Welcome to the FanReact app (“FanReact” or the “App”). FanReact is a mobile and web application that is operated by Friendish LLC (“we,” “our” or “us”). FanReact was created to build a community of sports fans who can share information, opinions and experiences. We hope to engage sports fans with interests ranging from high school athletics to international professional sports.
BY DOWNLOADING AND INSTALLING THE APP OR BY ACTIVATING OR USING THE SERVICE, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO FOLLOW ALL APPLICABLE LAWS, DO NOT DOWNLOAD THE APP OR ACCESS OR USE THE SERVICE.
- Get your parents’ permission if you are between 13 and 18 years old. If you are between the ages of 13 and 18, you must review the terms of this Agreement with a parent or legal guardian to ensure that they acknowledge and agree to these terms. If you are between 13 and 18 years old and your parent or legal guardian does not acknowledge and agree to the terms of this Agreement, you must immediately uninstall the App and discontinue use of the Service.
- Do take charge of your account. You are responsible for any and all activity that occurs through your account. You are solely and individually responsible for your conduct and any content you share. This includes, but is not limited to, data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or through the App and Service.
- Keep the username and password you use to access the App secret and secure.
- You must comply with all of the terms of this Agreement.
- Use the App and the Service at your own risk.
- Comply with the terms of this Agreement. Your breach of the Agreement may, at our sole discretion, result in the termination of your FanReact account. You understand and agree that we cannot and will not be responsible for the Content posted on our Service and that you use our Service at your own risk. If you breach this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Service to you.
- Pay for your data charges. You agree that you are responsible for all data charges you incur through use of our Service.
- Acknowledge that the terms of your agreement with your mobile network provider (“Mobile Provider”) will continue to apply when using our App and our Service. As a result, you may incur charges from your Mobile Provider for use of our App or Services, such as for access to network connection services for the duration of your use of our App. You accept responsibility for any such charges.
- Be responsible. You are solely responsible for your interaction with other users of our Service, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
- Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- Do not use our App or Service if you are under the age of 13.
- Do not sell, transfer, license or assign your account, followers, username, or any account rights to any other party. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of accounts for third parties and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to us upon registration and at all other times is true, accurate, current and complete.
- Do not solicit, collect or use the login credentials of other FanReact users. We reserve the right to immediately terminate your access to the Service if you share another user’s personal information.
- Do not change our stuff or pretend to be us. You must not change, modify, adapt or alter our App or Service or change, modify or alter another website so as to falsely imply that it is associated with us, the App or the Service.
- Do not post the following Content: violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via our Service. Doing so is strictly prohibited.
- Do not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via our Service. This includes using any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- Do not use our App or Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of our App and Service and your Content, including but not limited to, copyright laws.
- Do not create or submit unwanted email, comments or other forms of commercial or harassing communications (or “spam”) to any other users.
- Do not use domain names or web URLs in your username without our prior written consent.
- Do not interfere or disrupt our Service or servers or networks connected to our Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any FanReact page is rendered or displayed in a user’s browser or device.
- Do not attempt to restrict another user from using or enjoying our Service and you must not encourage or facilitate a breach of this Agreement.
- Do not create accounts or access our Service by automated means. We prohibit crawling, scraping, caching or otherwise accessing any content on our Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
Rights We Reserve
- We reserve the right to modify or terminate our Service or your access to our Service for any reason, without notice, at any time, and without incurring any liability to you. If we terminate your access to our Service or deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within our Service. You can deactivate your FanReact account by logging into our Service and completing the form available here: https://FanReact.com/accounts/remove/request/
- We reserve the right, at our sole discretion, to block profanity as determined in our sole discretion on the high school boards. All words and phrases deemed as profane or inappropriate by us will be blocked from user’s views.
- We reserve the right to reserve and/or remove any user names that are associated with businesses, athletes, teams, universities, schools, institutions and individuals with connection to FanReact. These will be reserved for verified accounts. The act of “handle-squatting” (use of a username that is being used inappropriately and/or in an attempt to use a company or individuals name for personal gain) is strictly prohibited.
- We reserve the right to include an anti-bullying policy as a part of membership.
- We reserve the right to terminate your account and your access to our Service at our sole discretion. Upon your account termination, all licenses and other rights granted to you in this Agreement will immediately cease.
- We reserve the right, at our sole discretion, to change this Agreement from time to time (“Updated Terms”). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on our Service, and that your use of our Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement and any Updated Terms before using our Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of our Service from that point forward. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
- We reserve the right to refuse access to our Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason at any time.
- We reserve the right to reveal your identity, or whatever information we know about you, in the event of a complaint or legal action arising from any message or Content posted by you.
- We reserve the right but have no obligation to remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion breaches this Agreement. The App will be reviewed by moderators. The moderators are entitled to remove any post they determine, in their sole discretion, constitutes a breach of this Agreement.
Third Party Services
There may be links from our Service to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within our Service. Our Service also includes third-party content that we do not control, maintain or endorse. Functionality on our Service may also permit interactions between our Service and a third-party web site or feature, including applications that connect our Service or your profile on our Service with a third-party web site or feature. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH OUR SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect our Service or your profile on our Service with a third-party service (each, a “Third Party Application”) and such Third Party Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Third Party Applications, you acknowledge and agree to the following: (i) if you use a Third Party Application to share information, you are consenting to information about your profile on our Service being shared; (ii) your use of a Third Party Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of a Third Party Application is at your own option and risk, and you will hold us harmless for activity related to our Application.
