This is a legally binding agreement between Fanoob and You.
- By accepting these Terms You confirm that You are at least 13 years of age. The App is not intended for anyone under the age of 13.
Welcome to the Service. It was created by Fanoob as a platform for personal communication and entertainment.
We take responsibility for what we have created, and You agree to take responsibility for Your use of our Service whether as a creator of Content (defined below) or as a viewer. While You have fun using the Service, we require that You treat others with respect, do not use the Service for anything that would be deemed illegal or obscene and always observe the Golden Rule (“do unto others…”).
In order to access some features of the Service, and to be able to Submit (as that term is defined below) Content as a broadcaster, You will have to create a Fanoob account via Your Facebook® account, using the same information provided to one of those networks (the “Fanoob Account”). You can alter such information by updating Your Facebook account (this will automatically update Your Fanoob Account the next time You log in). You also may alter Your Fanoob Account information by logging into the Service and accessing Your settings.
You agree not to share Your Fanoob Account password or let others have access to Your Account and You will not attempt to transfer Your Fanoob Account to anyone else. You are responsible for the activity that happens on or through Your account, so we urge You to keep Your account password secure. Although Fanoob will not be liable for losses caused by any unauthorized use of Your Fanoob Account, You may be liable for the losses of Fanoob or others due to unauthorized use. We strongly recommend that You notify us immediately of unauthorized use of Your Fanoob Account or of any related security breach by contacting us at email@example.com. If for any reason You want to limit Your children’s access to the Service, there are a number of commercially available parental control protections.
3. OWNERSHIP OF THE SERVICE
The Service may contain links to third party services that are not owned or controlled by Fanoob. Fanoob has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services. In addition, Fanoob will not and cannot censor or edit the content of any third party service. You expressly release Fanoob from any and all liability both known and unknown arising from Your use of any third party service.
4. USER GENERATED CONTENT
The term “Content” refers to any information, data, communication, video, text, graphics, photos (including but not limited to “Selfies” and “Moments”), sounds, music, audiovisual works, chat feed comments, and/or other contributions appearing on the Service that users of the Service may broadcast, upload, or otherwise submit (collectively, “Submit”) to the Service, or view or access on the Service.
All right, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties or Guests (see Section 5), will remain with You, subject to the licenses You make hereunder. Fanoob does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favor of Fanoob and anyone acting with the authorization of Fanoob.
Fanoob assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, for example, to any Content that You include in a broadcast initiated by You, even if you are not the creator of that Content.
You understand that the Service is intended for public use and not for private communications, and You confirm that You have no expectation of privacy with regard to any Content You may Submit to the Service, or any other communication by You made to or through the Service. Furthermore, You are aware that Fanoob does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
As with other Content, Fanoob assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content (“Sponsored Products and Services”). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
By Submitting Content to the Service, You are granting Fanoob and its agents and designees a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Service and with the businesses of Fanoob and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.
Nothing herein, however, shall be construed to permit use of such Content by users of the Service for endorsements of any product or service (other than the Service), or for any other commercial purpose, not authorized by You.
In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your name, image, likeness, photograph, performance, voice, biographical details, Facebook ID, profile pictures, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
5. GUEST BROADCASTS
For clarity, all right, title and interest in Content Submitted by a Guest to a Guest Broadcast, to the extent it does not belong to third parties, will remain with the Guest, subject to the following: In addition to all licenses relating to Content provided above to Fanoob and others, each Guest hereby grants to the Host, and each Host hereby grants to each Guest,, a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, perform, edit, modify and comment upon such Guest Broadcast, including Content Submitted by the Guest or the Host. This would include, by way of example, posting on the Host’s or Guest’s (as applicable) Fanoob account page or to social media, to the extent the functionality of the Service permits.
6. ACCEPTABLE USE POLICY
You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be: (1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful.
You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
Fanoob may offer access to certain parts of the Service on a subscription basis (“Subscriptions”). Subscriptions shall be for a specified term selected by You through the Service. Subscription-based parts of the Service may renew automatically on a monthly or annual basis, with payment due prior to each renewal unless You cancel Your Subscription before the monthly Renewal Date that is disclosed to You when You activate Your Subscription, and through the Settings portion of the Service (in which case You may be responsible for making payments through the end of that calendar month). We may or may not notify You of upcoming Renewal Dates.
You agree to pay Your Subscription fee in advance of receiving any Subscription-based part of the Service. Fanoob reserves the right to discontinue or modify any Subscription fee payment option. You are responsible for all charges incurred under Your Fanoob Account and You are responsible for timely cancelation of Your Subscription regardless of whether You receive any notice from us. Fanoob reserves the right to deactivate Subscription-based parts of the Service to Your Fanoob Account if payment is past due, regardless of the dollar amount.
If You choose a Subscription-based service, You hereby grant Fanoob permission to automatically charge the Subscription fee to Your chosen payment method at the beginning of each applicable payment period. Your access to Subscription-based services will not be established until Fanoob has verified that the credit card or other payment information You provide for payment is accurate and that Your payment method account is in good standing.
You are required to keep Your billing information current, complete and accurate (for example, if You move, be sure to update Your billing address, if You get a new credit/debit card, make sure You update the card number and/or expiration date) and notify Fanoob if Your selected payment method is cancelled (e.g., for loss or theft).
You may choose not to renew Your Subscription-based part of the Service at any time by selecting the “Cancel Subscription” option under the Subscriptions page or by contacting firstname.lastname@example.org. Your cancellation is effective at the end of the current Subscription term.
8. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
9. WARRANTIES AND DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
FANOOB EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE):
- (A) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RESPECTING THE SERVICE AND RESPECTING ANY AND ALL SPONSORED PRODUCTS AND SERVICES;
- (B) ALL WARRANTIES RELATING TO CONTENT FROM USERS AND/OR THIRD PARTIES THAT YOU MAY OBTAIN OR ACCESS AT THE SERVICE INCLUDING WITHOUT LIMITATION SPONSORED CONTENT AND SPONSORED PRODUCTS AND SERVICES.
- (C) ALL WARRANTIES THAT SUCH CONTENT IS FREE OF MATERIAL THAT IS DEFAMATORY, INFRINGES COPYRIGHT, AND/OR VIOLATES THE RIGHTS OF PRIVACY OR PUBLICITY OF ANY PERSON OR ENTITY OR VIOLATES ANY LAW OR GOVERNMENTAL REGULATION.
- (D) ALL WARRANTIES THAT:
- (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
- (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR
- (i) THE USE OR THE INABILITY TO USE THE SERVICE;
- (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, WITH OR FROM THE SERVICE;
- (iii) THE PURCHASE OR USE OF ANY SPONSORED PRODUCTS AND SERVICES; OR
Please also note that the Service is controlled and offered by Fanoob from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Service. Fanoob makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.
10. INDEMNIFICATION AND RELEASE
12. DISPUTE RESOLUTION
If a dispute arises between Fanoob and You we agree to try for 60 days to resolve it informally. If we can’t, You and We agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. The AAA will conduct any arbitration under its Expedited Arbitration Rules. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Sonoma, California. The arbitrator may award the same damages, declaratory or injunctive relief to Fanoob or You as a court could.