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FANJOO TERMS OF SERVICE



Published: January 01, 2021

 

Welcome to Fanjoo!

 

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING FANJOO PLATFORM (“PLATFORM”) AND SERVICES ON IT. BY ACCESSING PLATFORM AND/OR CREATING AN ACCOUNT AND/OR USING SERVICES ON IT YOU WILL EXPRESS YOUR UNCONDITIONAL CONSENT WITH THESE TERMS AND AGREE TO ABIDE BY THESE TERMS IN THE LATEST VERSION.

SERVICES OF FANJOO

 

Fanjoo is a unique platform for streamers, influencers, pro gamers (“Streamer”) to interact with fans (“User”) accessing or using any of our services ("Services").

 

Our Platform allows Users searching for Streamers to connect for and deliver and pay for or receive payment for online and one-to-one esports interaction and knowledge sessions to Users. The Services include Platform and any Fanjoo related application (the “Software”), online video room, our online discussion forums and chat rooms, other services and features available through the Software.

 

The Services provide connection to Streamers who are willing to be engaged by Users. Each Streamer controls the content and all aspects of the Streamer’s interaction. Users are responsible for selecting the right Streamer for their needs. Each Streamer has the sole discretion to accept or decline or continue or discontinue a relationship with any User.



ACCOUNT

You will not be able to access certain parts and features of Platform or use Services unless you have become a registered Platform user. In order to become a registered user of Platform and Services, You have to establish an account in the manner required ("Account"), access to which you obtain solely. Registration is free of charge.

The subsequent access to the Platform shall be provided by using the information first inserted as provided for in the Privacy Policy of the Platform (“Registration Data”).

You may also be able to register an Account via social networks.

You agree to provide accurate and complete Registration Data, and You agree to update your Registration Data to keep it accurate and complete. Incomplete, ineligible or incomprehensible Account registrations will be deemed invalid.

Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and You agree to immediately notify the Platform of any security breach of your Account. Platform shall not be responsible for any losses arising out of the unauthorized use of your Account.

You agree that Platform may store and use the Registration Data You provide for use in maintaining and billing fees to your Account. Besides, the Registration Data may be used to identify you and communicate with You, including sending messages of any lawful nature and content, which you can reject at any time.

Only persons of the age of 16 years or older can create Accounts on Platform. Accounts for persons under 16 years old can be created by a parent or legal guardian. Children under the age of majority should review these Terms with their parent or guardian to ensure that the child and the parent or legal guardian understand it. We do not knowingly collect, use or disclose personal information from children under 16, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent.

Use of Platform, Services and access to the Platform content are subject to the present Terms, Privacy Policy of the Platform use (located at LINK) as well as to applicable laws. Terms and definitions used in Privacy Policy of the Platform shall be used in the same meaning herein.

PAYMENT

 

We proceed the payment though third parties – payment agents / systems / aggregators (jointly “Payment Agents”). The Payment Agents’ functionality processes various payment methods. All sensitive payment card and other payment method information is encrypted within system of appropriate Payment Agent You use to exercise payment in Company’s favor. Transactions usually take a few seconds to be processed. However, the security of any payments transmitted and processed via the Internet cannot be guaranteed. Any losses incurred or sustained by You as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by You. Any issues related to the processing of your payments via Payment Agents are subjects to your interrelations with Payment Agents, and Company bears no responsibility concerning those issues.

 

Fanjoo strives to ensure clear understanding of financial relations between Users and Streamers with respect to the Services provided. Fanjoo will not be liable for any tax or withholding, in connection with your use of Services or Users’ services. You understand and agree that if Fanjoo is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to Fanjoo an equivalent amount, including any interest or penalties thereon.




DIRECT INTERACTIONS

 

Fanjoo does not take part in direct interactions between Users and Streamers except when we consider it advisable:

 

  • to ensure compliance with these Terms;
  • to improve our Services; or
  • as stated in Payment section of these Terms.

 

Fanjoo does not have control over transactions between Users except as stated in Payment section of these Terms. Fanjoo does not control the content provided by Streamers, any reviews or ratings provided by Users, nor of the actions or omissions whatsoever of any User.

 

Users acknowledge and agree that Services are provided for the purpose of improving gaming skills and knowledge and entertainment.

 

Streamers’ Introduction Video and Profile Picture

 

Streamers grant Fanjoo the rights to use Streamer’s Introduction video and profile picture for marketing, advertising or promotional purposes. Fanjoo may publish Streamer’s Introduction videos and profile pictures to our official channels in third-party social media advertising system, video hosting and streaming services, such as Twitch, YouTube, Facebook or others, as to ensure accessibility and visibility to Fanjoo Users regardless of location.

 

You may always request to remove any Introduction videos published to our official channels in third-party social media, video hosting and streaming services by writing to [email protected].

 

INTELLECTUAL PROPERTY

 

You agree that Services, including but not limited to the algorithms, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Platform and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the Services or Platform may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Services or Platform in any manner, and You shall not exploit Services or Platform in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

 

Notwithstanding any other provision of these Terms, Platform reserves the right to change, suspend, remove, or disable access to any areas of the Platform, content, or other materials comprising a part of the Services at any time without notice. In no event Platform will be liable for making these changes. Platform may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.

