Please read these Fanell Inc. (“Fanell,” “our,” “we,” or “us”) Terms of Service (the “Terms”) and our Privacy Policy available at https://fanellabc.com/privacy carefully because they govern your use of our website https://fanellabc.com (the “Site”) and services accessible via our mobile applications (each an “App,” collectively “Apps”). To make these Terms easier to read, our Site and the Apps are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must not use the Services.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND CONSIDERED THE CONSEQUENCES OF THIS AGREEMENT.
Fanell may update or modify these Terms at any time, at our sole discretion. If we make changes, we will notify you by updating the Terms on our Site or by other means through the Services. It is important that you review the Terms whenever we update them. If you continue to use the Services after changes are posted, you are indicating that you accept and agree to the modified Terms. If you do not agree to the updated Terms, you must stop using the Site and Services.
As our Services evolve, we may modify or discontinue any part of the Services at any time without notice, at our sole discretion.
You may use the Services only if you are 16 years of age or older and are not prohibited from using the Services under applicable law. If you are under the age of 18, or under the age of majority in your jurisdiction, you represent that your legal guardian has reviewed and agreed to these Terms on your behalf.
When creating an account, you must provide accurate, complete, and up-to-date information and agree to update it as necessary to keep it current. Failure to do so may result in the suspension or termination of your account.
You agree to keep your account password confidential and not share it with anyone. You must notify us immediately of any unauthorized use of your account. You are solely responsible for all activities that occur under your account, whether or not you are aware of them.
Please refer to our Privacy Policy available at https://fanellabc.com/privacy for details on how we collect, use, and disclose information from you, your computer, and your mobile device. By using our Services, you acknowledge the collection, use, and sharing of your information as described in our Privacy Policy. If you do not agree with the Privacy Policy, you must stop using our Services.
For the purposes of these Terms:
• “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.
• “User Content” means any Content that account holders (including you) provide to be made available through the Services.
We respect the intellectual property rights of others. You must have the right to use any User Content you submit to the Services. You may not use others’ User Content unless you first obtain their permission. By submitting User Content to Fanell, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Fanell’s (and its successors’ and affiliates’) business. This includes, without limitation, promoting and redistributing parts or all of the Services (and derivative works thereof) in any media formats and through any media channels.
We do not claim ownership of any User Content, and nothing in these Terms restricts your rights to use and exploit your User Content. However, subject to the above, Fanell and its licensors exclusively own all rights, titles, and interests in and to the Services and Content, including all associated intellectual property rights.
You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
By submitting User Content through the Services, you grant Fanell a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with providing and operating the Services and Content.
You are solely responsible for your User Content. You represent and warrant that you either own the User Content or have the necessary rights to grant Fanell the license under these Terms. Additionally, you represent and warrant that your User Content, your use and provision of it through the Services, and Fanell’s use of it will not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of publicity or privacy, or any applicable law or regulation.
Fanell is not responsible or liable for the removal or deletion (or failure to remove or delete) of any User Content.
Subject to your compliance with these Terms, Fanell grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display, and print the Content solely in connection with your permitted use of the Services and for your personal, non-commercial purposes.
Subject to your compliance with these Terms, Fanell grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to use the App solely for your personal, non-commercial purposes.
You may make a reasonable number of backup or archival copies of the App, but you may not:
(i) copy, modify, or create derivative works based on the App;
(ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party;
(iii) reverse engineer, decompile, or disassemble the App; or
(iv) make the functionality of the App available to multiple users by any means.
Fanell reserves all rights in and to the App not expressly granted to you under these Terms.
You agree not to do any of the following:
• Post, upload, publish, submit, or transmit any Content that:
(i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
(ii) violates any applicable law or regulation or could result in civil liability;
(iii) is fraudulent, false, misleading, or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar, or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that threaten any person or entity; or
(vii) promotes illegal or harmful activities or substances.
• Use, display, mirror, or frame the Services or any individual element within the Services, Fanell’s name, trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without Fanell’s express written consent.
• Access, tamper with, or use non-public areas of the Services, Fanell’s computer systems, or the technical delivery systems of its providers.
• Attempt to probe, scan, or test the vulnerability of any of Fanell’s systems or networks or breach any security or authentication measures.
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fanell or its providers to protect the Services or Content.
• Attempt to access or search the Services or Content, or download Content from the Services, using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than the software and/or search agents provided by Fanell or generally available third-party web browsers.
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation.
• Use any meta tags or hidden text or metadata utilizing Fanell’s trademarks, logos, URL, or product name without Fanell’s express written consent.
• Use the Services or Content, or any portion thereof, for any commercial purpose or benefit to any third party, or in any manner not expressly permitted by these Terms.
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content.
• Interfere with or attempt to interfere with the access of any user, host, or network, including sending viruses, overloading, flooding, spamming, or mail-bombing the Services.
• Collect or store personally identifiable information from other users of the Services without their explicit permission.
• Impersonate or misrepresent your affiliation with any person or entity.
• Violate any applicable law or regulation.
• Encourage or enable any other individual to engage in any of the above prohibited activities.
Although we are not obligated to monitor access to or use of the Services or Content or review, display, or edit any Content, we reserve the right to do so to operate the Services, ensure compliance with these Terms, and comply with applicable laws or other legal requirements.
