USER TERMS OF SERVICE
Date of Last Revision: October 8, 2021
Welcome to Antourage!
Antourage AB (“Antourage,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.antourage.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ANTOURAGE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
BY USING OUR SITE OR OTHERWISE INDICATING YOUR ACCEPTANCE (FOR EXAMPLE, BY AGREEING WHEN CREATING OR LOGGING INTO YOUR ACCOUNT, CLICKING “I AGREE,” ETC.), YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE OUR SITE.
Access and Use of the Service
Services Description: The Service is designed to provide Businesses (as defined below) with an all-in-one system to manage micro-content production and distribution, to engage with Content Creators (as defined below) who create content that can be featured through the Services, and to provide such content to end users who engage with such content (for purposes of these Terms of Service, “Communities”). Through our Services, Communities may view content posted from celebrities, including athletes, actors, performers, artists, influencers, and others who have been engaged by Antourage to create such content (each, a “Content Creator”). Some Content Creators may create content for the promotion of a commercial entity, brand, or business (collectively, “Business”) through our Services.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Antourage of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Antourage will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Antourage reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Antourage will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Antourage may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Antourage’s servers on your behalf. You agree that Antourage has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Antourage reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Antourage reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Services: If you are engaged by Antourage as a Content Creator, you agree to help develop, integrate and display content, materials or other work product promoting a Business (“Brand Promotions”), as set out in one or more order forms to be issued by Antourage and accepted by you (each, a “Order Form”). Order Forms shall be governed by these Terms of Service, and shall be valid only upon mutual execution. Each Order Form will specify the scope of the Brand Promotion (including, but not limited to, timing schedule, key talking points, and any Brand Materials (as defined below) that may be required), the compensation to be paid to you as a Content Creator, and other provisions applicable to a particular Brand Promotion. These Terms of Service are incorporated by reference into each applicable Order Form to create separate agreements for the rights and services described therein. If there is a conflict between these Terms of Service and an Order Form the terms in the applicable Order Form shall prevail.
To the extent applicable, Antourage will provide you with all of the information and materials provided by Antourage or the Business for the Brand Promotion (“Brand Materials”). You may not use any Brand Materials outside of the scope expressly permitted hereunder. You agree that in some circumstances where the Brand Promotion is substantially off-brand or materially deviates from the description provided in the applicable Order Form, rounds of feedback, revisions or reshoots may be required. You agree to cooperate with Antourage and the Business on any such reasonable request for revisions or reshoots to the Brand Promotion. You acknowledge and agree that Antourage or the Business that sought your services as a Content Creator may reject a Brand Promotion in the event that such Brand Promotion materially deviates from the applicable Order Form.
Proprietary Rights: For purposes hereof, “Work Product” means, collectively, (a) the Brand Promotions, (b) all drafts, revisions, versions, polishing and refinements of content, materials or other work product devised, developed, designed or reduced to practice by you in connection with a Brand Promotion, and all tangible expressions thereof of whatever kind or nature, and (c) all copyrights and other intellectual property rights in any of the foregoing. You agree that the Work Product is exclusively owned by the Business that engaged you as a Content Creator in the applicable Order Form and you hereby assign all right, title and interest in and to such Work Product to such Business; provided that you may be granted rights to share and display the Brand Promotion on Content Creator’s social media channels and/or pages (“Social Media Channels”), as authorized by the Business pursuant to the applicable Order Form. To the extent applicable, you will continue hosting the applicable Brand Promotion publicly on your designated Social Media Channel for the duration of the period identified in the applicable Order Form.
Representations and Warranties: As a Content Creator, you represent and warrant that: (a) your activities in connection with the Brand Promotion will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein; (b) the Brand Promotions (excluding Brand Materials) are your original work, and that you own all right, title and interest in and to such Work Product (excluding Brand Materials), including, without limitation, all copyrights and rights of publicity contained therein; (c) use of the Work Product (excluding Brand Materials) will not infringe or involve the misappropriation of any third party rights; (d) neither you, nor the Brand Promotion (excluding Brand Materials), will disparage, or otherwise portray in a negative light, Antourage or the Business or their respective personnel; and (e) you will comply with all applicable laws, rules and regulations, including the provisions of the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising (the “Guides”). You further represent and warrant that you have read and understand the Guides and their requirements, and that the Brand Promotion will contain clear and prominent disclosures compliant with the Guides. For example, you may use hashtags such as #Sponsored or #ad to identify the commercial nature of your statements in social media, and for video content include a notice that the content “includes paid promotion.” The Brand Promotion will include a written disclosure in the Brand Promotion description substantially in the form of: “Thanks to [Business] for sponsoring and collaborating on this video. #ad.”
