WE WELCOME YOU TO ENJOY UBERFAN!
EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND UBERFAN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. YOUR ELIGIBILITY
You represent that you are 13 years or older. Any use or access by anyone under the age of 13 is prohibited.
You may use the Services only if you can form a binding contract with UBERFAN and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You represent that all information you provide or provided to UBERFAN upon creating your account and at all times during our provision of the Services such information will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you are responsible for maintaining the confidentiality and safeguarding of the password you use to access the Services for any activities or actions under your password. UBERFAN encourages you to use “strong” passwords, using combinations such as upper and lower case letters, numbers and symbols. You agree to notify us if your password is lost, stolen or disclosed to an unauthorized third party, or otherwise may have been compromised.
With the exception of people or entities that are expressly authorized to create accounts on behalf of their employers or clients, UBERFAN prohibits the creation of and you agree not to create an account for anyone other than yourself. If you open an account on behalf of a company, organization or other entity, then: (i) “you” includes you and that entity, and (ii) you represent and warrant that you are authorized to do so and to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to the these Terms on the entity’s behalf.
You agree that you are responsible for your use of the Services, for any Content you submit, post, display or otherwise make available to the Services, for any activity that occurs through your account, and for any consequences thereof.
You agree that you are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that UBERFAN is not responsible or liable for the conduct of any user. UBERFAN reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You agree to exercise common sense and your best judgment when interacting with others, including when you post Content or any personal or other information on the Services.
As part of providing you the Services, UBERFAN may need to provide you with certain communications, such as service announcements and administrative messages. You agree that these communications are considered part of the Services and your UBERFAN account, which you may not be able to opt-out from receiving. UBERFAN reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if UBERFAN so chooses.
UBERFAN’s Services may be software that is downloaded to your computer, phone, tablet or other device. You agree that UBERFAN may automatically upgrade those Services, and these Terms will apply to such upgrades.
You agree not to sell, lease, rent, lend, license, sublicense, transfer, or assign or otherwise distribute your account, username, password, followers or any account rights to any third party. You understand and agree that you are solely responsible for all data charges you incur through your use of the Services, including, without limitation SMS.
2. PROHIBITED CONTENT
In effort to keep UBERFAN enjoyable and operable for all users, you agree NOT to post Content that:
- creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- violates, or encourages any conduct that violates local, state, national or international laws, rules or regulations;
- contains any information or content that is unlawful, hateful, violent, threatening, intimidating, harmful, abusive, racially or ethnically offensive, discriminatory, defamatory, infringing, invasive of personal privacy or publicity rights, tortious, harassing, bullying, humiliating to other people (publicly or otherwise), libelous, profane, nude, partially nude, sexually suggestive, pornographic, or otherwise objectionable;
- contains any private or confidential information or content including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, nonpublic phone numbers or non-public email addresses;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- infringes on any third party’s patent, copyright, trademark, trade secret or other proprietary or intellectual property rights, confidentiality rights, publicity rights, privacy rights, or other property or personal rights, or moral rights;
- contains any information or content that is confidential or that you do not have a right to make available under any law or under contractual or fiduciary relationship; or
- is fraudulent, false, misleading or deceptive.
This list is an example and is not intended to be complete or exclusive.
