Account. You are ultimately in control of how much information that you make available or publish on your social media account(s) and/or FANBLAST. At any time, you can revoke our access to these Third Party Accounts by adjusting your privacy or security settings on your Third Party Accounts.
Company Accounts. If you open an Account on behalf of a company, organization, or other entity, then: (i) "you" includes you and that legal entity; (ii) you represent and warrant that you are an authorized representative of that legal entity with the authority to bind such entity to this Agreement, and that you agree to this Agreement on the entity's behalf; and (iii) you are responsible for providing access to current employees or third parties managing your Account.
Terms for Creators and Fans. We want you to be in the know about additional terms involving interactions among Users, payment, tax, compliance of laws, among others.
Creator. If you sign up as a Creator or on behalf of a Creator, additional terms and conditions may apply. For more details, please review Section 14 (Service Addendum).
Fan. As a Fan, you may access certain Content or services, such as Locked Content, Direct Messaging to Creators, and other features, made available exclusively to certain Users. For more details, please review Section 14 (Service Addendum).
3. Acceptable Conduct
SUMMARY: For a variety of reasons, we need to set some house rules on what products, know-how, and materials that you can promote and share, and how you interact with each other through FANBLAST.
3.1 Prohibited Conduct. You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by this Agreement) use FANBLAST for any purpose that breaches applicable laws, or is prohibited by other policies that we may publish on FANBLAST, including:
No Harmful, Violent, or Illegal Content, such as:
Do not use FANBLAST for any purpose that may be deemed by us or others to be invasive of another's privacy, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, explicit, illegal, or otherwise in violation of this Agreement or any other agreement between the Parties;
Do not post any unsafe, violent or self-harm techniques or tips, or links to websites that promote unsafe how-to instructions, through images, videos, posts, or other methods;
Do not share Content advocating, promoting, celebrating, or encouraging violence, physical harm, or death against any individual, group, entity, or organization, including instructions or materials related to the assembly of bombs or other weapons, or promote violence using firearms or other weapons; or
Do not share Content that promotes, supports, or affiliates with violent extremist and terrorist groups. We may share relevant information and work with appropriate law enforcement authorities, when possible, to prevent harm.
No Impersonation or Misleading Content, such as:
Do not impersonate any person or entity (including us), or solicit information from another User in furtherance of identity theft or another unlawful purpose;
Do not post, share or promote deceptive or fraudulent Content, including spreading misleading information, putting the wrong "source" field in a post, setting misleading click-through links on images, or embedding them in pop-up ads;
Do not post Content or spread misleading information generated through deep-fake tools, voice-cloning software or other similar AI-enabled technologies without an appropriate disclaimer or label that clearly discloses that such Content is fake, manipulated, or manufactured.
No Nudity or other Sexual Content: You may not share any content that is sexually exploitive of any individual, including:
No Nudity: Do not post or share photos, videos, and digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks, including those that superimpose or digitally manipulate an individual's face onto another person's nude or semi-nude body;
No Non-consensual Content: Do not share intimate photos, videos, or other media of someone that was produced or distributed without their consent, even if it otherwise adheres to this policy;
No unwanted sexual advances: Do not make unwanted sexual advances and share content that sexually objectifies an individual without their consent. This includes sending someone unwanted sexual language, media, imagery, the sexual discussion of someone's body, or the solicitation of sexual acts.
No hacking or posting harms to FANBLAST, such as:
Do not take any action that imposes an unreasonable or disproportionally large load on the infrastructure of FANBLAST or our systems or networks, or any systems or networks connected to FANBLAST, including by "flooding" FANBLAST with requests;
Do not post any Content that contains any computer hardware or software, virus, Trojan horse, worm, spyware, or any other computer programming that may interfere with the operation of FANBLAST;
No infringement: Do not use FANBLAST (including any Content) in any manner that infringes others' intellectual property rights, such as:
Misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of FANBLAST or any third party;
Removes, obscures or modifies a copyright or other proprietary rights notice in FANBLAST;
Deciphers, decompiles, disassembles, reverse engineers, or attempts to conduct the foregoing any of the software comprising or in any way making up a part of FANBLAST;
Copies, modifies, reproduces, republishes, uploads, posts, transmits, translates, sells, exploits, distributes, or creates derivative works of any material from FANBLAST, in any manner or medium (including by email or other electronic means), unless explicitly authorized in this Agreement;
Frames or otherwise simulates the appearance or functions of FANBLAST or any portion thereof; or
Modifies, copies, sells, resells, rents, leases, loans, sublicenses, redistributes, or creates any derivative work of, any portion of FANBLAST, including any FANBLAST Content included on FANBLAST.
No Exploitation of FANBLAST, such as:
Do not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on FANBLAST, deep-link to any feature or Content on FANBLAST, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other similar measures, without our express permission; or
Do not harvest or scrap information manually on a mass basis (unless we have given you separate written permission to do so).
No Abuse of Personal Data, such as:
Do not collect, store or use any Personal Data (as defined in the Privacy Policy ) about other Users without permission or in violation of applicable data protection laws;
Do not disclose private or proprietary information that you do not have the right to disclose; or
Do not post in public an email or private message from any other User, moderator or administrator.
No Harm to Minors. don't use FANBLAST in a way that harms minors (or anyone, really);
Message Content and/or links to content that features, shares, promotes or facilitates the sexual exploitation of children is strictly prohibited. This includes media, text, illustrations, computer generated images, and links to sites that contain this content.
When we become aware of content depicting or promoting child sexual exploitation, we will remove the responsible Account and report it to the appropriate law enforcement authorities.
No Spam/Competitive Advertising. Do not use FANBLAST for any purpose that constitutes unauthorized advertising (including any promotion of any other membership or on-demand payment platforms that allow Creators to sell subscriptions or otherwise charge fees for access to their Content), junk or bulk e-mails, chain letters, any form of lottery or gambling;
No Sharing Login Information . Do not share your login information with another individual in violation of Section 2 (Your Account); or
No Breach of Obligations : Do not violate additional acceptable use policy (where applicable), additional community guideline posted on FANBLAST, or other contractual or legal duties to a third party.
3.3 Non-discrimination Policy We want to build an inclusive community and want you to respect each other.
We want all Users to feel welcome and included on FANBLAST. Accordingly, we prohibit discrimination against Users, guests, or our personnel based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local laws. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on FANBLAST. We will, at our discretion, take steps to enforce this non-discrimination policy, up to and including suspending from FANBLAST those Users who violate this policy. If you experience discrimination with any User(s), please contact support at the "Contact Us" information provided at the end of this Agreement, with the subject "Non-discrimination Policy ," so we can investigate and take appropriate measures.
3.2 Interactions with Other Users. If you choose to use features in FANBLAST that allow you to interact with other Users of the FANBLAST community, you are responsible for how you interact with them. We ask that you act in a courteous manner to others and exercise good judgement.
You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to comments, challenges, call-to-attention, and friendly competition. We ask that you act in a courteous manner to others and exercise good judgment. You should take precaution of not sharing or posting your sensitive Personal Data or proprietary information when you interact with other Users through FANBLAST. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We do not control what Users do or say and we aren't responsible for their (or your) actions or conduct (whether online or offline) and we assume no responsibility or liability for any loss or damage arising from, attributing to, or resulting from any interaction with other Users or other individuals who access FANBLAST, individuals you meet through FANBLAST, or individuals who find you because of User Content posted on, by or through FANBLAST.
3.3 Non-discrimination Policy . We want to build an inclusive community and want you to respect each other.
We want all Users to feel welcome and included on FANBLAST. Accordingly, we prohibit discrimination against Users, guests, or our personnel based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local laws. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on FANBLAST. We will, at our discretion, take steps to enforce this non-discrimination policy, up to and including suspending from FANBLAST those Users who violate this policy. If you experience discrimination with any User(s), please contact support at the "Contact Us" information provided at the end of this Agreement, with the subject "Non-discrimination Policy ," so we can investigate and take appropriate measures.
3.4 Prohibited Items. We do not tolerate any Content that promotes, supports, or glorifies hatred, illegal activities, or materials that could pose harms to others, including without limitation:
Underage drinking to Users under age 21 in the U.S.;
Use or sale of tobacco to Users under age 21 or illegal drugs;
Hazardous Materials (e.g., explosives, flammable items, toxic substances, radioactive materials);
Guns, firearms, or other weapons that could inflict harm including patterns, designs, plans, or instructions (but excluding kitchen knives, letter openers, and toy slingshots);
Items that have been recalled by governments or manufacturers, and that may pose a health or safety hazard;
Items that promote, support, or glorify violence or self-harm;
Items that promote, support, or glorify hatred;
Items that promote illegal activities (such as counterfeit goods, or materials for faking drug tests) and highly regulated activities (such as lottery tickets, cryptocurrency, mortgage finance, or license plate covers);
Nudity and mature content, including any BDSM items;
Pyramid schemes, gambling, or other illegal activities; or
Certain animal products created using any endangered or threatened animal species (such as ivory) and human remains.
We reserve the right, but are not obligated, to remove Content that we determine in our sole discretion is not within the spirit of this Section, other terms of this Agreement, or values of our FANBLAST community. We can also refuse to provide or stop providing all or part of FANBLAST to you (including terminating or disabling your access to FANBLAST) immediately to protect our Users, our services, if you violate this Agreement, or where we are permitted or required to do so by law.
3.5 Compliance with Laws. We have the right to monitor Creators and Content and their compliance with these Terms of Service and applicable laws, including but not limited to compliance with
The FTC Guides Concerning Use of Endorsements and Testimonials in Advertising (the "FTC Guides ") available at https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255 and https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf; and
The FTC's Disclosures 101 for Social Media influencers (found at https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf) (last accessed June 26, 2023).
We have the right to address noncompliant uses and/or publications of the Content (as determined by us in our sole discretion) by taking any of the following actions alone or in combination: (a) requiring you to fix the Content; (b) fixing the Content on our own or through an agent; (c) suspending or withholding payment (or any portion thereof) according to the "How We Manage and Process Payment" section in Section 14.1 (Addendum for Creators) below; and/or (d) terminating your Account. Without limiting the generality of the foregoing, at our request, Creator agrees to immediately remove or modify (as instructed by us) any Content or portion thereof that we determine in our sole discretion is not in compliance with these Terms of Service or the FTC Guides.
