These Terms of Service ("Terms of Service" or "Terms") govern access to and use of Fan Photo Express LLC ("FanPix") products and services, including those offered through Fan Photo Express LLC ("FanPix") websites, networks, mobile applications, or other services provided.
PLEASE NOTE: These terms include a binding arbitration provision and class action waiver. By agreeing to these Terms of Service, you agree that all claims against Company will be resolved by binding, individual arbitration and waive your right to bring or participate in any class, group, or representative action or proceeding except as stated below.
"You" and "your" refer to the user of the Service.
"We," "us," and "our" and "Company" refer to Fan Photo Express LLC ("FanPix") and its affiliates and subsidiaries.
refers to Company's website https://fanpixappmex.crd.co/, mobile applications and its matching and related services for individuals who are seeking autographs, photographs and related materials, and professional athletes who seek to advertise and provide such materials.
refers to your credentials and associated rights to access and utilize the Service.
refers to text, images, photos, audio, video, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and all other forms of data or communication whether provided by you, Company, or a third party.
Company may revise and update these Terms of Service without notice, including adding and deleting terms. All changes are effective immediately upon posting on Company's website. If you do not agree to the revised terms, your recourse is to stop using the Service and/or close your account. Continued use of the Service following a change to the Terms of Service indicates your acknowledgement and your agreement to be bound by the revised Terms of Service.
Company reserves the right to modify, suspend, or terminate, temporarily or permanently, the Service or any feature or component of the service, in whole or part, to any individual, group, or everyone, for any reason at Company's sole discretion.
These terms of service, and all claims arising out or relating to these terms, will be governed by the law of Delaware, without regard to its conflicts of law principles.
You may not use the Service if Company has previously suspended or removed you from the Service.
By using the Service, you represent:
If you are an individual, that you are at least 18 years of age;
If you are company or organization, that the person creating the account has the authority to act on behalf of that entity, and that such entity accepts these terms;
You have not been previously suspended or removed from the Service; and
Your registration and your use of the Service does and will comply with all applicable laws and regulations and the policies and guidelines of any applicable venues or third parties.
Fan Photo Express LLC (“FanPix”) respects your privacy. Please review our Privacy Policy, which explains how we collect, use, and safeguard the information you provide to us.
By providing your mobile phone number and opting in through our website, mobile application, or any other method, you consent to receive recurring text messages (SMS and MMS) from FanPix related to your account, transactions, promotional offers, and other service-related communications.
Except for portions of the Service which Company allows users to access without registration, you must establish an Account with Company to use the Service.
You agree to provide accurate, current, and complete information about yourself and to use the account management tools to keep such information accurate, current, and complete.
You also agree to keep your password confidential. You should not reuse your account password for the Service for other applications or services. You also acknowledge that your account belongs only to you and agree not to provide any person other than you (if an individual) or not acting as your agent (if a company or organization) with access to this Service or portions of it using your username, password or other security information. You are responsible for maintaining the security of your account and password, and you are responsible for all actions taken with your account.
You may deactivate your User Account and end your registration at any time, for any reason, by sending an email request to admin@fanpix.live with the subject line "Account Deactivation" from the email address associated with your account.
Company may suspend or terminate your Account for any reason at any time.
Subject to strict compliance with these Terms of Service and applicable law, Company grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Service, and to download and use any mobile application on your mobile device, for your own personal, non-commercial purposes or other purposes expressly authorized in writing by Company. All rights not expressly granted are reserved by Company and its licensors and other third parties.
By accessing or using the Service, you consent to accept and receive communications from Company through the Service or by other means such as e-mail, push notifications, text messages (including SMS and MMS), and phone calls at the addresses you provide to the Company. These communications may promote Company or customers or affiliates of Company and may be initiated by Company, customers, affiliates, and/or other users of the Service. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your carrier for certain communications such as SMS messages or phone calls.
You agree that you will not, and you will not attempt to:
Copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, or use the Service and/or information provided therein to create a derivative work;
Decompile, disassemble, and/or reverse engineer any portion of the Service, including any included third-party content or services;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Distribute viruses or other harmful computer code through the Service or through any third-party content or service;
Use the Service to send or facilitate the sending of mass unsolicited data packets, SMS texts, e-mails, or other traffic, such as distributed denial of service (DDoS) or "spam" communication efforts;
Use or access for the benefit of an entity subject to economic sanctions in the United States, Mexico or any other relevant jurisdictions;
Use or grant access that would violate the import or export laws of the United States, Mexico or any other relevant jurisdictions;
Use the Service to violate any local, state, or national law;
Use the Service in any way that harms Company, its service providers, suppliers, affiliates, or any other user of the Service;
Harvest any information from the Service;
Take any action that, at Company's sole discretion, is deemed to impose an unreasonable or disproportionately large load on Company's infrastructure or otherwise make excessive traffic demands of the Service;
Conduct automated queries or other automated activity with the purpose of obtaining information from the Service;
Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service;
Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Deny access or use of the service to any user other than yourself;
Commit, incite, or threaten an act of violence through the Service;
Defame another through the Service;
Violate the privacy of another through the Service;
Engage in conduct that Company, at its discretion, finds vulgar, obscene, offensive, inappropriate or harassing; or
Otherwise use the Service in any manner that exceeds the scope of use granted above.
You agree to pay all fees or charges incurred by your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Unless otherwise specified, all fees, charges and payments are in United States dollars and any applicable sales or other taxes are additional to the stated fee.
We offer through Stripe, Inc., ("Stripe"), a third party, a service that facilitates payment for the Services via credit card or debit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, if you use the payment service, you also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe. We assume no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Service.
Company's Service may provide access to outside content. Additionally, the Service may include third-party applications, products, or services. Company may also offer Service through other third-party services.