3. PROHIBITED ACTIVITIES
In effort to keep UBERFAN enjoyable and operable for all users, you agree NOT to engage in any of the following prohibited activities:
- use, display, mirror or frame the Services, any individual element with the Services, the UBERFAN name, trademark, logo or other proprietary information, or the layout and design of any page, without the express written consent of UBERFAN;
- use any meta tags or other hidden text or metadata utilizing a UBERFAN or UBERFAN trademark, logo, tagline, URL, or product name without UBERFAN’s express written consent;
- change, modify, adapt or alter the Services or change, modify or alter another software application (including, without limitation, mobile and web applications) so as to falsely imply that it is associated with the Services or UBERFAN;
- attempt to decipher, decompile, disassemble, reverse engineer or create derivative works of any of the software used to provide the Services;
- access or use the Services to: (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Services; or (iii) copy any ideas, features, functions or graphics of the Services;
- access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- attempt to probe, scan, or test the vulnerability of any UBERFAN system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by UBERFAN or any of our providers or any other third party (including another user) to protect the Services or Content;
- attempt to access, crawl, or search the Services or Content, or scrape, download, collect, cache or store Content from the Services, or otherwise use, upload content to, or create new accounts, bumps, comments, posts, reposts, referrals, or links in the Service through the use of any engine, software, technology, tool, agent, device or mechanism (including, without limitation, automated scripts, robots, spiders, crawlers, scrapers, data mining tools or the like) other than the software and/or search agents provided by UBERFAN or except as may be the result of standard search engine protocols or technologies used by a search engine with UBERFAN’s express consent;
- send any unsolicited, unauthorized spam, or otherwise duplicative comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- use the Services for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by UBERFAN, or in any manner not permitted by the Terms;
- use UBERFAN user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- attempt to burden, hinder, interfere with, disrupt, or destroy the integrity, operation and/or performance or any part of the Services or access of any user, host or network, including, without limitation, sending or transmitting any Trojan horses, worms, viruses, spyware, malware, overloading, flooding, spamming, mail-bombing, or any other code of a disruptive or destructive nature;
- attempt to cause nuisance, annoyance, or inconvenience, or otherwise restrict another user from using or enjoying the Services in any way;
- inject content or code or otherwise alter or interfere with the way any UBERFAN page is rendered or displayed in a user’s browser or device;
- solicit, collect, store, or use the sign in credentials of other UBERFAN users;
- collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- impersonate or misrepresent your affiliation with any person or entity, including UBERFAN;
- stalk users, or violate any applicable law, rule or regulation; or
- encourage, enable or facilitate any other individual or entity to engage or violate any of the prohibited activities included in these Terms or any other UBERFAN term or condition.
This list is an example and is not intended to be complete or exclusive.
4. YOUR PRIVACY
5. YOUR CONTENT
UBERFAN allows you to post content, including, without limitation, data, information, links, text, graphics, images, photos, videos, audio, music, files and other materials. Anything you post or otherwise make available on, to, through or by means of our Services is referred to as “Content.” You retain rights to, and are solely responsible for, any Content you post or display on, to, through or by means of the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, patent, copyright, trademark, trade secret or other proprietary or intellectual property rights, confidentiality rights, publicity rights, privacy rights, or other property or personal rights, or moral rights; (iii) you agree to pay for all royalties, fees, and any other compensation or monies owed by reason of Content you post on or through the Services; (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction. If your Content violates any of these Terms, you agree that you shall have legal responsibility for that Content. The Content you submit, post, display or otherwise make available will be able to be viewed by other users of the Services and through third party services, applications and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You acknowledge that the Internet may be subject to breaches of security and that the submission of your Content or other information may not be secure.
You grant UBERFAN and its users a worldwide, irrevocable, perpetual, non-exclusive, fully paid, royaltyfree, transferable license, with the right to sublicense, to process, use, publicly display, view, store, copy, reproduce, repost, bump, share, adapt, modify, create derivative works, publicly perform, publish, transmit, stream, broadcast, distribute, and license, transfer, sell and otherwise exploit Content you post, display or otherwise make available in any and all media or distribution methods (now known or later developed) on, to, through or by means of the Services. Nothing in these Terms shall restrict other legal rights UBERFAN may have to Content, for example under other licenses.
You agree that this license includes the right for UBERFAN to provide, promote, and improve the Services and make Content submitted on, to, through or by means the Services available to other companies, organizations or individuals who partner with UBERFAN 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 UBERFAN, or other companies, organizations or individuals who partner with UBERFAN, may be made with no compensation paid to you with respect to the Content you submit, post, transmit or otherwise make available on, to, through or by means of the Services.
UBERFAN 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.
You are responsible for your use of the Services, for any Content you provide, and for any consequence thereof, including the use of your Content by other users and our third party partners. You understand and agree that your Content may be syndicated, published, transmitted, streamed, broadcasted, distributed or otherwise made available by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. UBERFAN will not be responsible or liable for any use of your Content by UBERFAN 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, post, display or otherwise make available on, to, through and by means of the Services.
UBERFAN encourages you to maintain a backup of your own Content. UBERFAN is not a backup service and you agree that you will not rely on the Services for the purposes of Content backup or storage. UBERFAN will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
6. YOUR FEEDBACK
UBERFAN values hearing from its users, and is always interested in learning how it can improve the Services. If you choose to submit any feedback, comments, suggestions, enhancement requests, ideas, information, content or other materials (together, “Feedback”) regarding UBERFAN or the Services, you agree that Feedback is: (i) entirely voluntary; and (ii) UBERFAN is free to use Feedback as it sees fit for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any restriction or responsibility and without any liability, obligation or compensation of any kind to you. By accepting your submission, UBERFAN does not waive any right to use similar or related Feedback previously known to UBERFAN, or developed by its employees, or obtain from sources other than you. You acknowledge and agree that any Feedback will be the sole and exclusive property of UBERFAN and you hereby irrevocably assign to UBERFAN all of your right, title and interest in and to all Feedback.
