Fanatee Inc., a Delaware corporation, with offices at 100 Southeast Third Avenue, Suite 1000, Fort Lauderdale, FL 33394, USA, herein referred to as “Fanatee”, “we”, “us” or “our”, wants to provide its users (herein referred to as “users” or “you”) a fun, entertaining experience through its Games (as defined below). For such effect some rules need to be set forth. The terms of service (“Terms of Service”) rule the relationship between Fanatee and our users.
OUR GAMES ARE INTENDED FOR INDIVIDUALS 13 YEARS OF AGE OR OLDER IN THE US AND 16 YEARS OF AGE OR OLDER IN THE EU. CHILDREN UNDER THE AGE OF 13 IN THE US OR UNDER THE AGE OF 16 IN THE EU MAY NOT ACCESS THE PLATFORMS. ALSO, WE DO NOT KNOWINGLY COLLECT DATA RELATING TO CHILDREN FOR ADVERTISING PURPOSES.
By accessing our website (http://www.fanatee.com/) (“Website”) and game platforms and applications (“Games” and collectively with the Website, the “Platforms”), you explicitly agree with these Terms of Service, taking full responsibility for your acts in relation to the Platforms. The use of the Platforms is void where prohibited. Also, if you do not agree with these Terms of Service, please do not use or access the Platforms. In this case, we kindly ask you to tell us the reason you do not agree, so that we can improve our Services via email email@example.com.
Please read these Terms of Service carefully, as they (among other things) provide in Section 14, that you and Fanatee will arbitrate certain claims instead of going to court and that you will not bring class action claims against Fanatee.
In case of a conflict between the translations of this Terms of Service, the English version shall prevail over other versions.
1.1. Through our website (http://www.fanatee.com/) and gadget applications, the Fanatee team endeavors to deliver the best possible gaming experience, combining fun with learning. Our users can access our games that can follow everywhere and at any time:
1.2. The Games are entertaining in purpose and by no means platforms for users to use to make money. Therefore, it is forbidden to exploit the Games commercially in any way, including by gambling.
2.1. To access certain areas of the Platforms, you may be required to create a login and account. Such login and account will only be permitted to natural persons over 13 years of age. After the registration, you will also need to accept these Terms of Service.
2.2 Alternatively, the Platforms may offer you the possibility of creating an account through a Social Networking Site (“SNS”), such as Facebook. In that case, you will authorize Fanatee to access, storage and use your Facebook information to register in the Platforms. Facebook is a website owned by Facebook Inc. and Fanatee does not have any relationship with Facebook Inc., Fanatee has no responsibility, and does not guarantee in any case, the products and services provided by Facebook.
2.3 You agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).
3.1. You have the right to request the cancellation of your registration in our Platforms at any time. All requests for cancellation of access to the Fanatee Platform must be direct through email firstname.lastname@example.org.
3.2. You are aware that the cancellation of the registration implies the cancellation of your access to our Platforms.
4.1. As between you and Fanatee, Fanatee owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Platforms and all usage and other data generated or collected in connection with the use thereof, including with respect to any information, images, emojis, emoticons, nicknames and comments you select, modify or input into the Platforms (the “Fanatee Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Fanatee Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Fanatee Materials. Fanatee reserves the right to modify or discontinue the Platforms or any version(s) thereof at any time in its sole discretion, with or without notice.
4.2. Fanatee reserves the right to suspend or cancel, at any time, your registration and access to the Platforms, if fraud is suspected or due to non-fulfillment of any obligation regarding this Terms of Service, and no compensation will be due in connection therewith.
5. Third Party Services, Generally. The Platforms may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that Fanatee is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
You acknowledge and agree that while using the Platforms it is strictly prohibited to:
If you witness any of the behaviors mentioned above in our Platforms, please contact us, through email to email@example.com.
It is your responsibility to:
8. Additional Terms. When you use certain features or materials on the Platforms, or participate in a particular promotion, event or contest through the Platforms, such use or participation may be subject to additional terms and conditions posted on the Platforms. Such additional terms and conditions are hereby incorporated within these Terms of Service, and you agree to comply with such additional terms and conditions with respect to such use or participation.
