Last Updated: March 17, 2024
Welcome to the Fanpaign™ website. Please read these terms of use carefully before using this platform.
By accessing or using our website, you agree to comply with and be bound by these terms. If you do not agree to these terms, please do not use our website.
Fanpaign™ offers the services outlined below via its website and associated services (together, these services, encompassing any new features and applications, as well as the Platform, are referred to as the “Services”), governed by the following Terms of Use (referred to as the “Terms of Use” and subject to periodic amendments).
In the context of the ensuing Terms of Use, the terms “Fanpaign,” “we,” “us,” “our,” and similar expressions refer to the contracting party. We retain the right, at our sole discretion, to modify or change sections of these Terms of Use at any time.
If such modifications occur, they will be posted on this page, indicating the date of the last revision of these terms. We will make efforts to notify you, whether through the user interface of the Services, via email notification, or using other reasonable methods. Unless otherwise specified, Fanpaign may officially communicate with you through any reasonable means currently known or developed later, including email, regular mail, and postings on the Platform. These changes will take effect no earlier than fourteen (14) days after posting, except for changes addressing new Services functions or those made for legal reasons, which will be effective immediately. Changes to the provisions governing Dispute Resolution By Binding Arbitration will be made as specified therein. Your continued use of the Services after the effective date of any changes constitutes acceptance of the new Terms of Use. If you do not agree with the updated Terms of Use, you may cease using the Services.
Additionally, when utilizing specific services, you are bound by any additional terms applicable to those services, posted on the Services from time to time. This includes the Privacy Policy at https://fanpaign.com/privacy/. All such terms are incorporated into these Terms of Use by reference (with potential modifications as per their terms), and in case of conflicts related to the use of the Services, these Terms of Use will prevail.
ACCESS AND USE OF THE SERVICES
Description of Services: The Services function as a platform for various users, including Campaign Organizers, Facilitators, Donors (as defined herein), and other registered users. This may encompass users who merely view Campaigns or engage with the Platform or Services. The Services offer features allowing a user (referred to as a “Campaign Organizer”) to initiate a fundraising campaign (“Campaign”) on the Platform, accepting monetary donations (“Donations”) from users wanting to contribute to the Campaign (“Donors”). In this context, the term “Campaign Organizer” also includes individuals designated as beneficiaries of a Campaign. While there are no fees for setting up a Campaign, a percentage of each Donation incurs fees for our Services, detailed in our Fees section.
Fanpaign facilitates Donation transactions between Campaign Organizers and Donors through the platform but is not a party to any agreement between a Campaign Organizer and a Donor. Fanpaign is not and does not act as a broker, agent, financial institution, creditor, or insurer for any user. Fanpaign lacks control over the conduct or information provided by a Campaign Organizer, and Fanpaign disclaims all liability in this regard to the maximum extent allowed by applicable law.
Fanpaign cannot guarantee a specific amount of Donations or any Donations for a Campaign. We do not endorse any Campaign, or Campaign Organizer, and we do not assure, explicitly or implicitly, the accuracy of information provided by a user through the Services. Any liability or responsibility for the success of a Campaign or the result of fundraising efforts is expressly disclaimed by us. As a Donor, it is your responsibility to determine the value and appropriateness of contributing to any Campaign, or Campaign Organizer.
You acknowledge that Fanpaign is not a charity. In the context of this Agreement, the term “Campaign” does not denote a charity, and you recognize that contributions to Campaigns are not tax-deductible under the applicable tax laws and regulations of your jurisdiction.
We do not have the ability to verify the information provided by Campaign Organizers, and we do not guarantee that Donations will be utilized in accordance with the fundraising purpose outlined by a Campaign Organizer. We have no obligation to verify the lawful use of Donations, but we take fraudulent activity and fund misuse seriously. If you suspect that a Campaign Organizer is not using funds for their stated purpose, please inform us at support@fanpaign.com, and we will conduct an investigation.
