Fanatico Terms of Service

 

These Terms of Service ("Terms") are binding between you and Fanatico Inc. ("Fanatico," "we," or "us"). These Terms govern your access and use of the Fanatico application (the "App") and the Fanatico website at www.fanati.co ("Site") and your ability to purchase items through the Fanatico Marketplace (collectively, the "Fanatico Services"). The App is licensed, not sold to you. The Fanatico Services are offered and available to users who are 13 years of age or older. If you are not of legal age to accept these Terms in your jurisdiction, you affirm that your legal guardian agrees to these Terms on your behalf.

 

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS, CONDITIONS, AND NOTICES IN THESE TERMS, INCLUDING THE FANATICO PRIVACY POLICY LOCATED AT https://fanati.co/en/privacy-policy/ ("PRIVACY POLICY"). IF YOU OR YOUR LEGAL GUARDIAN AS APPLICABLE, DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, OR IF YOU OR YOUR LEGAL GUARDIAN DO NOT HAVE AUTHORITY OR MEET THE ELIGIBILITY REQUIREMENTS, DO NOT CLICK "I ACCEPT," DO NOT CREATE A USER ACCOUNT, AND DO NOT USE THE FANATICO SERVICES. Additional terms and conditions ("Seller Agreement") apply to users who would like to list or sell on or through the Fanatico Services. If you intend to use the Fanatico Services as a seller, you must accept the terms and conditions of the Seller Agreement. If for any reason, we, in our sole discretion, believe you or your legal guardian do not meet the eligibility requirements, we reserve the right, with or without provision of any notice to you, to terminate your user account and any right you may have to use the Fanatico Services. If you do not meet the eligibility requirements or do not accept these Terms, we have no obligations to you under the Terms or otherwise. THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN SECTION 25 BELOW WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THESE TERMS ALSO CONTAIN A WAIVER OF CLASS-ACTION IN SECTION 26 AND A WAIVER OF JURY TRIAL IN SECTION 27.

 

1. License Grant. Subject to the terms and conditions of these Terms, including the payment of applicable fees, Fanatico grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to download, install, execute, and use the App.

 

2. Fanatico user account.

 

2.1. Creating an Account. In order to access and use some portions of the Fanatico Services, you must create a user account. By registering a user account, you agree to provide and maintain up to date information that is true, accurate, and complete. You agree that you will not: (a) create a user account using a false identity or false information, or (b) create a user account or use the Fanatico Services if you have been previously removed or banned by us from using the Fanatico Services. If you do not create a user account, some or all portions of the Fanatico Services may not be available to you. We reserve the right to deactivate your user account, prohibit your use of the Fanatico Services, or terminate these Terms, at our sole discretion, at any time and with or without notice or liability to you, for any or no reason whatsoever.

 

2.2. User Account Security and Activity. You understand and agree that you are responsible for maintaining the confidentiality of and protecting your password to your user account. You are solely responsible for any activity originating from your user account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your user account.

 

2.3. Inactive and disputed accounts

Inactive Accounts
Inactive accounts can be made available again for registration if two requirements for the account are met:

1. Not at least One Account Recovery Option
No confirmed email OR
No authenticated social network OR
No confirmed messenger/phone number

2. The account did not log in within the last 183 days.
Only if both of the above criteria are met, the account is reset and made available for registration.

Disputed Accounts
One or more parties might dispute accounts because they infringe on trademarks, copyrights, or other intellectual properties. The dispute can only be manually resolved via our support.

 

2.4 Fanatico is committed to full compliance with international regulations and laws. In accordance with this commitment, we do not provide services to individuals or entities in countries that are on the FATF (Financial Action Task Force) blacklist or any country facing restrictions from major U.S. regulatory bodies, including the CFTC (Commodity Futures Trading Commission), OFAC (Office of Foreign Assets Control), FinCEN (Financial Crimes Enforcement Network), the SEC (Securities and Exchange Commission), and the IRS (Internal Revenue Service). Users from these countries are prohibited from using our platform and services. This policy is integral to our legal and ethical obligations on a global scale.