Finally, export laws and regulations of the United States and other applicable jurisdictions may prohibit us from conducting business with certain Creators. For more details, please refer to Section 13.8 (Export Controls).
4. Your Content, Feedback, and Referral
SUMMARY: We strive to deliver a great experience to improve your experience as a User of the FANBLAST community. Therefore, we respect each other's intellectual property rights.
Content that you generate, upload, submit, or otherwise provide to FANBLAST in its original form and in any media is known as "User Content." All Content that is not User Content is known as "FANBLAST Content."
4.1 User License to FANBLAST. You are responsible for and own your Content, but you grant us the following license to use your Content:
4.1.1 Right to User Content
You grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to (i) use, copy, host, modify, adapt, prepare derivative works of, distribute, store, perform, translate, and display your Content and any name, username, messages, voice, or likeness provided in connection with your Content in all media formats and channels now known or later developed anywhere in the world, and (ii) use User Content for any business purpose in connection with operating, providing, and improving FANBLAST or any other FANBLAST product or service. This license remains in effect even if you stop using FANBLAST.
You acknowledge that once your Content is posted on FANBLAST, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your Account at any time, but you acknowledge that deleting your Account will not by itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of this Agreement or by third parties prior to the deletion of your Account.
You understand and agree that all Content added to your "Creator" Account, shall comply with Section 3 (Acceptable Conduct) and other terms of this Agreement, is subject to our prior review and approval, and cannot be deleted or materially modified without our prior written consent (which may be withheld or granted at our sole discretion).
4.1.2 Users' Responsibilities. You are solely responsible for your Content. We take no responsibility for and do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. Although we have no obligation to screen, edit, or monitor your Content, we may, at our sole discretion, delete or remove your Content at any time and for any reason, including for violating terms of this Agreement, our Privacy Policy , and additional FANBLAST policies that may be made available to you from time to time via FANBLAST, or because such Content is likely to create liability for us.
4.2 FANBLAST License to Users. FANBLAST Content is protected by copyright, trademark, patent, and other applicable laws. FANBLAST and FANBLAST Content are copyrighted as a collective work under United States copyright laws and are protected by other laws. Trademarks, logos, and service marks displayed on FANBLAST are registered and/or unregistered trademarks owned or licensed by us, our licensors or content providers, or other third parties. You acknowledge that we are the exclusive owner of FANBLAST, our logos, marks, copyrighted materials, inventions know-how, potentially patentable business methods, phrases, trade names, HTML code and/or other computer code and/or scripts, which constitute FANBLAST Content. We also claim ownership rights under the copyright and trademark laws with regard to the "look," "feel," "appearance", and "graphic function" of FANBLAST, including but not limited to its color combinations, sounds, layouts, and designs. Any unauthorized use of the foregoing and violation of Section 3.1 (Prohibited Conduct) is strictly prohibited and may be prosecuted to the fullest extent of the law.
Provided that you comply with all your obligations under the Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to view, access, and use FANBLAST and any FANBLAST Content to the extent permitted by this Agreement and other applicable laws and policies. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of ours or any third party, except as expressly provided in the Agreement. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of FANBLAST Content. All rights not otherwise expressly granted by the Agreement are reserved by us.
If you believe any User Content or FANBLAST Content infringes copyright or trademark under U.S. or other national laws, please notify us immediately in writing to the contact information immediately following this paragraph that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 ("DMCA "):
Digital Blast GmbH
Attn: DMCA Notice
4.3 Feedback. We are free to use your Feedback without any restriction of any kind as long as we do not attribute you as the source.
We appreciate any ideas, suggestions, documents, and/or proposals that you want to share with us through "Contact us", or other similar pages on FANBLAST, or through our social media pages (collectively, "Feedback"). By submitting your Feedback, you agree that it is provided on a non-confidential basis (unless otherwise agreed to or required by laws). Therefore, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of FANBLAST.
4.4 Referrals. We hope that you like FANBLAST and tell your friends and communities about us.
If you enjoy FANBLAST, we encourage you to share your experience with us and your friends and communities ("Referral"). If you choose to use the features in FANBLAST to let a friend know about FANBLAST, we need you to provide your contact's email address, social media profile, or other contact information, so that we may reach out and tell such individual about us. We may store this information for a limited period of time, but we will not display it publicly.
You represent and warrant that you have all rights necessary, including any required consent, to submit the Feedback or provide your contact's information to us in order to make the Referral.
5. Privacy and Security
SUMMARY: Your information is important to you and use. Let's work together to keep it confidential, safe, and secure.
5.1 Privacy. The FANBLAST Privacy Policy describes how we collect and use Personal Data about you through FANBLAST and is incorporated in the Agreement by this reference. We, and our third party service providers may use your Personal Data to provide services to you, and on an aggregated or anonymized basis for other purposes, including to improve FANBLAST and FANBLAST Content during or after the term. If you interact directly with a User at another platform outside FANBLAST, such interaction will be subject to their privacy policy in connection with such interactions.
5.2 SMS Text Message or other communications. In connection with your registration to chat or otherwise interact with other Users, you may sign up for receiving calls or text messages (SMS and MMS) from us or authorized third parties through registration, texting a designated shortcode, or scanning any QR code made available to you through FANBLAST. BY SIGNING UP FOR INTERACTIVE MESSAGING, YOU AGREE AND CONSENT TO RECEIVING MESSAGES AT THE TELEPHONE NUMBER YOU PROVIDE DURING REGISTRATION, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST).
You represent and warrant that you are eighteen (18) years of age or older and the primary owner of the telephone number provided. You understand and acknowledge that such calls or text messages may be for telemarketing and advertising purposes relating to your use of or access to FANBLAST (e.g., promotions, call-to-action from Creators or other Users, sweepstakes information, or special promotions from a FANBLAST User) or operational purposes (e.g., registration, purchase, or delivery confirmations). You understand and acknowledge that such messages may be sent by us or our third-party service providers using an automatic telephone dialing system or other automated means (e.g., automated text and/or artificial and/or pre-recorded messaging), and that message and data rates may apply. Consent is not required to access or browse FANBLAST, unless you choose to interact with other Users (including without limitation the "chat with me" function and staying up-to-date with other User's call-to-action or other announcements via FANBLAST). Message and data rates may apply. MESSAGE FREQUENCY VARIES AND MAY BE SENT AT ANY TIME OF DAY, INCLUDING ON WEEKENDS OR HOLIDAYS.
Unsubscribe at any time by replying stop or clicking the unsubscribe link (where available). Text help for help. To the maximum extent permitted by laws: (i) all information contained in SMS text messages is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; and (ii) we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the receipt, use, failure of, or inability to use, SMS text messages. After opting out of receiving text messages, you can re-enroll in any text messaging program available through FANBLAST by following the instructions for that program. By signing up, you agree to these terms relating to SMS, MMS, or push notifications, as well as our Privacy Policy , which are incorporated herein by reference and can be viewed at the links provided.
5.3 Security. While there is no such thing as 100% security, we endeavor to take reasonable steps to help ensure the safety of your Personal Data. However, the safety and security of your Personal Data also depends upon you. You agree to: (i) have in effect and maintain appropriate administrative, physical, and technical safeguards that are designed to prevent any unauthorized access, destruction, loss, disclosure, or compromise of Personal Data and (ii) comply with applicable laws and regulations, including data security and privacy laws, rules, and regulations. You must treat your username, password or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you. You agree not to provide any other person with access to FANBLAST or portions of it using your username, password or other security information and further agree to not solicit, store, collect, or use FANBLAST login credentials of other Users. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other Personal Data. We do not represent or warrant that Personal Data about you will be protected against loss, misuse, unauthorized access, or alteration by third parties.
We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your Personal Data. We may also report to other organizations about improper or unlawful activities by our Users, and this reporting may include disclosure of Personal Data relating to those individuals conducting such improper or unlawful activities.
6. Warranties and Disclaimers
SUMMARY: We need your commitment that you only post Content that you have permission to share with the FANBLAST community. Further, while we strive to deliver a great experience for all Users, there are the things that we have no control over and therefore cannot be responsible for.
6.1 Representations and Warranties by Creator.
Creator represents and warrants that: (i) it is of legal and consenting age to enter into these Terms or has the permission of a lawful parent or guardian to enter into these Terms; (ii) it will perform its obligations hereunder in accordance with all applicable laws, rules, and regulations; (iii) other than elements provided by us, the Content shall be Creator's own original work, created solely by Creator, and will not defame any third party or violate or infringe upon any third party rights, including, without limitation, intellectual property rights and rights of publicity and privacy, and any obligations of confidentiality; (iv) there will be no restraint or limitation upon our right to use the Content and the Content therein (including Creator's Likeness) in accordance with these Terms; (v) Creator will not use any third party Content or proprietary materials (including logos, names, images, etc.) in the Content without first obtaining all necessary rights and licenses for use including our express written consent (as necessary); (vi) Creator will not disparage or denigrate us, our products or services, or its association with FANBLAST; and (vii) other than elements provided by us, the Content shall comply with any brand guidelines, or usage restrictions provided by us.
6.2 Disclaimers:
6.2.1 General. FANBLAST IS PROVIDED FOR ENTERTAINMENT, EDUCATIONAL, AND PROMOTIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANBLAST IS PROVIDED "AS IS" AND "AS AVAILABLE", AND AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS MEANS THAT WE MAKE NO WARRANTY OR PROMISES THAT:
FANBLAST WILL MEET YOUR REQUIREMENTS;
FANBLAST WILL BE AVAILABLE AT ANY PARTICULAR TIME, TIMELY, UNINTERRUPTED, OR ERROR-FREE;
ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY WILL BE CORRECTED OR VIRUS-FREE;
ANY CONTENT OR INFORMATION FOUND ON FANBLAST WILL BE ACCURATE, UP-TO-DATE, OR RELIABLE;
FANBLAST OR THE INFORMATION TRANSMITTED TO OR FROM THEM OR STORED ON THEM WILL BE SECURE FROM UNAUTHORIZED ACCESS;
INFORMATION AND CONTENT THAT YOU STORE IN YOUR ACCOUNT OR ON FANBLAST WILL REMAIN RETRIEVABLE AND UNCORRUPTED; OR
THE QUALITY OF INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH FANBLAST WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6.2.2 No Legal, Medical, or other Professional Advice. We are not lawyers, doctors, provider of healthcare or telehealth services, psychologists or psychiatrists, or other licensed professionals, and do not provide any type of legal, medical, accounting, engineering, product design, or other advice. Nothing contained in FANBLAST should be construed as such advice or diagnosis. The Content or information displayed on FANBLAST should not be interpreted as a substitute for professional consultation, evaluation, or treatment, and the information made available on or through FANBLAST should not be relied upon when making legal, engineering, product design, or other decisions, or to diagnose or treat a health condition or illness. NO ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP IS FORMED BETWEEN THE PARTIES. ANY AND ALL SERVICES PROVIDED BY, IN AND/OR THROUGH FANBLAST (INCLUDING BUT NOT LIMITED TO CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY.
