TERMS AND CONDITIONS
Agreement between user and FANATY LLC
Welcome to FANATY LLC. The FANATY LLC mobile device software application (the "App") is comprised of various web pages (if any) operated by FANATY LLC. FANATY LLC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of FANATY LLC constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
FANATY LLC is an App intended to be used for recreational purposes for individual(s) who want to record themselves while playing sports. The App should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application could lead directly to death, personal injury, or severe physical or property damage.
Visiting the App or sending emails to FANATY LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing.
If you use this App, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FANATY LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. FANATY LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
FANATY LLC does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use the App only with permission of a parent or guardian.
Links to third party apps/Third party services
The App may contain links to other websites and mobile device software applications ("Linked Sites"). The Linked Sites are not under the control of FANATY LLC and FANATY LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FANATY LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FANATY LLC of the site or any association with its operators.
Certain services made available via FANATY LLC may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Fanaty.com domain, you hereby acknowledge and consent that FANATY LLC may share such information and data with any third party with whom FANATY LLC has a contractual relationship to provide the requested product, service or functionality on behalf of FANATY LLC users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App, is the property of FANATY LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. FANATY LLC’s App content is not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FANATY LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FANATY LLC or our licensors except as expressly authorized by these Terms. Notwithstanding anything to the contrary, all the videos recorded by the user belong to the user and user may use the video contents for all legal matters.
Use of communication services
The App may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively,"Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
FANATY LLC has no obligation to monitor the communication services. however, FANATY LLC reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion including a user’s registration or attempt to communicate with other users, as well as a user’s use of or access to the location information and profiles of other users. accordingly, FANATY LLC also reserves the right to (a) disable any user’s use of or access to the FANATY LLC services, including the location information or profiles of other users, or (b) terminate any user’s account, for any reason and without any notice.
FANATY LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FANATY LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FANATY LLC 's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FANATY LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, FANATY LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FANATY LLC spokespersons, and their views do not necessarily reflect those of FANATY LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Grant of license to FANATY LLC of materials provided or posted on any FANATY LLC web page
FANATY LLC does not claim ownership of the materials you provide to FANATY LLC (including feedback and suggestions) or post, upload, input or submit to any FANATY LLC App or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FANATY LL and our affiliated companies permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. FANATY LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FANATY LLC 's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your FANATY LLC account to third party accounts. By connecting your FANATY LLC account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by FANATY LLC from our offices within the USA or FANATY’s independent contractors in the country of Argentina. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FANATY LLC Content accessed through FANATY LLC in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FANATY LLC, its officers, directors, reasonable attorney's fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FANATY LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FANATY LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FANATY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.
TO THE EXTENT PERMITTED BY LAW, (1) FANATY LLC MAKES NO EXPRESS OR IMPLIED PROMISES AS TO FANATY LLC, ITS COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY, AND THE AUTHENTICITY OF ANY AND ALL WORK AND ITEMS OFFERED IF ANY AND PRESENTED ON THE APP AND/ORWEBSITE; (2) YOUR ACCESS AND USE AT YOUR OWN RISK, AND FANATY LLC IS PROVIDED "AS IS" AND "AS AVAILABLE"; (3) FANATY LLC, IS NOT LIABLE FOR ANY HARM RESULTING FROM (A) USER CONTENT; (B) USER CONDUCT, E.G. ILLEGAL CONDUCT; AND (C) YOUR USE OF FANATY LLC.
FANATY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FANATY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FANATY LLC (OR ITS AFFILIATES, SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES [RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE FANATY LLC SERVICES; and (C) THE FANATY LLC SERVICES GENERALLY (INCLUDING THE FANATY LLC SOFTWARE) OR SYSTEMS THAT MAKE THE FANATY LLC SERVICES AVAILABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANATY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FANATY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FANATY LLC, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FANATY LLC AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FANATY LLC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FANATY LLC SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FANATY LLC AND ITS SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER FANATY LLC SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FANATY LLC SERVICES, IT WILL BE AT YOUR OWN DISCRETION AND RISK.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD FANATY LLC (AND ITS AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS, AND SUPPLIERS AND PARTNERS) HARMLESS FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LOSSES, COSTS, DAMAGES, AND ANY OTHER LIABILITIES, INCLUDING ATTORNEYS’ FEES, BROUGHT BY A THIRD PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OR MISUSE OF ANY LOCATION INFORMATION OR THE OTHER FANATY LLC SERVICES GENERALLY, (B) ANY VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY BY YOU, (C) ANY BREACH OR VIOLATION BY YOU OF THIS AGREEMENT, OR (D) YOUR USE THE FANATY LLC SERVICES TO MEET ANOTHER USER IN-PERSON OR TO LOCATE AND ATTEND ANY OFFLINE PLACE OR EVENT. FANATY LLC RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.
FANATY LLC reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Miami-Dade County Florida in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FANATY LLC as a result of this agreement or use of the App. FANATY LLC 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FANATY LLC 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by FANATY LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FANATY LLC with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FANATY LLC with respect to the App. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
FANATY LLC reserves the right, in its sole discretion, to change the Terms under which FANATY LLC is offered. The most current version of the Terms will supersede all previous versions. FANATY LLC encourages you to periodically review the Terms to stay informed of our updates.
FANATY LLC welcomes your questions or comments regarding the Terms:
Effective as of