As a Campaign Organizer, you affirm, warrant, and pledge that (i) all information related to a Campaign is accurate, complete, and not intended to mislead or defraud users; (ii) Donations to your Campaign will be used solely as described in the provided materials; (iii) you will comply with applicable laws and regulations when soliciting funds, especially those related to marketing and project solicitation; and (iv) if you share personal data of third parties with us, you have the authority and necessary consents under applicable law to provide and allow us to use such data for the intended purposes. You authorize Fanpaign to share information about your Campaign with donors, beneficiaries, and law enforcement or to aid in investigations.
Website and Account Registration: Access to certain features of the Services may necessitate registration with Fanpaign. If you opt to register for the Services, you commit to supplying and maintaining truthful, accurate, current, and complete information about yourself as prompted by the registration form. Campaign Organizers are required to register using their authentic identities, including their name and any image or video depicting the Campaign Organizer. The management of registration data and other information about you is subject to our Privacy Policy. If you are below 13 years old, you are not permitted to use the Services, whether or not you register. Furthermore, if you are below the age of majority in your jurisdiction (typically 18 or 19 years old), you may use the Services, with or without registration, only with parental or guardian approval. Certain aspects of our Services may necessitate registration with (and agreement to the terms of) third-party service providers (e.g., payment processors or charitable donation processors) to utilize those Services. While we may assist with such registration in certain cases, we are not part of those relationships and disclaim any responsibility or liability for the performance of such third parties. Information exchange with these third-party services, including Personal Data (as defined in the Privacy Policy), will adhere to the Privacy Policy.
Tax Responsibilities: It is your duty to ascertain the applicable taxes, if any, for the Donations you receive through your use of the Services. You are solely responsible for evaluating, collecting, reporting, or remitting the correct tax, if applicable, to the relevant tax authority.
Member Account, Password, and Security: You are accountable for maintaining the confidentiality of your password and account, if applicable, and bear full responsibility for all activities under your password or account. You commit to (a) promptly informing Fanpaign of any unauthorized use of your password or account or any security breach, and (b) ensuring that you log out of your account at the conclusion of each session when accessing the Services. Fanpaign is not liable for any loss or damage resulting from your failure to comply with this section.
Service Modifications: Fanpaign retains the right to alter, suspend, or terminate, either temporarily or permanently, the Services or any part thereof. We will make reasonable efforts to notify you of any such changes, suspensions, or terminations. You agree that, to the extent permitted by law, Fanpaign will not be held liable to you for any modifications, suspensions, or discontinuations of the Services in accordance with these Terms of Use.
Public Visibility of Donations: As a Donor, you have the choice to publicly showcase your Donation for everyone to view, including on search engines such as Google and Yahoo. To keep your Donation details private, simply check the “Anonymous” box during the Donation process. Refer to our Privacy Policy for more details on how we collect, use, and store specific information about you and your use of the Services.
General Practices Regarding Use and Storage: You acknowledge that Fanpaign may establish overall practices and limitations regarding the use of the Services, including the maximum duration that data or other content will be retained by the Services and the maximum storage space allocated on Fanpaign’s servers on your behalf. You agree that Fanpaign holds no responsibility or liability for the deletion or failure to store any data or content maintained or uploaded by the Services. You recognize that Fanpaign has the right to deactivate accounts or Campaigns that remain inactive for an extended period. Additionally, Fanpaign reserves the right to modify these general practices and limitations at its sole discretion and will make reasonable efforts to notify you of such changes where required by applicable law.
Mobile Services: The Services encompass specific features accessible through a mobile device, including (i) the capability to upload content to the Platform using a mobile device, (ii) browsing the Platform from a mobile device, and (iii) accessing certain features through an application downloaded and installed on a mobile device (collectively referred to as the “Mobile Services”). When accessing the Services via a mobile device, standard charges, data rates, and additional fees from your wireless service carrier may apply. Moreover, your carrier may prohibit or restrict the download, installation, or use of specific Mobile Services, and not all Mobile Services may be compatible with every carrier or device. By utilizing the Mobile Services, you consent to receiving communications about Fanpaign and other entities through SMS, MMS, text messages, or other electronic means on your mobile device. Additionally, certain information about your Mobile Services usage may be transmitted to us. We will adhere to any additional requirements stipulated by local laws and regulations before communicating with you in this manner. If you change or deactivate your mobile telephone number, you agree to promptly update your Fanpaign account information to prevent your messages from being sent to the individual who acquires your previous number.
