Effective Date: August 30, 2018. 12:00am PDT
The terms “YOU,” or “YOUR” refers to you as the individual who visits, browses and/or USES (as the term is defined below) the Site and/or the Service. The terms “We,” “Our,” “Us,” or the “Company” as used herein refer to FANview Sports, Inc., its affiliates and subsidiaries, collectively. The term “USE” as capitalized, including its past, present, future tense variations, as used herein shall mean to access, to interact with, and/or to use and shall include all past, present, and future tenses variations thereof.
This Agreement is a legally binding contract between YOU and the Company. By visiting, browsing and/or USING the Site and/or the Service, YOU agree to fully abide by and be bound by the terms and conditions as stated in this Agreement, as amended from time to time, and as applicable to YOU. USE of the Site and/or the Service, includes without limitation, using, interacting with and/or accessing any information, tools, features, software, functionality, content, updates and/or new releases as provided by the Company pertaining to or regarding the Site and/or the Service.
In order to USE any part or portion of the Site and/or Service, YOU must be at least 18 years of age or be of legal age to form a binding contract with the Company in YOUR state of residence. Please note that the Site and the Service are for USE by residents of the United States of America only. If YOU reside outside of the United States of America (“U.S.A.”), do not use the Site or the Service.
YOU AGREE AND REPRESENT THAT BY USING THIS SITE AND/OR THE SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND/OR THAT YOU ARE LEGALLY ABLE TO AND HAVE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
However, if YOU wish to close out YOUR User Account, YOU must contact Us to do so. YOU may contact Us via e-mail at Support@Playfanview.com or write to Us at 311 N. Robertson Blvd., #370, BEVERLY HILLS, CA 90211, Attention: Support Team at FANview Sports, Inc. requesting that We close YOUR User Account. YOU do not have any property interest or ownership interest in YOUR User Account or its content (except for YOUR User Content). YOUR User Account is personal to YOU and cannot be transferred to or used by another. YOU are also responsible for all activities that are carried out under YOUR User Account.
To create a User Account, YOU will be asked to provide a valid e-mail address, password and date of birth. Once the User Account is created, a username will be automatically generated and assigned to YOU. YOU will be able change YOUR username after YOU have created YOUR User Account as well as to provide additional information to Us such as YOUR full name, city, state and/or country of residence. You are not required to provide Us the aforementioned additional information in order to USE the Service or to create a User Account, however, such additional information will help optimize YOUR user experience, give YOU access to certain features of the Service or the Site and/or assist Us with Our business operations. Please note that YOUR username will be made public to other users of the Site and/or the Service.
When YOU create a User Account YOU will be prompted to add a profile photo to YOUR User Account. YOU will have two options: (1) YOU may upload the profile photo that YOU use for YOUR Facebook.com account by logging into YOUR Facebook account when prompted; or (2) YOU may select and use one of the avatars that We make available to YOU as YOUR profile photo. Please note that YOUR profile photo will be made public to other users of the Site and/or the Service. When signing into Facebook.com to upload YOUR profile photo, YOU give permission and consent to Us to collect the aforementioned information about YOU from Facebook, Inc. and use it as part of the Service.
. For efficiency purposes, We provide YOU the option to create a User Account and to perform future log-ins by logging into social media platforms such as Google+ and Facebook.com with which YOU already have an account (“Social Media Log-in”). If YOU decide to use YOUR Social Media Log-in to set up or log-in to Your User Account, the Company will collect certain information relating to YOUR Google+ or Facebook.com account, including YOUR email address, YOUR first and last name, YOUR Facebook.com/Google+ profile ID, and any public profile information available from YOUR Google+ or Facebook.com account. YOU may be able to manage the data which is shared with Us by such third parties by amending YOUR preferences using the privacy settings which these third parties provide on their platforms. When creating a User Account using YOUR Social Media Log-in, YOU give permission and consent to Us to collect the aforementioned information about YOU from Facebook, Inc. and/or Google, Inc. Please note that the Company will not obtain or have access to YOUR Social Media Log-in password.
