Last Updated: January 2, 2017
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Fanteractive reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
2. USE OF OUR SERVICE
a. Eligibility. Because we respect the rights of children and parents, you may use the Fanteractive Service only if you can form a binding contract with Fanteractive, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Because we respect the Fanteractive community, the Service is not available to any Users previously removed from the Service by Fanteractive. The Service is provided for your personal, noncommercial use only. You may not use the Service for any commercial purposes.
b. Fanteractive Accounts.
c. Your responsibility for your account: You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure. You must notify Fanteractive immediately of any breach of security or unauthorized use of your account. Fanteractive will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of Fanteractive or others due to such unauthorized use.
Fanteractive may allow Users to create or join groups on the Service in order to share articles and other content, and to send SMS text messages to other Group members (a “Group”). If you are added to a Group by a User, you may be sent an SMS text message with a unique hyperlink to directly access your Group’s page. Anyone with access to this unique hyperlink will be able access your group on the Service using your name, and so you agree to keep the Group’s page hyperlink secure. You can remove yourself from a Group by following the instructions on the Service. For more information, see the “Group Messaging and Text Messages on the Service” section below.
f. Your interaction with other Users
. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Fanteractive will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.
g. Changes to the Service. Here at Fanteractive, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, Fanteractive may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
3. ACCEPTABLE USE OF THE FANTERACTIVE SERVICE
We think Fanteractive provides Users with an amazing platform to discover and contribute sports content, analyze teams, players, events and other aspects of the sports industry, and discuss and share that content with others. To keep Fanteractive running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the Fanteractive Acceptable Use Policy.
4. SHARING YOUR CONTENT
a. Your content. Fanteractive allows you to post content on the Service, including comments, photos, blog posts, scounting reports, messages, game analyses, ratings, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” YOU RETAIN OWNERSHIP OF YOUR USER CONTENT OF ORIGINAL AUTHORSHIP.
b. How Fanteractive and other Users can use your content. You own all of the User Content that you post or publish (“post”) on the Service. Subject to your profile and application settings, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service, individually and in aggregate, and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in this Agreement shall restrict Fanteractive’s rights under separate licenses to User Content.
c. Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. Fanteractive reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. Fanteractive takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Fanteractive is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Fanteractive shall not be liable for any damages you allege to incur as a result of such User Content.
d. Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
e. User Content Programs. We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which Fanteractive may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Fanteractive. While Fanteractive may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that Fanteractive does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Fanteractive may make about your User Content are only suggestions, based on our understanding of how Users typically access Content and use the Service. You are not required to implement any suggestion made by Fanteractive regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that Fanteractive does not participate in the creation of any of your User Content.
5. OUR CONTENT
a. Fanteractive Content. Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of Fanteractive and its licensors and sublicensors (“Fanteractive Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Fanteractive Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Fanteractive Content, including without limitation, any materials or content accessible on the Service. "Fanteractive" and other Fanteractive graphics, logos, designs, page headers, button icons, scripts, and service names are marks, trademarks, trademarks or trade dress of Fanteractive protected by the laws of the United States and/or other countries or jurisdictions. Fanteractive's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Fanteractive Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
b. Our license to you.
Subject to the terms and conditions of this Agreement, Fanteractive provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. Fanteractive may terminate this license at any time for any reason or no reason.
c. Feedback you provide. We value input from our Users, and are always interested in learning of ways we can make Fanteractive better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fanteractive under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Fanteractive does not waive any rights to use similar or related Feedback previously known to Fanteractive, or developed by its employees, or obtained from sources other than you.
6. GROUP MESSAGING AND TEXT MESSAGES ON THE SERVICE
a. Overview of Messages and Fees. Fanteractive may allow you to send SMS text messages through our Service to other Users or to third parties (“Messages”) when you add members to a Group on the Service or when you share an article or other content with members of a Group. Fanteractive may send administrative SMS text messages to you and to the recipients of your Messages in connection with your Messages, including instructions on how to stop receiving Messages. You must obtain express consent from any non-Users before adding them to your Group (thereby sending them a Message). Fanteractive is not responsible for any SMS text messages sent to non-Users when you add those non-Users to your Group or share articles and other content with members of your Group. While Fanteractive does not charge a fee for sending or receiving Messages through the Service, standard text messaging rates may apply, and you acknowledge and agree that you shall be solely responsible for all such fees.
b. Opting out of Messages.
If you no longer wish to receive Messages, you may text “STOP” to the number you received the message from, or e-mail us at firstname.lastname@example.org
. Opting out of Messages will not remove you from any Group. To remove yourself from a Group, please follow the instructions on the Service, where applicable. Fanteractive will use commercially reasonable efforts to ensure that Users may not forward any Fanteractive articles or other content to a non-User who replied “STOP” to a previously forwarded message.
7. FANTERACTIVE'S COPYRIGHT POLICY
Fanteractive requires that Users of the Service respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (“DMCA”), Fanteractive will terminate, where warranted as determined in Fanteractive’s sole discretion, Users whom Fanteractive believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Site, please send a "DMCA Notice" described below to Fanteractive’s DMCA Agent. For your DMCA Notice to be valid under the law, you must provide the following information in writing:
a. Identification of the copyrighted work that you claim has been infringed.
b. Identification of the material that you claim is infringing, with sufficient detail so that Fanteractive may readily locate it.
c. Information sufficient to permit Fanteractive to contact you such as your name, address, telephone number, and e-mail address.
d. A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
e. A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
f. The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.
The DMCA Notice must be submitted to the following DMCA Agent:
Attn: Legal Department/DMCA
PO Box 2682
Westfield, NJ 07091
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Fanteractive and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fanteractive’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
You agree to defend, indemnify and hold harmless Fanteractive, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account or Fanager ID.
10. NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FANTERACTIVE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FANTERACTIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FANTERACTIVE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FANTERACTIVE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. THIRD-PARTY LINKS, SITES AND SERVICES
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANTERACTIVE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF FANTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL FANTERACTIVE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Fanteractive makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
14. TERMINATION OF YOUR ACCOUNT AND THE SERVICE
Fanteractive may terminate or suspend the Service in whole or in part and/or your Fanteractive account immediately, without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.
If you wish to terminate your Fanteractive account, you may discontinue using the Service by sending an email message to email@example.com with the words "Terminate account" in the subject field, or by sending mail to the following postal address:
Fanteractive Carolina LLC
Attn: Account Services
PO Box 2682
Westfield, NJ 07091
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. GOVERNING LAW AND ARBITRATION
a. Governing Law. You agree that: (i) the Service shall be deemed solely based in New Jersey; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Fanteractive, either specific or general, in jurisdictions other than New Jersey. This Agreement shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in Union County, New Jersey or the United States District Court for the District of New Jersey, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
For any dispute with Fanteractive, you agree to first contact us at firstname.lastname@example.org
and attempt to resolve the dispute with us informally. In the unlikely event that Fanteractive has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Fanteractive claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Fanteractive agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FANTERACTIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16. MISCELLANEOUS TERMS
a. No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Fanteractive in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Fanteractive may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Service, as determined by Fanteractive in our sole discretion. Fanteractive reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. Fanteractive is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add email@example.com to your email address book to help ensure you receive email notifications from us.
c. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Fanteractive in connection with the Service, shall constitute the entire agreement between you and Fanteractive concerning the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by you except with Fanteractive's prior written consent. Fanteractive may transfer, assign or delegate this Agreement and its rights and obligations without consent.
e. Contact. Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last updated on: January 2, 2017
Please email any questions to email@example.com