6.2.3 No Reliance on Information Posted. The information presented on or through FANBLAST is made available solely for general information purposes. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through FANBLAST and we will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services including, without limitation, Creators. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to FANBLAST, or by anyone who may be informed of any of its contents. FANBLAST may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
6.3 Success Stories Not Guaranteed . Success stories posted by Users or us on FANBLAST may not represent typical or even accurate results obtained from any particular techniques, know-how, or tips. While we enable and encourage Users to communicate with one another, we are not responsible for monitoring such information and communications. Additionally, we cannot and do not represent or warrant that any Users of FANBLAST are licensed, qualified, insured or capable of performing any product or services, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any vendor, or the suitability, reliability or accuracy of the products and services they provide.
7. Limitation of Liability
SUMMARY: We need to manage our risks. If you suffer any losses as a result of your use of FANBLAST, our payment to you is limited to the amount that we have earned during the last 12-month of your use of FANBLAST.
7.1 DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS ("FANBLAST PARTIES ") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT OR USE OF FANBLAST, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, INCOME OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF GOODWILL OR REPUTATION, BREACH OF DATA OR SYSTEM SECURITY, PERSONAL OR BODILY INJURY, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OR INABILITY TO USE FANBLAST OR CONTENT; (2) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES, (3) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, MESSAGES, AND/OR PERSONAL DATA, OR (4) ANY OTHER MATTER RELATED TO THIS AGREEMENT OR FANBLAST, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAWS, THE FANBLAST PARTIES' LIABILITY TO A USER IN THE AGGREGATE SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100 USD) OR THE AMOUNT WE HAVE EARNED FROM SUCH USER THROUGH ITS USE OF FANBLAST IN THE TWELVE MONTHS LEADING UP TO THE DATE THE CLAIM AROSE.
7.3 Release. You agree to release the FANBLAST Parties from any and all liability and obligations whatsoever in connection with or arising from your use of FANBLAST. If at any time you are not satisfied with FANBLAST or object to any Content or other material within or on FANBLAST, your sole and exclusive remedy is to immediately stop using and otherwise accessing FANBLAST.
7.4 Limitation period. Any claim related to THIS AGREEMENT or FANBLAST may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred.
7.5 EXCEPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR LIMITATIONs OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAWS.
8. Indemnification
SUMMARY: If we get sued because of your use of FANBLAST, your Content, or your conduct in interacting with other Users, you are responsible to pay for it.
8.1 Indemnity from Creators. Creator will defend, indemnify and hold harmless the FANBLAST Parties from and against any and all costs, liabilities, demands, claims, suits, actions, damages, losses, judgments and expenses, including without limitation, attorneys' fees (collectively, "Damages ") arising out of or related to: (a) any breach or alleged breach of Creator's obligations, warranties, representations, or responsibilities under these Terms of Service; (b) Creator's Content or its use of FANBLAST; (c) Creator's development, production, distribution, operation, or exploitation of the Content, including but not limited to, Creator's failure to comply with applicable consent or disclosure requirements under applicable laws, such as the FTC Endorsement Guidelines, (d) Creator's negligence, gross negligence, willful misconduct, or fraud, or (e) any unauthorized use, disclosure, or infringement of any person's or entity's privacy, intellectual property or proprietary rights. We may, at our election, assume the defense, settlement or other resolution of such claim with counsel of our own choosing, at Creator's cost and expense. This defense and indemnification obligation will survive the Creator's use of FANBLAST and any termination of the Privacy Policy or this Agreement.
8.2 Indemnity From other Users. You agree to indemnify and hold the FANBLAST Parties harmless from and against any and all Damages arising from or in connection with: (i) the use or inability to use FANBLAST or any Content; (ii) your breach or violation of the Agreement or any other guidelines or agreements referenced in the Agreement, (iii) any information or Content you provide to FANBLAST (including any information your provide to us as part of a contact form, Feedback, or User Content) or in connection with your use of FANBLAST; (iv) your violation of any rights of any third party, including privacy and intellectual property rights; (v) your negligence, gross negligence, willful misconduct, or fraud, or (vi) your participation in any community events sponsored by us, including your use of any equipment or facilities. This defense and indemnification obligation will survive the Your use of FANBLAST and any termination of the Privacy Policy or this Agreement.
8.3 Release by California Residents. If you are a California resident or could otherwise claim the protections of California laws, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor." You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any laws of any jurisdiction of similar effect with respect to your release of any claims you may have against us or FANBLAST.
9. Governing Laws; Dispute Resolution
SUMMARY: If you have any concerns, we encourage you to bring them up to us. Any disputes you have with FANBLAST will be resolved through binding arbitration in your individual capacity in Hamburg, Germany, under the German law.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE BOTH PARTIES TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
9.1 Governing Law . The laws of the State Germany will govern this Agreement, without giving effect to any principles of conflicts of laws. To the extent the Parties are permitted under this Agreement to initiate litigation in a court, you agree that any action arising out of this Agreement or your use of FANBLAST shall be brought in state or federal court in the Hamburg, Germany and you consent to the jurisdiction of such courts.
9.2 Mandatory Pre-Arbitration Notice. For any dispute you have with any FANBLAST Parties, you agree to first contact us and make a good faith attempt to resolve the dispute with us informally. Therefore, if you intend to initiate arbitration, you must first send us a written Notice of Dispute ("Notice "). A Notice from you to us must be emailed to info@fanblast.com(the "Notice Address "). Any Notice must include (i) the claimant's name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the services, including whether you have created an Account; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute. After receipt of a completed Notice, the Parties shall engage in a good faith effort to resolve the dispute for a period of 60 days. If the Parties cannot reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received, a Party may commence an arbitration proceeding. Compliance with this "Mandatory Pre-Arbitration Notice" section is a condition precedent to initiating arbitration.
9.3 CLASS ACTION AND JURY TRIAL WAIVER . YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. THIS MEANS THAT YOU MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by laws. Your written notification must be mailed, emailed, or delivered to us at the address or email address listed in Section 13.11 (Contact Us) within 30 days after you have signed or accepted this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.
10. Third-Party Sites & Content
SUMMARY: We do not have control over websites or content provided by a third party.
As an accommodation to you and our other visitors, FANBLAST may contain links to third party site, advertisers, websites, special offers or other events or activities (collectively, "Third-Party Site ") that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Site, nor do we endorse such Third-Party Site. If you access a Third-Party Site in the course of using FANBLAST, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such Third-Party Site. You expressly relieve the FANBLAST Parties from any and all liability arising from your use of any Third-Party Site or third party-owned content. We do not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via FANBLAST ("Third-Party Content "). Any Third-Party Content placed on FANBLAST is the view and responsibility of those who post those comments, opinions, or statements, and does not necessarily represent our views.
11. Suspension and Termination
SUMMARY: Here's what we have to do if we part ways or if we have to modify, suspend, or terminate your access.
11.1 Suspension. You acknowledge and agree that we may, under certain circumstances, immediately suspend your access to FANBLAST or any part thereof, including, without limitation, for the following reasons: (a) your breach or violation of this Agreement or other terms or guidelines referenced in this Agreement; (b) our discontinuance or modification to FANBLAST; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or I your engagement in fraudulent or illegal activities. You further agree that any such actions may be taken without notice to you, in our sole discretion, and without liability to you or any third party.
11.2 Term and Termination. This Agreement is effective unless and until terminated by us or you. We may, in our sole discretion, terminate your use of FANBLAST or any part thereof, if you fail to comply with any term of provision of this Agreement. You may terminate this Agreement at any time by discontinuing all use of FANBLAST. We may also terminate your access to all or part of FANBLAST, without notice, for any conduct that we, in our sole discretion, believe is disruptive to FANBLAST (or other Users) or is in violation of any applicable laws or this Agreement. We may not provide you with any notice beforehand when we take any of these actions. We shall in no way be held liable for any consequence which results from any decision to modify or discontinue providing FANBLAST. To the extent we terminate your access to FANBLAST due to your breach of this Agreement, a User will receive payment due subject to Section 3.5 (Compliance with Laws). Termination or cancellation of this Agreement shall not affect any right or relief to which either Party may be entitled at law or in equity. Upon termination, you must terminate all use of FANBLAST and destroy all materials, including any FANBLAST Content and all copies thereof.
12. Updates
SUMMARY: FANBLAST is constantly evolving. With the launch of new products and features, we need the flexibility to make changes, update this Agreement, impose limits, and occasionally alter certain aspects of FANBLAST.
We reserve the right to modify this Agreement at any time, effective upon posting. You can tell when changes have been made to this Agreement by referring to the "Last Updated" legend on top of this page. We will provide you with advance notice of a major change. For example, we may: (i) require that you reaccept the updated version of this Agreement; (ii) send you an electronic notification advising of the update to this Agreement; or (iii) include a notice on FANBLAST. We do not ordinarily provide advance notice of a minor change. We encourage you to check this Agreement every time you visit FANBLAST.
Your continued use of or access to FANBLAST, and/or utilization of any FANBLAST Content after this Agreement have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of this Agreement.
13. Miscellaneous; General Information
SUMMARY: there's a few more things we need to say before you can use FANBLAST.
13.1 Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither Party will prevent or inhibit in any way the other Party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other Party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable laws relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
13.2 Access from Outside of the United States. FANBLAST and FANBLAST Content is hosted in Europe and is governed by the laws of the Germany. If you are using FANBLAST from outside the European Union, please be aware that your information may be transferred to, stored and processed in the European Union where our servers are located, and our central database is operated. The data protection and other laws of Germany and other countries might not be as comprehensive as those in your country. However, whenever we transfer your information outside of a country or region, such as the United States of America, we will make sure that we take steps to comply with applicable legal requirements as necessary. By using FANBLAST in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the European Union.