CONDITIONS OF USE
User Conduct: You bear sole responsibility for all content, including Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”), that you upload, post, publish, display, or transmit through the Services. Fanpaign reserves the right to investigate any user, employing both public and private entities, such as collection agents, private investigators, and relevant local, state, federal, and international agencies. Appropriate action will be taken against anyone violating the terms or spirit of these Terms of Use, as determined by Fanpaign’s sole discretion. Actions may include removing offending content, suspending or terminating the account of violators, halting payments to any such Campaign, freezing or placing a hold on donated funds as required by applicable law, and reporting the user to law enforcement authorities or taking legal action. The following activities are prohibited on the Services:
A. Establishing or contributing to any Campaign with implicit or explicit purposes related to:
Violating any law or governmental regulation; Creating fraudulent, misleading, inaccurate, dishonest, impossible, or imitative content or campaigns; Dealing with illegal drugs, narcotics, steroids, controlled substances, or products presenting risks to consumer safety, including related paraphernalia; Handling knives, explosives, ammunition, firearms, weaponry, or accessories; Engaging in annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking, money service businesses, debt collection, or cryptocurrencies; Participating in gambling, gaming, or any activity with an entry fee and a prize, such as casino games, sports betting, fantasy sports, racing, lottery tickets, or similar ventures; Promoting hate, violence, harassment, discrimination, terrorism, or intolerance related to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender identity, or serious disabilities or diseases; Involving countries, regions, governments, persons, or entities subject to U.S. and other economic sanctions, unless expressly authorized by the appropriate governmental authority; Engaging in ransom, human trafficking, or exploitation; Creating or sharing pornography or other sexual content; Uploading offensive, graphic, perverse, or sensitive content; Defending or supporting anyone alleged to be involved in criminal activity; Offering monetary rewards, including gift cards; Initiating transactions for the sale of items before the seller has control or possession of the item; Collecting payments on behalf of merchants by payment processors or otherwise; or Providing credit repair or debt settlement services.
B. Transmitting or uploading any content that:
Infringes on intellectual property or other proprietary rights of any party; You do not have the right to upload under any law or contractual or fiduciary relationships; Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment; Poses a privacy or security risk to any person; Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Fanpaign, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Fanpaign or its users to any harm or liability of any type; or
C. Disrupting or interfering with the Services, servers, or connected networks, or violating requirements, procedures, policies, or regulations of networks linked to the Services; or
D. Gathering or collecting email addresses or other user contact information from the Services through electronic or other means.
Donations: To contribute to a Campaign, a Donor must provide Fanpaign with information about their credit card or other payment instrument. As a Donor, you affirm to Fanpaign that this information is accurate, and you have the authorization to use the payment instrument. You acknowledge that a minimum Donation amount may be required, and all Donation payments are final and non-refundable unless Fanpaign, at its sole discretion, agrees to issue a refund. Donors may choose to make recurring period Donations, and by opting for recurring contributions, you, as a Donor, (i) agree to promptly update your account information for any changes, and (ii) authorize Fanpaign to bill your payment instrument in advance periodically until you terminate such payments, which can be done at any time through the Platform.
Fees: Initiating a Campaign incurs no upfront fees for a Campaign Organizer. Fanpaign retains a fixed percentage of each Donation to a Campaign (“Fanpaign Fees”) to cover payment processing fees, expenses, and other costs of doing business. Payment processing fees are deducted from each Donation, payable directly to our payment partners (“Payment Processing Fee,” collectively with Fanpaign Fees referred to as “Fees”). Donors acknowledge that contributing a Donation implies agreement with terms and conditions set by our payment partners, in addition to these Terms of Use.
Fees are directly subtracted from each Donation and are not reflected in the amount available for withdrawal by a Campaign Organizer. Fanpaign reserves the right to periodically adjust Fee pricing. If Fees change, Fanpaign will provide advance notice on the Platform or through email, at its discretion. Continued use of the Services after the Fee change constitutes acceptance of the updated Fees. All Fees mentioned in these Terms of Use are exclusive of Value Added Tax, Goods and Services Tax, and any other applicable taxes.
