Terms of Service
These Terms of Service ("Terms") apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the "Services") provided by Fanmio Inc. ("Fanmio" or "we"), located at www.fanmio.com. By clicking "Sign up" or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, do not use our Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org.
You and Fanmio agree as follows:
You must be at least 13 years of age and must not have been previously suspended from or removed from access to our Services to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person or entity's behalf and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
2. User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You may not allow others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
3. User Content
Our Services may allow you and other users to post, store and share content, including messages, text, photos, videos, software and other materials (collectively, "Posted User Content") and to create content, including messages, text, photos, videos, software and other materials (collectively, "Created User Content" and with Posted User Content, "User Content"). Except for the license you grant below, you retain all rights in and to your Posted User Content, as between you and Fanmio. Except for the license Fanmio grants you below, Fanmio retains all right, title and interest in and to the Created User Content.
You grant Fanmio a perpetual, irrevocable, nonexclusive, royalty free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Posted User Content and any name, username, likeness, voice or persona provided in connection with your Posted User Content in all media formats and channels now known or later developed without compensation to you, including without limitation in films, products or for publicity, promotion, advertising, trade, business, illustration, artistic or other purposes of any kind.
Fanmio grants you a limited, revocable, nonexclusive, royalty free, worldwide, fully paid license to use, reproduce, modify, adapt, translate, create derivative works from, and non-publicly display the Created User Content; provided, however, (a) you shall not sell, resell or commercially use the Created User Content, (b) you shall not use the Created User Content in media formats, channels, websites or applications other than Fanmio, (c) you shall not publish or publicly display the Created User Content other than through Fanmio, and (d) you shall not use the Created User Content out of context.
You represent and warrant that you have all rights necessary to grant such permission as set forth herein and that no infringement or violation of any third party rights will result from such use of your name, username, likeness, voice or persona. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to the public.
You hereby release and discharge Fanmio and its affiliates and their respective agents, employees and assigns, and anyone acting under their authorization, from any claims that such use as authorized herein violates any of your rights, including without limitation any rights of publicity or privacy.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. To learn more about parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting your minor's access to certain content, visit http://www.netparents.org/parentstips/browsers.html.
4. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user's account without authorization from that user and Fanmio;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party's consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Fanmio or others to any harm or liability of any type.
5. Ownership; Limited License
Our Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Fanmio or our licensors, users or other third parties and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Fanmio and our logos, product or service names, slogans and the look and feel of our Services are trademarks of Fanmio and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Any questions, comments, suggestions, ideas, original or creative materials or other information about Fanmio or our products or Services that you post, submit or otherwise communicate to us (collectively, "Feedback"), is non-confidential and will become the sole property of Fanmio. You hereby assign to Fanmio all Feedback , including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Fanmio's Designated Agent as follows:
Designated Agent: David B. Rosemberg, Esq.
Address: 20200 W. Dixie Hwy., Suite 602, Aventura, Florida 33180
Telephone Number: (305) 602-2008
E-Mail Address: email@example.com
9. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Fanmio does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Fanmio and our affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Fanmio Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Fanmio Parties of any third-party Claims, cooperate with Fanmio Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Fanmio Parties will have control of the defense or settlement, at Fanmio's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fanmio or the other Fanmio Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Fanmio does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Fanmio attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Fanmio and the other Fanmio Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Fanmio or the other Fanmio Parties have been advised of the possibility of such damages.
The total liability of Fanmio and the other Fanmio Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Fanmio or the other Fanmio Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Fanmio and the other Fanmio Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
14. Transfer and Processing Data
By using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
15. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with Fanmio and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this agreement.
Except for small claims disputes in which you or Fanmio seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Fanmio seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Fanmio waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute that you have against Fanmio, you agree to first contact Fanmio and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Fanmio by email at firstname.lastname@example.org or by certified mail addressed to: David B. Rosemberg, Esq., 20200 W. Dixie Hwy., Suite 602, Aventura, Florida 33180. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Fanmio cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by JAMS or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in Dade County, Florida or may be conducted telephonically or via video conference for disputes alleging damages less than$10,000 in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Fanmio agree that any dispute arising out of or related to these Terms or our Services is personal to you and Fanmio and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Fanmio agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrators, Fanmio, and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and Fanmio agree that for any arbitration you initiate, you will pay the filing fee and the other JAMS fees and costs. For any arbitration initiated by Company, Fanmio will pay all JAMS fees and costs. You and Fanmio agree that the state or federal courts of the State of Florida and the United States sitting in Broward County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and Fanmio will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by sending a Notice to Fanmio by email at email@example.com or by certified mail addressed to: David B. Rosemberg, Esq., 20200 W. Dixie Hwy., Suite 602, Aventura, Florida 33180. In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
16. Governing Law and Venue
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively, sitting in Dade County, Florida.
17. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Fanmio to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
20. Refund Policy
We want you to be 100% satisfied with every purchase on Fanmio! Your happiness is very important to us so we will always do everything we can to make sure you have a smile. We have refund policies in place (see below) to ensure the quality of all our experiences, but we will always do our best to make things right for you!
Purchasing an Event
For purchases that contain an event, refunds are available up to 7 days prior to the commencement of the event. In the case of a guest/celebrity cancellation, after the 7 day cut off, you will automatically be refunded to your original form of payment or can request to be rescheduled into another event of similar value.
Purchasing Products without an Event
For purchases of products that were not sold with an event, while we want you to be 100% satisfied, many of our products are considered to be collectibles. Therefore, we do not accept refunds once the products have shipped unless the products are damaged during shipment or are proven to be defective. Defective products or products damaged in shipment will be refunded or exchanged at Fanmio’s discretion if notified within 3 days from the time you receive the products.
Refunds After Your Experience
Once you experience your event there are no refunds. If you had a problem with the event experience please contact us.
Purchasing Multiple Events
It is your sole responsibility to assess the risk of purchasing multiple events with proximate start times. No refunds will be given for missed events due to a double booking or booking conflicts.
Missing Your Event
There are no refunds for missed events. You must be available during the scheduled time you purchased. If you miss your event we will try to accommodate and place you into another event of equal/similar value, but there are no guarantees we will be able to do this since all events are based on availability.
Event Schedule Changes
Event schedules are subject to change. It is your sole responsibility to stay informed of any scheduling changes.
Canceled and Rescheduled Events
For canceled events or if an event is rescheduled, we will offer to place you into another event of similar value or offer a full refund.
Valid Shipping Address
You must provide a valid address when making your purchase. If you made a mistake when entering your address during purchase, please contact us immediately and we will do our best to update your address prior to your products shipping. You are responsible for any products that are shipped to a bad/incorrect address.
Be Available to Accept Your Package
You must make yourself available to accept packages when the shipping carrier attempts to deliver your order. In the event you are not available during a carrier delivery attempt, you are responsible for any costs associated with the carrier returning the package to us. If a package gets lost due to you not being available to accept your package, you will be responsible for the loss of this package and we will not be able to provide you with a replacement.
Your Behavior During an Event
If you behave in a way or is shown as planning to behave in a way that is sexually explicit, violent, invasive, offensive, or otherwise inappropriate during an event, your event and entire order are subject to cancellation or termination and you will not receive a refund.