YOU agree that YOU are entirely responsible for information that YOU provide to Us or that is obtained, accessed and/or retrieved with YOUR permission. YOU are entirely responsible for maintaining the confidentiality of YOUR password(s) created for YOUR User Account and other log-in information used to access said account, including YOUR Social Media Log-in. YOU agree to take all reasonable steps to safeguard this information for YOUR User Account so as to ensure that no unauthorized person or device will have access to it. YOU agree to notify the Company immediately upon any unauthorized use of YOUR User Account, username or password and shall take such further steps as may reasonably be requested by the Company to prevent unauthorized use thereof. YOU may not use the account, username, e-mail address or password of someone else. The Company shall not be liable for any loss that YOU incur as a result of someone else using YOUR e-mail address, username and/or password, either with or without YOUR knowledge and/or consent. YOU agree that YOU may be held liable for any losses incurred by the Company, its affiliates, shareholders, directors, officers, employees, consultants, agents, representatives and successors and assigns due to misuse of YOUR User Account, username, e-mail address and/or password or another’s use of the aforementioned.
YOU may download, use and/or print information from the Site or the Service for YOUR personal, internal and non-commercial use only, without modification or alteration of any kind, during the Term of this Agreement, in accordance to the terms and conditions as stated herein. Any use, download, upload, distribution, reprint, electronic reproduction or transfer of any content from the Service or the Site, in whole or in part, for any other purpose is expressly prohibited.
The Service, the Site, all Company products, trademarks, copyrights, trade secrets, and trade dress and all content and information of or pertaining to the Service and/or the Site, including but not limited to the “look and feel,” design, graphics, art, images, logos, text, photographs, editorial content, language, notices, and all software, source codes, codes, know-hows, techniques, processes, inventions (whether patentable or unpatentable), programs, methods and any other information, material and/or data, whether digital or non-digital, (hereinafter referred to as the “Company Content”) made available to YOU by the Company are the sole and exclusive property of the Company or its licensors. The Company does not assign or transfer to YOU any title, interest or rights to any portion of the Company Content or any portion of the intellectual property rights pertaining to the same.
Any Company Content that YOU use from the Site or the Service, (which excludes information or photos expressly submitted by YOU to the Company) shall be licensed to YOU by the Company as stated herein, subject to YOUR compliance of the terms and conditions of this Agreement, during the Term of this Agreement, for YOUR personal, noncommercial, use only. Said license is limited in nature and shall be a revocable, nonexclusive, non-transferable, nonassignable, nonsublicensable license limited in its scope to allow only for the USE of the Site and/or the Service as indicated herein or otherwise by the Company. Said license will automatically and immediately terminate if YOU fail to comply with any of the terms and conditions of this Agreement. You may not USE, download or copy any Company Content unless it is expressly provided for in this Agreement. PLEASE SEE SECTION 6.1 FOR FURTHER RESTRICTIONS ON THE USE OF THE COMPANY CONTENT.
YOU may download and use a copy of any mobile application provided by the Company (“Company App”), on a permitted mobile device that YOU own and control, for personal and noncommercial use only, subject to the aforementioned license and Restrictions. YOU shall not run any version of a Company App on a jailbroken device. Further, no Company App is sold to YOU, but licensed pursuant to the terms of this Agreement.
YOU must use a Company App only on an Apple branded product that runs IOS, that YOU own and control, and as permitted by the Usage Rules set forth App Store Terms of Service. When you download and/or use Our Company App on an Apple device, the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/), shall also be applicable to YOU. The terms of the LAEULA, which are incorporated herein by said reference, shall act as a supplement to the terms of this Agreement and shall not supersede or replace any term or provision of this Agreement. To the extent any term and/or provision of the LAEULA conflicts with the terms and/or provisions of this Agreement, this Agreement shall govern and be applicable to YOU and the conflicting term(s) and/or provision(s) in the LAEULA shall not be applicable. For the purposes of this Agreement, YOU shall be considered as the “end-user,” as identified in the LAEULA, the Company App shall be considered as the “Licensed Application” as defined in the LAEULA, and the Company shall be considered as the “Application Provider” as defined in the LAEULA.
YOU, as the end-user, and the Company, as the “Application Provider”, acknowledge that:
YOUR USE of the Service and/or the Site (which includes downloading the Company App) must also comply with all terms and conditions as required by Apple and/or other third parties, which are separate from the terms and conditions of this Agreement, including Apple’s Usage Rules as above-mentioned.