13.3 Assignment. You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without our prior, written consent. Any assignment in violation of this Section is null and void.
13.4 Notice. We may provide any notice to you under this Agreement by sending a message to the email address you provide, or by posting to FANBLAST. Notices we provide by posting will be effective upon posting. To give us notice under this Agreement, you must use the "Contact Us" information provided at the end of this Agreement to deliver notice via email or personal delivery, overnight courier, or registered or certified mail. We may update the email address or mailing address for notices to us by posting a notice on FANBLAST. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
13.5 Entire Agreement/Severability. This Agreement, together with the Privacy Policy, Content Guidelines, and any referenced policies (which we may amend from time to time), including any amendments and any additional agreement you may enter into with FANBLAST in connection with FANBLAST, shall constitute the entire agreement between the Parties concerning FANBLAST and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between the Parties with respect to such subject matter. If any portion of this Agreement is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
13.6 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, pandemic, epidemic, health crisis declared by government authorities, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, denial of service attack, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
13.7 No Waiver. No waiver of any term in this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
13.8 Export Controls. Export laws and regulations of the United States and other applicable jurisdictions may prohibit us from conducting business with certain Creators. Additionally, the United States Department of Treasury Office of Foreign Assets Control ("OFAC ") has implemented many economic or financial sanctions programs that could prevent us from sending funds or information to Creators in certain countries. A list of active OFAC sanction programs is available at https://ofac.treasury.gov/sanctions-programs-and-country-information. You represent, warrant, and covenant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (ii) on any of the U.S. government lists of restricted end users. Your use of FANBLAST constitutes your acknowledgement of OFAC sanctions programs and agreement that you, as a Creator, will either forego using FANBLAST or obtain (and provide us with proof of) an exemption using the appropriate channels if any OFAC sanctions programs impact your use of FANBLAST. You represent and warrant that your use of FANBLAST will not violate any regulations administered and enforced by any OFAC sanctions program, and you shall not permit any Users to access or use FANBLAST in violation of applicable export control regulations.
13.9 Section Headings. The section headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.
13.10 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using FANBLAST and FANBLAST Content and all provision indicating an ongoing obligation, which include but are not limited to Sections 3 (Acceptable Conduct), 4 (Your Content, Feedback, and Referral), 6 (Warranties and Disclaimers); 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Laws; Dispute Resolution), 11 (Suspension and Termination), and 13 (Miscellaneous; General Information), shall survive any termination or expiration of this Agreement, but shall not imply or create any continued right to use FANBLAST after the termination of this Agreement.
13.11 Contact Us. All feedback, comments, requests for technical support and other communications relating to FANBLAST should be directed to:
Digital Blast GmbH
Reeperbahn 1 (Tanzende Türme)
D-20359 Hamburg
Germany
E-Mail: info@fanblast.com
Commercial register: Hamburg Court of Registration
Registration number: HRB 165158
14. Service Addendum
Summar: This Service Addendum ("Addendum") forms a part of the Terms of Service between us and Users and governs Users' access to and use of certain features of FANBLAST. Capitalized terms not defined below will have the same meaning as provided in the underlying Terms of Service .
14.1 Addendum for Creators
14.1.1 Your Account and Content. To become a Creator, you may simply apply through the FANBLAST website or app. Eligibility requirements and limitations apply as determined in our sole discretion. If we accept your application, then you'll be notified that you are a Creator on FANBLAST. Upon approval of your application to become a Creator, you can register a FANBLAST User ID and/or Account at no charge and cancel at any time in order to interact with your Fans through direct messaging and/or exclusive Content. Your Account as a Creator starts upon your acceptance of this Agreement at the time of registration. If you cancel or delete the Account, you may do so on your "My Account" page. However, if you delete your Account, you cannot reactivate it or retrieve any Content or information that you have added to your portal on FANBLAST. Therefore, if you choose to take a break, we recommend that you simply stop posting your Content, instead of deleting your Account. As a Creator on FANBLAST, you can interact with your Fans including
- A) using Creator tools that FANBLAST provides,
- B) showcasing your creations via posts to your Account,
- C) sending messages to your Fans,
- D) providing merchandise to Fans through FANBLAST's merchandise service,
- E) getting tips from Fans through “Direct Messages” to you as defined below, and
- F) receiving recurring revenue from Fans subscribing to “Memberships” of your page as defined below.
14.1.2 Interact with Your Fans. On FANBLAST, you can provide your Fans something exciting that gives them unique benefits, like exclusive engagement, early access to content, merchandise, and engaging experiences. In return, you will receive loyal support from your Fans and recurring revenue from the Memberships (as defined below), prepaid Direct Messages (as defined below), and other potential sources (where applicable). Content posted to your Account or sent through messages may include multiple pieces of media. You may choose to add your Content to your "Photo Vault" for easy access.
14.1.3 Memberships. Fans may pay a monthly fee to enroll in and maintain a membership subscription to your account ("Memberships"). We have the sole discretion to set the subscription fees for the Memberships. Creators may request adjustments to their subscription price, and we may choose to accept or reject these requests in our sole discretion. Note that we are not required to allow any particular person or group of persons to be your Fan(s). You may sort Fans with existing Memberships into "Fan Lists" to easily organize and view relevant data.
14.1.4 Direct Messaging . Your Fans may purchase the rights to connect with you via direct messages or other dynamic interactions via FANBLAST ("Direct Messages "). The minimum price for each Direct Message will be determined by us. Creators may request adjustments to the minimum price of their Direct Messages, and we may choose to accept or reject these requests in our sole discretion. You may choose to send messages to your subscribed fans, including message blasts (sent simultaneously to all subscribers) and planned messages (sent at a specified time in the future).
14.1.5 Locked Content. You may generate and send messages with pre-populated Content that is behind a paywall (each a "Locked Content ") to your Fans who maintain an Account and have subscribed to receive messages from you. You may set approved fees payable by your Fans in exchange for their access to the Locked Content. The minimum price for Locked Content will be determined by us. You may request adjustments to the minimum price for certain Locked Content, and we may choose to accept or reject these requests in our sole discretion.
14.1.6 Payment to Creators. We facilitate the payment process so that you are rewarded for your creative Content available to your Fans. We provide an interactive tool to enable you to manage and share your Content on FANBLAST, and enable your Fan to pay for direct interactions with you and in certain cases, Locked Contents on an exclusive basis.
Your Fees. On FANBLAST, Creators receive 80% of all fees earned through FANBLAST as a result of payment(s) by Fans for Memberships, Direct Messaging, Locked Content, and any other potential sources (where applicable) ("Creator Fees"). We will pay Creators the applicable Creator Fees approximately 30 days after the end of the applicable calendar month or as other payment schedule according to the plan(s) made available to certain Creators by FANBLAST. We keep the other 20% of every transaction on FANBLAST (the "FANBLAST Fee"). The FANBLAST Fees currently DO NOT include payment processing fees, but FANBLAST reserves the right to charge payment processing fees in the future. The FANBLAST Fee does not include any taxes, including, but not limited to income taxes on a Creator's earnings, which is the sole responsibility of each Creator. For more information, see "Tax" in the Subsection below. Depending on your Fans' locations, some banks may charge your Fans a foreign transaction fees for their Direct Messages and/or other interactions with Creator(s). FANBLAST does not control this charge, but it is typically around 3.0%. Please contact your bank for more information regarding the applicable foreign transaction fees.
How We Manage and Process Payments. We also handle payment processing issues such as fraud, chargebacks and resolution of payment disputes. We try to provide you timely access to your payment as described above in Section 14.1.6(i) (Your Fees ), but you may occasionally experience delays in receiving or accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked, we try to communicate the reason to you promptly. If you have questions about a payment that has been blocked, please contact us at info@fanblast.com. To protect Creators, we may block Fans' payments if we believe them to be fraudulent. Sometimes activities like refunds can put your Account's balance into the negative. If your balance becomes negative, then we reserve the right to recover those funds from future payments.
Tax. We collect tax identification information, W-9s (and other similar documentation), and report them to applicable tax authorities as legally required. You are required to complete any tax documentation we request and report any income as required by applicable law. All international, federal, state or other tax liabilities (including income taxes) arising from your use of FANBLAST will be your sole responsibility unless otherwise explicitly noted by us. You agree that we may deduct and withhold from any earned fees any sums, including all tax obligations, required to be withheld and/or paid by us to any governmental authority pursuant to any laws, statutes, ordinances, rules, judgments, or decrees now or hereafter in effect. We have the right to withhold taxes deemed appropriate in our sole discretion or if required, including, but not limited to, making double withholdings for the United States, and Creator's country of residence.
14.1.7 Promotions . A Creator may use FANBLAST to promote products, host contests, or organize sweepstakes (collectively, "Promotion "). You are solely responsible for ensuring that each Promotion complies with all applicable laws. This includes setting up the official rules, terms, and eligibility requirements, and complying with marketing and carrier regulations. Some laws in certain jurisdictions require that promotions may only be offered by a registered a 501(c)(3) charity.
Because legal requirements for Promotions can vary by location, you need to engage your own lawyer or other professional advisor to ensure you will not violate any applicable laws. We are not responsible or liable to you in any way if you use FANBLAST as part of your Promotion.
Your Promotion's official rules should expressly state that each entrant or participant completely releases FANBLAST from liability for all claims or disputes based on, related to, or arising from the Promotion. You must make clear through the presentation of your Promotion that your Promotion is in no way sponsored or endorsed by FANBLAST.
14.2 Addendum for Fans
14.2.1 Your Account as a Fan. To become a Fan, your Account starts upon your acceptance of this Agreement at the time of registration. After setting up your Account as a Fan, you can access special Content, directly interact with Creators they support using tools supplied by FANBLAST and engage with a greater FANBLAST User community through Memberships, and Direct Messages (as outlined below). If you cancel or delete the Account, you may do so on your "My Account" page. However, if you delete your Account, you cannot reactivate it or retrieve any Content or information that you have added to your portal on FANBLAST. Therefore, if you choose to take a break, we recommend that you simply stop using the Account, instead of deletion it.
