Term of use

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://itbeards.scalefocus.com/ website (the “Website”) operated by SCALE FOCUS AD, a joint-stock company, having its business seat and registered address at 90 Tsarigradsko shose Blvd., Capital Fort, building A, fl.24, Mladost District, Sofia 1784, Bulgaria, registered in the Commercial register of the Registry Agency under UIC 201996987 (“us”, “we”, or “our”).

Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all registered users who use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Website.

By creating an account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by services by sending an e-mail to marketing@scalefocus.com and copy to dpo@scalefocus.com.

The purpose of the Website is to raise funds and in this way support Foundation “Win Over Cancer” (“Beneficiary”), which promotes the provision of information and rise of the awareness of the society for cancer disease, the problems due to the disease and how to solve them. This is why we created the Website through which we provide the opportunity for participants and benefactors to take part in the IT Beard race (“Campaign”) in order to make a change in the world through charity. For more information about the Beneficiary and its mission you can visit the following website: https://www.cancercare.bg/

1. Accounts

When you create an account with us, you guarantee that you are 18 years old or above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately by sending an e-mail to itbeards@scalefocus.com and copy to dpo@scalefocus.com upon becoming aware of any breach of security or unauthorized use of your account.

You can participate in the Campaign in two ways:

Register as an active participant.

You can register as an active participant within the period 21.10.2020 – 09.11.2020 by using your name, e-mail, and by uploading a photo of your beard. Each registration of an active participant is subject to our prior approval, for which the participant will be notified via a confirmation e-mail sent to the e-mail address nominated by you when you registered.

You should also provide your job title, employer, and a short biography (if required). Share your beard progress with a new photo every week to win the people’s votes.

You can gather votes until 30.11.2020 when the Campaign ends. The winner will be announced within a week after the end of the Campaign.

Register as a benefactor.

You can register as a benefactor by using your name and e-mail. As a benefactor, you can buy a bundle of 5, 10, 25, 60, 100, 250 or 500 points in order to have the opportunity to vote for your favorite participant.

The Website is fully integrated with Facebook and Google and allows its use through registration through your Facebook profile, as well.

Simultaneous registration.

In addition, you have the opportunity to register as a benefactor and as an active participant at the same time. In this case, your registration as a benefactor will be supplemented with your capacity of an active participant by using the e-mail address nominated by you when you first provide in order to register at our Website.

If you take part in the Campaign in this way, you will be able to both win benefactors’ votes and vote for other active participants. However, you will be able to vote for all other active participants, but you.

2. Content

Our Website allows you to post photos of your beard (“Content”). You are responsible for the Content that you post on or through the Website, including its legality, reliability, and appropriateness.

We have no obligation and no objective capability to perform a preliminary check on the Content posted on or through the Website and are in no way responsible for any violations. In the event that you notice any Content which, in your opinion, violates your rights, you should seek protection of your rights directly against the offender. We cannot be responsible in any way for such an infringement. However, in case of suspected violation, you should notify us immediately by sending an e-mail to itbeards@scalefocus.com and copy to dpo@scalefocus.com, indicating a link to the post as well as any other information that may serve as evidence of infringing rights or by following the procedure described in Section 4. Take Down Notice Submission Procedure.

By posting Content on or through the Website, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights as provided in these Terms, and (ii) that the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

We reserve the right not to publish or remove your Content and to immediately terminate your account if the Content you post is illegal, obscene, threatening, vulgar, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.

We have the right but not the obligation to monitor and edit all Content provided by users. You retain any and all of your rights to any Content you submit, post, or display on or through the Website, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Website. However, by posting Content using the Website you grant us the right during the Campaign to publicly display and distribute such Content on and through the Website and through our social media sites in order to promote the Campaign and to announce the participant (s) which received most of the other participants’/benefactor’s votes.

3. Intellectual Property

The Website and its original content (excluding Content provided by users), features, and functionality are and will remain our exclusive property.

The Website and its content (or parts thereof) may not be copied, reverse-engineered, decompiled, divided into parts, modified, posted on other Internet sites modified or otherwise distributed, licensed and relicensed, or transferred in any form, except as expressly agreed in writing by us for such action.

Nothing contained on the Website may be considered, assumed or implied, either directly or indirectly, as granting of consent, license or right to use our trademark, logo or any materials and information posted on or through the Website and protected by copyright, intellectual property, without our’ prior, express, written permission.

4. Take Down Notice Submission Procedure

We respect the intellectual property of others, and we ask our Website visitors and users to do the same. If a visitor/user believes that his/her work has been copied in a way which constitutes copyright infringement or there is any other violation of his/her intellectual property rights, including having a controversial nature (slanderous and/or libelous) the visitor/user can submit a Take Down Notice.

A Take Down Notice can be submitted in writing to ScaleFocus’ Copyright Agent at the following address: itbeards@scalefocus.com and copy to dpo@scalefocus.com

Any Take Down notice shall contain the following information:

  • link to the post;
  • a description of the infringement;
  • proof of intellectual property rights on the materials subject to infringement;
  • any other information that may serve as evidence of infringing rights
  • an electronic or physical signature of the person submitting the Take Down Notice, or the person authorized to act on behalf of that person;
  • address, telephone number, and e-mail address;
  • a statement of good faith that the disputed use is not authorized by the intellectual property rights owner, its agents, or permitted by applicable legislation;
  • a statement that the provided in the Take Down Notice information is accurate.

