1. Acceptance of Terms
The FanAngel.com website (the "Site"), and FANANGEL™ app, which includes all text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide (collectively, the “Service”) are owned and operated by FANANGEL, LLC ("FanAngel").
FANANGEL may issue additional terms, rules and conditions of participation in particular pledges or contests. You agree to be subject to them if you participate in such pledges or contests.
Except for Section 15, providing for binding arbitration and waiver of class action rights,FANANGEL reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these terms.
In order to deposit money for use on this site you must be able to represent and warrant that: • you are of 18 years of age or older, or of legal age to form a binding contract in your jurisdiction; • you are a citizen or resident of a jurisdiction where use of this Service is legally permitted; • you are not listed on any U.S. Government list of prohibited or restricted parties; • you will abide at all times by these Terms and any other agreements between you and regarding your use of the Service or participation in pledges, challenges, or contests;
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. In addition to any other rights that may have in law or equity,FANANGEL reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any funds or prizes associated with such account) of any purported user of the Service that does not meet the foregoing requirements. FANANGEL may require you to provide proof that you are eligible to participate according to this section prior to participating in any activities.
FANANGEL employees may use the Service for the purpose of testing the user experience and to extend pledges, but may not withdraw money or prizes. FANANGEL consultants or promoters of the Service may participate in pledges, challenges and contests without such limitation, but only if (i) their arrangement with does not permit them to have any access to non-public Service data or any other data not made available to all users on the Service and (ii) they do not receive any other advantages in their usage of the Service.
4. Conditions of Participation
In order to participate in the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or has reasonable grounds to suspect that such information is inaccurate, not current or incomplete,FANANGEL may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
Account Password and Security:
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that in its sole discretion deems offensive. You may not use a Username that promotes a commercial venture unless verified by FANANGEL. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. FANANGEL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that FANANGEL is authorized to act on instructions received through the use of your Username and Password, and that may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason. FANANGEL may require you to change your Username or may unilaterally change your Username.
Communications and Information Practices:
As a result of your registration for the Service, you may receive certain commercial communications from FANANGEL. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or the contact us form on FanAngel.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation:
FANANGEL also reserves the right to cancel pledges, challenges or contests, in our sole discretion, without any restrictions. FANANGEL, in its sole discretion, may disqualify you from a pledge, challenge or contest or the entire Service, refuse to award funds or prizes and require the return of any funds or prizes, or suspend or terminate your account if you engage in conduct deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or claim a prize; violating any of these rules, accumulating funds or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any funds or prizes shall in no way prevent from pursuing criminal or civil proceedings in connection with such conduct.
Further, the Service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of pledges, challenges, or contests in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in the sole opinion of corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
The failure of FANANGEL to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Use of amateur, college, and professional athlete, school, team, association, league, event and other like names (“Names”), data, and other like public information on this site shall not be construed as any endorsement, approval, representation, or verification of, or affiliation with FANANGEL. Third party logos, trade names, product names, trademarks, and/or other identifiers may be registered trademarks or trademarks of their respective owners.
FANANGEL is not affiliated with or sponsored by any professional or minor sporting league. This includes, but is not limited to, the National Football League, the National Basketball Association, the National Hockey League, Major League Baseball, Major League Soccer, the National Collegiate Athletic Association, the English Premier League, the Italian Serie A, the Spanish La Liga, the German Bundesliga, and the French Ligue 1.
