Terms of Use

FanReact Terms of Use


 

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.

This Terms of Use Agreement (this “Agreement”), is a legal agreement between you, either individually or on behalf of your corporation, partnership, sole proprietor, or other business entity (“you” or “your”) and us governing your use of the App, the content contained therein, and any service provided by us for use in connection therewith (collectively, the “Service”).  If you have entered into a written agreement with us, that agreement shall supersede, govern and control with respect to any conflicting term or provision in this Agreement.

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.

 

The Do’s

 

The Don’ts

 

Rights We Reserve

 

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

 

End-User License

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 Information

App features, such as interaction with social media sites, may use, maintain, or transmit your personal information, including, without limitation, information for and from third-party social-media accounts (“Your Information”).  By acknowledging and agreeing to the terms of this Agreement, or by using our App or Service, you consent to the transmission of Your Information to us, including our agents and third-party partners, and consents to our, and our agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using Your Information for App functionality and for the purposes disclosed in our Privacy Policy.

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.

 

Your Content

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.

 

Indemnification

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.

 

No Warranties

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.

 

Privacy

Any personal information you supply through the App or the Service will be used by us in accordance with our Privacy Policy which can be accessed at: http://FanReact.com/legal/privacy/.

 

Arbitration

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.

 

Severability

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 info@fanreact.com