 

3. Prohibited Uses. Except to the extent permitted by applicable law, you shall not, directly or indirectly, in whole or in part:

  • copy the App, except for downloading the App from an authorized distribution channel onto your device and for executing the App as authorized under the license granted in Section 1;

  • modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of the App or any other part of the Fanatico Services;

  • modify, or create derivative works based upon, the Fanatico Services (or any component thereof, including without limitation associated technology);

  • use the Fanatico Services to cause annoyance, inconvenience, or anxiety or use the Fanatico Services to upset, embarrass, alarm, or annoy any other person;

  • use the Fanatico Services to promote any illegal activity, or advocate, promote, or assist any unlawful act;

  • use the Fanatico Services to give the impression that any content emanates from or are endorsed by us or any other person or entity if this is not the case;

  • use the Fanatico Services to violate the legal rights of others;

  • use the Fanatico Services to post, submit, publish, display any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy;

  • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Fanatico Services, including any copy thereof;

  • rent, lease, sell, lend, sublicense, distribute, disclose, publish, assign or otherwise transfer the App, any rights in the App, or any features or functionality of the Fanatico Services, to any third party for any reason, including making the Fanatico Services available on a network that is capable of being accessed by more than one device at any time without Fanatico's prior written consent;

  • take any action or omit to act in any way that would interfere with or disrupt the integrity or performance of the Fanatico Services, or adversely affects Fanatico's right, title or interest in or to the Fanatico Services;

  • use any robot, spider, or other automatic devices, process, or other automated means to access the Fanatico Services for any purpose, including monitoring or copying any of the material available on or through the Fanatico Services;

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Fanatico Services or any server, computer, or database connected to the Fanatico Services; or

  • otherwise, attempt to interfere with the proper working of the Fanatico Services;

  • use content that depicts or promotes Ponzi, multi-level marketing, or pyramid schemes

 

4. Reservation of Rights. You acknowledge and agree that the App is provided under license to you, and not sold to you. You do not acquire any ownership interest in the Fanatico Services under these Terms, or any other rights thereto other than to use the Fanatico Services in accordance with the license granted in Section 1, and subject to all terms, conditions, and restrictions, under these Terms and the Privacy Policy. Fanatico and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Fanatico Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

 

5. Fanatico Technology. You acknowledge and agree that the software code underlying the Fanatico Services is Fanatico's confidential and proprietary information. At all times, Fanatico and its licensors will retain all proprietary rights and confidential information in and to the Fanatico Services, and any copies thereof, including any copyright, patent, trade secret, trademark or other intellectual property rights therein, look and feel thereof, and any derivatives of the foregoing. Fanatico and its licensors reserve all rights that are not specifically granted to you hereunder.

 

6. Listings. Fanatico offers users the Fanatico Marketplace to post or list items and services in a variety of pricing formats (collectively, "Listing(s)"). The actual contract for sale is between the buyer and seller. Fanatico is not a party to such contracts, has no control over, and does not guarantee: the existence, quality, safety or legality of items in a Listing; the truth or accuracy of user's content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

 

7. Transaction Formats. All final amounts included in Listings on the Fanatico Marketplace do not include, if applicable, shipping, handling, taxes, or other additional fees. Please see each listing to review the specific terms for that transaction or auction. Each listing is provided in one of the following transaction formats.

 

7.1. Lowest Unique Bid. When using the Fanatico Services, users may play a type of strategy contest similar to traditional auctions where the winning bid is the lowest unique bid ("Lowest Unique Bid"). In the Lowest Unique Bid auction, Fanatico requires auction participants to purchase individual bids. Auction participants then can use one of their purchased bids to place a bid for a specific amount. Once a purchased bid is placed, the auction participant's total number of available purchased bids is decreased by one. In order to win a Lowest Unique Bid auction, an auction participant must place a bid where at the close of the Lowest unique bid auction: (1) the bid amount is unique in that no other bids have been placed at that amount; and (2) the bid amount is the lowest unique amount with no other bid having met requirement one (1) for a bid at a lower amount.

 

7.2. Traditional Auction. When using Fanatico Services, users may engage in traditional auctions. The Fanatico Services will indicate the current bid amount, with auction participants openly bidding against each other. In order to win a traditional auction, a participant must have the highest unmatched bid at the close of the auction.