Relationship of the Parties: You and Antourage agree that the relationship between the parties, including under these Terms of Service, is solely an independent contractor relationship. It is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of Antourage, and you will not represent yourself as such. As an independent contractor using our Service to provide Brand Promotions to Antourage, Businesses and Communities, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms of Service and you acknowledge and agree that Antourage does not control those elements of your performance. Antourage has no right to, and will not, control the manner or determine the method of accomplishing your performance.
Content Creator Recognition
Virtual Credits. Members of the Communities (“Members”) may purchase virtual credits (“Credits”) from Antourage in quantities and at prices determined by Antourage at its sole discretion, which may be used to purchase virtual merchandise (“Virtual Goods”) from the Antourage store or each Content Creator’s store. Members may send their Virtual Goods to Content Creators to express approval of the Content Creator’s content. The quantity and value of the Credits is reflected in each Member’s account and will be updated from time to time. A Member may not hold more than $2,000 worth of Credits in any given day, and we may impose additional limits or modify limits on the amount of Credits or Virtual Goods that you may purchase or hold at any time. Content Creators that receive Virtual Goods from the Members will, at Antourage’s sole discretion, receive an amount of Credits from Antourage that may be tied to the number of Virtual Goods received, which amount is determined at Antourage’s discretion. Credits and Virtual Goods cannot be transferred, exchanged, or sold, directly or indirectly between users of the Service except as expressly provided in these Terms of Service.
You understand that the Credits and Virtual Goods are not money or monetary value and do not entitle any person to any payment. The Credits and Virtual Goods are designed to enhance your experience with the Service and can only be used within the Antourage ecosystem, and are not intended to be used as money or money instrument. You further agree that you will not use the Service, the Credits or the Virtual Goods as a means to transfer money or monetary value to another Member or Content Creator. You may not convert, exchange, or redeem the Credits or Virtual Goods for money, except as may be required by law. Antourage reserves the right to suspend your account or forfeit your Credits or Virtual Goods if you violate these Terms of Service.
Refunds; Unused Credits. Members may request us to issue a refund for the value of unspent Credits. All refund will be issued to the original payment method you used to purchase the Credits. For any Credits remaining in your account 24 months after the date of purchase, if you do not request a refund, they will automatically be used to purchase Virtual Goods that will then be awarded to your favored Content Creator that you designated at account opening.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Antourage. Antourage reserves the right to investigate and take appropriate legal action against anyone who, in Antourage’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Antourage, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Antourage or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Fees and Payment
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Antourage information regarding your credit card or other payment instrument. You represent and warrant to Antourage that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Antourage the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. We reserve the right to change Antourage’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Antourage’s net income.
Authorization. You authorize us and our third-party service provider to charge all fees and/or any plan you select. You also authorize us and our third-party service provider to charge you any other fees you may incur in connection with your use of the Service, such as any applicable sales and use taxes. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you activate or update recurring payments through the Service, you authorize us and our third-party service providers to periodically charge, until cancellation, all accrued fees.
Third-Party Service Provider. We may use one or more third parties to provide payment processing services. You agree to provide us and our third-party payment processors with current, accurate, and complete information about you and your payment methods and the authorization to charge you using your chosen payment method. By submitting payment through the third-party payment processor, you agree to be bound by any terms and conditions the third party may set from time to time, which will be disclosed to you when you make the payment.
Payment to Content Creators: If you are a Content Creator, Antourage or the applicable Business as designated on the applicable Order Form will pay to you all fees for the applicable Brand Promotions (the “Content Creator Fees”), as well as any pre-approved expenses, as set forth in the applicable Order Form. Antourage will have no obligation to pay the Content Creator Fees for a Brand Promotion in the event that the Brand Promotion is rejected, as described above. All transactions are in U.S. dollars (“USD”) unless otherwise specified in an Order Form.
Third Party Distribution Channels
Antourage offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Antourage and you acknowledge that these Terms of Service are concluded between Antourage and you only, and not with Apple Inc. (“Apple”), and that as between Antourage and Apple, Antourage, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Antourage’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Antourage and you acknowledge that Antourage, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Antourage and Apple, Antourage, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Antourage as follows:
Östra Banvägen 2C, 182 46 Enebyberg, Sweden
Antourage and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Antourage, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Antourage from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Antourage, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Antourage.
The Antourage name and logos are trademarks and service marks of Antourage (collectively the “Antourage Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Antourage. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Antourage Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Antourage Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Antourage be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Antourage does not pre-screen content, but that Antourage and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Antourage and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Antourage, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: By uploading any content or other materials you upload through the Service or share with other users or recipients that is not Work Product (“User Content”) you hereby grant and will grant Antourage and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Antourage are non-confidential and Antourage will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Antourage may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Antourage, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Antourage respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Antourage of your infringement claim in accordance with the procedure set forth below.
