Welcome to the FanBeat Inc. (heretofore "FanBeat", "we", or "us") Terms of Service (the "Terms"). Please read these Terms carefully because they govern your use of the InGame mobile device applications (the "Apps") and the InGame web site (the "Site") at www.fanbeat.com. For simplicity purposes, the Apps, Site and other FanBeat services, inclusive of all content provided, will be collectively referred to in the Terms as the "Services".
By using or visiting our Services, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. If you do not agree to these Terms, do not use the Services.
These terms were last updated on August 20, 2015.
FanBeat reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you. Our Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising on the Services are also subject to change over time. In consideration for providing you the Services, you agree that we and our third party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services.
Subject to your compliance with these Terms, you have the right to download and install a copy of any Apps to your mobile device for your own personal use. With respect to each App you download, you may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Services; (iv) make the functionality of the App or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an "App Provider"). You acknowledge and agree that:
Apple and Google are not sponsors of FanBeat and are not involved in any way with the contests and sweepstakes.
User shall use Services for lawful purposes only. User shall not post or transmit through Services any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable in the opinion of FanBeat in its sole discretion; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless FanBeat shall have expressly approved such material in advance of its transmission. Any conduct by a User that in our discretion restricts or inhibits any other User from using or enjoying the Site and its services is expressly prohibited.
All content included in the Services, such as text, graphics, logos, icons, images, audio clips, and digital downloads, is the property of FanBeat or its content suppliers and protected by United States and international copyright laws. All software used on this Site is the property of FanBeat or its software suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of FanBeat and protected by U.S. and international copyright laws.
FanBeat is a free game for fans to play during live events such as sporting contests. The goal of the game is to correctly answer both questions to predict future events and historical trivia in order to earn points and compete against other fans playing the game.
FanBeat or third parties may offer prizes to fans who accumulate the most points during a single event (ex, game) or series of events (ex, a tournament or a season). These prizes will be explicitly presented in the Apps along with a link to Prize Details which provides more detail on the substance of the prizes and the fulfillment process for prize winners.
Where prizes are offered for accumulating points for a series of events, the number of available prizes will typically be limited and awarded to the first player(s) to reach the prize point threshold. These limitations will be spelled out both in the prize listing in the App and in the Prize Details. Users are responsible for identifying awarded prizes to determine availability of future prizes. The current status of awarded and available prizes is always viewable from the Prize Board link within the app.
In instances where players are tied at the conclusion of an event or reach a prize threshold on the same question with identical scores, ties will be broken by FanBeat through a random drawing and only a single prize will be awarded. This determination will be made exclusively by FanBeat and is not disputable by the affected Players.
FanBeat will notify prize winners by email within two (2) business days of the event. Notifications will be sent to the email address on record that was used to register for the App or is associated with the Facebook account used to register for the App. Instructions for how to claim the prize will be included in the email. Where possible FanBeat or FanBeat's partners will deliver prizes electronically or through the mail. Failure to respond to the email notification within seven (7) days will result in forfeiture of the prize. FanBeat cannot be held responsible for a prize winner's failure to receive an email notification because i) an incorrect email was used to register for the game, ii) the player's email address has changed, iii) the email was filtered by the player's email program or mail server, or iv) for any other reason that is outside of the direct control of FanBeat. Prize winners may contact FanBeat at firstname.lastname@example.org if they experience any problem in receiving the prize notification.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the game is challenged by any legal authority, FanBeat reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of FanBeat games, FanBeat is the sole judge and its actions are final and binding.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources..
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FanBeat, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that material you submitted through the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services and Content are provided "AS IS," without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Neither FanBeat nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FanBeat has been informed of the possibility of such damage, even if a limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms and Conditions shall be governed by the laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute that arises in whole or in part from the Site shall be resolved by binding arbitration in Atlanta, Georgia using the Commercial Dispute Resolution Procedures for Consumer-Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. Notwithstanding the foregoing, User and FanBeat agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a U.S. court or law or (iii) file suit in a court of law to address intellectual property infringement claims. To the extent that any lawsuit or court proceeding is permitted under these Terms and Conditions, User and FanBeat agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Fulton County, Georgia for the purpose of litigating all such disputes.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
You agree that these Terms constitute the entire and exclusive understanding and agreement between FanBeat and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FanBeat and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without FanBeat's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FanBeat may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by FanBeat under these Terms, including those regarding modifications to these Terms, will be given: by FanBeat (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
FanBeat's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FanBeat. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.