Account Holds: Periodically, Fanpaign may impose a Hold on a Campaign account, restricting Withdrawals (as defined herein) by a Campaign Organizer. Reasons for placing a Hold on a Campaign Account may include: (i) if, in our sole discretion, we suspect information provided by a Campaign Organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner, (ii) if funds available should be directed to a person other than the Campaign Organizer, such as a legal beneficiary or an individual authorized by law to act on behalf of a Campaign Organizer, (iii) if we suspect that a Campaign or Campaign Organizer has violated these Terms of Use, or (iv) if necessary to comply with a court order, subpoena, writ, injunction, or as mandated under applicable laws and regulations. For inquiries about a Hold placed on your Campaign account or assistance in resolving the Hold, please contact us at support@fanpaign.com.
Withdrawing Donations from a Campaign: As a Campaign Organizer (or the designated beneficiary, if applicable), you may withdraw Donations from your Campaign at any time, up to the total amount of all credited Donations, less Fees and any previously withdrawn amounts (“Withdrawals”), and subject to any Holds imposed by us or our payment partners on your Campaign account. Withdrawals may be processed through receipt of a paper check. While Fanpaign endeavors to make Withdrawals promptly available, you acknowledge that Withdrawals may not be immediately accessible, and Fanpaign does not guarantee specific time frames for availability. Fanpaign explicitly disclaims responsibility for any delay or inability to access Withdrawals at a specified time and any consequences arising from such delays or inability. As a Campaign Organizer, you are responsible for ensuring the accuracy and currency of the information provided to Fanpaign for Withdrawal processing.
Special Notice for International Use; Export Controls: Software (defined below) associated with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. Downloading or using the Software in violation of these export control and economic sanctions laws is prohibited. It is your sole responsibility to comply with local rules and laws governing your use of the Services, including online conduct and acceptable content, considering the global nature of the Internet.Fanpaign
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software, and Trademarks: You recognize and consent that the Services may encompass content or features (“Services Content”) protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as explicitly authorized by Fanpaign, you agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, wholly or partially, excluding your own User Content (as defined below) that you legally upload to the Services. During your use of the Services, you will refrain from employing data mining, robots, scraping, or similar data gathering or extraction methods. If Fanpaign blocks your access to the Services (including IP address blocking), you commit not to implement measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content not explicitly authorized herein is strictly prohibited. The technology and software forming the basis of the Services or distributed in connection therewith are the property of Fanpaign, our affiliates, and partners (the “Software”). You pledge not to copy, modify, create derivative works, reverse engineer, reverse assemble, or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Fanpaign reserves all rights not expressly granted herein.
The Fanpaign name and logos constitute trademarks and service marks of Fanpaign (collectively the “Fanpaign Trademarks”). Other names and logos of companies, products, and services displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with Fanpaign. Nothing in these Terms of Use or the Services should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any Fanpaign Trademarks displayed on the Services, without our prior written permission in each instance. Any goodwill arising from the use of Fanpaign Trademarks will exclusively benefit us.
Third-Party Material: Fanpaign will not be liable in any manner for any content or materials from third parties (including users and Campaign Organizers), including, but not limited to, any errors or omissions in such content, or any loss or damage incurred as a result of using such content. You acknowledge that Fanpaign does not pre-screen content but reserves the right (though not obligated) in its sole discretion to refuse or remove any content available via the Services. Without limiting the foregoing, Fanpaign and its designees have the right to delete any content that violates these Terms of Use or is considered by Fanpaign, in its sole discretion, to be objectionable.