Antourage will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Antourage’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Östra Banvägen 2C, 182 46 Enebyberg, Sweden.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Southern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Antourage will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Antourage has adopted a policy of terminating, in appropriate circumstances and at Antourage’s sole discretion, users who are deemed to be repeat infringers. Antourage may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Antourage has no control over such sites and resources and Antourage is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Antourage will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Antourage is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Antourage is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Antourage is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Antourage enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Antourage and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
EACH PARTY REPRESENTS AND WARRANTS THAT SUCH PARTY IS FULLY AUTHORIZED TO ENTER INTO THIS AGREEMENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANTOURAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN PARTICULAR, ANTOURAGE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR THE CONTENT OF ANY SOCIAL MEDIA PLATFORM OR THIRD PARTY WEBSITE LINKED TO OR INTEGRATED WITH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANTOURAGE WILL HAVE NO LIABILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, ANY PERSONAL INFORMATION, OR USER DATA; (IV) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; OR (VI) ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT OR THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT ANTOURAGE IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, LEGALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO ANY SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, OR HARASSING, AND YOU AGREE TO WAIVE, AND DO HEREBY WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ANTOURAGE WITH RESPECT THERETO.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANTOURAGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANTOURAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ANTOURAGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED (A) WITH RESPECT TO CONTENT CREATORS, THE AMOUNT OF CONTENT CREATOR FEES PAID TO CONTENT CREATOR IN THE SIX (6) PRECEDING THE INCIDENT OR CLAIM, OR (B) WITH RESPECT TO COMMUNITIES, THE AMOUNT YOU HAVE PAID ANTOURAGE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Antourage, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Antourage are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ANTOURAGE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ANTOURAGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Arbitration Dispute Resolution
Antourage is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at
firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Antourage should be sent to Östra Banvägen 2C, 182 46 Enebyberg, Sweden (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Antourage and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Antourage may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Antourage or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Antourage is entitled.
- Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Antourage and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Antourage agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Antourage will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Antourage will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Antourage will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
- Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Antourage agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Antourage written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Antourage, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Antourage believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Antourage may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Antourage may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Antourage will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Antourage will have no liability or responsibility with respect thereto. Antourage reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Antourage and govern your use of the Service, superseding any prior agreements between you and Antourage with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Antourage agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Antourage to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Antourage, but Antourage may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Antourage AB, Östra Banvägen 2C, 182 46 Enebyberg, Sweden.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Last Updated: October 8, 2021
PERSONAL DATA COLLECTION
The personal data collected when you use the widget includes:
- Account details, such as your email, name, profile photo, and phone number.
- User generated content, such as the content you upload to an antourage, including photos, videos, comments you post, or reactions you share.
- Transaction history, such as a record of the content you purchase, as well as data relating to how you navigate the widget, the pages, screens, or content you view, and how you interact with those pages, screens, content, or other communications we may send to you, including by email.
- Payment details that you provide to our third-party payment processors, such as your payment card details and billing address. Antourage and sports organization do not have access to these payment card numbers.
- Social media data, such as your handle and followers lists social medial platforms may share when you link your social media account with your Antourage account. The types and amount of data you share depend on the privacy settings in the social media account you connect to the widget.
- Device data, such as the manufacturer and model, operating system, IP address, location data, and unique identifiers associated with the device you use to access the widget.
PERSONAL DATA USE
Your personal data is used for:
Service delivery, including to:
- Provide, operate, maintain, secure and improve the widget, including by creating new features;
- Create, maintain, and authenticate your account;
- Process transactions through our third party payment processors; and
- Provide support for the widget, and respond to your requests, questions and feedback.
Research and development: to create and derive insights from de-identified and aggregated data.
Marketing and advertising: to deliver advertising and marketing content to widget users on behalf of the sports organization.
Compliance and protection, including to:
- Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
- Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
- Audit our internal processes for compliance with legal and contractual requirements and internal policies; and
- Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
PERSONAL DATA SHARING
When you use the Antourage widget, your data may be shared with:
- Service providers that help operate the widget (such as hosting, information technology, customer support, and analytics services) or provide services to Antourage, including professional advisers;
- Marketing partners, such as marketplaces where you can create or purchase content to post and share via the widget. Any links or integrations in the widget are not an endorsement of, or representation that Antourage is affiliated with, any third party. Services operated by third parties are subject to those services’ own privacy notices or privacy policies; and
- Authorities and others, as necessary or appropriate for the compliance and protection purposes described in this policy.