In the event of any failure of a Company App to conform to any applicable warranty, if any (which has not been disclaimed by this Agreement), YOU may notify Apple, and Apple will refund the purchase price (if any) for the Company App to YOU; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Company App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any applicable warranty (if any) will be the Company’s sole responsibility.
YOU and Us acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon YOUR acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against YOU (the end-user) as a third-party beneficiary thereof.
YOU, as the end-user, represent and warrant that (i) YOU are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) YOU are not listed on any U.S. Government list of prohibited or restricted parties. YOU, as the end-user, must comply with applicable third-party terms of agreement when using the Licensed Application, including but not limited to, YOUR wireless data service agreement when using the Licensed Application.
All data and content provided by any Company App is provided “AS-IS” AND “AS AVAILABLE” with all faults and without warranties of any kind, express or implied. Under no circumstance or reason will the Company be liable to YOU or others for any service interruptions or operation issues with respect to any Company App.
IF YOU, as the end-user, have questions, complaints or claims with respect to any Company App, please direct such communication to the Company at the address provided in this Agreement.
*The term “Licensed Application” may be interchanged herein with the term “Company App” and shall have the same meaning.
If YOU download a Company App onto YOUR permissible mobile device, it may offer push notification features. You may accept or refuse these, and can subsequently turn these off by visiting the settings menu on YOUR device.
The USE of any Company App requires use of a mobile device and wireless mobile data service and/or Internet access, which must be obtained from your wireless carrier and/or service provider; you are SOLELY responsible for obtaining and paying for such additional services and obtaining (and/or purchasing) a suitable mobile device (that conforms to the requirements of this Agreement), including without limitation, payment of all usage charges related thereto. No Company App can be used offline (i.e. without Internet access). YOU may be required to send and receive, at YOUR cost, electronic communications related to a Company App, including without limitation, administrative messages, invitations, service announcements, diagnostic data reports, and/or updates, from the Company, YOUR mobile carrier and/or third-party service providers. If YOU do not have an unlimited wireless mobile data plan, YOU may incur additional charges from YOUR wireless carrier or service provider in connection with YOUR use of a Company App. YOU are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access a Company App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through a Company App.
The Company App is limited to IOS and Android devices and may not be used on outdated versions of the same or with all mobile carriers. The Company makes no representations or guarantees that the Licensed Application will be compatible with all mobile carriers or mobile devices. In the event that fees are charged for the Licensed Application, or by other third-party service providers for the product(s) or service(s) they provide, YOU agree to pay such fee to the respective party in exchange for YOUR continued USE of such product(s) and/or service(s).
The Company imposes certain restrictions on YOUR permissible USE of the Site and the Service. YOU are prohibited from accessing, downloading, uploading, printing, posting, storing, or otherwise USING the Site, the Service or any of the Company Content for any commercial use or purpose, whatsoever, whether on behalf of YOURself or on behalf of any third party; Such USE shall constitute a material breach of this Agreement.
Further, YOU are prohibited from violating or attempting to violate any security features of the Site or the Service, including, without limitation, (a) accessing content or data not intended for YOU, or logging onto a server or account that YOU are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or the Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or the Service to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or the Service; or (f) attempting to copy, modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form, any of the Company Content, source code or other content used by Company in providing the Site or the Service; (g) YOU will not harvest or otherwise collect, without proper authorization, information from other users of the Site or the Service, including account name, e-mail addresses and other Personal Information. Any violation of system or network security may subject YOU to civil and/or criminal liability.
YOU agree not to USE or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Site or the Service in a manner that sends more request messages to the Company servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser. YOU agree not to USE the communication systems provided by the Site or the Service, if any, for any commercial solicitation purposes or to distribute, host, post spam, chain letters, or pyramid schemes. You agree that if YOUR bandwidth usage exceeds the average bandwidth usage (as determined solely by the Company) as compared to other users of the Site or the Service, the Company has the right to immediately disable YOUR User Account or throttle YOUR usage until YOU can reduce YOUR bandwidth consumption. No direct communication is allowed between YOU and other users through the Site or the Service.
YOU agree not to use the Site or the Service for any illegal activity or conduct.
The Company reserves the right in its sole and unfettered discretion to block access to the Site and/or the service or discontinue and/or terminate the Service to anyone that violates the terms and conditions of this AGREEMENT, and to investigate and take appropriate legal action against anyone who violates the terms and conditions of this AGREEMENT, INCLUDING THIS Section.
