Terms & Conditions/
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FANTASY FINDR LLC. BEFORE USING ANY FANTASY FINDR LLC SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE FANTASY FINDR LLC SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE FANTASY FINDR LLC SERVICES IMMEDIATELY.
1. Eligibility - ADULTS ONLY:
By downloading and using the App, you represent and warrant that: You are a legally recognized adult; You have not been banned from utilizing the App; You are not required to register as a sex offender with any government entity; You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; You are not a BOT and/or computer software with the intent to lure and/or deceive users of the App.
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the App. This Agreement includes terms disclosed and agreed to by you if you download and utilize the App, such as country/state-specific terms and terms governing App-specific features. By downloading and using the App, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. This Agreement may be modified by Fantasy FINDR LLC (“The Company”) periodically, such modifications to be effective upon posting by the Company on the App. By using the App, you consent to receive this Agreement in electronic form. To withdraw this consent, you must cease using and delete the App immediately.
3. User Profiles
A user’s profile may remain posted on the App even if that user is not actively using the App and/or has deleted the App from their phone. Users may not upload any public photo containing any illegal, explicit, and/or harassing content including, but not limited to, racist images/depictions, nudity or pornographic material, firearms/weapons, drugs/drug paraphernalia, including any symbols and/or emoji(s).
4. End-User Licenses
I. Mobile Device. To use the App, you must have a mobile device that is compatible with the Knections by Fantasy FINDR LLC application. Fantasy FINDR LLC does not warrant that the App will be compatible with your mobile device.
II. License Grant. Subject to the terms of this Agreement, Fantasy FINDR LLC hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one account on one mobile device owned or leased solely by you, for your personal, non-commercial use.
A. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the App to any third party or use the App to provide time-sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.
B. Software Upgrades. You acknowledge that Fantasy FINDR LLC may, from time to time, issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Fantasy FINDR LLC will not be liable to you for any such modifications.
C. Open Source. With respect to any open source or third-party code that may be incorporated in the App, such open-source code is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. Nothing in this Agreement limits your rights under or grants you rights that supersede the terms and conditions of any applicable end user license for such open-source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open-source software that is subject to the terms of the GNU General Public License.
III. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the App or any copy thereof, and Fantasy FINDR LLC or its third-party partners or suppliers retain all right title and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Fantasy FINDR LLC reserves all rights not expressly granted under this Agreement.
IV. Trademarks, Service Marks, and Logos. The name of this web site is a service mark of Fantasy FINDR LLC. No use of this mark shall be permitted except through the prior written authorization and permission of Fantasy FINDR LLC. All rights reserved.
V. Government End Users. If Fantasy FINDR LLC is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication or disclosure of the App by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS (a) and (a) (1995), DFARS (c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR , or FAR (ALT III), as applicable.
VI. Export Control. Fantasy FINDR LLC originates in the United States and is subject to United States export laws and regulations. Fantasy FINDR LLC may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, Fantasy FINDR LLC may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of Fantasy FINDR LLC and the App Software.
VII. App Stores. You acknowledge and agree that the availability of the App Software is dependent on the third party from which you received the App Software, e.g., the Android Market, The Amazon Store, or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and Fantasy FINDR LLC and not with the App Store. Each App Store may have its terms and conditions to which you must agree before downloading the App Software from it. You agree to comply with, and your license to use the App is conditioned upon Your compliance with all applicable terms and conditions of the applicable App Store.
5. VIOLATIONS; TERMINATION
BE ADVISED THAT FANTASY FINDR LLC WILL RESERVES ALL RIGHTS TO MONITOR AND REMOVE ANY CONTENT POSTED PUBLICLY AND PRIVATELY, AND WILL NOT TOLERATE ANY ABUSIVE USERS OR OBJECTIONABLE CONTENT AND ACTIVITIES INCLUDED BUT NOT LIMITED TO THOSE OUTLINED IN SECTIONS 9 AND 10 OF THIS AGREEMENT.
You agree that if Fantasy FINDR LLC believes in good faith belief that you have violated any of the terms and conditions of this Agreement, it may terminate any account you have with the App or your use of the App or any portion thereof, and remove and discard all or any part of your account or any User Submission, at any time with no refund of any portion of the download fee as stated below. You agree that any termination of your access to the App or any account you may have or portion thereof may be effected without prior notice, and you agree that Fantasy FINDR LLC will not be liable to you or any third-party for any such termination. Fantasy FINDR LLC does not permit copyright infringing activities on the App and reserves the right to terminate access to the App and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your use of the App and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the App may have at law or in equity. This Agreement will remain in full force and effect while you are using the App. You may terminate your use at any time, for any reason, by deleting the App. In no event will you be eligible for a refund of any portion of the download fee paid whether you delete the App voluntarily, you are banned by the Company from using the App, or the App does not meet your expectations. The Company may terminate or suspend your use of the App at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will NOT be entitled to any refund of any portion of the download fee. The Company is not required to disclose and may be prohibited by law from disclosing the reason for the termination or suspension of your use of the App. After your use of the App is terminated for any reason, all terms of this Agreement survive such termination and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
6. Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.