14.2.2 Memberships. When you enroll in Memberships with a Creator you follow, you will receive a confirmation from FANBLAST containing the payment terms, FANBLAST's cancellation policy, and instructions on how to cancel. Each subscription is charged and automatically renewed monthly. Subscription prices may change at any time. You shall continue to pay the monthly subscription price that was listed at the time of your enrollment, regardless of subsequent pricing changes. You may cancel your monthly Memberships subscription to one or more Creators at any time through your Account settings. The cancellation will go into effect within 15 business days of when you cancel a subscription. You will retain access to a canceled subscription until the end of the then-current subscription term.
14.2.3 Exclusive Content and Direct Messaging. As a Fan, you may follow Creators, send Direct Messages (as defined in Section 14.1 above) to interact with your favorite Creators, or pay to access certain exclusive Locked Content made available by the Creators you support. BY FOLLOWING A CREATOR, YOU AGREE, ACKNOWLEDGE AND CONSENT THAT YOU MAY RECEIVE MESSAGES OR OTHER COMMUNICATIONS, INCLUDING SMS, MMS AND PUSH NOTIFICATIONS FROM SUCH CREATOR AS FURTHER ELABORATED IN SECTION 14.2.8 (RECEIVING CREATOR MESSAGES) BELOW. You may opt-out by following steps outlined in Section 9 (Your Choices to Control Your Information) of our Privacy Policy .
Each Creator may set his or her own rate for Direct Messages and Locked Content exclusive to its Fans. A Creator may also reserve the right to adjust their pricing at any time subject to certain minimum price set by us (where applicable). Some fees for Direct Messaging are charged on a pre-paid basis with no refunds.
14.2.4 Direct Messaging. After enrolling in Memberships with a Creator, you may purchase the right to connect with Creators through Direct Messages. Direct messages are charged on a pre-paid basis with no refunds and no guarantees of any kind (even if the Creator does not respond to one or multiple Direct Messages from you). Minimum Direct Message may be subject to change at any time. You will see the pricing details you purchase the "Direct Message". Also, within your Account as a Fan, you may view your billing history.
14.2.5 Locked Content. Creators that you follow may generate and send you messages with Locked Content (as defined in Section 14.1 above). To access the Locked Content, you agree to pay a pre-populated price included in the Locked Content messages. You may lose access to Content if your payment method fails, the Creator you follow blocks you, or when the Creator deletes his or her Account. We are not required to allow you to be a Fan of any particular Creator.
14.2.6 Payment Processing and Taxes. A Fan's payments for Memberships, Direct Messages and/or Locked Content, or other exclusive Content are charged and processed by our third-party payment processor. When you provide your payment credential(s) to pay for access to certain Content, you agree that you are permitted to use that payment credential and authorize us (and our third-party payment processor) to charge the full amount to the payment credential(s) you designate for the transaction. You are responsible for all service fees (including payment processing fees), third-party internet access charges, and taxes in connection with your use of FANBLAST. A Creator may change fees for Direct Messages and Locked Contents at any time. TO THE EXTENT PERMITTED BY LAWS, ANY AND ALL PAYMENTS MADE ON FANBLAST ARE FINAL, NON-CANCELABLE, AND NON-REFUNDABLE.
14.2.7 Payment Processor. You understand and acknowledge that we are not a payment processor and do not collect any donations or payments for product or services purchases directly. We use the services of a third-party payment processor ("Payment Processor "), to process donations or payments for product or services purchased. You acknowledge and agree that the use of a Payment Processor is integral to the services provided through FANBLAST. The Payment Processor manages the routing and processing of all required information from Fans to process donations and payments for product or services purchases including credit card and other financial information. We are not affiliated with the Payment Processor and neither we nor the Payment Processor is an agent or employee of the other.
In making a payment, you may be redirected to an external website operated by a Payment Processor. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any Payment Processor or its website or (ii) control any Payment Processor's collection or use of your Personal Data. You agree that any Personal Data provided by you or automatically collected from you by a Payment Processor will be governed by that Payment Processor's privacy policy and terms of use. You acknowledge and agree that we shall not be liable to you for any claims arising out of any act or omission on the part of the Payment Processor including, but not limited to, any lost, stolen, or incorrectly processed donations. We expressly disclaim any responsibility and liability for all services provided by a Payment Processor. If a transaction results in an overdraft fee from your card issuer due to you going over your credit limit or having insufficient funds in your Account, your card issuer may charge you a fee and you alone are responsible for that fee.
If you enter into a transaction with a Creator and have a dispute over the Content or services you purchased or, if applicable, any donation you make, we disclaim, and you release us from any liability arising from the transaction or for how the Creator used your payments and/or donations. Our only responsibility is to handle your payment transaction(s) through our Payment Processor. All payments are final unless otherwise required by law.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your Account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or relating to the transaction.
14.2.8 Receiving Creator Messages . In addition to Section 5.2 (SMS Text Message or other communications) , by registering your phone number with FANBLAST, you are agreeing to the following terms:
By following a Creator, you agree, acknowledge and consent that you may receive messages or other communications, including SMS, MMS and push notifications from such Creator.
We may send you messages related to your Account at the phone number that you provided to us, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST).
We may share your Account information (such as, Account ID and to the extent you choose to upload, the photo you upload to associate with your Account) with other FANBLAST Users that you agree to message with, instead of asking you for the same information again.
Each User alone (and not FANBLAST) is responsible for determining whether to receive messages via their FANBLAST Account and/or to the phone number he or she provides at the time of registration for the message from a Creator. THESE MESSAGES MAY BE FULLY OR PARTIALLY AUTOMATED AND MAY BE SENT AT ANY TIME OF DAY, INCLUDING ON WEEKENDS OR HOLIDAYS.
You are responsible for any messaging and data charges that may incur when messaging through FANBLAST (message and data rates may apply).
Your consent to receive messages is not a condition of any purchase.
FANBLAST Users may block you from messaging with them via FANBLAST at any time, for any reason, without notice.
FANBLAST may filter messages from reaching a User for various reasons, including reasons based on a User's settings of its FANBLAST Account and whether such messages violate use restrictions set forth in this Agreement.
Some messages may not be delivered (e.g., if there is an outage on FANBLAST or if a carrier blocks content).
Messages sent via FANBLAST may contain links to third-party websites or apps, which may be subject to different terms and conditions and privacy practices. For details, please refer to Section 10 (Third Party Sites & Content) of this Agreement.
You will use only your own phone number or Account when messaging through FANBLAST. If we discover that you did not use your own phone number or Account, we may suspend or terminate your Account access at any time.
If you change or deactivate the phone number or Account you used when signing up to receive messages from a FANBLAST, you will email us at info@fanblast.com within 72 hours to update or remove your information.
15. Consent to Collect Technical Data
SUMMARY: We use session replay software to record your interactions when you use FANBLAST and collect certain technical data. The following describes the technical data collected through Session Replay Software and how it may be used. By using FANBLAST, you are consenting to the collection and use of information using session replay software.
15.1 User Consent to Session Replay Software . We use Datadog Session Replay ("Datadog ") and other similar technologies (together, "Session Replay Software ") which may enable FANBLAST to review, analyze, capture and visually replay the web browsing experience of users. Such technologies may record your clicks, mouse movements, scrolling, form fills (keystrokes) in certain fields, page response times, length of visits to certain pages, pages visited and consent, time on site, web browser, operating system, device type, IP address, and similar metadata ("Usage Data "). Such Session Replay Software does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. We leverage Usage Data to assess how you use and interact with FANBLAST to enhance user experience, analyze performance on traffic on FANBLAST, and improve and market our products and services. The information collected by Session Replay Software is anonymized and no Personal Data will be captured through these session recordings.
By visiting and/or using FANBLAST, you hereby consent to the use of Datadog and/or other Session Replay Software, our collection of Usage Data, and the recording of your experience on FANBLAST being accessed, collected, stored, and otherwise processed by us and our third-party service providers as set forth in our Privacy Policy.
Fanblast Content Guidelines
Last Updated: May 20, 2024
FANBLAST strives to maintain a safe and brand-friendly environment for creators and fans to engage together. Help us foster this community by following our Terms of Service as well as the following guidelines.
Follow the law.
FANBLAST is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling non-medical or pharmaceutical drugs are also not allowed. We also remove content that attempts to trade, co-ordinate the trade of, donate, gift, or ask for non-medical drugs, as well as content that either admits to personal use (unless in the recovery context) or coordinates or promotes the use of non-medical drugs. FANBLAST also prohibits the sale of live animals between private individuals, though brick-and-mortar stores may offer these sales. No one may coordinate poaching or selling of endangered species or their parts. Remember to always follow the law when offering to sell or buy other regulated goods. Accounts promoting online gambling, online real money games of skill or online lotteries must get our prior written permission before using any of our products. We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others.
Refrain from posting harmful/sensitive content.
Do not post content that promotes illegal activities (such as promoting counterfeit goods, or materials for faking drug tests). Do not post content that promotes using any endangered or threatened animal species (such as ivory) or human remains. Do not impersonate other individuals or spread misleading information through deep-fake tools, voice-cloning software or other similar AI-enabled technologies. Do not share or post sensitive personal data or proprietary information.
Share only photos and videos that you've taken or have the right to share.
As always, you own the content you post on FANBLAST. Remember to post authentic content, and don't post anything you've copied or collected from the Internet that you don't have the right to post.
Post photos and videos that are appropriate for a diverse audience.
We know that there are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don't allow nudity on FANBLAST. This includes photos, videos, and some digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some photos of female nipples, but photos in the context of breastfeeding, birth giving and after-birth moments, health-related situations (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest are allowed. Nudity in photos of paintings and sculptures is OK, too. People like to share photos or videos of their children. For safety reasons, there are times when we may remove images that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways.
Foster meaningful and genuine interactions.
Help us stay spam-free by not artificially collecting Fans, posting repetitive content (including comments), or repeatedly contacting people for commercial purposes without their consent. don't offer money or giveaways of money in exchange for Fans, comments or other engagement. don't post content that engages in, promotes, encourages, facilitates, or admits to the offering, solicitation or trade of fake and misleading user reviews or ratings. You don't have to use your real name on FANBLAST, but we do require FANBLAST users to provide us with accurate and up to date information. don't impersonate others and don't create accounts for the purpose of violating our guidelines or misleading others.
Respect other members of the FANBLAST community.
We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly. Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
Maintain our supportive environment by not glorifying self-injury.