We reserve the right to remove or disable access to any Content, at any time and without notice, if we determine, at our sole discretion, that such Content is objectionable or violates these Terms. Additionally, we reserve the right to investigate any violations of these Terms or conduct that affects the Services. We may consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Fanell respects copyright law and expects its users to do the same. It is our policy to terminate, in appropriate circumstances, account holders who repeatedly infringe or are believed to repeatedly infringe the rights of copyright holders.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe their rights under U.S. copyright law have been infringed by acts of third parties online. If you believe your copyrighted work has been copied without authorization and is available via the Services, please provide a notice with the following information:
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
• Identification of the infringing material and information reasonably sufficient to locate it on the Services (providing URLs in the body of an email is the best way to assist us).
• Contact information, such as your address, telephone number, and email address.
• A statement of good faith belief that the use of the material in question is unauthorized by the copyright owner, its agent, or the law.
• A statement of accuracy, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• A physical or electronic signature of the copyright owner or their authorized representative.
Links to Third-Party Websites or Resources
The Services may contain links to third-party websites or resources. These links are provided for your convenience, and Fanell is not responsible for the content, products, or services available on such websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of third-party websites or resources.
Apple Device Users
If you access the Services on an Apple device, you agree and acknowledge:
• Apple, Inc. bears no duties or obligations to you under these Terms, including but not limited to maintenance or support for the Services.
• You waive any claims against Apple related to the Services or Terms, including claims regarding maintenance, intellectual property, liability, or legal conformance.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple may enforce these Terms against you.
Export Control
You represent and warrant that:
• You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country.
• You are not on any U.S. Government list of prohibited or restricted parties.
Termination
Fanell may terminate or suspend your access to the Services at its sole discretion, without prior notice. Upon termination or suspension, provisions of these Terms that should survive (such as ownership, disclaimers, and limitations of liability) will remain in effect.
Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. FANELL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We do not guarantee uninterrupted, error-free, or secure Services, nor do we guarantee the accuracy, timeliness, or reliability of any Content.
Indemnity
You agree to indemnify and hold Fanell, its affiliates, officers, directors, employees, and agents harmless from any claims, disputes, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:
(i) your use of the Services or Content,
(ii) your User Content, or
(iii) your violation of these Terms.
Limitation of Liability
NEITHER FANELL NOR ITS PARTNERS OR PROVIDERS WILL BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, SERVICE INTERRUPTION, OR SYSTEM FAILURE, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT. THIS APPLIES REGARDLESS OF THE LEGAL THEORY AND EVEN IF FANELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that any claim arising out of or relating to your relationship with us must be filed within one year after such claim arose. Otherwise, your claim is permanently barred.
These Terms and any related actions will be governed by the laws of the State of Wyoming, without regard to its choice of law or conflict of law principles.
You and we agree to the jurisdiction of the courts in San Francisco, California, to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services and is not subject to mandatory arbitration as outlined below.
If you encounter an issue with a Service, many problems can be resolved through our support channels. Before pursuing formal legal action, please contact our support team via the App or the “Support” link on our website. Most disputes can be resolved informally.
This section applies only to users in the United States.
You and Fanell agree to resolve disputes, claims, or controversies arising out of or relating to these Terms, their breach, termination, enforcement, interpretation, or validity, or the use of the Services (“Disputes”) through binding arbitration, except for individual claims in small claims court or actions seeking equitable relief for intellectual property infringement.
By accepting these Terms, you waive the right to a jury trial or to participate in class actions or representative proceedings unless agreed in writing by both parties.
This “Dispute Resolution” section will survive termination of these Terms.
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The Federal Arbitration Act governs this section’s interpretation and enforcement. AAA Rules are available at https://www.adr.org/arbitration.
To initiate arbitration, provide the other party a written Demand for Arbitration as outlined in the AAA Rules. An arbitrator, either a retired judge or a licensed attorney in Wyoming, will be selected from the AAA’s roster. If parties cannot agree on an arbitrator within seven days, the AAA will appoint one.
Unless both parties agree otherwise, arbitration will take place in the county of your residence. Claims under $10,000 may be resolved through document submission unless a hearing is requested. For claims exceeding $10,000, hearing rights will follow AAA Rules.
The arbitrator will issue an award per AAA Rules. Their decision must align with these Terms’ limitations of liability. Attorneys’ fees and expenses may be awarded if applicable law allows. Fanell waives its right to seek attorneys’ fees if it prevails.
Fanell will cover AAA filing and arbitration fees for claims under $75,000 unless the arbitrator deems the claim frivolous.
If we change this “Dispute Resolution” section after you accepted the Terms, you may reject the change by sending written notice to legal@fanellabc.com within 30 days of the change. By rejecting, disputes will remain subject to the version of the Terms in effect when you first accepted them.
If any portion of this Arbitration Agreement is deemed unenforceable, the remaining provisions will remain in effect. Class or representative claims must be litigated in a civil court, and such litigation will be stayed pending arbitration of individual claims.
These Terms constitute the entire agreement between you and Fanell regarding the Services and Content, superseding all prior agreements. If any provision is deemed invalid or unenforceable, the remaining Terms will remain in full force.
You may not assign or transfer these Terms without Fanell’s written consent. Fanell may assign these Terms freely. Notices regarding modifications or other matters will be provided via email or posted on the Services.
Failure to enforce a provision will not be a waiver of rights. Waivers are valid only in writing.
If you have questions about these Terms or the Services, contact us at legal@fanellabc.com or write to:
Fanell Inc.
1950 W Corporate Way, Suite 16837
Anaheim, CA 92801, United States
Building Better Games Together