The Company is not responsible for the conduct of any user. As noted in and without limiting Section 10 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the App including, but NOT limited to death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the App. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the App or meet in person. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the App. You should not provide your financial information (for example, your credit card or bank account information) or wire or otherwise send money to other users.
7. Non-commercial Use by Members
The App is for personal use only. Users may not use the App in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company or soliciting others to attend parties or other social functions, or networking, for commercial purposes. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, including but not limited to collecting email addresses and/or phone numbers of members by electronic or other means for the purpose of sending unsolicited emails, texts or phone calls and unauthorized framing of or linking to the App.
8. Proprietary Rights
The Company owns and retains all proprietary rights in the App, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The App contains the copyrighted material, trademarks, and additional proprietary information of the Company and its licensors. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the App, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree not to remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
9. User Content & Information
Responsibility for User Content. You are solely responsible for the content and information that you publish, record, display or otherwise make available on the App to other users, including photographs or profile text or statistics, whether publicly posted or privately transmitted. You may not post on the App or transmit to any other user (either on or off the App), any offensive, inaccurate, abusive, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE APP AND USE IT AT YOUR OWN RISK. Accuracy of Information. You represent and warrant that all information that you submit upon download is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false. You understand and agree that the Company may monitor or review any Content you post on the App. The Company may delete any content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the App or the Company. Prohibited Content. Prohibited Content includes, without limitation, User Content that is: profane, defamatory, abusive, offensive, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent, or illegal. The following is a partial list of the kind of Content that is prohibited on the App: Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; advocates harassment or intimidation of another person; requests money from, or is intended to defraud otherwise, other users of the App; promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable; contains photographs, or images of another person without his or her permission; provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone who is not recognized as a legally recognized adult, or contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; solicits personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission. The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the App and terminating or suspending the use of the app of such violators.
When you use the App, we will collect your location to determine your distance from other users (“Distance Information”) through the GPS, Wi-Fi, and/or cellular technology in your device unless you configure your device operating system settings to prevent our collection of location information. Your last known location may be stored for the purpose of calculating distance information between you and other users.
The App is designed to allow users to share Distance Information. As a result, Distance Information is public, and other users of the App can see your Distance Information (including how many feet or meters you are from them). App users can use the search feature in the App to search for other users by distance or in a particular geographic vicinity. Your Distance Information will be used for these searches.
A. Profile Information. We collect information that you voluntarily provide, such as your age, height, weight, body type, ethnicity, geo-location data, and any other information that you add to your profile on the App or that is generated through your use of the App Services.
B. Shared Text, Photos, Videos, and Location. The App allows you to share text messages, photos, videos, and your location with other users, and if you choose to share your text messages, photos, videos, and location, such items may be retained and stored on our servers as necessary under applicable law. In addition, if you choose to share these items with other App users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending text messages, photos, videos, or your location through the App is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). Fantasy FINDR LLC is not responsible for any use or misuse of the information you share.
C. Device identifiers. When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by the App.
10. Prohibited Activities
The Company reserves the right to investigate and/or terminate your use of the App if you have misused the App or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the App but involve users you meet through the App. The following is a partial list of the type of actions that you may not engage in and are strictly prohibited with respect to your use of the App.
You will NOT: engage in any actions or chat related to Human Trafficking/Prostitution anywhere using any feature of the App including but not limited to, chat, photos (both public and private), and any profile information; engage in any actions or chat related to illegal substances (including but not limited to drugs); impersonate any person or entity; solicit money from any users; post any Content that is prohibited by Section 9; "stalk" or otherwise harass any person; express or imply that any statements you make are endorsed by the Company without our specific prior written consent; ask or use users to conceal the identity, source, or destination of any illegally gained money or products; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents; collect email address or phone numbers of members by electronic or other means for the purpose of sending unsolicited emails or phone calls framing of or linking to the App; interfere with or disrupt the App or the servers or networks connected to the App; email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App (either directly or indirectly through use of third party software); "frame" or "mirror" any part of the App, without the Company's prior written authorization; use meta tags or code or other devices containing any reference to the Company, the App or any trademark, trade name, service mark, logo or slogan of the Company to direct any person to any other App for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App or software used on or for the App, or cause others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the App other than solely in connection with your use of the App in accordance with this Agreement.
11. Customer Service
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (via email), you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Emails between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to a refund of any portion of the download fee.
12. Modifications to Service
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App. To protect the integrity of the App, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the App.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of any incorrect or inaccurate Content posted on the App or provided in connection with the App, whether caused by users or any of the equipment or programming associated with or utilized in the App; the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; the conduct, whether online or offline, of any user; any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user communications; or any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any App or combination thereof, including injury or damage to users’ or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the App.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE APP ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE APP WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE APP.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on the App. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.
THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE APP, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE APP. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APP, OR TRANSMITTED TO OR BY ANY USERS.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the App is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the App. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Please note that; The app can be downloaded on the Apple App Store, The Amazon Store or Google Play Store
15. Governing Law
This agreement shall be governed by and construed in accordance with the laws of State of Delaware, USA without giving effect to any principles of conflicts of law. Jurisdiction: You agree that any action at law or in equity arising out of or relating to this agreement or the Company shall be filed only in the state or federal courts having jurisdiction over the State of Delaware, and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this agreement shall prevent the Company from seeking injunctive relief in a court of competent jurisdiction.Informal Resolution. If You have any dispute with Us, you and Fantasy FINDR LLC agree that before taking any formal action, You will contact Us at , provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which Fantasy FINDR LLC will attempt to reach an amicable resolution of any issue with you. You and We agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or preempted by federal law) the laws of the State of Delaware, USA, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the App.
Our Arbitration. You and We agree that this Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). You and We agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and We agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. You and We agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The Arbitrator’s Award to You or Us. You and We agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same user of the App to the extent required by applicable law. You and We agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), FOR EXAMPLE YOUR CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions To Our Agreement To Arbitrate Disputes. There are only two exceptions to this agreement to arbitrate:
First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
Who Bears the Costs of Arbitration. You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Fantasy FINDR LLC prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between You and Fantasy FINDR LLC. If You do not agree to these amended terms, You may close Your account within thirty (30) days of the posting or notification and You will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless You and We agree otherwise and except, in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you are an international user to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Fantasy FINDR LLC must be resolved exclusively by a state or federal court located in Delaware USA. You and Fantasy FINDR LLC agree to submit to the exclusive personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW USER OF THE APP, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO . THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER OF THE APP, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Arbitration Opt-Out Procedure. In order to opt-out, You must email Your name, address (including street address, city, state, and zip code), email address(es) associated with Your Account(s) to which the opt-out applies, and an unaltered digital image of Your valid driver’s license to: . This procedure is the only way You can opt out of the agreement to arbitrate. If You opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section will continue to apply to You. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with Us.
YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT.
STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
We Have No Obligation to Retain any Record of Your Account. Fantasy FINDR LLC has no obligation to retain a record of Your account or any data or information that You may have stored including chat for your convenience by means of your account. The App is not intended for data storage. You are solely responsible for backing up your data including chat.
For marketing purposes, we utilize Facebook SDK and Kochava to accurately track and measure the actions users take in the App.
18. Purchases & Automatically Renewing Subscriptions
(a) General. You will have the opportunity to purchase subscriber-level access that unlocks premium features and enhancements of the App (a “Subscription”). If you purchase a Subscription, it will automatically renew—and you will be charged—until you cancel.
Fantasy FINDR LLC does not receive or process payments or credit card information directly. You may purchase Paid Services through an App Store such as Google Play account and/or Apple iTunes account (a “Third Party Account”). If you purchase a Subscription, you authorize Fantasy FINDR LLC to collect currently the iTunes unique transaction IDs and receipts data. If you purchase a Subscription through the Third Party Account, the Subscription Fees for these Paid Services will appear through your Third Party Account. Please note that Fantasy FINDR LLC does not control Third Party Account terms and conditions so please review these carefully.
(b) AUTOMATIC RENEWAL OF SUBSCRIPTIONS. When you pay for a subscription through a Third Party Account and you do not cancel your subscription prior to the end of the subscription term, your subscription for the Services will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your Fantasy FINDR LLC Account will be subject to this automatic renewal feature. You acknowledge and agree that your Third Party Account will be automatically charged for such subscription fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges through a Third Party Account based on this automatic renewal feature without further authorization from you and without further notice except as required by law.
(c) CANCELLATION OF SUBSCRIPTIONS. When you purchase a subscription through a Third Party Account, you will need to cancel your subscription through that third party, an App Store, not Fantasy FINDR LLC and in accordance with that third party's terms and conditions. Cancellations are effective the following billing period in which payment is due. If you cancel your subscription your subscription benefits will continue until the end of your then current subscription term, but your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then current subscription term.
19. Free Trials
From time to time, we may offer free trials (a “Trial”). As an example, we may offer a free Subscription to the App for a certain period of time. You must cancel your subscription (in accordance with Section 18) before the end of the Trial period in order to avoid being automatically charged for Subscription Fees.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App are solely between You and such advertiser. You agree that Fantasy FINDR LLC will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the App.
Parties other than Fantasy FINDR LLC may provide services or sell products via the App. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Fantasy FINDR LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties’ privacy statements and other terms and conditions of use. By Your use of third-party applications that connect with the App (“Third-Party Applications”), You acknowledge and agree that Fantasy FINDR LLC may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. Fantasy FINDR LLC is not responsible for the transmission of the User Content from the App to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. Fantasy FINDR LLC is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. Fantasy FINDR LLC also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications.
You acknowledge and agree that Fantasy FINDR LLC may incorporate Your User Content and location information for User Accounts from the App with third-party information sources and third-party applications in the provisioning of the App.
Effective Date: The earlier of December 8, 2019, or user acceptance.