7. YOUR LICENSE
Subject to these Terms, UBERFAN grants you a limited, worldwide, personal, non-commercial, royalty-free, non-exclusive, non-assignable, non-transferable, and revocable license to use the software that is provided to you by UBERFAN as part of the Services. You have no right to license or sublicense rights granted in this section. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by UBERFAN, in the manner permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by UBERFAN or its licensors, except for the licenses and rights expressly granted in these Terms.
8. APP STORE
With respect to any Services accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play, each an “App Store”), you acknowledge and agree that:
- these Terms are concluded between you and UBERFAN only, and not the App Store;
- UBERFAN, not the App Store, is solely responsible for the Services and content thereof;
- your use the Services must comply with the App Store’s Terms of Service or equivalent thereof;
- the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
- in-app purchases are purchased from and billed by an App Store, not UBERFAN. These purchases are subject to the terms and conditions of the App Store. UBERFAN does not have access to App Store accounts or transactions;
- in the event of any failure of the App Store to conform to any applicable warranty, you may notify the App Store, and the App Store will refund the purchase price for the Services to you (if applicable) and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Services. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of UBERFAN;
- the App Store is not responsible for addressing any claims of any third party relating to the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, UBERFAN will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
- the App Store, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Services, and that, upon your acceptance of the terms and conditions of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Services against you as a third party beneficiary thereof;
- without limiting any other terms and conditions of these Terms, you must comply with all applicable third party terms of service or agreement, or equivalent thereof, when using the Services.
9. THIRD PARTY INTERACTIONS
During use of the Services, you may enter into correspondence with, purchase products and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. There may be links from the Services, or from communications you receive from the Services, to third party websites, applications or features. There may be links to third party websites, applications or features in images, comments or posts within the Services. The Services include third party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third party website, application or feature, including, without limitation, applications that connect the Services or your profile on the Services with a third party website, application or feature. For example, the Services may include a feature that enables you to share Content from the Services or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third party service and you do so at your own risk. UBERFAN does not control any of these third party web or app services or features or any of their content.
You may choose, at your sole and absolute discretion and risk, to use applications that connect the Services or your profile on the Services with a third party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Services being shared, which may include your Content; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if UBERFAN has not yet itself provided such information; (iii) your use of an Application is at your own option and risk, and you will indemnify, defend and hold UBERFAN harmless from and against any and all claims arising from your activity related to the Application.
In order to provide the Services, the Services may include advertisements and promotions, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. In consideration for UBERFAN granting you access and use of the Services, you acknowledge and agree that UBERFAN and its third party providers and partners may place such advertising and promotions on the Services on, about or in connection with the display of Content or information from the Services whether submitted by you or others. You acknowledge that the Services may not always identify paid services, sponsored content, or commercial communications as such. The types and extent of advertising and promotions by UBERFAN on the Services are subject to change. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You expressly acknowledge and agree that UBERFAN and/or its licensors are in no way or in any event responsible or liable for any third party content, materials, features, goods, products or services. UBERFAN provides the Services to you pursuant to these Terms. You recognize, however, that certain third party providers of goods, products and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods, products or services, and UBERFAN disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
10. ACCOUNT DEACTIVATION
Except to the extent of any clauses intended to survive termination, these Terms will continue to apply until terminated by either you or UBERFAN as follows.
You may end your legal agreement with UBERFAN at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform UBERFAN when you stop using the Services. If you stop using the Services without deactivating your account, your account may be deactivated without prior notice, at our sole discretion, due to prolonged inactivity as determined in our sole discretion.
UBERFAN 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 a risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable; or (iv) we believe your account has been involved in any improper or fraudulent transactions or activity.
Following deactivation or termination of your account, or if you delete or remove any Content from UBERFAN, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes; further, UBERFAN and its users will retain and continue to process, use, publicly display, view, store, copy, reproduce, repost, bump, share, adapt, modify, create derivative works, publicly perform, publish, transmit, stream, broadcast, distribute and license, transfer, sell and otherwise exploit any Content you posted, displayed or otherwise made available in any and all media or distribution methods on, to, through or by means of the Services that other users have stored or shared through UBERFAN. If we terminate your access to the Services or you deactivate your account, then your Content will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your Content), but your Content may persist and appear within the Services.