 

7.3. Fixed Price. Fixed-price auctions allow users on the Fanatico Marketplace to purchase items at a fixed price.

 

7.4. Job Proposals. Users ("Proponent") may propose that other users on the Fanatico Marketplace act as a contractor to complete a task for them ("Job Proposal"). Contractors may charge a fee for a Proponent to submit their first Job Proposal ("Proposal Fee") to that contractor. After a Proponent's first Job Proposal is successfully completed, the Proponent will not be charged an additional Proposal Fee for any subsequent Job Proposals. Fanatico pre-authorizes and debits this Proposal Fee from all Proponents. However, if a contractor does not take action on a Job Proposal within 48 hours after the Job Proposal, the Proposal Fee is automatically returned to the Proponent. Job Proposals may be scheduled more than 48 hours before the time the Job Proposal is scheduled to begin.

 

7.5. Sponsorship. Sponsorships are a type of Job Proposal that allows users to request other users to place a banner on their profile. Sponsorships allow for you and any user you are seeking to sponsor to upload a custom contract. As a result, you may enter into your own sponsorship contract with individual users. Fanatico is not a party to these contracts. Please read any custom sponsorship contract carefully before you enter into any agreements.

 

7.6. Job Proposal Cancellations. The amount a Proponent may receive from a Proponent imposed cancellation is dependent upon the amount of time between the time the Job Proposal is accepted by the contractor and the time the Proponent cancels the Job Proposal. If a Proponent cancels a Job Proposal before the contractor accepts a Job Proposal, then Fanatico will return the full final cost of the canceled Job Proposal to the Proponent. In cases where Job Proposals is canceled within 48 hours of acceptance by the contractor, Proponents will receive 30% of the final cost of the canceled Job Proposal. Contractors will receive the full value of a canceled Job Proposal, and the Proponent will not receive any refund for Job Proposals canceled 48 hours after the Job Proposal is accepted. This section is not applicable to any Job Proposal where the parties have entered into a custom contract.

 

7.7. Tipping. Fanatico also allows users to tip other users. Please note that tips are non-refundable, and users that you tip are in no way obligated to perform any service or provide you with any goods.

 

8. Fanaticos. Fanaticos ("Fanaticos") is a digital token that you may purchase through the Fanatico Services or that Fanatico may, from time to time, at its sole discretion grant to users of the Fanatico Services. Regardless of the method by which you obtain Fanaticos, Fanaticos are not money, currency, or funds and may not be transferred to any other person. Fanaticos have no value in real currency and are not returnable, exchangeable, or refundable for real currency or for goods or services. You may only use Fanaticos to obtain virtual goods within the Fanatico Services or other downloadable content as determined by Fanatico at its sole discretion. Fanatico reserves the right to change the purchase price of Fanaticos at any time, and you acknowledge that you will have no right to a refund as a result of any change in the purchase price of Fanaticos.

 

9. Fees. The fees for using the Marketplace Services are listed on our fees page . Fanatico may change our fees from time to time by posting the changes on the site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

 

10. User Content. The App allows users to post, message, submit, publish, display content or materials (collectively, "User Content") on or through the App. All User Content must comply with the Prohibited Uses, and Content Restrictions set out in these Terms. Any User Content you upload or post on or through the App will be considered non-confidential.

 

10.1. License Grant. By providing any User Content on or through the Fanatico Services, you grant us, our affiliates, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content. You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license granted above; (b) all of your User Content does and will comply with these Terms.

 

10.2. Monitoring. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Fanatico, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content uploaded or posted by you or any other user of the Fanatico Services. Fanatico has no obligation to monitor the Fanatico Services. However, Fanatico reserves the right to review User Content uploaded or posted to the Fanatico Services and to remove or edit any User Content, in whole or in part, in our sole discretion.

 

11. Content Restrictions. You shall not use the Fanatico Services to:

  • post, list or upload false, inaccurate, misleading, deceptive, defamatory, or libelous User Content;

  • post, list or upload any User Content which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

  • promote sexually explicit or pornographic User Content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

  • violate the legal rights (including the rights of publicity and privacy) of others or contain any User Content that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy;

  • promote any illegal activity, or advocate, promote or assist any unlawful act;

  • cause annoyance, inconvenience, or needless anxiety, or use the Fanatico Services to upset, embarrass, alarm, or annoy, any other person;

  • attempt to deceive any person;

  • impersonate any person, or misrepresent your identity or affiliation with any person or organization; or

  • post, list or upload any User Content, which gives the impression that they emanate from or are endorsed by Fanatico or any other person or entity if this is not the case.

