End-User License Agreement

 

IMPORTANT – PLEASE READ CAREFULLY:

  1. License Grant. FanFair grants You a revocable, non-exclusive, non-transferable, limited right to install and use the FanFair Application on a single Mobile Device owned and controlled by You, and to access and use the FanFair Application on such Mobile Device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with you Mobile Device (collectively “Related Agreements”).

  2. Restrictions on Use. You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the FanFair Application; (b) make an modification, adaptation, improvement, enhancement, translation or derivative work from the Application; © violate any applicable laws, rules or regulations in connection with Your access or use of the FanFair Application; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the FanFair Application; (e) use the FanFair Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the FanFair Application to exist on more than one Mobile Device at a time or on any other mobile device or computer; (g) distribute the FanFair Application to multiple Mobile Devices; (h) make the FanFair Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the FanFair Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute or any services, product or software offered by FanFair; (j) use the FanFair Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use proprietary information or interfaces of FanFair or other intellectual property of FanFair in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the FanFair Application. You use of the FanFair Application is also subject to FanFair’s Privacy Policy (https://www.fanfairapp.com/privacy-policy).

  3. Infringement Acknowledgement. You and FanFair acknowledge and agree that, in the event of a third party claim that the FanFair Application or Your possession or use of the FanFair Application infringes any third party’s intellectual property right, You (and not FanFair) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify FanFair of such a claim.

  4. Disclaimer of Warranties. You acknowledge and agree that the FanFair Application is provided on an “as is” and “as available” basis. And that your use of or reliance upon the FanFair Application and any third party content and services accessed thereby is at your sole risk and discretion. FanFair and its affiliates, partners, suppliers and licensors hereby disclaim any and all representations, warranties and guarantees regarding the FanFair Application and third party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of the merchantability, fitness for a particular purpose, and non-infringement. Furthermore, FanFair and its affiliates, partners, suppliers and licensors make no warranty that (I) the FanFair Application or third party content and services will meet your requirements; (II) the FanFair Application or third party content and services will uninterrupted, accurate, reliable, timely, secure or error-free; (III) the quality of any products, services, information or other material accessed or obtained by you through the FanFair Application will be as represented or meet your expectations; or (IV) any errors in the application or third party content and services will be corrected.

  5. Limitation of Liability. Under no circumstances shall FanFair or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with you access or use of or inability to access or use the application and any third party content or services, whether or not the damages were foreseeable and whether or not FanFair was advised of the possibility of such damages. Without limiting the generality of the foregoing, FanFair aggregate liability to your (whether under contract, tort, stature or otherwise) shall not exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  6. User Content. You are solely responsible for all User Content that you post. You promise that, with respect to any User Content you post on the FanFair Application, (1) you own or have the right to post such User Content; (2) such User Content, or its use by FanFair pursuant to the license granted above, does not; (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) such User Content does not imply any affiliation with or endorsement of You or your User Content by FanFair or any artist, band, label, or other individual or entity without the prior express written content from FanFair or such individual entity. In posting or sharing User Content or other information on the FanFair Application, please keep in mind that content and other information will be publicly accessible, and may be used an re-shred by others on the FanFair Application and across the web, so please use caution in posting or sharing on the FanFair Application, and be mindful of your account settings. FanFair is not responsible for what you or others post or share on the FanFair Application.

  7. Termination. FanFair may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by FanFair. Upon the termination of his License, You shall cease all use of the FanFair Application and uninstall the FanFair Application.