By using this service, you consent to FANANGEL and its service providers’ and business partners’ use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the service and/or other contests and generally, unless otherwise prohibited by law. Users agree that, from the date of notification of their status as a potential pledge recipient or contest winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to FANANGEL for up to 50 hours (or a higher quantity where specified by the rules of particular contests) of publicity, advertising and promotional activities relating to the challenges or contests or other products, services or events, without additional compensation. FANANGEL and its business partners reserve the right to make public statements about the users and participants, on-air, on the Internet, or otherwise, prior to, during, or following the pledges, challenges, or contests. Users agree that may announce any user’s name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of pledges, challenges, or contests, or Services operated by FANANGEL. You agree that participation in and (where applicable) the receipt of a pledge or contest prize constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain pledges, challenges, or contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Creating an account or campaign on FANANGEL is free. FANANGEL collects a service fee to cover the costs of running the Service and to cover fees of our payment partners at the time of transaction. If FANANGEL’s fees ever change, FANANGEL will announce that on the FANANGEL.com website. Our current fee is 7% on all transactions plus the 3rd payment partner fees (currently 2.9% + $0.30). When the beneficiary has an approved Stripe account linked to a campaign, then FanAngel transaction fees are discounted to 5%. Contact FanAngel for more information at email@example.com
A user can request a refund of their funds (less banking fees when applicable) through the Contact page on FanAngel.com or by emailing firstname.lastname@example.org
Pledge and prize recipients of any pledge, challenge, or contest are generally posted on the FANANGEL Site after the conclusion of each pledge, challenge, or contest within one-week of the event results being reported by the data verification service chooses to use. Pledge and prize recipients of any pledge, challenge, or contest may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement, a pledge acceptance agreement, a prize acceptance agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any pledge or prize recipient notification returned as undeliverable may result in disqualification and selection of an alternate pledge or prize recipient. In addition, a list of pledge and prize recipients’ names for each competition period may be obtained via email by contacting email@example.com
Those who receive(d) $600 or more (net donation amount) in reward or other prizes over the previous year must provide updated address and social security details to the campaign administrator. Please contact the campaign administrator through the contact link on the campaign page.
These details will be used to file a 1099-MISC with the Internal Revenue Service.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by FANANGEL. By way of example, and not as a limitation, you agree not to: • abuse, harass, impersonate, intimidate or threaten other users; • post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party; • use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user; • create or submit unwanted email ("Spam") to any other users; • infringe upon the intellectual property rights of FANANGEL, its users, or any third party; • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; • post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; • use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service; • use artificial means, including creating multiple user accounts, to inflate your position and standing with the leader boards and community; • advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; • sell or otherwise transfer your profile.
Violation of our rules may result in the removal of your Content from the Service and/or the canceling of your account. You acknowledge and agree that FANANGEL may remove any User Content (as defined below), and terminate any account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report violations of the Terms, please use the Contact Us page.
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not FANANGEL, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will FANANGEL be liable in any way for any User Content. You acknowledge that FANANGEL may or may not pre-screen User Content, but that and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, FANANGEL and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in FANANGEL's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service. With respect to User Content you submit or otherwise make available on FANANGEL or to the Service, you grant an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed. You are solely responsible for your interactions with other users of the Service.FANANGEL reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree to release and to indemnify, defend and hold harmlessFANANGELTMand its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy.FANANGELTMreserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with in the defense of such matter.
8. Warranty Disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge thatFANANGELTMhas no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You releaseFANANGELTMfrom all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate.FANANGELTMmakes no representations concerning any Content contained in or accessed through the Service, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
9. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THATFANANGELTM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,FANANGELTM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TOFANANGELTMFOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned byFANANGELTMor its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized byFANANGELTM, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web sites or resources. BecauseFANANGELTMhas no control over such sites and resources, you acknowledge and agree thatFANANGELTMis not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree thatFANANGELTMshall 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 site or resource.
12. Termination and Suspension
FANANGEL may terminate or suspend all or part of the Service and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your account, you may contact us via the Contact page with a note to say you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with FANANGEL regarding restoration of your account only via Contact page.
13. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
14. Notice and Procedure For Making Claims of Copyright Infringement
FANANGELTMmay, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provideFANANGELTM's Copyright Agent a written Notice containing 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; • 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 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.FANANGELTM's Copyright Agent can be reached by mail at firstname.lastname@example.org.
To be valid, a Notice must be in writing and must follow the instructions above. Please also use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
15. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution:
Our Customer Support Department is available via the Contact page to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our users’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit,FANANGELTMwill pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous,FANANGELTMwill pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of New York, State of New York, United States of America, and you andFANANGELTMagree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver:
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU ANDFANANGELTMAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out:
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: email@example.com.
The notice must be sent within 30 days of your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, FANANGEL also will not be bound by them.
Changes to this Section:
FANANGEL will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and FANANGEL agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Utah. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and FANANGEL shall be governed by the laws of the State of Utah without regard to conflict of law provisions.
16. APPLICATION LICENSE
Subject to your compliance with these Terms, FANANGEL grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a single device that you exclusively control and to run such copy of the app solely for your own personal use. FANANGEL reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
17. GENERAL INFORMATION
These Terms (and any additional terms, rules and conditions of participation in particular pledges, challenges, and contests that may post on the Service) constitute the entire agreement between you and FANANGEL with respect to the Service and supersedes any prior agreements, oral or written, between you and FANANGEL. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms:
The failure of FANANGEL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.