User Content Transmitted Through the Services: Regarding the content, photos, videos, images, trademarks, logos, brands, or other materials you upload or post through the Services or share with other users or recipients (“User Content”), you assert and guarantee that you own all right, title, and interest in and to, or otherwise possess all necessary rights and consents to (and to permit others to) fully exploit such User Content, including, without limitation, all copyrights, trademark rights, and rights of publicity or privacy related thereto. By uploading any User Content, you hereby grant and will grant Fanpaign and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image, or likeness, you release and hold harmless Fanpaign and its contractors and employees from (i) all claims for invasion of privacy, publicity, or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image, or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image, or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image, or likeness). Furthermore, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers, and releases from such person(s) for the benefit of Fanpaign in a manner fully consistent with the licenses, waivers, and releases set forth above. You acknowledge that your participation in the Services and submission of User Content is voluntary, and you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Fanpaign’s exploitation thereof), and that the sole consideration for the subject matter of this agreement is the opportunity to use the Services.
You recognize and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”) provided by you to Fanpaign are non-confidential, and Fanpaign will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Fanpaign may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Fanpaign, its users or the public.
Copyright Complaints: Fanpaign values the intellectual property of others and expects the same from its users. If you believe that your work has been duplicated in a manner that constitutes copyright infringement or that your intellectual property rights have been violated, please inform Fanpaign of your infringement claim following the procedure outlined below.
Fanpaign will review and investigate reports of alleged infringement and will take appropriate actions in accordance with the Digital Millennium Copyright Act (“DMCA”) and other relevant intellectual property laws regarding any confirmed or alleged infringement. To report a claim of copyright infringement, please send an email to Fanpaign at support@fanpaign.com with the subject line “DMCA Takedown Request.” Alternatively, you can reach out to us via mail at:
Fanpaign / Avida LLC
Attn: General Counsel
844 Brookview Ln
Rockledge, FL 32955
To be valid, the notice must be in written form and include the following details:
an electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property owner; a description of the copyrighted work or other intellectual property that you allege has been infringed; specific details about the location of the material you claim is infringing, allowing us to locate it on the Services; your contact information, including address, phone number, and email address; a statement from you indicating that you believe in good faith that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement made under penalty of perjury affirming the accuracy of the information in your notice and asserting that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Counter-Notice: If you are of the opinion that your User Content, which was removed or disabled, is not infringing, or you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to upload and use the content in your User Content, you can send a written counter-notice with the following details to the provided address:
your physical or electronic signature; identification of the content that has been removed or disabled and the location where it appeared before removal or disablement; a statement expressing your good-faith belief that the removal or disablement resulted from a mistake or misidentification of the content; and your name, address, phone number, email address, and a statement indicating your acceptance of service of process from the individual who notified us of the alleged infringement. Upon receipt of a counter-notice, if deemed appropriate, Fanpaign will send a copy to the original complainant, notifying them that the removed content may be reinstated or access restored within 10 business days. At our sole discretion, the content may be replaced or access restored in 10 to 14 business days or more following receipt of the counter-notice unless the copyright owner takes legal action against the content provider, member, or user.
Repeat Infringer Policy: Consistent with the DMCA and other relevant laws, Fanpaign has implemented a policy to terminate users considered repeat infringers under appropriate circumstances and at the sole discretion of Fanpaign. Fanpaign may also, at its sole discretion, restrict access to the Services and/or terminate memberships of any users found to infringe on the intellectual property rights of others, regardless of repeat infringement.
THIRD PARTY WEBSITES/SERVICES
The Services may offer, enable, or feature links or alternative means to access other websites, services, and resources on the Internet. Fanpaign lacks control over such websites, services, and resources, and it neither endorses nor assumes responsibility for them. You also acknowledge and consent that Fanpaign bears no direct or indirect responsibility or liability for any damage or loss incurred or purported to be incurred in connection with the utilization or reliance on any content, events, goods, or services accessible on or through any such website, service, or resource. Any interactions with third parties encountered during the use of the Services are solely between you and the third party, and you affirm that Fanpaign is not accountable for any loss or dispute you may encounter with such third parties.
