FanAmp User Agreement
Effective August 24, 2022.
This FanAmp User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by FanAmp Inc. (“FanAmp,” “we,” “us,” or “our”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Your Access to the Services
No one under 13 is allowed to use or access the Services. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.
By using the Services, you state that:
- You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services;
- You can form a binding contract with FanAmp, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
- You are not barred from using the Services under all applicable laws; and
- You have not been permanently suspended or removed from the Services.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
2. Privacy
FanAmp’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.
3. Your Use of the Services
Subject to your complete and ongoing compliance with these Terms, FanAmp grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
- License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- Access the Services or Content in order to build a similar or competitive website, product, or service
We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. Your FanAmp Account and Account Security
To use our Services, you are required to create a FanAmp account (an “Account”) and provide us with information about yourself as set forth in the Privacy Policy.
Account creation is subject to the conditions outlined below. By creating an Account, users agree to meet such conditions:
- Accounts created by bots or any other automated methods are not permitted
- Unless explicitly permitted, a User account may not be shared with other persons
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify FanAmp at the contact details provided in this document if you discover or suspect that someone has accessed your Account without your permission.
You will not license, sell, or transfer your Account without our prior written approval.
5. Your Content
The Services may contain information, text, links, graphics, photos, videos, GIFs, documents, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant FanAmp the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with FanAmp. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Although we reserve the right to review, screen, edit, or monitor Your Content, we have no obligation to do so. We may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Community Guidelines, violating an applicable law or regulation, or if you otherwise create or are likely to create liability for us.
Any ideas, suggestions, and feedback about FanAmp or our Services that you provide to us are entirely voluntary, and you agree that FanAmp may use such ideas, suggestions, and feedback without compensation or obligation to you.
6. Third-Party Content and Advertisements
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
7. Prohibited Actions
When using or accessing FanAmp, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Community Guidelines, which are incorporated by this reference into, and made a part of, these Terms and contain FanAmp’s rules about prohibited content and conduct. In addition to what is prohibited in the Community Guidelines, you may not do any of the following:
- Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Service;
- Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
- Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
- Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights;
- Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with FanAmp; or
- Use the Services in any manner that we reasonably believe to be an abuse of or fraud on FanAmp or any payment system.
We encourage you to report content or conduct that you believe violates these Terms or our Community Guidelines using the contact details provided in this document. We also support the responsible reporting of security vulnerabilities.
8. Copyright, Trademark, and Takedowns
FanAmp respects the intellectual property of others and requires our users to do the same. Our Community Guidelines outline the implications of sharing infringing material on the Services which includes the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify FanAmp by contacting:
Copyright and Trademark Agent
FanAmp Inc.
228 Park Avenue South, Suite 37002
New York, NY 10003-1502
copyright@fanamp.com
Please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to FanAmp for certain costs and damages.
If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright or trademark notice, you can send a counternotification to our Copyright and Trademark Agent listed above.
In all cases, we will share information requirements and notify all parties of next steps (e.g., content removal, follow-ups required) using the contact information each provides.
9. Intellectual Property
The Services are owned and operated by FanAmp. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by FanAmp are protected by intellectual property and other laws. All Materials included in the Services are the property of FanAmp or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials. Except as expressly authorized by FanAmp, and subject to FanAmp’s Brand Guidelines, you may not make use of the Materials. FanAmp reserves all rights to the Materials not granted expressly in these Terms.
10. Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold FanAmp, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “FanAmp Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
11. Disclaimers and Limitation of Liability
NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTSTHAT YOU MAY HAVE AS A USER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCESOR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOTFULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS ANDLIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FANAMP ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. FANAMP DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE FANAMP ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE FANAMP ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FANAMP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FANAMP ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FANAMP, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FANAMP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF YOU LIVE IN THE EUROPEAN UNION, UNITED KINGDOM, OR EFTA STATES:
BY USING THE SERVICES YOU AGREE THAT FANAMP, ITS PARENTS,AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTSREPRESENTATIVES, PARTNERS AND LICENSORS, LIABILITY IS LIMITED TO THE MAXIMUMEXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE.
12. Governing Law and Venue
We want you to enjoy FanAmp, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns using the contact details provided in this document.
To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of New York, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New York, New York, and you and FanAmp consent to personal jurisdiction in these courts and waive any objection as to inconvenient forum.
If you are a U.S. city, county, or state government entity, then this Section 12 does not apply to you. If you are a U.S. federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of New York (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New York, New York.
13. Changes to These Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
14. Termination
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
To delete your account please contact us using the contact details provided in this document.
To the fullest extent permitted by applicable law, we may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Community Guidelines.
All provisions of the Terms which by their nature should survive termination shall survive termination, including but not limited to Your Content (5), Prohibited Actions (7), Indemnity (10), Disclaimers and Limitation of Liability (11), Governing Law and Venue (12), Termination (14), and Miscellaneous (15).
15. Miscellaneous
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
These Terms are a legally-binding agreement between you and FanAmp Inc. If you have any questions about these terms, please contact us using the details below.
Contact Us
FanAmp Inc.
228 Park Avenue South, Suite 37002
New York, NY 10003-1502
United States
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