Upon termination or deactivation of your account, all licenses and other rights granted to you in these Terms will immediately cease and the following sections shall continue to apply: 5, 6, 8, 9, 10, and 12-24.
Nothing in this section shall affect UBERFAN’s rights to change, limit or stop the provision of the Services without prior notice.
11. COPYRIGHT POLICY
UBERFAN 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, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a full name and 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 reasonable 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.
UBERFAN reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances and at our sole discretion, UBERFAN will also disable or 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:
ATTN: Copyright Agent
111 Washington Ave N, Suite 200
Minneapolis, MN 55401
12. UBERFAN RIGHTS
Agreement to these Terms does not constitute a sale and does not convey to you any rights of ownership in or related to UBERFAN or the Services, or any intellectual property rights owned by UBERFAN. All right, title and interest in and to the Services (including all modifications, adaptions, creations and derivative works resulting from your Content or otherwise created by UBERFAN) are and will remain the exclusive property of UBERFAN and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
The Services contain Content owned or licensed by UBERFAN (“UBERFAN Content”). UBERFAN Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and UBERFAN, UBERFAN owns and retains all rights in the UBERFAN Content and the Services. You agree that you will not remove, alter, obscure or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the UBERFAN Content. You agree that you will not copy, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, transmit, stream, broadcast, distribute, or otherwise make available or license, sell or otherwise exploit the UBERFAN Content.
Nothing in the Terms gives you a right to use the UBERFAN name or any of the UBERFAN trademarks, logos, tagline, domain names, product names and other distinctive features. The UBERFAN name, logo and tagline are trademarks of UBERFAN, and may not be copied, imitated or used, in whole or in part, without the prior written permission of UBERFAN, except in accordance with UBERFAN brand guidelines, available here (http:/.com/press). In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of UBERFAN, and may not be copied, imitated or used, in whole or in part, without prior written permission from UBERFAN.
UBERFAN reserves the right to force forfeiture of any username at any time, without notice and without liability or compensation, for any reason, including, without limitation, any copyright or trademark infringement, or for no reason.
UBERFAN reserves 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 UBERFAN, its users or the public.
UBERFAN reserves the right, but has no obligation, to remove, edit, modify, block, monitor, or permanently or temporarily terminate or suspend any user account, or stop providing all or any part of the Services to a user at any time, without notice and without liability, for any reason, including if, in UBERFAN’s sole discretion, a user violates any provision of its Prohibited Content or Prohibited Activities, the Terms, or for no reason.
UBERFAN reserves the right, but has no obligation, to remove, edit, modify, block or monitor any Content from the Services at any time, without notice and without liability, for any reason, including Content that UBERFAN believes, in its sole discretion, violate Prohibited Content or Prohibited Activities, or the Terms, or for no reason. Content removed from the Services may continue to be stored by UBERFAN, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
UBERFAN reserves the right to refuse access to and use of the Services to anyone, at any time, for any reason or for no reason.
13. DISCLAIMERS & CONDITIONS
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content, and you understand and agree that UBERFAN cannot take responsibility for any Content posted on the Services. UBERFAN does not have any obligation to prescreen, monitor, edit, or remove any Content on the Services. 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.
UBERFAN is not responsible for, and does not endorse, support, represent or guarantee the quality, suitability, completeness, truthfulness, accuracy, or reliability of any Content or communication posted via the Services nor does UBERFAN 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, Content that have been mislabeled or are otherwise deceptive. Under no circumstances will UBERFAN be liable in any way for any Content, including, without limitation, 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.
The Services that UBERFAN provides are always evolving and the form and nature of the Services that UBERFAN provides may change from time to time without prior notice to you. UBERFAN 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. UBERFAN also retain the right to create limits on access, use and storage on, to, through or by means of the Services at its sole discretion at any time and without prior notice to you.
Although it is UBERFAN’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of electronic communication links and/or equipment.
