Terms of Service
Last Updated: 02-June-2017
Welcome to the Fantag Service, owned and operated by Reel Coaches Inc. dba Fantag (“Fantag” or the “Company”). The properties which include the website, mobile applications and other online areas owned or operated by Fantag shall be collectively referred to as the “Service”. Fantag may modify or revise the Terms of Service and Privacy Policies, and you consent to be bound by these modifications and revisions. In the event that the Terms of Service is revised, Fantag will make reasonable efforts to notify you of the changes through the Service. If you do not agree to be bound by the Terms of Service, do not access or use the Service. Your continued use of the Service, following notice of the changes to our Terms of Service constitutes your acceptance of any amendment to the Terms of Service.
Acceptance of Terms
Use of the Service is void where prohibited. By using the Service, you represent to us that (a) any registration information that you submit is truthful, accurate and otherwise owned by (or licensed to) you; and (b) your use of the Service does not violate any applicable law or regulation.
Cancellation and Termination
1. You are solely responsible for properly canceling your user account. Account cancellation may be requested through support, and we will make reasonable efforts to address your request within 3–5 business days. Please email firstname.lastname@example.org for such requests.
2. Upon cancellation of your user account, all of your Content will be unavailable on the Service to you but your Content may persist and appear within the Service (e.g., if your Content has been reshared by others). Fantag is not liable for any lost content due to a cancellation of your account. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
3. Fantag, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Fantag service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and may result in the forfeiture and relinquishment of all Content in your Account. Fantag reserves the right to refuse service to anyone for any reason at any time.
The Terms and Conditions regarding limits on liability, indemnity, intellectual property, and voluntary submissions shall survive the termination of these Terms and Conditions, and shall remain in effect indefinitely.
Modifications to the Service and Prices
1. Fantag reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or your access to the Service (or any part thereof) with or without notice.
2. Fantag shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. You understand that Fantag uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
3. You must be at least 13 years old to use the Service. By using the Service, you represent that you're at least 13. If you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement.
4. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
5. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, including but not limited to any Fantag user, employee, member, or officer, and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
8. You are solely responsible for your conduct and Content that you submit, post or display on or via the Service.
9. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Fantag, or any other Fantag service.
10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Fantag.
11. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
12. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
13. We reserve the right to refuse access to the Service to anyone for any reason at any time.
14. We reserve the right to force forfeiture of any username for any reason at any time.
15. Users retain full liability for the content uploaded to the Fantag Service. Fantag is not liable for any content uploaded by our customers, including but not limited to Content that might be deemed offensive or inappropriate.
16. Fantag will use commercially reasonable efforts to respond to technical support and customer service requests. We make no claims as to response time, or whether a response will be offered.
17. Fantag makes no representation as to the suitability of the Service for any purpose, and shall not be held liable in any way for any consequences or damages that may arise through its purchase, download or use.
18. Fantag does not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
19. The Service may contain links to web sites not operated or maintained by Fantag. These links are provided solely as a convenience to you and not as an endorsement by Fantag of the contents of such third-party web sites. Fantag is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against Fantag regarding the inclusion of links to outside web sites or your use of those web sites.
20. The failure of Fantag to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Fantag and governs your use of the Service, superseding any prior agreements between you and Fantag (including, but not limited to, any prior versions of the Terms of Service).
22. Questions about the Terms of Service should be sent to email@example.com.
Copyright and Content Ownership
1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service.
2. By using the Service, you represent and warrant that all Content that you post on the Service will comply with U.S. copyright laws.
3. We reserve the right to publish, share or advertise any Content hosted on the Fantag Service and have full authority to display the user associated with generating such content.
If you are using the Service on a platform with the ability to select a “Feedback” (or similar) option, you acknowledge that any submission that you make to us becomes the property of Fantag, including all intellectual property rights therein. By using this feature, you agree to assign upon transmission to Fantag all rights, title and interest (including all intellectual property rights therein) in such submission, and Fantag may use such submission in any way and for any purpose.
By posting communications on Service community areas including but not limited to support and discussion forums, ratings and feedback of video content, and social networks, you shall be deemed to have granted to Fantag a royalty-free, perpetual, irrevocable, fully sub-licenseable and fully assignable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
You agree not to submit any information or materials which would subject Fantag to any licenses or obligations if we were to use them.
By sending us a submission or posting in a public area, you are representing that you are the sole and rightful owner of the submission, and that to the best of your knowledge, no other third parties have any claim to your submission.
You acknowledge and agree that Fantag and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Services in accordance with this Agreement. "Fantag” is our trademark. Other product and company names that are mentioned on the Service or provided as part of the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on the Service, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by or licensed to Fantag. This includes, without limitation, the text, software, scripts, graphics, photos, video, sounds, interactive features and the trademarks, service marks and logos contained therein (the “Marks”). The Marks are owned or licensed to Fantag, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by Fantag is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Service.
As between you and us and except as otherwise stated herein, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Fantag Service. You grant us an irrevocable, perpetual, non-exclusive, assignable, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
Fees, Costs, and Other Expenses
The Service makes use of a data network operated by the device manufacturer, an Internet service provider, and/or your wireless service provider to send both data and recorded audio video from your device to our servers, and to serve information back to you. Depending on your data plan, you may incur charges from the device manufacturer or your wireless service provider for use of their networks or other services. You are solely responsible for any and all costs you incur as a result of your usage of the service.
You may use the Service only for lawful purposes. You are responsible for compliance with all federal, state, and local law applicable to your use of the service, whether you use it from the United States or any other country.
Whether you use the Service from within the United States or any other country, you agree to comply with all local laws, rules, and practices regarding conduct and content.
You also agree to comply with all applicable export laws regarding the transmission of technical data exported from the United States or any other country in which you access or use the service.
Disclaimer of Warranties
WE PROVIDE THIS SERVICE “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. WE AND OUR AFFILIATES AND PARTNERS MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FANTAG NOR ANY OF THEIR EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE "FANTAG PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE FANTAG CONTENT; (C) USER CONTENT; (D) PARTNER OR AFFILIATE CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FANTAG OR VIA THE SERVICE. IN ADDITION, THE FANTAG PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE FANTAG PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE FANTAG PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE FANTAG CONTENT; (C) USER CONTENT; (D) PARTNER OR AFFILIATE CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FANTAG PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FANTAG PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FANTAG PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FANTAG PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIFTY UNITED STATES DOLLARS ($50.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FANTAG’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FANTAG PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FANTAG PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
FANTAG IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You agree to defend, indemnify and hold harmless Fantag, its parents and subsidiaries, managers, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any Content submitted by you causes damage to a third party; or (v) any misrepresentation made by you.
This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Fantag must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement 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 (6) 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 owner of an exclusive right that is allegedly infringed. Fantag’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree that any dispute regarding the interpretation or enforcement of this Agreement shall be decided by confidential, final and binding arbitration conducted by a mutually agreed to arbitrator located within the County of Sacramento, State of California, United States of America. The filing fees and arbitrator's fees and costs in such arbitration will be borne by the non-prevailing party. The parties will be entitled to reasonable discovery of essential matters as determined by the arbitrator. In the arbitration, the parties will be entitled to all remedies that would have been available if the matter were litigated in a court of law. Notwithstanding this, you agree that Fantag shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
In the event that any provision of this Agreement 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 this Agreement will remain in full force and effect. Fantag’s failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.