F A N U P

Terms and Conditions

The following Terms and Conditions (hereinafter referred to as the “Terms”) between you (referred to as “you”, “your”, “Customer”, or “User”) and FanUp, Inc. (referred to as “FanUp”, “we”, or “our”) describe the specifications on which you may access, register, and subscribe to our services by accessing our web app or downloading the FanUp IOS mobile application (the “App”) in the Apple App Store (together the “App Store”) including all information, tools, and services available to you, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated herein.

FanUp is an interactive gaming company that personalizes fan engagement and sports betting with innovative features, data, and predictive content such as Group Betting, Challenges, and Predict It games.  The App is available directly to Users through the App Store. By downloading the App, making purchases in the App, entering into a contest, or utilizing any of our products and/or services (together referred to as our “Services”) you agree to be bound by the following Terms including our additional rules, sponsorships, and contest systems. These Terms apply to each User, including, without limitation, browsers, developers, merchants, vendors, and/or content contributors.

FanUp may issue additional terms and rules for contests in compliance with various state rules and regulations. You agree to be subject to those additional rules if applicable when participating in such contests.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW FANUP’S PRIVACY POLICY BEFORE OR USING ANY OF THE SERVICES AVAILABLE TO YOU.

DO NOT USE OUR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE APP OR ANY ITS CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

BY USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS HEREIN, THEN YOU MAY NOT USE ANY OF OUR SERVICES.

Any new features or tools, which are added to the current App, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. FanUp, reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes to the App at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

  1. 1. Service Terms

By agreeing to these Terms, or by using any of our Services, you represent that you are at least the age of majority in your state or province and reside in the United States or its territories.

Our Services are not designed or intended for use by individuals under the age of 18 for our “free to play” option, and 21 for any real-money betting. Pursuant to 47 U.S.C. Section 230(d), as amended, FanUp hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

All Users must be in good standing and cannot be an individual that has been previously barred from receiving FanUp’s Services under the laws of any applicable jurisdiction. You may not use our Services for any illegal or unauthorized purpose nor may you, in using the Services, violate any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright laws).

You represent and warrant that you are using the App for your own personal use only, and not for resale, export, re-use or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of the Services.

You agree that FanUp may, without any prior notice, immediately suspend, terminate, discontinue and/or limit your use of or access to any of our Services at our sole discretion, for any reason, including but not limited to:

  1. Any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
  1. By way of request from law enforcement or any other governmental agencies;
  1. The discontinuance, alteration and/or material modification to our Services, or any part thereof;
  1. Any engagement by you in any fraudulent or illegal activities; or
  1. The non-payment of any associated fees that may be owed by you in connection with your account.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account, revocation of any contest prize, or access to our Services.

FanUp reserves the right to refuse Services to anyone, for any reason, at any time at our own discretion. FanUp also reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through our App. In addition, we reserve the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive to Users. You agree that it is your responsibility to monitor our App for any changes that may occur.

You will provide true, accurate and current information if you establish an account with us. Our Services may include a social network. Your activities with our Services (including interaction with other members, advertisers, videos viewed, or audio accessed) may be shared with others in accordance with our Privacy Policy.

  1. General Conditions of Use

We grant you a limited revocable license to use our Services for your own personal, non-commercial use, subject to certain rules and limitations. You acknowledge and agree not to reproduce, export, publish, assign, duplicate, copy, sell, resell, lease, license or exploit the Services, or any portion thereof.

Wireless carrier charges may apply to your use of our Services via wireless networks or devices and geo-location details.

FanUp shall not be held responsible if information made available on its App is not accurate, complete, or current. For clarity, you are relying on any information at your own risk.

You consent to receiving communications from us, including but not limited to, push notifications, e-mails, text messages, and/or calls regarding your orders, contests, purchases, updates to our Services, marketing, advertisement, and any other relevant information.

As a User, you acknowledge, understand, and agree that all information, text, data, photographs, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is your expressed sole responsibility. Furthermore, you may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of our Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:

  1. Uploading, posting, transmitting or otherwise making available any content that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, libelous, or which is hateful, threatening, of otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred or profanity;
  1. Causing harm to minors in any manner whatsoever; or
  1. Impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
  1. Eligibility for Contests

When using our “free to play” Services to enter into a contest, you represent and warrant that you are at least 18 years of age or older. If you are a resident of Massachusetts or Iowa, you are at least 21 years of age or older. If you are a resident of Alabama or Nebraska, you are at least 19 years of age or older.