You can also share your personal data through the widget with:
- Other users and the public, when you create a public profile, post content, and engage in public transactions in the widget;
- Other businesses, when you participate in offers, promotions and other features available via the widget or marketed to you; and
- Social media platforms, when you choose to share content on social media.
Business transfers: In addition, if Antourage engages in business transactions, such as a financing, divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Antourage, your personal data may be shared with other parties participating in the transaction.
Widget users have the following privacy choices:
- Opt-out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the emails you receive from us. You may continue to receive service-related and other non-marketing emails.
- You can withdraw consent to receive text messages by replying “STOP.” We will send you a text to confirm you have unsubscribed, and going forward, we will not send any Text invitation messages through our Services. Alternatively, you may respond to a text message with “HELP” to contact our Customer Support.
- You may go to settings on your mobile device and determine what, if any, push notifications you want to receive. If you do not have an account, you may contact us to suppress email or other notifications relating to the widget.
- Online tracking opt-out. There are a number of ways to limit the tracking of your online activity and collection of device data through automated means, which we have summarized below:
- Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
- Blocking location tracking. You may be able to disable location tracking through the settings of your mobile device.
- Using privacy plug-ins or browsers. You can block third party trackers by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin.
- Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
- Platform opt-outs. The following advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising:
- Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.
Note that the above opt-out mechanisms are specific to the device or browser on which they are exercised. You will need to opt out on every browser and device that you use.
Your personal data is protected with technical, organizational and physical safeguards. However, no security measures are failsafe and we cannot guarantee the security of your personal data. We cannot guarantee that other Antourage users or third parties will follow the widget’s terms and rules for collecting and sharing data. Because some of the data in the widget is public or available to other users, we cannot guarantee that other users or third parties will not collect or use data from the widget in violation of the widget’s terms.
PROCESSING OF DATA IN THE U.S.
Antourage processes personal data in the United States to facilitate the operation of the widget pursuant to the widget’s terms.
Antourage does not knowingly collect personal data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided personal data to Antourage through the widget please contact us and we will try to delete that data from our databases.
You can contact us at firstname.lastname@example.org.
NOTICE FOR CALIFORNIA RESIDENTS
Subject to certain exceptions, the CCPA grants California residents the following rights:
- Access. You can request a copy of the personal data collected about you in connection with your use of the Antourage widget during the past 12 months.
- Deletion. You can ask to delete the personal data that has been collected from you in connection with your use of the Antourage widget.
- Opt-out of sale of your personal data. You can opt out of sale of your personal data in connection with your use of the Antourage widget.
You are entitled to exercise the rights described above free from discrimination. Please note that the CCPA limits these rights.
Exercising your rights. California residents can exercise the above privacy rights by emailing email@example.com.
- Verification. To protect your personal data from unauthorized access or deletion, you may be required to verify your identity to submit a request under the CCPA.
- Authorized agents. You may submit a CCPA request through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity.
NOTICE FOR EUROPEAN RESIDENTS
This notice applies applies only to individuals who reside in the European Economic Area, Switzerland or the United Kingdom (collectively, Europe) and only to the extent European data protection law applies to the processing of those individuals’ personal data collected via the Antourage widget.
Controller. The sports organization is the controller of the personal data collected through the widget and Antourage is the processor.
|Processing purpose||Legal basis|
||Processing is necessary to perform the contract governing your use of the widget and for the legitimate interest in providing the widget and its features.|
||These activities constitute the sports organization’s legitimate interests in providing the widget to users. Your personal data is not used for these purposes where its interests are overridden by the impact on you (unless the organization has your consent or is otherwise required or permitted to by law).|
Retention. Your personal data may be retained for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. The appropriate retention period for personal data takes into account the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which your personal data is processed and whether those purposes can be achieved through other means, and the applicable legal requirements.
Cross-border data transfer. If your personal data is transferred from Europe to another country such that appropriate safeguards must be applied under European data protection laws, Antourage and the sports organization will do so.
Your rights. European data protection laws may give you certain rights regarding your personal data. If you are located in Europe, you can contact us to exercise your rights in relation to your personal data that has been collected through the widget:
- Access. Provide you with information about the processing of your personal data and give you access to your personal data.
- Correct. Update or correct inaccuracies in your personal data.
- Delete. Delete your personal data.
- Transfer. Transfer a machine-readable copy of your personal data to you or a third party of your choice.
- Restrict. Restrict the processing of your personal data.
- Object. Object to reliance on the legitimate interest as the basis of processing your personal data that impacts your rights.
You may submit these requests by emailing firstname.lastname@example.org. We may request specific information from you to help confirm your identity and process your request. Please note that your request may be limited or denied in accordance with applicable law. If you would like to submit a complaint about the use of your personal data or the response to your requests regarding your personal data, you may contact Antourage or the sports organization directly or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.