SOCIAL NETWORKING SERVICES
You have the option to activate or sign in to the Services using various third-party online services, including social media and social networking services like Facebook or Twitter (“Social Networking Services”). Integrating these Social Networking Services directly into the Services enhances your online experiences, providing a more personalized touch. To leverage this functionality, we may request you to authenticate, register, or sign in to Social Networking Services on their respective providers’ websites. Through this integration, the Social Networking Services may grant us access to specific information you provided to them, and we will handle this information in accordance with our Privacy Policy. For further details about the consequences of enabling these Social Networking Services and how Fanpaign utilizes, stores, and discloses the associated information within Fanpaign (including details like your friend lists), please refer to our Privacy Policy. However, keep in mind that the usage, storage, and disclosure of your information by Social Networking Services are solely governed by the policies of those third parties, and Fanpaign bears no liability or responsibility for the privacy practices or actions of any third-party site or service enabled within the Services.
Additionally, Fanpaign assumes no responsibility for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. Consequently, Fanpaign is not liable for any damage or loss allegedly caused by or in connection with the use of or reliance on any such Social Networking Services. The inclusion of these features is provided for convenience, and their integration does not imply endorsement or recommendation by Fanpaign.
INDEMNITY AND RELEASE
You hereby agree to release, indemnify promptly upon demand, and absolve Fanpaign, its affiliates, and their officers, employees, directors, and agents from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, actions of any nature, and injuries (including death) arising from or in connection with your utilization of the Services, any Donation or Campaign, any User Content, your association with the Services, your breach of these Terms of Use, or your infringement of the rights of others. If you reside in California, you explicitly waive the provisions of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” For residents of jurisdictions outside California, both within and outside the United States, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FANPAIGN AND ITS AFFILIATES EXPLICITLY DISCLAIM AND EXCLUDE, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FANPAIGN AND ITS AFFILIATES PROVIDE NO ASSURANCE OR GUARANTEE THAT (I) THE SERVICE WILL FULFILL YOUR REQUIREMENTS, (II) THE SERVICE WILL BE CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACQUIRED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLIABLE LAW, NEITHER FANPAIGN NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF FANPAIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FANPAIGN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FANPAIGN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE Terms of Use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing Fanpaign support at support@fanpaign.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Fanpaign has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
ARBITRATION AGREEMENT
Fanpaign and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms of Use. References to “Fanpaign”, “we”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies, including, for example, if residing in the United States, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Fanpaign are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, these Terms of Use evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Use.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fanpaign should be sent to 844 Brookview Ln, Rockledge FL 32955, Attn: General Counsel, with a copy by email to support@fanpaign.com (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Fanpaign and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Fanpaign may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Fanpaign or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fanpaign is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Fanpaign and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND FANPAIGN 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. Further, unless both you and Fanpaign agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Fanpaign makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.
TERMINATION
You agree that Fanpaign, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if Fanpaign believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Fanpaign may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Use. Further, you agree that Fanpaign will not be liable to you or any third party for any termination of your access to the Services.
USER DISPUTES
You acknowledge your sole responsibility for interactions with any other user in connection with the Services, and Fanpaign disclaims any liability or responsibility in that regard. While Fanpaign has the right, it is not obligated to intervene in disputes between you and any other user of the Services.
GENERAL
These Terms of Use establish the complete agreement between you and Fanpaign, governing your utilization of the Services and supplanting any prior agreements. Additional terms and conditions may apply to your use of affiliate or third-party services, third-party content, or third-party software. The laws of the State of Florida will govern these Terms of Use, irrespective of conflict of law provisions. Regarding disputes or claims not subject to arbitration, as outlined above, you and Fanpaign consent to the personal and exclusive jurisdiction of the state and federal courts within Brevard County, FL.
Fanpaign’s failure to enforce any right or provision of these Terms of Use does not constitute a waiver, and if any provision is found invalid, the court should strive to give effect to the parties’ intentions. The remaining provisions remain in full force. You agree that any claim or cause of action arising from the use of the Services or these Terms of Use must be filed within one (1) year or be forever barred. A printed version of this agreement will be admissible in judicial proceedings. You may not assign these Terms of Use without Fanpaign’s written consent, but Fanpaign may assign or transfer them without restriction. Failure to enforce any right does not result in a waiver, and section titles are for convenience only. Notices to you may be sent via email or regular mail, or displayed on the Platform.
Contact Information
If you have any questions or concerns about these terms and conditions, please contact us at funding@teamsportfunding.com.
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