SUBJECT TO THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS SOLE CONTROL OVER THE OPERATION OF THE SITE AND THE SERVICE AND ALL CONTENT CONTAINED THEREIN.
THE COMPANY FULLY RESERVES THE RIGHT in its sole and unfettered discretion TO DISCONTINUE ANY ASPECT OF THE SITE OR THE SERVICE AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. ANY SUSPENSION OF TERMINATION OF YOUR USER ACCOUNT OR THE SERVICE BY THE COMPANY SHALL NOT AFFECT YOUR LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT.
“User Content” shall mean any information, data, or other content that YOU input, submit, post, upload and/or transmit to or through the Site, including to YOUR User Account to USE the Service and/or the Site. This User Content may include, without limitation, YOUR Personal information, such as YOUR name, e-mail address, date of birth, passwords, usernames, and other personally identifiable information (pertaining to YOU or other individuals) that YOU provide to Us or that is obtained by Us through YOUR USE of the Service or the Site. YOU agree that the Company shall have no liability or responsibility with respect to any User Content and YOU hereby release the Company, its shareholders, its directors, its officers, its employees, agents, representatives, affiliates and successor and assigns from any and all liability, responsibility, damages, loss and claims, including allegations of the same, arising out of, relating to or connected with YOUR User Content or any part thereof. YOU represent and warrant that YOUR User Content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person, entity or organization (including Us) or any applicable law. YOU agree to bear the responsibility and liability of any and all User Content; YOU agree to defend, hold harmless and fully indemnify the Company with respect to any claims (including alleged claims) pertaining to YOUR User Content (including without limitations, claims (and alleged claims) pertaining to the misuse of any third-party information provided to Us by YOU). YOU agree that YOU be held liable for any losses incurred by the Company, its affiliates, shareholders, directors, officers, employees, consultants, agents, representatives and successors and assigns as a result or in connection with YOUR User Content. YOU acknowledge, agree, understand that the Company does not endorse any User Content or any opinion, recommendation or advice expressed therein.
YOU agree not to upload, download, use, display, perform, provide, submit, transmit, or otherwise distribute or permit to be obtained or retrieved any User Content or any other content that (a) is unlawful, false or a misrepresentation; (b) is libelous, defamatory, obscene, pornographic, abusive, racially or ethnically offensive, lewd, or threatening or constitutes harassment or a hate crime to any third party or the Company; (c) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation or the terms of this Agreement; (d) the Company in its sole and unfettered discretion believes or determines to be objectionable or inappropriate for the Site or the Service; (e) advertises or otherwise solicits funds or money for any purpose or is a solicitation for goods or services; (f) infringes or attempts to infringe upon the intellectual property rights, including right to publicity or privacy rights of any third-party or the Company or that breach any contractual rights or obligations; or (g) constitutes, threatens or promotes verbal, physical or written abuse or bullying of any kind to another person, including other users of the Site or the Service or any employee, officers, director, shareholder, representative, agent, or affiliate of the Company.
The Company assumes no responsibility to monitor the Site or the Service for User Content OR USER ACTIVITY that is in violation of this AGREEMENT or applicable law and TO make modifications and/or remove content as a result. Notwithstanding the foregoing, the Company, reserves the right, in its sole and unfettered discretion, to reject, remove or refuse any User Content or to restrict, suspend or terminate YOUR access to the Site or the Service, at any time, with or without reason or cause, without PRIOR notice TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR YOUR USER CONTENT OR YOUR ACTIVITIES AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.
YOU MAY NOT USE, COPY, OR MODIFY ANY COMPANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY SOFTWARE OR SOURCE CODE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THE COMPANY RESERVES AND RETAINS ALL RIGHTS, INTEREST AND TITLE TO COMPANY CONTENT, THE SITE, AND THE SERVICE. YOUR USE OF THE SITE OR THE SERVICE DOES NOT GRANT YOU ANY RIGHTS, TITLE OR INTEREST IN OR TO ANY COMPANY CONTENT (INCLUDING ANY RIGHTS OR INTEREST TO INTELLECTUAL PROPERTY OWNED OR LICENSED BY US), UNLESS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
YOU shall not (nor attempt to) (a) copy, modify, reverse engineer, decompile, disassemble, or otherwise reduce or reduce to a human-perceivable form, any Company Content, source code or other content used by the Company in providing the Site, the Service or to operate its business; (b) derive the source code of the Site (including any Company App) or the Service; (c) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Company Content, Site or Service to any third-party or to YOURself; or (d) make any copy of or otherwise reproduce the Site or the Service (or any of the browser screens comprising the Site or the Service user interface) except for those copies that are expressly permitted in this Agreement.