 

12. Collection and Use of Your Information. Please review our https://fanati.co/en/privacy-policy/ for a description of how we may use any personally identifiable information we collect through the Fanatico Services. By downloading, installing, executing, or using the App or visiting the site, you consent to our practices to all actions taken by us with respect to your information as outlined in our Privacy Policy. Although we do our best to protect your information, when you use the Fanatico Services to communicate over Wi-Fi and cellular networks, you acknowledge that transmitting data over such networks is not 100% secure or free from the risk of compromise.

 

13. Privacy of Others. You agree you will use information about other users only for the purposes that it is provided to you through the Fanatico Services. You may not disclose, sell, rent, or distribute any user's information to a third party without Fanatico's written permission.

 

14. Disclosure. At all times, Fanatico reserves the right to disclose any information related to the Fanatico Services, including User Content, as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

 

15. Release. If you have a dispute with one or more users, you release us and our affiliates, and our and our affiliates' respective officers, directors, employees, and agents, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. With respect to this release, you further waive all rights under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction, as such rights that may relate to the releases in this section. Section 1542 of the California Civil Code, provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

16. Copyright Infringement. If you believe that any content available on or through the Fanatico Services or that the use of Fanatico Services violates your copyright, please see our DMCA policy for instructions on sending us a notice of copyright infringement. It is the policy of Fanatico to terminate the user accounts of repeat infringers.

 

17. Changes to the Terms. We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we notify you through email, through in-App notification, or through a notification on the site. Your continued use of the Fanatico Services following notification of a revised Terms means that you accept and agree to the changes. If you do not accept the changes to these Terms, your sole remedy is to discontinue your use of the Fanatico Services.

 

18. Feedback. If you provide any suggestions, ideas, feedback, or recommendations to us regarding the Fanatico Services (collectively, "Feedback") then we may use such feedback for any purpose, provided we will not associate such feedback with you. So that we may incorporate feedback into our products and services, you hereby grant Fanatico a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the feedback for any purpose and you hereby irrevocably and unconditionally grant such feedback and all such rights to us free of charge. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the feedback.

 

19. Term and Termination. These Terms will become effective when you download the App or visit the site and will continue in effect until terminated by you or Fanatico. You may terminate these Terms by discontinuing the use of and deleting the Fanatico Services and all copies thereof. Fanatico may terminate these Terms at any time with or without notice to you. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Termination will not limit any of Fanatico's rights or remedies at law or in equity. Upon termination: (i) all rights granted to you under these Terms will also terminate; and (ii) you must cease all use of the Fanatico Services and delete all copies of the Fanatico Services. The following Sections shall survive any termination or expiration of these Terms: 3, 4, 5, 6, 7, 8 ,9 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31.

 

20. Third-Party Claims and Indemnification. You agree to indemnify, defend, and hold harmless Fanatico and its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to: (a) your use or misuse of the Fanatico Services; (b) your User Content; or (c) your breach of these Terms. Fanatico reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Fanatico's prior written consent.

 

21. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FANATICO OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USER CONTENT, THE FANATICO SERVICES OR YOUR USE OF OR INABILITY TO USE THE FANATICO SERVICES FOR ANY COST OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF FANATICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF FANATICO ARISING FROM OR RELATED TO THESE TERMS OR THE FANATICO SERVICES, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE, AND STRICT LIABILITY, EXCEED $50. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE BARGAIN AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE FINANCIAL AND OTHER CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

22. Warranty Disclaimer. THE FANATICO SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FANATICO, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THESE TERMS AND THE FANATICO SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, FANATICO PROVIDES NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE FANATICO SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT THE FANATICO SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS. YOU ACKNOWLEDGE THAT FANATICO'S LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS UNDER THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

23. Application of Limitations and Disclaimers to Consumers. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where such consumer is located.

 

24. Availability of the Fanatico Services. The Fanatico Services are accessible worldwide, but this does not mean the Fanatico Services or certain portions thereof are available in your country. We may restrict access to the Fanatico Services or portions thereof in certain countries. It is your responsibility to make sure that your use of the Fanatico Services is legal in your country of residence. The Fanatico Services may not be available in all languages. If, at our reasonable determination, you use the Fanatico Services or any other material or services provided by us to you under these Terms in a manner that violates laws, or creates an excessive burden or potential adverse impact on our systems, in addition to any of its other rights or remedies, we may, without liability to us, immediately suspend or terminate your access to the Fanatico Services.

