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Terms of service

Terms of Service

These Terms of Service (“Terms“) govern your access to and use of fanatix, including any fanatix mobile applications and websites (the “Services“), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with fanatix and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that fanatix provides are always evolving and the form and nature of the Services that fanatix provides may change from time to time without prior notice to you. In addition, fanatix may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by fanatix on the Services are subject to change. In consideration for fanatix granting you access to and use of the Services, you agree that fanatix and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

2. Privacy

Any information that you provide to fanatix is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United Kingdom and/or other countries for storage, processing and use by fanatix. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your fanatix account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your fanatix account (such as your email). fanatix cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Fanatix be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, fanatix needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for fanatix to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with fanatix for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by fanatix, or other companies, organizations or individuals who partner with fanatix, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. For example, if you choose to share a video through your connected Twitter or Facebook account, we will adapt your Content so that it can be attached to a Tweet in a Twitter card or a Post on Facebook.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. fanatix will not be responsible or liable for any use of your Content by fanatix in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License to Use the Services

fanatix gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by fanatix as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by fanatix, in the manner permitted by these Terms.

7. fanatix Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of fanatix and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. fanatix reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding fanatix, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames and profile URLs without liability to you. The fanatix Rules (which are part of these Terms) further detail what is prohibited on the Services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of fanatix, its users and the public. fanatix does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, fanatix’s computer systems, or the technical delivery systems of fanatix’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by fanatix (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Fanatix (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of fanatix is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

9. Copyright Policy

fanatix respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, fanatix will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Copyright Agent – fanatix
tixdaq limited

23 Pembridge Square

London

W2 4DR
Email: copyright@fanatix.com

10. Ending These Terms

The Terms will continue to apply until terminated by either you or fanatix as follows.

You may end your legal agreement with fanatix at any time for any reason by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

Nothing in this section shall affect fanatix’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

11.Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Fanatix and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “fanatix Entities“). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, FANATIX ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

fanatix Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from fanatix Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by fanatix Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FANATIX ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FANATIX ENTITIES EXCEED THE GREATER OF ONE HUNDRED POUNDS STERLING (UK£100.00) OR THE AMOUNT YOU PAID FANATIX, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FANATIX ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. General Terms

A. Waiver and Severability

The failure of fanatix to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the English courts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the English courts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

C. Entire Agreement

These Terms, the fanatix Rules and our Privacy Policy are the entire and exclusive agreement between fanatix and you regarding the Services (excluding any services for which you have a separate agreement with Fanatix that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between fanatix and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at https://www.fanatix.com/tos. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Tixdaq Limited, 23 Pembridge Square, London, W2 4DR, United Kingdom. If you have any questions about these Terms, please contact us.

Effective: 17th February 2015

The fanatix Rules

Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor user content and will not censor user content, except in limited circumstances described below.

Content Boundaries and Use of fanatix

In order to provide the fanatix service and the ability to communicate and stay connected with others, there are some limitations on the type of content that may be published with fanatix. These limitations comply with legal requirements and make fanatix a better experience for all. fanatix may update or modify the Content Boundaries of Use from time to time by posting the changes on this site.

  • Impersonation: Accounts portraying others in a manner that does or is intended to mislead, confuse, or deceive others may be permanently suspended.

  • Trademark: Use of a company or business name, logo, or other trademark-protected material in a manner that misleads or confuses others with regard to its brand or business affiliation may be considered a violation.

  • Private Information: You may not publish or post other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization.

  • Sensitive Media: Sensitive media, such as nudity or mild violence, may be subject to certain limitations, including but not limited to warnings to users and restrictions preventing that content from appearing in fanatix Channels.

  • Explicit Graphic Content (Abusive Behaviour Policy): You may not publish or post explicit violent or otherwise graphic content, such as explicit depictions of child abuse, animal abuse, or bodily harm.

  • Pornography and Sexually Explicit Content (Abusive Behaviour Policy): You may not post content that is pornographic or sexually explicit—even if it is of yourself or marked as sensitive.

  • Threats (Abusive Behaviour Policy): You may not publish or post content that is intended to incite others to commit violence, mocks victims of violence, or includes a direct and specific threat of violence to others.

  • Copyright (DCMA Policy): We will respond to valid and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.

  • Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.

Spam and Abuse

fanatix strives to protect its users from spam and abuse. Technical abuse and user abuse are not tolerated on Fanatix and may result in permanent suspension.

  • Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts.

  • Profile URL Squatting: You may not engage in profile URL squatting. Accounts that are inactive for more than six months may also have their profile URLs removed or reclaimed without further notice. Some of the factors that we take into account when determining what conduct is considered to be profile URL squatting are:
    • the number of profile URLs created;
    • creating profile URLs for the purpose of preventing others from using those profile URL names;
    • creating profile URLs for the purpose of selling those profile URLs.

  • Invitation spam: You may not use any of the “Find People” (address book contact importer, Facebook contact importer, invite via email, and invite via text) or “Share” features to send repeat, mass invitations.

  • Selling accounts: You may not purchase or sell fanatix accounts.

  • Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer, or to compromise a user’s privacy or login information.

  • Spam: You may not use the Fanatix service for the purpose of spamming anyone. Some of the factors that we take into account when determining what conduct is considered to be spamming are:

  • fanatix posts:
    • If you post fanatix videos with the sole purpose of directing users to an external site or service, particularly if the service advertised is in the business of buying/selling account interactions (followers, “Likes”, etc);
    • If you post fanatix videos with deliberately misleading tags or channels;
    • If you post duplicate fanatix videos over multiple accounts or multiple duplicate Fanatixs on one account;

  • Post interactions:
    • If a disproportionate number of users flag your content;
    • If a disproportionate number of your comments have been deleted;
    • If a disproportionate number of users are blocking your profile;
    • If a disproportionate number of users are reporting your profile for spam;
    • If you post large numbers of duplicate comments;
    • If you post large numbers of unsolicited comments in an attempt to advertise a service or link;

    • Following behaviors:
      • If you have followed a large number of users in a short time period;
      • If you have followed and un-followed the same users in a short time period, particularly by automated means (aggressive follower churn);
      • If you repeatedly follow and un-follow users;
      • If you have a small number of followers compared to the amount of people you are following;
      • Creating or purchasing accounts in order to gain followers;
      • Using or promoting third-party sites or services that claim to get you more followers (such as follower trains, sites promising “more followers fast,” or any other site or service that offers to automatically add followers to your profile).
  • Profile Images: You may not use obscene or pornographic images in your profile photo.

Accounts engaging in any of the activities specified above will have the offending content removed within 24 hours may be subject to permanent suspension.

 

 

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