The FANBLAST community cares for each other and is often a place where people facing difficult issues such as eating disorders, cutting, or other kinds of self-injury come together to create awareness or find support. Encouraging or urging people to embrace self-injury is counter to our environment of support, and we'll remove it or disable accounts if it's reported to us. We may also remove content identifying victims or survivors of self-injury if the content targets them for attack or humor.
Be thoughtful when posting newsworthy events.
We understand that many people use FANBLAST to share important and newsworthy events. Some of these issues can involve graphic images. Because so many different people and age groups use FANBLAST, we may remove videos of intense, graphic violence to make sure FANBLAST stays appropriate for everyone. We understand that people often share this kind of content to condemn, raise awareness or educate. If you do share content for these reasons, we encourage you to caption your photo with a warning about graphic violence. Sharing graphic images for sadistic pleasure or to glorify violence is never allowed.
Help us keep the community strong:
- Each of us is an important part of the FANBLAST community. If you see something that you think may violate our guidelines, please report this to us at info@fanblast.com. We have a team that reviews these reports and works as quickly as possible to remove content that doesn't meet our guidelines. Even if you or someone you know doesn't have an FANBLAST account, you can still file a report. When you complete the report, try to provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly. We may remove entire posts if either the imagery or associated captions violate our guidelines.
- You may find content that you don't like, but doesn't violate our guidelines. If that happens, you can unsubscribe to (as a fan) or block (as a creator) the person who posted it. If there's something you don't like in a comment on one of your posts (as a creator), you can delete that comment.
- Many disputes and misunderstandings can be resolved directly between members of the community. If one of your photos or videos was posted by someone else, you could try commenting on the post and asking the person to take it down. If that doesn't work, you can file a copyright report. If you believe someone is violating your trademark, you can file a trademark report. don't target the person who posted it by posting screenshots and drawing attention to the situation because that may be classified as harassment.
- We may work with law enforcement, including when we believe that there's risk of physical harm or threat to public safety.
Privacy Policy
1. OUR PRIVACY POLICY
The social media platform FANBLAST for web and mobile is operated by Digital Blast GmbH ("FANBLAST" / "we" /"us").
The protection of your personal data is a central concern for us. Within the framework of this dataprotection declaration, we therefore inform you about the type, scope and purpose of the collection, processing and use of your personal data.
We collect, process and use your personal data exclusively in accordance with the principles described below and the requirements of the EU General Data Protection Regulation ("GDPR") and the Federal Data Protection Act.
Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). This includes in particular so-called inventory data such as your name and email address, which are collected by FANBLAST on the web or in the app during registration, but also usage data, such as information about the time of platform use, browser, the app version you use, and other data generated during use.
2. WHO ARE WE?
FANBLAST is operated by Digital Blast GmbH, Reeperbahn 1, 12OG., 20359 Hamburg, Germany.
If you have any questions regarding data protection at FANBLAST, you can contact us atinfo@fanblast.com or via our data protection officer:
Jörn Schipplick, Reeperbahn1, 20359 Hamburg, Germany, e-mail: privacy@digitalblast.com
The competent supervisory authority for FANBLAST is:
The Hamburg Commissioner for DataProtection and Freedom of Information
Ludwig-Erhard-Straße 22, 7th floor
20459 Hamburg
Germany
Phone: +49 40/42854-4040
Fax: +49 40/42854-4000
E-mail: mailbox@datenschutz.hamburg.de
Homepage: https://datenschutz-hamburg.de/
3. TO WHOM DOES THE PRIVACY POLICY APPLY?
This privacy policy is intended for visitors to our FANBLAST portal (web, app) as well as visitors who access our services via third-party websites that embed our service, regardless of the system they use to access them (mobile, desktop).
4. WHAT PERSONAL DATA DO WE COLLECT FROM YOU?
We collect your personal data when you create an account with us.
When you use our services, we collect, use, store and transfer various types of personal data. As a matter of policy, we do not collect or ask you to provide "special categories of personal data," i.e., specially protected information such as sensitive data about ethical origin, health, religion, political opinions, sexual preferences or sexual orientation. Intentionally, therefore, we do not collect any Sensitive Data from you. However, we cannot control what content you postor message on FANBLAST. Although we strive to protect your privacy, we cannot distinguish a message you post with particularly sensitive content from less sensitive messages. Please note that we do not offer any additional protection to such messages accordingly.
The data we collect depends on which of our services you use and how you use them. We process the following types of your personal data:
4.1 Personal data provided by you
When you use our services, you provide or are asked to provide us with certain information. In particular, we collect:
Your account details: To use our services, you need to create an account. This allows you to use our services on different devices. When you create your account, we collect your login details (email address, password, date of birth, fan/creator name/avatar name) and additional profile data that you provide to us to personalise your profile (e.g. the chosen look of your avatar). This data is linked to your game account.
Data due to the use of our online shop: When you purchase Energy, Lottery Tickets or other virtual goods or take out subscriptions on FANBLAST, we process this information together with your account details in order to provide you with our services.
Transaction data: We also collect and process information provided in connection with virtual goods transactions and payments, in particular the type and number of virtual goods purchased, data onthe duration and type of subscriptions, order data). In addition, we collect transaction data, such as payment method, status and date. We do not collectc redit card data, this is forwarded to an external payment service provider for the processing of your payment, we only receive the details of the payment confirmation from our payment service provider.
Public chats and forums: Chat, forum and community environments or other tools are offered through our services that are not restricted to a particular audience. If you provide personal information when using any of these features, that personal information may be publicly posted and otherwise disclosed without restriction as to its use by us or any third party. If you choose to post personal information in public forums on our Service, you must be aware that, as noted above, such information will be visible to others. To request the removal of your personal data from a public forum of one of our services, please contact customer support at: info@fanblast.com
Private Chat Messages: Information sent either individually or within a limited group via our message, chat, post or similar function.
Please note that when using the chat function, the information you share can be read, copied, collected or used by other users. Never share information or personal data that could be detrimental to yourself or others.
Correspondence with our customer service and data and information provided in connection there with: When you contact customer service, we collect your contact information (email address), information about your request, i.e. subject, description of your request, your relationship with FANBLAST, whether you are a fan, creator or parent of a fan, the username/account that specifically relates to your request, and any other information provided in connection there with.
4.2 Personal data we receive or generate through your use of our services
When you use our services, we also process device-related data and information about how you interact withour services, in particular:
Technical information: We collect information about your device/settings for the purposes described below. The information we receive from your devices includes device type, device IDs, online identifiers (IP address), timestamps, geolocation data (based on your IP address), URLs visited, browser settings, screen resolution and other technical data.
Cookie Data: As described in more detail in our Cookie Notice, we use cookies and similar technologies such as pixels or local storage and allow third parties to use cookies and similar technologies for the purposes described below. You can find out all about the exact process of placing cookies and the scope of the data that can subsequently be processed in our Cookie Notice.
Data about your individual use of our services: We collect information about your use of our services. This includes the actions you take on the portal, e.g. participation in content creator interactions such as voting and predictions, the energy you use when participating in interactions and the rewards you receive (stars), the time and duration of your activity and your interaction with advertising (clicks, conversions and creative views). In addition, we collect information about the websites that referred you to our service. Some of this information is stored in your account (e.g. the status of your Energy and Stars).
4.3 Personal data we receive from third parties
In certain cases, we also receive your personal data from third parties in strict compliance with applicable data protection laws and regulations. Your personal data may be provided by the following third parties:
Payment service providers: When you make a payment in the app or on the website, the transaction is processed by a third-partyp ayment service provider and is subject to the privacy policy of the third-party payment service provider. For these transactions, we do not receive full financial information (such as your full credit card information), but we may receive information related to your transaction, such as payment method, status and date.
Third Party Social Networks and Connected Platforms: For example, when you connect our Service to your Instagram, Facebook, Google, Microsoft or Apple account using your logincredentials in our login process, we receive certain information about you from third party platforms, such as your social network identifier, first and lastname, email address, age group, and authentication token.
Other third party providers: We also receive information about your approximate geolocation (the country you are in) from third parties (e.g. Google). We use this information to comply with our legal obligations when processing your personal data, to customise certain services to your location and to prevent fraud or abuse in connection with our services.
5. DATA OF MINORS
Our Services are not directed at or intended for use by anyone under the age of 13. Our Terms of Use prohibit users under the age of 18 from accessing and using FANBLAST. If we learn that we have collected personal information from a user under 18, we will delete that information immediately.
6. FOR WHAT PURPOSE DO WE PROCESS YOUR PERSONAL DATA?
We process your personal data for the following purposes:
Providing and improving our services to help you
- to enable the use of our services,
- facilitate communication on the platform (e.g. via chat),
- to allow you to create and manage your account,
- enable the recovery of your customer account should your access data be lost,
- To facilitate purchases in the online shop, as well as to verify and confirm your payment,
- facilitate the sharing of content on social networks,
- provide technical support and respond to your enquiries.
Furthermore, from atechnical point of view, in particular to
- Identify and correct bugs/errors,
- indicate the popularity of our services,
- assess the quality of our services,
- Understand and improve your online experience.
For the purpose of personalising your user experience on the Platform in order to
- Save your preferred user settings,
- recognise you the next time you visit one of our services.
For marketing and analysis purposes to
- Play appropriate (personalised) third-party advertising to you onour services and measure its effectiveness,
- Show you (personalised) advertisements for our services on other websites or apps and measure their effectiveness,
- Pay our business partners for advertising our services
- Send you - subject to your consent - advertisements, including newsletters and push notifications, informing you of new content and offersfrom FANBLAST,
- attract new users (followers) on social media platforms.
For contractual reasons or prevention of illegal activities on or in connection with FANBLAST, inparticular in order to
- Prosecute fraud and illegal behaviour in our services,
- Enforce our terms of use and policies,
- to fulfil our legal or regulatory obligations,
- Determine the legal requirements for processing your personal data (based on your location and age),
- Keep records in relation to purchases made in the online shop,
- To respond to your enquiries regarding your rights as a data subject,
- to fulfil our legal (record-keeping) obligations in tax or accounting terms,
- Inform you of any changes to this privacy policy,
- prevent offensive language and abusive behaviour when communicating on the platform.
7. PROFILING
If you give your consent, we use tracking mechanisms to track your personal data for profiling purposes. This allows us to provide you with relevant content and tailor our services and ads to your interests. You have the right to object to this type of processing. You can also check your privacy choices in relation to this type of processing at any time in your customer account or cookie settings and change them if you wish.