 

25. Governing Law and Dispute Resolution.

 

25.1. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Fanatico Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

25.2. Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and Fanatico arising out of or relating to these Terms, the Fanatico Services, or any other Fanatico products or services (collectively, "Disputes") shall be governed by the provisions set forth in this section.

 

25.3. Informal Resolution. Before resorting to formal dispute resolution in accordance with this section, you agree to first contact us directly at support@fanati.co to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or Fanatico may institute arbitration in accordance with the procedures set forth in this section.

 

25.4. Arbitration. Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 22.3 above shall be resolved exclusively through final, binding, and confidential arbitration and shall take place in Santa Clara County, California, unless otherwise mutually agreed to by the parties. The arbitration shall be conducted under the Commercial Arbitration Rules, and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA) as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.

 

25.5. Opting-Out of Arbitration. YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING FANATICO WITH WRITTEN NOTICE ADDRESSED TO FANATICO INC. 4247 PLEDMONT AVENUE, OAKLAND, CA, 94611 WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.

 

25.6. Exception to Arbitration. Notwithstanding anything in these Terms to the contrary, to the extent you have in any manner violated or threatened to violate any of Fanatico's intellectual property rights, Fanatico may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts.

 

26. No Class Actions. You may only resolve Disputes with Fanatico on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THESE TERMS.

 

27. Venue and Waiver of Jury Trial. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fanatico agree that any judicial proceeding will be brought in the federal or state courts of Santa Clara County, California. Both you and Fanatico consent to venue and personal jurisdiction there. YOU AND FANATICO BOTH AGREE TO WAIVE ANY RIGHT EITHER PARTY MAY HAVE TO A JURY TRIAL.

 

28. Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Fanatico Services must be filed within one (1) year after such claim or cause of action arose. Otherwise, that claim or cause of action will be barred forever.

 

29. Updates. Fanatico may, from time to time in its sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Fanatico has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either:

 

  • the App will automatically download and install all available Updates; or

  • you may receive notice of or be prompted to download and install available Updates.

 

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.

 

30. Miscellaneous.

 

30.1. Interpretation. The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. You agree that these Terms will not be construed against Fanatico by virtue of having drafted the Terms. As used in these Terms, the word "including" means "including but not limited to."

 

30.2. Force Majeure. Fanatico will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

30.3. Relief. The parties acknowledge and agree that a material breach of these Terms adversely affecting Fanatico's proprietary rights would cause irreparable harm to Fanatico for which a remedy at law would be inadequate and that Fanatico shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law.

 

30.4. Relationship of Parties. You and Fanatico are independent contractors. No partnership, joint venture, agency, franchise, sales representative, or employment relationship is intended or created by these Terms. Therefore, they have no authority to make or accept any offers or representations on behalf of Fanatico. These Terms will not create an exclusive relationship between you and Fanatico. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms.

 

30.5. Modification. We may amend any of the terms and conditions contained in these Terms at any time and at our sole discretion. Any changes will be effective upon email to the address in your user account or by posting to the Site or App, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. YOUR CONTINUED USE OF THE FANATICO SERVICES AFTER POSTING ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

 

30.6. Export. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.

 

30.7. Entire Agreement. The Terms and the Privacy Policy constitute the sole and entire agreement between you and Fanatico regarding the Fanatico Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Fanatico Services.

 

30.8. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

 

30.9. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Fanatico's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, is null and void. Fanatico may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

30.10. Waiver. No failure to exercise and no delay in exercising, on the part of you or Fanatico, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

 

30.11. Notice. Any notices or other communications provided by Fanatico under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Site or App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you have provided. If providing notice to Fanatico, such notice shall be delivered personally or sent by pre-paid, first-class certified or registered mail, return receipt requested or by overnight courier, to Fanatico Inc. 4247 Piedmont Avenue 94611 Oakland, CA

 

31.Contact. If you have any questions regarding the Fanatico Services or these Terms, please contact us via email at support@fanati.co or by mail to Fanatico Inc. 4247 Piedmont Avenue 94611 Oakland, CA

 

Last Updated November 2023