14. DISCLAIMERS OF WARRANTIES
THE SERVICES, INCLUDING, WITHOUT LIMITATION, UBERFAN CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER UBERFAN NOR ITS AFFILIATES AND SUBSIDIARIES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ATTORNEYS OR AGENTS (COLLECTIVELY, THE “UBERFAN PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES, GUARANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (i) THE SERVICES; (ii) THE UBERFAN CONTENT; (iii) USER CONTENT; OR (iv) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO UBERFAN OR VIA THE SERVICES. IN ADDITION, THE UBERFAN PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE UBERFAN PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES WILL BE TIMELY, RELIABLE, ERROR-FREE, UNINTERRUPTED, AVAILABLE OR SECURE; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SERVICES WILL BE SUITABLE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICES OR THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE UBERFAN PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES ARE TRUTHFUL, ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE UBERFAN PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE UBERFAN PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE UBERFAN 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE UBERFAN ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE UBERFAN 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: (i) THE SERVICES; (ii) UBERFAN CONTENT; (C) USER CONTENT; (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (v) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (vi) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE UBERFAN PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (vii) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (viii) 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 OR REVENUES, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE UBERFAN 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, INTERNET OR ELECTRONIC COMMUNICATION OR TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE), AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE UBERFAN 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 UBERFAN 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 UBERFAN’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATIONS OF ANY SERVICE, APPLICATION, WEBSITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE UBERFAN PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SERVICE, APPLICATION, WEBSITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE UBERFAN PARTIES.
BY ACCESSING THE SERVICES, 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.”
UBERFAN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE SAFETY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. UBERFAN IS NOT RESPONSIBLE FOR THE ACTIONS, CONDUCT, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, AND YOU RELEASE UBERFAN, OUR 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 ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE FULLEST EXTENT PERMITTED BY LAW.
You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at UBERFAN’s request), indemnify and hold the UBERFAN parties harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your violation or breach or alleged violation or breach of these Terms; (iii) your violation of any third party right, including, without limitation, patent, copyright, trademark, trade secret or other proprietary or intellectual property rights, confidentiality rights, publicity rights, privacy rights, or other property or personal rights, or moral rights; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by UBERFAN in the defense of any claim. UBERFAN reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of UBERFAN.
Except if you opt-out or for disputes relating to: (i) your or UBERFAN’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents; or (ii) violations of provisions included in these Terms of Services, including, without limitation, prohibited or unauthorized access to or use of the Services (“Excluded Disputes”), you agree that all disputes between you and UBERFAN (whether or not such dispute involves a third party) with regard to your relationship with UBERFAN, including, without limitation, disputes related to these Terms, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and UBERFAN hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor UBERFAN will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if UBERFAN is the party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either UBERFAN or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
You may opt out of this agreement to arbitrate. If you do so, neither you nor UBERFAN can require the other to participate in an arbitration proceeding. To opt out, you must notify UBERFAN in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
ATTN: Arbitration Opt Out
111 Washington Ave N Suite 200
Minneapolis, MN 55401
You must include your name and residence address, the email address you use for your UBERFAN account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with UBERFAN.
18. TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with UBERFAN must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
19. GOVERNING LAW & VENUE
These Terms of Service are governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you irrevocably agree to resolve any dispute you have with UBERFAN exclusively in a state or federal court located in Hennepin County, Minnesota, United States, and to submit to the personal jurisdiction of the courts located in Hennepin County, Minnesota, United States for the purpose of litigating all such disputes.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. UBERFAN’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. UBERFAN reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with UBERFAN.
20. TERRITORIAL RESTRICTIONS
The information provided with the Services is not intended for distribution to or use by any person or entity in any jurisdiction or county where such distribution or use would be contrary to law, rule or regulation or which would subject UBERFAN to any registration requirement with such jurisdiction or county. UBERFAN reserves the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any content, program, product, service or other feature that UBERFAN provides.
Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in under the control of, or a national resident of, any such country or on any such list.
21. ENTIRE AGREEMENT
22. TERMS FOR SPECIAL FEATURES
There may be events in which UBERFAN offer a special feature that has its own terms and conditions that apply in addition to these Terms. In such cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.
23. UPDATING OF TERMS
UBERFAN reserves the right, in its sole discretion, to change these Terms (“Updated Terms”) from time to time. Unless UBERFAN makes a change for legal or administrative reasons, UBERFAN will provide reasonable advance notice before the Updated Terms become effective. You agree that UBERFAN may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as UBERFAN may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms. You are responsible for regularly reviewing these Terms.
24. TERMS EFFECTIVE DATE
The effective date of these Terms is April 15, 2013. These Terms were written in English (U.S.). To the extent any translated version of these Terms conflicts with the English version, the English version controls.