8. WHATDO WE USE YOUR DATA FOR AND ON WHAT LEGAL BASIS?
We only process your personal data in compliance with the relevant data protection regulations. This means that your data will only be processed if we have legal permission to do so.
This is particularly the case if the data processing isnecessary for the provision of our contractual services or is required by law, if the users have given their consent, and if it is also based on our legitimate interests (i.e. interest in the analysis, optimisation and economi coperation and security of our online offer within the meaning of Art. 6 Para. 1lit. f. DSGVO, in particular in the case of range measurement, creation of profiles for advertising and marketing purposes and collection of access data and use of third-party services).
We would like to point out that the legal basis for the consents is Art. 6 para. 1 lit. a. and Art. 7DSGVO, the legal basis for the processing for the fulfilment of our services and implementation of contractual measures Art. 6 para. 1 lit. b. DSGVO, the legal basis for processing to fulfil our legal obligations Art. 6 para. 1 lit.c. DSGVO, and the legal basis for processing to protect our legitimate interests Art. 6 para. 1 lit. f. DSGVO are.
Specifically, we refer to:
Your consent to data use by FANBLAST: We process your personal data if you have given your consent for a specific purpose. We ask for your consent to data processing in the context of sending newsletters, personalised advertising, analytics and profiling. We also regularly display contextual notifications and consent pop-ups to obtain your consent for further processing activities. You have the right to withdraw your consent at any time, for example by changing your account or cookie settings. You can also unsubscribe from newsletters at any time either by using the link in our emails or in your email settings at the player account. Please note that this will not affect any data processing that was carried out before you revoked your consent.
Contract performance by FANBLAST: We process your personal data to perform or to take steps prior to the conclusion of a contract to which you are a party, e.g. when it is necessary for the creation and management of your account, to process your purchases in the online shop and related payments, as part of your support requests, to support the operation of the platform or to facilitate the delivery of requested services. If you win a non-cash prize on our platform, we also need your address to be able to deliver it to you.
Compliance with legal obligations by FANBLAST: We process your personal data to comply with our legal obligations. (Age verification, accounting/tax obligations, litigation). For example, when you purchase virtual goods in our online shop, this interactionis processed via third-party payment services. If a purchase was successful, we receive this information in the form of a digital invoice with details of the date, price and type of item purchased, payment method, VAT, etc.) . We store this to fulfil our legal record keeping obligations and to be able to produce it in the event of a dispute. Please note: We do not have access to credit cardnumbers or Card Verification Code (CVC) numbers. It is not possible to processor pass on corresponding data to third parties.
Legitimate interests of FANBLAST as well as third parties: We also process your personal data to the extent that the processing is necessary for our legitimate interests or the interests of third parties. In doing so, we take appropriate protective measures to protect your privacy.
To ensure the security of our website and prevent fraud, we store data such as your IP address and device information when you access our website. Your device data and IP address are stored and logged to enable forensic fraud and privacy investigations. Your IP address is also automatically processed by our network devices - this process is necessary to provide our website, but also to deny access to IP addresses identified as dangerous. We cannot offer to prevent this process as it would undermine the purpose (and in some cases is technically impossible - for example, we cannot prevent your IP address from being processed by our network devices). If you wish to object to this process, please do not use our website.
In order to optimise our marketing campaigns and our website, we collect information about your behaviour and preferences. This data is pseudonymised and stored separately from your account data. Although this data is stored individually, it is only accessible to the staff who need to work with it and reports that rely on the data do so in aggregate form only. In the course of campaign optimisation, we share some of this data with third-party trackers via a tracking pixel on our website. For more information on trackers and how to object to their processing, please see the Web and App Analytics section.
9. HOWLONG DO WE STORE YOUR DATA?
We will retain your personal data only for as long as is necessary to fulfil the purposes for which the data was collected or to comply with our legal obligations or to establish, exercise or defend legal claims or settle disputes. Thereafter, we will delete or anonymise your personal data.
We store data that we hold for legal reasons for as longas we are legally required to do so (up to ten years).
We store data in consideration of litigation for as long as permitted by law. This can be upto 30 years.
For logs that store networkdata, we delete the data at regular intervals - the exact time depends on the configuration rules (which may clean up the logs based on size rather than elapsed time), whether the data was part of a snapshot that ended up in a backup, and whether the logs are part of a series of logs that are normally forwarded to a central log repository. However, this will not exceed 2 years.
10. WHERE DO WE STORE AND PROCESS YOUR DATA, HOW DO WE PROTECT IT AND WITH WHOM DO WESHARE IT?
Generally, your personal data is stored on servers within the European Union (EU)/European Economic Area (EEA).
If, in individual cases, your personal data is stored or processed on servers outside the European Union (EU)/European Economic Area(EEA), we have taken appropriate security measures to protect your personal data when it is transferred to countries outside the EU/EEA. This includes, in particular, the application of the European Commission's standard data protection clauses.
We have implemented appropriate technical and organisational security measures to protect your personal data against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. The technical and organisational security measures are reviewed on an ongoing basisand updated as necessary. In addition, we ensure contractually, among other things by concluding order processing agreements, etc., that third parties to whom we pass on your personal data guarantee sufficient protection of thepersonal data.
Your personal data within FANBLAST: Your personal data will onlybe processed by persons who need it to pursue our legitimate interests or to fulfil our contractual or legal obligations.
Your personal data outside FANBLAST: We only share your data where it is legally permissible to do so either when it isfor the performance of contracts you have with us (Article 6(1)(b) DSGVO) or on the basis of legitimate interests (Article 6(1)(f) DSGVO). We only share your personal data if you have given us permission to do so, in aggregated or anonymised form (so that the data cannot be linked to other data you may have provided else where) or with providers who are contractually obliged to handle your data with care.
We share data with providers in the following categories:
Hosting providers and content distribution networks. They generally do not have direct access to our systems, but provide network infrastructure that must process your IP address to deliver our assets.
Payment providers. When you make a payment through a payment provider, we receive billing information from them. Any payment details required to make an actual payment on your behalf will only beprocessed by the payment providers, not by us.
Collection service. If you cancel a payment you have made, we may share the information we have with the collection agencies so that they can contact you on our behalf.
Email marketing serviceproviders. We share your email address, ad name and location information and whether you are currently subscribed to our newsletter with our email marketing service providers so that they can send you relevant emails.
Single sign-on providers. These are only relevant if you play our games via their websites or deliberately use single sign-on options offered. In this case, our interaction with the providers enables youto sign on to our gaming platform. If you change your mind, the providers will usually offer a way to unlink your single sign-on account from our website (by removing our access to your metadata). You can find more information in the documentation of the respective provider.
Business intelligence. We use providers that help us analyse our own tracking data in a structured way.
Crash reports. Our mobile games integrate crash reporting features. The crash reports only contain anonymous information. However, you can object to this in the settings of the apps.
Partners, brands and performance marketing. To enable brands, partners and campaigns to measure theirown effectiveness, we integrate various trackers on our website. For more information, please see the Web and App Analytics section of this Privacy Policy.
Address verification. Before we send prizes to a postal address, we first ensure that the address is correct by having it processed by an address verification service.
Geolocation. We receive data from geo-location services about the approximate geographic location of IP addresses.(We do not share any information with these services, we are only consumers of this data).
Support ticketing system. We use an external provider to handle our support ticketing for us. Every support ticket you write to us via official channels is stored with this provider.
Video streaming. In some cases, we use video streaming services to show you advertisements. Your impression of these videos is recorded by these services.
The providers we use are either located in the European Union, in a country that is considered safe according to the European Union's data protection standards, or contractually agree to treat your data with the utmost care. If the process allows, we anonymise or pseudonymise your data.
Under no circumstances do we sell your data to third parties.
11. INFORMATION ON YOUR RIGHTS
We are based in Hamburg, Germany, i.e. in the European Union. We are committed to complying with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act. This gives you several inherent rights to your personal data.
You have the right
- request access to your personal data (Article 15 GDPR) and receive it in a commonly used, machine-readable format (Article 20 GDPR),
- request a correction of your personal data (Article 16 GDPR),
- request a restriction of the processing of your personal data(Article 18 GDPR),
- request the erasure of your personal data (Article 17 GDPR),
- object to the processing of your data if the lawfulness of the data processing is based on our legitimate interest (Article 7 (3) and Article21 DSGVO),
- lodge a complaint with a supervisory authority (Article 77 GDPR).
You can easily request the deletion of your data in the settings for your account. For all other enquiries, please contact us either via the support widget on our platform or contact us by email (info@fanblast.com). If you contact us via a channel other than the support widget, please note that we may need to ask you to prove your identity - after all, neither you nor we want a stranger to have access to your data.
Please note that it may takeup to 30 days for us to process your request. If there are any delays, we will inform you immediately.
The user-related data we collect is directly linked to your creator account and is typically deleted when your account is deleted. However, we reserve the right to retain this data in certain cases for legal compliance with payment service providers, due to potential refunds and complaints.
12. INSTRUCTIONS FOR DELETING YOUR DATA OR YOUR GAMING ACCOUNT ON THE WEB AND IN THE APP
* Log in with your access data for the applicable game account
* Open your profile
* Scroll to the item"Delete account" and click on it.
* Confirm the deletion
Please note that deletion maytake a few days.
13. YOUR RIGHT TO INFORMATION, CORRECTION AND DELETION OF YOUR PERSONAL DATA
You may at any time request to be informed whether and how your personal data is processed by FANBLAST, the purposes of such processing and to receive a copy of your personal data. Specifically, you can request information about:
- the purposes for which the data are processed,
- the categories of personal data that are processed,
- the categories of recipients with whom we have shared the data,
- the intended storage period,
- Your rights in relation to this data (rectification, erasure, restriction, withdrawal of consent and lodging a complaint with the supervisory authority),
- the source of the data in cases where we have not obtained the data directly from you,
- and the existence of automated decision-making based on that data, including profiling, and your right to request meaningful information about the algorithms used.
If you make this request electronically, the information will be provided in a common electronic format. In principle, the information will be provided free of charge. If you make this request more than once, FANBLAST may charge you a fee to cover administrative costs.
You also have the right,
- request a correction from us if your data is incorrect or incomplete.
- request us to delete your personal data,
- if they are no longer necessary for the purposes for which they were collected or processed;
- where consent which served as the basis for the processing has been withdrawn and there is no other basis which would justify such processing;
- your personal data have been processed unlawfully;
- your personal data is to be deleted in accordance with a legal requirement;
If we delete data that we have passed on to third parties, we will also contact these third parties and ensure that your data is deleted there as well.