When USING the Site and/or the Service, YOU agree to obey and abide all applicable intellectual property laws and to respect the intellectual property rights of others, including the Company. YOUR USE of the Service and/or the Site is at all times governed by and subject to these intellectual property laws, including laws pertaining to copyright ownership. YOU agree not to use, upload, download, display, perform, transmit, transfer, sell or otherwise distribute any information or content (collectively, “Content” for the purpose of this Section) in violation of any third-party’s rights, including without limitation, copyrights, trademarks, or other intellectual property or proprietary rights. YOU shall be solely responsible and liable for any violations of any laws, including intellectual property laws, pertaining to any infringement(s) or violations or alleged infringement(s) or violations of third-party rights (including the Company’s rights), caused by YOU, YOUR actions, YOUR USE of the Site and/or Service and/or caused by any Content that is provided, transmitted, or displayed using YOUR username and/or password. The burden of proving that any Content does not violate any laws or third-party rights rests solely with YOU.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or in connection with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If YOU have evidence, know, or have a good-faith belief that YOUR rights or the rights of a third party have been violated and YOU want the Company to delete, edit, or disable the material in question, YOU must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact YOU, such as an address, telephone number, and if available, an electronic mail address at which YOU may be contacted; (e) a statement that YOU have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that YOU are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, YOU must provide it to Company’s designated agent at:
Attention: Copyright Agent
FANview Sports, Inc.
311 N. Robertson Blvd., #370
BEVERLY HILLS, CA 90211
This Agreement shall commence and become effective on the earliest of the following to occur; (1) the date that YOU first access or visit the Site; (2) the date that YOU first USE the Site or the Service (in any degree and capacity); or (3) the date that YOU create a User Account and simultaneously accept the terms and conditions of this Agreement. This Agreement shall remain effective until terminated pursuant to the terms of this Section (“Term”).
YOU may terminate this Agreement and USE of the Site and/or the Service at any time, by ceasing USE of the Site and/or the Service. However, if YOU have a User Account with Us, YOU must contact Support@playfanview.com and request to close YOUR User Account to terminate this Agreement, which can be done at any time; under such circumstances, YOUR termination will be deemed effective upon the date YOUR User Account is closed by Us.
TERMINATING THE SERVICE OR THIS AGREEMENT SHALL NOT AFFECT YOUR OBLIGATIONS AND LIABILITY UNDER THIS AGREEMENT. FURTHER, THERE ARE CERTAIN TERMS AND CONDITIONS AS STATED HEREIN THAT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. SEE BELOW.
The Company reserves the right to terminate this Agreement and YOUR USE of the Site and/or the Service, at any time, with or without reason or cause, and without prior notice to YOU, and in its sole and unfettered discretion.
You acknowledge and agree that THE COMPANY may immediately deactivate or delete YOUR user account and all related information and/or prohibit any further access to your user account, the Service OR the SITE by YOU AND TO DO SO WITHOUT PRIOR NOTICE TO YOU. Further, YOU agree that THE COMPANY shall not be liable to YOU or any third-party for any termination of YOUR access to your user account, the service or the site.
While We maintain industry standard security practices, We cannot guarantee that the information that We collect and store will be completely secure. In particular, We cannot guarantee the complete security of any Personal information collected from YOU or obtained by Us due to YOUR USE of the Site and/or the Service. By USING the Site or the Service and/or providing or consenting to the collection of YOUR information (including Personal Information), YOUR acknowledge that YOU understand and agree to assume all risks involved.