 

All copyrights in and to Platform (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by the Platform or its licensors. The use of any part of the Services and related software, except for use of Services as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of others and may subject You to civil and criminal penalties, including possible monetary damages, for copyright infringement.

 

Fanjoo hereby grants to you, on the Terms set forth herein, a non- transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the Software solely for your non-commercial, personal use and subject to the policies and restrictions that we post on our Platform from time to time.

 

TERMINATION

 

Other than Streamers, we may terminate any User’s access to our Platform in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate in our sole discretion.

 

We may terminate a Streamer’s use of the Services (a) immediately for failure to comply with the Terms; (b) for other cause, including, but not limited to, sexual or other unwelcome harassment, threats or intimidation, fraud, falsification of documents or qualifications; or (c) upon 30 days’ advance written notice for any reason.

 

We may also delete, or ban access to or use of all related information and files. Fanjoo will not be liable to Users or any third-party for any modification, suspension, or termination of the Service, or loss of related information.

 

You may delete your account/profile at any time. In case you are not using your Fanjoo account or profile for more than 180 (one hundred eighty) days following the last payment (and held no lessons (no scheduled and no confirmed for the last 180) and/or received no payment), it will be considered expired and gets deactivated and your remaining balance will be expired. Any remaining balance will be irreversibly lost and nonrefundable.

 

CONFIDENTIALITY

 

You may obtain direct access via the use of the Services to certain confidential information of Fanjoo, its affiliates or Users, including but not limited to personally identifiable information, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence and not use the Confidential Information except for the purposes set forth in these Terms and not disclose such confidential information to any third party. All right, title and interest in the Confidential Information remains with Fanjoo, its affiliates and its Users.

No obligation is imposed upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Fanjoo, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Fanjoo adequate to afford Fanjoo the opportunity to object to the disclosure.

DISCLAIMER OF WARRANTY

Use of the Services is entirely at your own risk. Fanjoo disclaims all liability in connection with any interactions, correspondence, transactions, and other dealings that you have with any third parties, including without limitation Users or Streamers found on or through the Platform (including on or via linked websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, services, delivery of goods, warranties (including product warranties), privacy and data security, and the like. Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any content on this Platform. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Platform.

 

You acknowledge that the Platform and all Services, text, images, and other information on or accessible from this Platform are provided "as is" and are based in part on listings provided by Streamers, which are not verified by Fanjoo, and that any Streamer packages, listings or other content acquired through the use of the Platform is at your sole risk and discretion. Fanjoo and its affiliates and licensors are not liable or responsible for any results generated through the use of the Platform. We provide no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Fanjoo does not warrant that: (i) the information available on this Platform is free of errors; (ii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by this Platform will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) this Platform or the server(s) that makes it available are free of viruses or other harmful components. Neither Fanjoo nor its affiliates or licensors is responsible for the conduct, whether online or offline, between users.

LIMITATION OF LIABILITY

 

Disclaimer. In no event shall Fanjoo be liable to any user of this Platform or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the Platform or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.

 

Limitation. You agree Fanjoo’s total cumulative liability in connection with these Terms, the Platform, the Software, the Services, the Content, or any listing or services whether in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid in commissions to Fanjoo for the Services in the then- prior three months.

 

Waiver of Class Action. Any claims brought by you or Fanjoo must be brought in that party' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

 

EXCLUSIONS

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

 

INDEMNIFICATION

By using the Services, you agree to indemnify, hold harmless and defend Fanjoo and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Services, including but not limited to ( a) acts and/or omissions on or off the Platform; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Platform; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Platform, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party Platforms, including without limitation such Platforms' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third-party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Platform. You further agree that you will cooperate as requested by Fanjoo in the defense of such claims. Fanjoo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Fanjoo without the written consent of Fanjoo.

In the event that you have a dispute with one any User/s, you hereby release Fanjoo (and its officers, directors, agents, investors, subsidiaries, employees, contractors and any other third parties related to the Services) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown, arising out of or in any way related with such disputes.

If you are a California resident, you waive California Civil Code Section 1542, which says: “ A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

GOVERNING LAW

These Terms shall be governed by the laws of the Cyprus, excluding: the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980; provided, however, that to the fullest extent permissible under law the Federal Arbitration Act (9 U.S.C.§ 1 et seq.) shall govern Section 24 of these Terms (entitled Dispute Resolution).

NON-SOLICITATION

Without limitation, the Services may not be used to solicit for any other business, website, Platform or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through Fanjoo without express written permission from Fanjoo.

You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Fanjoo.

ENTIRE AGREEMENT. SEVERABILITY

These Terms, together with any amendments and any additional agreements you may enter into with Fanjoo in connection with the Services, shall constitute the entire agreement between you and Fanjoo concerning the Services. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

CONTACTS

For additional information and in case you have any questions about these Terms, please contact [email protected]