If we delete information that we have disclosed in the course of providing our services to you, we will contactthird party service providers who may have cached that information and forward your request for deletion to them.
14. RIGHT TO RESTRICT THE PROCESSING OF PERSONAL DATA (ARTICLE 18 GDPR)
You can exercise your right to restrict the processing of your personal data if:
you dispute the accuracy of your personal data for the time necessary to verify the accuracy of that data;
the processing of your personal data is unlawful, but you refuse erasure and request restriction of processing instead;
we no longer need your personal data, but you still need such personal data for the establishment,exercise or defence of legal claims.
15. RIGHT TO DATA PORTABILITY (ARTICLE 20 GDPR)
You have the right to receive the personal data we hold about you in a structured, commonly used and machine-readable format and to have this data transferred unhindered from FANBLAST to another responsible party.
Where technically feasible, you may request that your personal data be transferred directly to another controller by FANBLAST.
16. RIGHT TO WITHDRAW CONSENT (ARTICLES 7(3) AND 21 OF THE GDPR)
We will only process your personal data with your consent unless the data processing is otherwise necessary.
If you have registered an account with us, you can withdraw your consents at any time by changing the settings associated with your account (or by deleting your account directly if you prefer). If you do not have a registered account with us, please see the Web and App Analytics section for information on how to opt out of other data collection.
Please note that withdrawal of your consent does not affect the lawfulness of the processing prior to the withdrawal.
17. RIGHT TO COMPLAIN TO YOUR SUPERVISORY AUTHORITY (ARTICLE 77 GDPR)
If, despite our efforts to protect the confidentiality of your personal data, you believe that your rights have not been respected, you have the right to lodge a complaint with the data protection supervisory authority competent in your country.
18. OBJECTION TO THE PROCESSING OF YOUR DATA FOR DIRECT MARKETING PURPOSES
When you register an account with us, you have the option to subscribe to our newsletters. You can unsubscribe from our newsletters at any time using the unsubscribe links in the email footer or in your account settings.
19. WEB AND APP ANALYTICS
In order to improve our website and app, correct errors, optimise the platform and promote our campaigns, we store pseudonymised data about the behaviour of our visitors on our website and use various tracking services (based on Article 6 (1) lit. f DSGVO).
These services use either cookies (desktop) or device IDs (mobile) so that they can correlate the behavioural data they collect from you (for example, to determine how long the average user has spent on our website or the proportion of users who have visited our website and registered with us).
The data exchanged may include information about when you registered with us, where you came from (which banner you clicked or which game page you play our games on), your device parameters (e.g. operating system, brand), your user ID in our games, page impressions (time and page ID) or payments you make.
The trackers use this data either to create approximate behavioural profiles of you (to provide better marketing targeting to users of their services) or to enable us to pay for our campaigns through registration events or paying users rather than impressions ("performance marketing").
20. USE OF COOKIES AND RELATED FUNCTIONS/TECHNOLOGIES
20.1 Right of objection
If you object to the use of this pseudonymised processing of your data, your opt-out options are as follows:
For tracking to endpoints controlled by us: http://www.fanblast.com/trackingoptout
Your browser must accept cookies for the opt-out process to work.
For mobile devices, for tracking towards endpoints controlled by us, you can adjust the settings in the app itself.
We use:
*Sentry.io (FunctionalSoftware, Inc. dba Sentry, with registered office: 132 Hawthorne Street, SanFrancisco, CA 94107; email: security@sentry.io; web: https://sentry.io/welcome/) for error reporting.
*Google Analytics & Google Tag Manager
You can also deactivate this error reporting in the settings.
20.2. Cookies (general)
Background: We sometimes use so-called cookies on our website. Cookies do not cause any damage to yourcomputer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure and to enable the provision of certain functions. Cookies are small text files that are stored on your computer and saved by your browser. A cookie contains a characteristic string of characters that enables your browser to be uniquely identified when you return to the website.
Most of the cookies we use are so-called "session cookies". They are automatically deleted after the end of your visit or browser session (so-called transient cookies). Other cookies remain stored on your end device for a specified period of time or until you delete them (so-called persistent cookies). These cookies enable us to recognise your browser on your next visit. Upon written request, we will be happy to provide further information on the functional cookies used. Please contact us using the above contact details.
You can set your browser sothat you are informed about the setting of cookies and only allow cookies inindividual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. You can regularly obtain the procedure for deactivating cookies via the "Help" function of your Internet browser. If cookies are deactivated, the functionality and/or complete availability of this website maybe limited. For further cookie-specific setting and deactivation options, please also see below the individual explanations of the cookies and associated functions/technologies specifically used when visiting our website.
Some of the cookies we use onour website come from third parties that help us analyse the impact of our website content and the interests of our visitors, measure the performance of our website or serve ads and other content to our website or other websites. As part of our website, we use both first party cookies (only visible from the domain you are visiting) and third party cookies (visible across domains and regularly set by third parties).
The cookie-based data processing is carried out on the basis of your consent pursuant to Art. 6 (1)sentence 1 lit. a DSGVO (legal basis) or on the basis of Art. 6 (1) sentence 1 lit. f DSGVO (legal basis) to protect our legitimate interests. In particular, our legitimate interests lie in being able to provide you with a technically optimised website that is user-friendly and tailored to your needs, and to ensure the security of our systems. You can revoke the consent you have given us at any time, e.g. by deactivating the cookie-based tools/plugins listed in detail in the following overview. By making the appropriate settings, you can also object to processing based on legitimate interests.
In detail, the following cookie-based tools/plugins are used within the framework of this website:
This website uses the functions of Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, on the basis of the consent you have given us (Art. 6 (1) sentence 1 lit. a DSGVO).You can give us your consent voluntarily when you call up our website by clicking on the corresponding button in the "cookie banner". Data is also regularly transmitted to Google LLC (1600 Amphitheatre Parkway, MountainView, CA 94043, USA) as part of the processing described below. Google Ireland Limited and Google LLC are herein after jointly referred to as"Google". Google Analytics uses cookies (first-party cookies), which enable an analysis of your use of the website. However, this does not mean that we gain direct knowledge of your identity. Google uses the information generated by the cookies on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing others ervices relating to website activity and internet usage. This enables us to improve the quality of our website and its content. We learn how the website is used on the basis of statistical analyses and can thus continuously optimise our offer.
The information generated by the Google Analytics cookies about your use of this website (for example, time, place and frequency of your website visit including IP address) is transmitted to a Google server in the USA and stored there. We have set the storage period at Google for corresponding data at user and event level to 14 months (shortest possible setting option).
IP anonymisation
We have activated the IP anonymisation function on this website. This means that your IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before it istransmitted to the USA, there by making it anonymous. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. According to Google's own information, the IP address transmitted by your browser within the scope of Google Analytics will not be merged with other Google data relating to your person.
Browser plugin
You can prevent Google Analytics cookies from being stored by setting your browser software accordingly (see above). You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link:https://tools.google.com/dlpage/gaoptout?hl=de.
Objection to data collection
Alternatively, you can activate/deactivate the collection of your data by Google Analytics, especially on mobile devices, by clicking on the following link:
Deactivate Google Analytics
If you deactivate this, a cookie will be set which prevents the collection of your data during future visits to this website.
Specifically, the following tracking cookies are used by Google Analytics:__utmz, __utma, __utmb, __utmc,__utmt.
More information on the handling of user data at Google Analytics and the security and data protection principles as well as setting and objection options can be found in Google's privacy policy, available via the following link:
https://support.google.com/analytics/answer/6004245?hl=de.
Since you may also interact with the other trackers we use on other websites that are not operated by us, disabling these trackers on a single website will probably not meet your preferences. To help you effectively stop tracking from these providers, this section provides an overview of all trackers we use and where you can disable them.
You can also find the opt-out options for many tracking services at http://youronlinechoices.eu, which provides a consistent and centralised way to object to tracking by many tracking services.http://youronlinechoices.eu can also assist you if you wish to object to tracking by other providers that are not specifically used by us.
Unless otherwise stated(whether here or on our tracking partners' opt-out pages), your browser must accept cookies for the opt-out process to work.
20.3 Privacy and Cookie Settings with Cookiebot
We use the consent management service Cookiebot, of CybotA/S, Havnegade 39, 1058 Copenhagen, Denmark (Cybot). This enables us to obtain and manage the consent of website users for data processing. The processing is necessary to comply with a legal obligation (Art. 7 para. 1DSGVO) to which weare subject (Art. 6 para. 1 p. 1 lit. c DSGVO). For this purpose, the following data is processed with the help of cookies:
Date and time of consent. Browser information URL from which the consent was sent. An anonymous, random and encrypted key. Your end-user consent status, as proof of consent.
The key and consent status are stored for 12 months in the browser using the cookie "CookieConsent". This ensures that your cookie preference is retained for subsequent page requests. With the help of the key, your consent can be proven and traced.
If you activate the service function "collective consent" to activate consent for multiple websites through a single end-user consent, the service additionally stores a separate, random, unique ID with your consent. If all of the following criteria are met, this key is stored in encrypted form in the third-party cookie "CookieConsentBulkTicket"in your browser: You enable the collective consent function in the service configuration. You allow third-party cookies via browser settings. You have disabled" Do not track" via browser settings. You accept all or at least certain types of cookies when you give consent.
The functionality of the website is not guaranteed without the processing.
Cybot is a recipient of your personal data and acts as a processor on our behalf.
The processing takes place in the European Union. For more information on how to object to and opt out of Cybot, please visit: https://www.cookiebot.com/de/privacy-policy/
Your personal data will be deleted continuously after 12 months or immediately after the termination of the contract between us and Cybot.
Please see our general comments above about deleting and disabling cookies.
21. SECURITY
In the course of our web presence, we use the widespread SSL procedure (Secure Socket Layer) in conjunction with the highest encryption level supported by your browser.
You can see whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the status bar of your browser.
We also use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
22. PRIVACY POLICY UPDATE
There may be a need to amend and update this document. Therefore, we recommend that you read this privacy policy regularly.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
23. FURTHER INFORMATION
If you have any questions or concerns about data protection,you can contact us at privacy@digitalblast.com.
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Status: 01.10.2022