YOU ACCEPT THAT OUR SECURITY PRACTICES ARE “AS IS,” AND ANY INFORMATION THAT YOU SUBMIT TO US OR FOR THE USE OF THE SERVICE AND/OR THE SITE, OR THAT WE COLLECT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICE, YOU DO SO AT YOUR OWN RISK AND BY ASSUMING ALL RISKS AND LIABILITIES. FURTHER, YOU UNDERSTAND AND ASSUME ALL RISKS AND LIABILITIES ASSOCIATED WITH ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION STORED ON OUR OR SERVERS OR SERVERS USED BY US.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE SECURITY OF THE ABOVE-MENTIONED OR FOR THE SECURITY OF THE ANY INFORMATION, CONTENT OR DATA STORED OR KEPT ON ANY ELECTRONIC DEVICE THAT YOU OWN, OPERATE AND/OR FROM WHICH YOU ACCESS THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR DESKTOP COMPUTERS AND/OR MOBILE DEVICES.
NO WARRANTY. NOTWITHSTANDING ANY TERM OR PROVISION IN THIS AGREEMENT TO THE CONTRARY, THE FOLLOWING SHALL APPLY:
THE SITE, THE SERVICE, ALL COMPANY CONTENT, ALL INFORMATION, ALL DATA, ALL FEATURES, ALL UPDATES, AND ALL CONTENT, ALL SERVICES AND PRODUCTS ASSOCIATED WITH OR PROVIDED THROUGH THE SERVICE OR THE SITE (WHETHER OR NOT SPONSORED) (COLLECTIVELY REFERRED TO IN THIS SECTION AS THE “CONTENT”), AND ALL USABILITY, RELIABILITY AND ACCURACY OF THE SAME, ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED. THE COMPANY AND ITS AFFILIATES, THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, SUPPLIERS, VENDORS, THIRD-PARTY BENEFICIARIES, THIRD-PARTY BUSINESS ASSOCIATES, AND AUTHORIZED REPRESENTATIVES, (COLLECTIVELY REFERRED TO AS "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICE, INCLUDING ANY COMPANY APP. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND/OR THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE OR THE SERVICE.
NEITHER THE COMPANY NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, USABILITY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OR OF THE SITES OR THE SERVICE, INCLUDING THE COMPANY APP (WHETHER OR NOT SPONSORED). NEITHER THE COMPANY NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE OR THE SITE IS FREE OF INFECTION FROM ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND/OR CORRECTION PERTAINING TO YOUR USE OR THAT MAY OCCUR DUE TO YOUR USE OF THE SITE, AND/OR THE SERVICE (INCLUDING THE COMPANY APP).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS IMPLIED, OR STATUTORY, REGARDING THE CONTENT, THE SITE OR THE SERVICE (INCLUDING ANY COMPANY APP), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. COMPANY AND ITS SUPPLIERS DO NOT WARRANT THAT THE SITE OR THE SERVICE (INCLUDING ANY COMPANY APP) WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY AND ITS SUPPLIERS DO NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE CONTENT, THE SITE OR THE SERVICE AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE CONTENT, THE SITE OR THE SERVICE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, COMPANY EMPLOYEES OR ITS SUPPLIERS OR IT’S SUPPLIER’S EMPLOYEES SHALL CREATE A WARRANTY OR INCREASE IN ANY WAY THE SCOPE OF THE COMPANY’S AND ITS SUPPLIER’S OBLIGATIONS BEYOND WHAT IS EXPRESSLY STATED HEREIN.
THE COMPANY’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY DAMAGES, REAL AND PERSONAL PROPERTY DAMAGES OR DAMAGES OF ANY OTHER KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, REGARDLESS OF THE FORESEEABILITY OR ADVISEMENT OF THOSE DAMAGES, ARISING IN WHOLE OR IN PART AND/OR OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR USE, ACCESS OR INTERACTION WITH THE SITE OR THE SERVICE (INCLUDING ANY COMPANY APP) OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (INCLUDING NEGLIGENCE), or any other legal theory or form of action. NOTWITHSTANDING ANYTHING to the CONTRARY IN THIS AGREEMENT, THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF the ACTION, WILL AT ALL TIMES BE LIMITED TO THE MAXIMUM OF $50.00 USD (FIfty UNITED STATES DOLLARS).