When using our real-money betting Services to deposit money and enter into a contest, you represent and warrant that:

  1. When depositing money or entering into a paid contest, you verify that you are not physically located in the following states: Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada, or Washington. Legal residents of these states are eligible to open and maintain accounts for use only in contests that do not offer prizes. However, legal residents of Idaho who are physically located outside of any of these states are eligible to deposit funds, enter contests, and earn prizes.
  1. When entering any contest that awards prizes, you are not an employee or operator of another sports fantasy, league, casino, sports book, or any other type of related entity (together “Sports Entity”) that charges entrance fees or offers cash prizes.
  1. You do not, by virtue of affiliation with another Sports Entity, have access to any pre-release non-public confidential data about contest-related information.

FanUp makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law. FanUp may require that you to complete registration to determine whether you are eligible to receive a prize. If FanUp determines that you are not eligible for any reason, FanUp has the right to terminate your account, withhold, or revoke the awarding of any prizes, and limit your ability to withdraw from your account in its sole discretion. FanUp may withhold revoked prizes in furtherance or fraud prevention or anti-money laundering efforts; however FanUp shall not be held liable for prizes not withheld or revoked for such purposes.

You may establish only one account per person or per group to participate in the Services offered on the App. In the event FanUp discovers that you have opened more than one account per person, in addition to any other rights that FanUp may have, FanUp reserves the right to suspend or terminate any or all of your accounts and withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

FanUp employees using the Services may not withdraw money or prizes except when playing in a private team. Relatives of FanUp employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other FanUp employees or household members. FanUp consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with FanUp does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.

Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any FanUp contests in the sport or sports with which they are associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.

  1. Cancellation and Disqualification

 

Users may cancel any purchase made through the App Store; however you will not receive a refund. FanUp is not responsible for errors made by the User during the ordering process.

Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some features of our Services, other Users may be able to request e-mail notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular members.

FanUp reserves the right to cancel contests, disqualify individuals from contests, refuse to award prizes, require individuals to return prizes, or suspend, limit, or terminate your account or any of the Services in its sole discretion without any restrictions. If FanUp deems your use of the Services to be improper, unfair, fraudulent, unlawful, or otherwise detrimental to any Users, you acknowledge that the forfeiture of or return of any prizes shall in no way prevent FanUp from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

If for any reason the Services are not running as originally planned (e.g., if the App becomes corrupted or if infection by a computer virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of FanUp corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), FanUp reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Services. If such cancellation, termination, modification or suspension occurs, notification may be posted on the App.

  1. Prices and Payments

Unless otherwise noted, the price for the Services shall be pre-determined and listed on the App or in the App Store. The price charged for the Services offered will be the price in effect at the time of purchase and will be set out in your order confirmation, e-mail receipt, or other relevant correspondence. Be advised that taxes and other charges, which may include, but are not limited to: service fees; currency and/or exchange fees; and/or VAT or local taxes may be added to your total cost. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.

Any prices, discounts, and promotions available are subject to change without notice. These promotions may affect the pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions specific to that promotion will govern that specific circumstance.

FanUp strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. FanUp reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

If you do not pay the amounts owed when they are due, or your payment method continuously fails, FanUp may cancel your order or initiate collection procedures. You agree to pay our cost of collection, including, without limitation to, reasonable attorney’s fees.

  1. Deposits and Withdrawals Generally

By depositing funds or entering paid contests, you agree to provide us with a valid mailing address, date of birth, and social security number and any other information or documentation we may require in order verify your identiy and run appropriate checks (including anti-fraud checks) in compliance with applicable rules and regulations. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.

FanUp may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.

If you are an entrant residing in Missouri, you can withdraw the funds maintained in your individual account, whether such account is open or closed, unless FanUp believes in good faith that the you engaged in either fraudulent conduct or other conduct that would put FanUp in violation of sections 313.900 to 313.1020, RSMo, in which case FanUp may decline to honor the request for withdrawal for a reasonable investigatory period until its investigation is resolved if it provides notice of the nature of the investigation to you. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by FanUp but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. All winners must provide updated address and social security details to FanUp. These details will be used to allow FanUp to comply with tax regulations and may be shared with appropriate tax authorities. FanUp does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

  1. Data Sharing

By using this App, you affirmatively consent that FanUp may use and share your video and image viewing data with third parties until consent is withdrawn. FanUp may track your viewing for its research, analytics, or ad serving purposes. It may share the above information with companies that displays ads to you, collect and analyze information, or to social networks.