Your use of third-party content and services, whether on the Service or elsewhere, is subject to all terms, conditions, practices, and policies set forth by those services and are at your own risk. Company makes no representations or warranties with respect to third-party applications, products, or services, or how they operate, including operations including the privacy, security, exchange, and transmission of your data. Company does not endorse nor holds responsibility for information, practices, and policies of third-party content and services.
As Company is distinct from any third-party content or services with whom Company partners for the Service, or to which Company otherwise links to, you acknowledge and agree that Company is not responsible for the quality, integrity, safety, accuracy, availability, reliability, or legality of such third-party websites, or resources contained therein, and that Company is not responsible or liable for any content, advertising, products, or other material available from such third-party content or services. Further, you acknowledge that Company shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by or in connection with the use of or reliance upon any content, material, or services available through any third-party content or services.
You and Company recognize that a bona fide dispute as to any matters arising out of or relating to these terms (including their validity, amendment, waiver or termination, and the consequences thereof) (a "Dispute") may from time to time arise.
In the event of the occurrence of such a Dispute, you or we may, by notice to the other party by e-mail or certified mail, have such Dispute referred for attempted resolution by good faith negotiations between you and our representative by phone or videoconference to be completed within thirty (30) days after such notice is received ("Negotiation Period"). The Negotiation Period may be extended only by written consent of the parties.
In the event that an agreement is not reached during the Negotiation Period, you or we agree that any Dispute shall be adjudicated exclusively by binding arbitration. You or we may initiate such arbitration by written notice; you may serve us by mail at 2140 S Dupont Hwy Camden, DE 19334, and we may serve you by e-mail at the e-mail address you provided to us as part of your account registration.
General Arbitration Procedures
Unless the Parties agree on a different set of arbitration rules, the arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq., and conducted in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules.
If an in-person hearing is to be held and you and we do not agree to the locale where the hearing is to be held, the AAA initially will determine the locale of the arbitration. If a party does not agree with the AAA's decision, that party can ask the arbitrator, once appointed, to make a final determination. Disputes may be resolved by submission of documents alone without in-person or telephonic hearings. For cases being decided by the submission of documents only, the AAA's rules for document-only arbitrations shall apply. Arbitrations will be document-only where no disclosed claims or counterclaims exceed $10,000.00 unless any party requests an in-person or telephonic hearing or the arbitrator decides that a hearing is necessary.
Any dispute regarding arbitrability of the Dispute or of this agreement to arbitrate shall be decided by the arbitrator.
Payment of all filing, case-management, administrative, hearing, and arbitrator fees will be governed by the AAA's rules and fee schedules, unless otherwise stated in these Terms of Service.
The arbitrator shall base their decision on these Terms, as interpreted under the governing law set forth in Section IV. The decision of the arbitrator shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered by any court of competent jurisdiction. The decision of the arbitrator shall be in the form of a written decision rendered within thirty (30) days after the conclusion of the arbitration hearing, such written decision to include the findings of fact and conclusions of law upon which it is based. The arbitrator shall be empowered to grant any award in law or equity including, but not limited to, monetary damages (which shall be limited to compensatory damages only), injunctive relief, including temporary restraining orders prior to rendering a final judgment, and reasonable attorneys' fees.
Other than as provided below, no arbitration or litigation shall be commenced between you and Company prior to or during the Negotiation Period, except for equitable remedies such as injunctive relief or specific performance.
The agreement to arbitrate contained in this Section IX shall continue in full force and effect despite the expiration or termination of this agreement.
You and Company each retain the rights to:
Have any claims resolved in small claims court on an individual basis within the scope of such court's jurisdiction; or
Bring an action in state or federal court to protect intellectual property rights such as copyrights, patents, moral rights, trademarks, trade secrets, and other confidential or proprietary information, but not privacy or publicity rights.
You and Company agree that, to the extent allowed by law, claims may only be brought against the other on an individual basis, and not on a class, representative, or collective basis. Each party may only seek or obtain individualized relief, and except as provided in "Batch Arbitration" below, disputes between the parties cannot be arbitrated or consolidated with those of any other person.
In the event that, in a ninety-day period, 25 or more similar arbitration demands (demands with the same or substantially similar facts or claims and seeking the same or substantially similar relief) are submitted by parties represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 20 claimants each.
Upon notice of either party, the AAA shall group the claimants into batches of 20 size, with a smaller final batch of remaining claimants if the number of claimants is greater than 20. All the claims in each batch shall be resolved as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of arbitration fees, and one hearing (if any) per batch, and one final award, provided the parties agree to cooperate in good faith to establish a process to establish individual issues.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. BOTH THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
The Company is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any Communication caused by the user, the Company, or a third-party. The Company is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person's computer related to or resulting from using our Site or the Services. Under no circumstances will the Company or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, or any content posted on or transmitted from the Site or relayed through the Services provided. The Company does not guarantee or promise any specific results from your use of the Site or the Services.
THE SERVICE IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE."
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES.
YOU RELEASE THE COMPANY AND HOLD IT AND ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS, AND PROVIDERS, AND ANY THIRD-PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE WEBSITE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, ITS AFFILIATES, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.
The Terms contain the entire agreement between you and Us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
The failure of Company to enforce any right or provision of these Terms of Service does not constitute a waiver of future enforcement of any right or provision. If, for any reason, a court of competent jurisdiction or an arbitrator finds any portion of a provision of these Terms of Service unenforceable or invalid, that provision will otherwise be enforced to the maximum extent permissible. All other provisions of these Terms of Service will remain in full force and effect.
If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations under them, are not assignable, transferable or sublicensable by you except with Company's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Company as a result of these Terms or your use of the Service.