9. Termination. You may terminate these Terms of Service at any time, for any reason or for no reason, by deleting your Platform account by contacting us at firstname.lastname@example.org. You agree that Fanatee, in its sole discretion and for any or no reason, may terminate these Terms of Service, your account or your use of the Platforms, at any time and without notice. Fanatee may also in its sole discretion and at any time discontinue providing the Platforms, or any part thereof, with or without notice. You agree that Fanatee shall not be liable to you or any third-party for any such termination. Sections 2.3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 will survive any termination of this Agreement.
10.1. You hereby acknowledge and agree that the Google Play Store and the Apple App Store（each a ”Third Party App Store”: (i) are not a party to these Terms of Service; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to the Platforms; (iii) are not responsible for addressing claims by you or any third party relating to the Platforms, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) have no responsibility to investigate, defend, settle or discharge any claim that the Platforms or use thereof infringes any third party intellectual property rights; and (v) are a third party beneficiary of this Agreement with the right to enforce its terms against you directly. You agree to comply with, and your license to use the Platforms is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions of the applicable Third Party App Store are less restrictive than, or otherwise conflict with, these Terms of Service, the more restrictive term will apply.10.2. In-App Purchase Terms.
We may offer certain enhanced features of the Platforms which you can purchase as a monthly, yearly or lifetime subscription. You can review a description of our enhanced features when you want to make a subscription. You acknowledge and agree that all billing and transaction processes are processed by applicable Third Party App Store and are also governed by the applicable Third Party App Store’s terms and conditions. If you have any payment related issues with in-app purchases, you can either contact us or contact the applicable Third Party App Store directly.
If you are under the age of eighteen (18) or other age of legal majority in accordance with the applicable regulation in the country of your nationality, then you must acquire permission from your parents or other guardians in order to make the purchase. By completing the purchase, you are informing us that you have gain all legally necessary permission to allow you to proceed your purchase.
If any in-app purchase is not successfully completed or does not work once you have completed the payment following the instructions, we will, after becoming aware of the issue, or being notified of the issue by you, investigate the issue. In the event that we are not able to resolve your concern related to in-app purchase or are unable to do so within a reasonable period of time, or if you wish to request a refund, you can also contact the applicable Third Party App Store directly.
11. Disclaimers; No Warranties. THE PLATFORMS AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FANATEE AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FANATEE AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORMS OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Indemnification. You agree to indemnify and hold Fanatee and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Platforms, breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of Fanatee’s willful misconduct or gross negligence. Fanatee reserves the right, at our own 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 these claims.
13. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FANATEE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE PLATFORMS, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH FANATEE, EVEN IF FANATEE OR A FANATEE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE FANATEE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF FANATEE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS.14. Arbitration.
14.1 Agreement to Arbitrate. This Section 14 is referred to herein as the “Arbitration Agreement.” The parties agree that any and all controversies, claims, or disputes between you and Fanatee arising out of, relating to, or resulting from these Terms of Service, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
14.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
14.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 13. You may visit http://www.adr.org for information on the AAA and https://www.adr.org/Support for information on how to file a claim against Fanatee.
14.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Fanatee may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
14.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Platforms users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
14.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
14.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
14.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 14.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 14.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms of Service will continue to apply.
15. Miscellaneous. Fanatee may make modifications, deletions and/or additions to these Terms of Service (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Fanatee provides notice of the Changes (including through the Platforms user interface); or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms of Service incorporating the Changes, whichever comes first. Under these Terms of Service, you consent to receive communications from Fanatee electronically. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service or the Platforms that is not subject to arbitration under Section 14 shall be filed only in the state or federal courts in Florida (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of these Terms of Service shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Service. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fanatee without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to these Terms of Service made by Fanatee as set forth herein.
If you believe that you would like to contact us in connection with these Terms of Service, you may contact our team at the following addresses:
100 Southeast Third Avenue, Suite 1000, Fort Lauderdale, FL 33394, USA
R. Padre João Manuel, 1212, conj. 33 - São Paulo - SP, 01411-001, Brazil
For our California users: If you have a question or complaint regarding the Platforms, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last updated on 18/12/2019