Take Down Notices may be sent to us by intellectual property right(s) owners or holders, organizations representing artists and/or copyright holders and/or other respective representatives.

Take Down Notices submitted in accordance with the requirements above shall be acknowledged within 3 business days of receipt.

5. Payment terms. Beneficiary

In order to have the opportunity to vote for your favorite participant in the Campaign, you should purchase a bundle of 5, 10, 25, 60, 100, 250 or 500 points. (“Purchase”).

For the purposes of facilitating payments and the completion of Purchases, the Website uses an online payment system (PayPal) through which you make the payment for the Purchase. For this purpose, you shall follow the link to PayPal’s platform and fill in the data required by PayPal in order to make the transaction. You may be asked to supply certain information relevant to your Purchase, including, without limitation, your names, credit/debit card number, the expiration date of your credit card, etc. These data are provided directly to PayPal, and under no circumstances do we obtain and process such data. Prior to making the payment, you should become familiar with the terms of PayPal’s User Agreement available here.

We process only the payment details with regard to the Purchase, i.e., the amount of the payment and the date it has been made.

You represent and warrant that: (i) you have the legal right to use any credit/debit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

Within 10 working days after the end of the Campaign, you will receive a payment certificate (donation certificate) for each Purchase. We will send you the donation certificate to the e-mail address specified by you when you registered.

All of the payments made through PayPal are deposited directly into the bank account of the Beneficiary.

6. Links To Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by us. You acknowledge and agree that these links are provided for convenience only and that we are not responsible for their content, and the Website is in no way tied to the contents of these websites, nor do we guarantee the authenticity of the information provided in them, description of services, protection of the personal information provided by you and others.

We don’t have control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

As we have no objective capability and obligation nor control over these websites and resources made available through hyperlinks placed on the Website, we are not responsible for the unlawful nature of the content and materials on these websites and resources. We shall not be liable for damages and loss of profit arising out of the use, access, or unreliability of these materials and content.

You acknowledge and agree that we shall 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 such content, goods or services available on or through any such third-party websites or services.

We shall not be liable for damages caused to software, hardware or telecommunication facilities, or for the loss of user data caused by materials or resources searched, loaded, or used in any way via the Website.

If you have any questions about the information on these websites and about how to use them, you should contact directly the owners and administrators of these websites.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Termination

We may terminate or suspend your account and access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to: a) breach of these Terms; b) if the Content you post is illegal, obscene, threatening, vulgar, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable; c) if we believe you are abusing us or our Website in any way; d) due to force major and technical issues.

If you wish to terminate your account, you may simply discontinue using the Website

If your account is terminated or suspended for any reason whatsoever, you will no longer be able to use our Website.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Liability. Disclaimers and limitation of liability

We have no objective capability and obligation to control the way you use the Website. You use the Website at your own responsibility, and agree that we are not liable for direct and/or indirect property and/or non-pecuniary damages and/or loss of profit arising as a result of terminated and/or interrupted access to the Website, as well as any other damages incurred in connection with the use of the Website.

We do not guarantee that the Website is continuously and all the time protected, safe, functioning properly without interruption, and without any other problems associated with its use.

We are not responsible for the lack of access to the Website in circumstances beyond our control in cases of force majeure, incidental events, problems in the global network Internet and in the provision of services beyond our control.

We are not responsible for the possible delay, limitation, disturbed or missing communication resulting from your Internet subscription. We are not responsible for the Internet connection of participants/benefactors.

We shall be indemnified for any damages, costs and claims resulting from a breach of these Terms, including but not limited to legal expenses, lawyers’ fees and other expenses incurred by us in connection with the protection of our rights and legitimate interests as a result of actions on your part which are unlawful or non-compliant with the Terms.

We do not provide any additional warranties to active participants, benefactors or third parties that are not covered by these Terms.

In the event that any of the above limitations and disclaimers is not permitted by law, our liability shall be deemed to be excluded/restricted to the fullest extent permitted by applicable law.

9. Cookies

Like many other websites, the Website uses cookies. Detailed information on the meaning and use of cookies, the nature of the information collected through them, etc., is contained in the Cookie Policy, which represents an integral part of these Terms.

10. Personal Data Protection

We respect the right of all users and the privacy and protection of their personal data. Detailed information on the collection and processing of personal data of participants/benefactors is contained in the Privacy Policy, which represents an integral part of these Terms.

11. Governing Law

These Terms shall be governed by the laws of the Republic of Bulgaria. Any disputes or claim arising from or connected with these Terms shall be referred to and finally resolved by the competent Bulgarian court.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Should any of the provisions of these Terms be or become ineffective or impracticable in whole or in part, or should there be an omission in these Terms then this shall not affect the effectiveness of the remaining provisions hereof. In lieu of any such ineffective or impracticable provision, or in order to fill the omission, such legally ineffective provision shall be deemed to be agreed, as comes as close as possible to what the Parties would have wished or agreed considering the purpose and spirit of these Terms, had they been aware of such ineffective, impracticable or missing provision when concluding these Terms.

These Terms constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

12. Changes

With your presence and use of the Website, it is assumed that you have become familiar with these Terms, you agree with all their provisions and you are bound to comply with them unconditionally. Upon disagreement, you shall terminate the use of the Website.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

The changes take effect after you have been notified of the same and if within 7 days as of the date of notification you do not declare that you are rejecting them. You agree that all statements regarding the modification of these Terms will be sent to your e-mail used for registration or by posting on a suitable place on the Website.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.