YOU AGREE to THE AFOREMENTIONED LIMITATION OF LIABILITY AND THAT THE COMPANY WILL NOT BE responsible OR LIABLE FOR (1) for any damage, including PERSONAL INJURY and PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM, RELATED TO OR CONNECTED WITH YOUR USE, ACCESS OR INTERACTION WITH THE SITE OR THE SERVICE; (2) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED BY THE COMPANY AND/OR ANY INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, STORED THEREIN; AND (3) ANY ERRORS OR OMISSION OF ANY CONTENT (INCLUDING COMPANY CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND whatsoever INCURRED BY YOU AS RESULT OF ANY CONTENT (INCLUDING COMPANY CONTENT) POSTED, DISPLAYED, OR OTHERWISE TRANSMITTED.
YOU agree to fully indemnify, defend, and hold harmless the Company, its shareholders, its directors, its officers, its employees, its affiliates, its consultants, its agents, its representatives and successor and assigns from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) or allegations of the same, arising from, related to or connected with (1) YOUR USE of the Site or the Service, (2) YOUR violation or breach of any of the terms and conditions of this Agreement (3) YOUR infringement, or infringement by any other user of YOUR User Account, of any intellectual property right or other right of any person or entity, and/or (4) any claim or allegation that YOUR User Content, User Account or YOUR USE of the Site or the Service caused damage, loss or harm to any third party. Company will notify YOU promptly of any such claim, loss, liability, or demand, and will provide YOU with reasonable assistance, at YOUR expense, in defending any such claim, loss, liability, damage, or cost.
Subject to the Section on “Equitable Remedies,” as stated herein, any disputes between YOU and the Company that relate to, arise from or are in connection with (1) this Agreement (including interpretation), (2) the Site, or (3) the Service shall be settled by binding arbitration in accordance with the Arbitration Rules and Procedures of the American Arbitration Association (“AAA”), then in effect, by a single arbitrator with substantial experience in resolving the subject matter of the dispute between the parties under its Commercial Arbitration Rules and, where appropriate and applicable, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitrator shall be selected from the appropriate list of AAA’s arbitrators in accordance with the Arbitration Rules and Procedures of AAA. The arbitration shall be in the English language and shall take place in the County of Los Angeles in the State of California, U.S.A. or any other location or venue that is mutually agreed upon by the parties.
Prior to commencing arbitration, the party initiating the dispute must send notice of the dispute to the other party (“NOTICE”) and both parties to the dispute must attempt to resolve said dispute informally and in good-faith. The NOTICE must include the following: (a) the full name and contact information of the complaining party, including FULL mailing address, phone number and e-mail address; (b) description of the nature and basis of the claim or dispute; and (c) the specific relief sought. If YOU fail to include the aforementioned information in YOUR NOTICE to Us, YOUR NOTICE will not be valid and effective to initiate any type of dispute resolution for YOUR complaint or dispute as provided for herein. If the parties fail to resolve their disputes within thirty (30) days from the date an effective NOTICE is deemed delivered as stated herein, the party initiating the dispute may commence arbitration by sending a written demand for arbitration to the other party (“DEMAND”). Subject to the terms of this Section, the election to arbitrate by one party shall be final and binding on the other.
The DEMAND must set forth the following: (a) the full name and contact information of the complaining party, including FULL mailing address, phone number and e-mail address; (b) description of the nature and basis of the claim or dispute; and (c) the specific relief sought. If YOU fail to include the aforementioned information in YOUR DEMAND to Us, YOUR DEMAND will not be valid to initiate arbitration.
Please send YOUR NOTICE or DEMAND via certified mail to FANview Sports, Inc., Attention: Legal at the following address: 311 N. Robertson Blvd., #370, BEVERLY HILLS, CA 90211. The Company shall send YOU its NOTICE and DEMAND to the e-mail address that YOU provide to create YOUR User Account. If a NOTICE or DEMAND is sent via e-mail, it will be deemed “delivered and effective” on the date that the NOTICE or DEMAND is sent to the recipient. If a NOTICE or DEMAND is sent via certified mail, it will be deemed “delivered and effective” on the date delivery is made to the recipient.
The parties agree that substantive law of the state of California will be applied by the arbitrator to resolve such disputes. Either party may choose to have the arbitration conducted by telephone or based on written submissions.
Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. All decisions of the arbitrator will be final, binding, and conclusive on all parties. Judgment may be entered on any such decision in accordance with applicable law in any court having jurisdiction of it. The arbitrator (if permitted under applicable law) or the court may issue a writ of execution to enforce the arbitrator’s decision. Any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
SUBJECT TO THE TERMS OF SECTION 13 “EQUITABLE REMEDIES” (BELOW), BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND FANVIEW SPORTS, INC. ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. EACH PARTY TO THIS AGREEMENT AGREES THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT (“FAA”) SHALL TRUMP ANY STATE LAW THAT IS CONTRARY TO THE AFOREMENTIONED WAIVERS AND AGREEMENTS.
For any claims that are not subject to arbitration, the exclusive jurisdiction and venue for proceedings involving those claims shall be the courts of competent jurisdiction sitting within Los Angeles County, California (“Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient and hereby irrevocably submit to said Forum.
**The Section pertaining to “Limitation of Liability” is incorporated in this Arbitration Agreement by said reference and is applicable to all claims brought by YOU through arbitration or otherwise.
Notwithstanding anything to the contrary, due to the nature of this Agreement and the Services, YOU and the Company agree that the Company will have the right to enforce this Agreement and any of its provisions by injunction, specific performance or other equitable relief, in either federal or state court, without having to post a bond or other consideration, in addition to all other remedies that it may have for a breach of this Agreement at law or otherwise, and shall be entitled to all attorney’s fees and legal costs, if it prevails.
For any claims that are not subject to arbitration, the exclusive jurisdiction and venue for proceedings involving those claims shall be the courts of competent jurisdiction sitting within Los Angeles County, California (“Forum”), and the parties (which includes YOU) hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient and hereby irrevocably submit to said Forum.
This Agreement shall be construed in accordance with and governed by the laws of the State of California and applicable United States Federal law, without reference to their rules regarding conflicts of law.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION, DISPUTE OR CLAIM ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR THE SERVICE OR YOUR RELATIONSHIP WITH THE COMPANY MUST BE BROUGHT WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION, DISPUTE OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION, DISPUTE OR CLAIM IS PERMANENTLY BARRED.
All contents of the Site and the Service are: Copyright © 2018, FANview Sports, Inc. All rights reserved.
YOU may not transfer or assign this Agreement or any rights and licenses granted hereunder without the Company’s prior written consent. The Company may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
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, represent or act as agent of the Company in any respect, whatsoever.
The Company shall bear no liability if the Service or the Site or YOUR USE of the same is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of the Company.
Except as expressly provided for in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Whenever used in this Agreement, the singular will include the plural, the plural will include the singular, and the neuter gender will include the male and female as well as a trust, firm, company, organization, partnership, limited liability company or corporation, all as the context and meaning of this Agreement may require.
The following Sections shall survive the termination of this Agreement: 1.1, 1.2 1.3, 2, 3.1, 3.1.2, 3.1.3, 3.2, 4.1 4.2, 4.2.1, 4.2.2, 4.2.3, 4.3, 4.4, 4.4.1, 4.5, 4.6, 5.1, 5.2, 5.3, 6.1, 6.2, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 31.
Neither the Site nor the Service is intended for use by Children. Neither the Service nor the Site is directed at children. If YOU provide false information about YOUR age and are 13 years of age or younger or help someone who is 13 years of age or younger to register for or otherwise USE any of the Services YOU assume full liability for any consequences. Under no circumstances including, but not limited to, negligence, are We, Our affiliates, shareholders, directors, officers, employees, consultants, agents, representatives and successors and assigns or any third-party provider or their respective agents or representatives liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
The Company has no control over, and assumes no responsibility for, the content, accuracy, quality, privacy policies, or practices of, or opinions expressed in any third-party websites or product or through any third-party service provider. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third-party website, product or service. YOU expressly relieve the Company from any and all responsibilities or liabilities, whatsoever, arising from YOUR use of any third-party website, product, and/or service which have links located on the Site and/or the Service.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND/OR THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY WHATSOEVER BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Company shall NOT be liable to YOU or any third party for damage to YOUR mobile device or property or another person’s or entity’s mobile device or property as a result of YOUR use, access or interaction with the Site and/or the Service.
If YOU have any questions or comments, YOU can contact Us either by mail at the postal address stated below or via e-mail.
Mail: Attention: Support at FANview Sports, Inc., 311 N. Robertson Blvd., #370 BEVERLY HILLS, CA 90211.