Other Conditions and Terms
- Portions of our Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on our Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- You represent and warrant that: (i) you own the Content posted by you on or through our Service or otherwise have the right to grant the rights and licenses set forth in this Agreement; (ii) the posting and use of your Content on or through our Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through our Service; and (iv) you have the legal right and capacity to enter into this Agreement in your jurisdiction.
- The FanReact name and logo, other related names, design marks, product names, feature names and related logos are our trademarks, and may not be used, copied or imitated, in whole or in part, without our express prior written permission, except in accordance with our brand guidelines, available at: http://help.FanReact.com/customer/portal/articles/182487.
- Although it is our intention for our Service to be readily available, there will be occasions when our Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- We reserves the right to remove any Content from our Service for any reason, without prior notice to you. Content removed from our Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourages you to maintain your own backup of your Content. Do not rely on our Service for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of our Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- You agree that we are not responsible for, and do not endorse, Content posted within our Service. We do not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates this Agreement, you bear legal responsibility for that Content.
Subject to your ongoing compliance with this Agreement in its entirety, we hereby grant you a personal, non-exclusive, non-transferable, limited and revocable license to use our App and access the Service for personal use only on a device owned or controlled by you as permitted by your agreement with your Mobile Provider (“User License”). Any use of our App or Service in any other manner, including, without limitation, resale, transfer, modification or distribution of our App or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with our App is prohibited. This Agreement also govern any updates to, or supplements or replacements for, this App unless a separate agreement accompanies such updates, supplements or replacements, in which case that agreement will supersede this agreement will apply.
Intellectual Property Rights
All right, title and interest in the App and the Service, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to us or our licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the App and the Service constitutes a valuable trade secret and/or is the confidential information of ours or our licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the App or the Service, in whole or in part. All content and materials included as part of the App or the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Materials”) are our property or the property of our content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Materials are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and we own a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Materials, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Materials, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause us and our licensors irreparable injury, which may not be remedied at law, and you agree that we and our licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
Your are, however, solely responsible for the confidentiality and security of Your Information sent from or stored on your device by our App. You are also solely responsible for all activities undertaken by anyone or anything with any account registered in the your name, whether authorized or unauthorized. You agree to immediately notify us of any suspected unauthorized use or any other breach of security associated with our App or the Service. You are solely responsible for taking precautionary steps to protect Your Information stored on your device, including without limitation password-protecting your device and employing, if applicable, remote-wipe features.
Conditions of Use
You will not, nor allow third parties on your behalf, to make and/or distribute copies of our App, attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate our App; or create derivative works of our App of any kind whatsoever.
Our App is currently made available to you free of charge for your personal and non-commercial use. We reserve the right to amend or withdraw our App, or charge for our App or Service provided to you in accordance with this Agreement, at any time and for any reason.
You hereby grant us and our successors a worldwide, irrevocable, transferrable, sub licensable, fully-paid, royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from your Content. You further acknowledge and agree that you, and you alone, are responsible for the development and posting of your Content.
You agree to indemnify and hold us harmless, including our agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing our App and Service, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of our App or Service, breach of this Agreement, violations of any rights of a third party, or any allegation of any of the foregoing. We reserve the right to assume the exclusive defense and control of any matter otherwise subject only to your indemnification, in which event you will cooperate in asserting any available defenses.
WE ARE PROVIDING OUR APP AND SERVICE TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. YOUR USE OF THE APP AND SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT OUR APP AND/OR SERVICE IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT YOUR USE OF OUR APP OR SERVICE IS IN COMPLIANCE WITH LAWS, OR THAT YOUR CONTENT TRANSMITTED IN CONNECTION WITH OUR APP OR THROUGH OUR SERVICE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
Limitations of Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THE APP OR SERVICE (A) BE LIABLE TO YOU WITH RESPECT TO USE OF OUR APP; AND/OR (B) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE OUR APP OR SERVICE, OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF OUR APP AND SERVICE. WE, OUR AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THE APP OR SERVICE SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE APP OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall we, our agents or anyone involved in creating or providing the App or Service be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by you for use of the App or Service.
You and we agree to arbitrate all disputes and claims between us except for claims seeking injunctive relief in connection with our intellectual property. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of this Agreement.
You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless we and you agree otherwise, any arbitration hearings will take place in Austin, Texas. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of arbitration fees will be governed by the AAA rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Choice of Law; Jurisdiction
This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. To the extent the above arbitration provisions are inapplicable, invalid or unenforceable, you and we (i) consent to submit itself to the personal jurisdiction of any federal or state court located in the Travis County, Texas in the event any dispute arises out of this agreement or any of the transactions contemplated by this agreement, (ii) agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, and (iii) agrees that it will not bring any action relating to this Agreement or any of the transactions contemplated by this Agreement in any court other than a federal or state court sitting in Travis County, Texas.
Third Party Beneficiaries
You agree that our service providers, licensors, or others involved in creating or providing the App and Service are third party beneficiaries to this Agreement and may rely upon the provisions of this Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
If any of the terms of this Agreement are deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Questions or Additional Information
For questions or additional information regarding this Agreement, please contact us via email at firstname.lastname@example.org