  1. Application and Location-Based Features; Social Media Plug-ins

Application Features. Our Services may offer certain features that are available to you via your wireless device. These features may include the ability to access our Services, upload content, receive messages, and download applications to your wireless device (collectively, “Application Features”). Your carrier may prohibit or restrict certain Application Features and certain Application Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Application Features. We have no responsibility or liability for any fees or charges you incur with your wireless provider when using Application Features.

Terms of Application Features. If you register for any Application Features then you agree that, in connection with those Application Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Application Features in accordance with our Privacy Policy. You agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on our Services to reflect any changes.

Location-Based Features. When you use one of our location-enabled Services, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy.

In addition, where the App collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.

The App will allow for you to disable the location-based features or manage preferences related to them. However, you can terminate device location tracking by uninstalling the App. The location-based services offered in connection with our App are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

Social Media Plug-Ins. Social media plug-ins of social networks may be integrated on our Services. Where our Services contain a plug-in to a social network, these are clearly marked. If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives that information. If you interact with a social network plug-in, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you use our Services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/sites you follow, etc.).

If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use our Services.

  1. Intellectual Property & Proprietary Rights

 

FanUp owns, solely and exclusively, all right, title and interest in and to the Services, all content, software code, data, and materials thereon, the look, feel, design and organization of the App, and the compilation of the content, code, data, and materials on the App, including but not limited to any intellectual property and/or proprietary rights. FanUp reserves all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to the Services or any of our content except as expressly permitted by these Terms.

If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Services and your use of the Services on any website, blog, article, or social media platform (“Your Content”), you hereby grant FanUp a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, and transferable (in whole or in part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.

  1. Disclaimer of Warranties and Limitation of Liability

 

YOU REPRESENT THAT YOU ARE USING OUR SERVICES AT YOUR OWN RISK. ALL SERVICES OFFERED ON THE APP ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

IN NO EVENT SHALL FANUP BE LIABLE TO YOU, THE CUSTOMER, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR FANUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and (ii) not apply to: (a) liability resulting from our gross negligence or willful misconduct, or (b) death or bodily injury resulting from our acts or omissions.

  1. Dispute Resolution

If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.

 

If you are based in California, this Section does not apply to you. You may bring claims under this agreement in small claims court in the State of California or in Pennsylvania for any dispute not within the jurisdiction of a small claims court in California or Pennsylvania. You and FanUp agree to submit to personal and exclusive jurisdiction of venue and the federal state courts location in Pennsylvania. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

  1. Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FANUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

  1. Indemnity

You agree to release and to indemnify, defend and hold harmless FanUp and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. FanUp reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with FanUp in the defense of such matter.

  1. Notices

 

FanUp may provide any notice to you under these Terms by: (i) sending a message to an e-mail address that you provide; or (ii) by posting to the App. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the App will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices that are posted.

To provide us notice under these Terms, you must contact us by: e-mail; personal delivery; overnight courier; or certified mail. Notice by e-mail shall be effective on the date the e-mail is sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.

  1. Terms Applicable For Apple iOS

If you are accessing or using our Services through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:

  1. To the extent that you are accessing our Services through an Apple Device, you acknowledge that these Terms are entered into between you and FanUp and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third party beneficiary as contemplated below.
  1. The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services.
  1. You acknowledge that FanUp, and not Apple, is responsible for providing our Services and any Content therein.
  1. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our Services.
  1. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Services.
  1. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and FanUp, FanUp and not Apple is responsible for addressing any claims you may have relating to our Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  1. Further, you agree that if our Services, or your possession and use of our Services, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
  1. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
  1. When using our Services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with our Services.
  1. Miscellaneous

Third Party Content. The Services shall contain links, advertisements, and references to other third party service providers (“Third Party Content”). FanUp is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our App does not express and/or imply that FanUp endorses or accepts any responsibility or liability for the Third Party, or vice versa.

Privacy Policy. FanUp respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy, which governs the processing of all personal data collected from you in connection with your use of the Services. You acknowledge and consent to the collection and use of your personal information by FanUp for the purpose of using our Services.

Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

 

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

Waiver. The failure by FanUp to enforce any right or provision of these Terms will not constitute as a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of FanUp.

 

Force Majeure. FanUp 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.

Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms and our Privacy Policy will be deemed final on the matters contained herein. You may also be subject to additional Terms that may apply if you make a purchase from a third party. You acknowledge and agree that these Terms are binding and shall govern the relationship between FanUp and you in connection to the use its Services defined herein.

If you have any questions, please feel free to contact FanUp directly:

E-mail: support@fanup.app

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