Terms of Service

TERMS OF USE

Date of Last Revision: June 17, 2022

Welcome.

The Terms of Use (these “Terms”) is a legal agreement between you and Fanlete, LLC, a Nebraska limited liability company (“FanWord” or “we” or “us”).  By accessing this website (“Site”) or using any product or service provided by FanWord (“Services”), you agree to be bound by these Terms of Use. Your use of the Site and/or Services are subject to your acceptance and compliance with these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. The Terms are subject to change at any time, with or without notice to you. Each time you access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.

Your use of the Services is also subject to our Privacy Policy and CCPA Privacy Policy, available on the Site and incorporated into these Terms by reference. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you have questions regarding these Terms, please contact us at [info@fanword.com].

This Site is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions.  By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Site.

Please note that although the Services may reference colleges, universities, and/or sports teams, neither we nor the Services are affiliated with or maintained, authorized, sponsored, or endorsed by any of the respective colleges, universities, or teams.

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

BY CLICKING THE “SIGN UP” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO THIS WEB ADDRESS.

2. REGISTRATION & ACCOUNT USE

 

• REGISTRATION

When you register for an account on the Site, you agree to (i) provide accurate, current and complete information about yourself as prompted by our registration form and (ii) maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, you will have materially breached these Terms, and we reserve the right to terminate this Agreement and your use of the Services. As part of the registration process, you may be asked to provide a username and password that are unique to the Account (collectively referred to as “Login Information”). You will be responsible for the confidentiality and use of your Login Information and agree that usernames and passwords will not be shared with any third parties. If you have reason to believe that your Account is no longer secure, you must immediately notify us of the problem. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy and/or our CCPA Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policies. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to our benefit. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your Account.

• OUR RIGHTS

WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER. You acknowledge and agree that we are not required to provide you notice before suspending or terminating your Account and/or your access to the Services.

We may change or discontinue any aspect, service, or feature of our Services at any time, including, but not limited to, content, availability, and equipment needed for access or use in our sole discretion and without notice to you.  We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

We may update the content on this Site from time to time.  However, the Site’s content is not necessarily complete or up-to-date at any given time, and we are under no obligation to update such material.

We may remove or refuse to post any User Contribution (as defined in Section 1.5) for any or no reason in our sole discretion. This includes taking any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability to the Company.

We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.  

• YOUR RIGHTS

You have the right to cancel your Account at any time. You understand and agree that, except as expressly provided by law and otherwise herein, the cancellation of your Account is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to or arising out of (i) this Agreement or our enforcement or application thereof, (ii) your ability to access and/or use the Services, or (iii) your own reliance on the Services provided.

1.4       PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

1.5          USER CONTRIBUTIONS

The Site may contain message boards, forums, personal web pages or profiles and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the content standards set out in this Terms of Use.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

1.6          CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Additionally, User Contributions must in their entirety comply with NCAA bylaws, athletic conference rules, institutional policies (including team specific policies), and/or the rules and policies of other similar organizations with oversight of intercollegiate athletics. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy / CCPA Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

3. GENERAL TERMS

 

• TERMINATION

This Agreement shall continue until you close your Account and, if applicable, uninstall our Applications in accordance with our standard procedures or until sooner terminated according to these Terms, but shall nevertheless continue in full force and effect for as long as you continue to access the Site.

• INDEMNIFICATION

You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from your information, use of the Services, or your breach of this Agreement. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against any Indemnitee provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.

• ELECTRONIC NOTICES AND DISCLOSURES

You agree that we may provide all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship electronically through your Account or other electronic means. By using electronic disclosure, all pertinent delivery fees are waived as charged to you by third parties, including, but not limited to, text rates, bills, and surcharges.

We may give you notices by posting on the Site or by sending them to your Account or to the email address on file for you. It is your responsibility to ensure that your email address and other contact information is updated, current, and correct. All notices to us shall be sent via email (info@fanword.com) or recognized overnight courier or certified mail, return receipt requested, to Fanlete, LLC, 1711 NW 51^st Street, 68528, Lincoln, Nebraska.

• WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

ANY CONTENT PROVIDED, OR MADE AVAILABLE, BY FANWORD IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, TAX, FINANCIAL, OR OTHER ADVICE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR AY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. ANY LEGAL RESOURCES PROVIDED ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE APPLICABLE IN ALL JURISDICTIONS. ANY TAX CALCULATIONS PROVIDED ARE AVAILABLE FOR GENERAL INFORMATIONAL PURPOSES ONLY. INDIVIDUAL CIRCUMSTANCES MAY DIFFER WHICH CAN AFFECT THE APPLICATION AND EFFECT OF FEDERAL, STATE, LOCAL, NON-UNITED STATES AND OTHER TAX LAW.  NOTHING CONTAINED WITHIN THIS APPLICATION CONSTITUTES A SOLICITATION, RECOMMENDATION, ENDORSEMENT, OR OFFER BY FANWORD OF ANY THIRD PARTY SERVICE PROVIDER TO BUY OR SELL ANY SECURITIES OR OTHER FINANCIAL ISNTRUMENTS IN THIS OR IN ANY OTHER JURISDICTION IN WHICH SUCH SOLICITATION OR OFFER WOULD BE UNLAWFUL UNDER THE SECURITIES LAWS OF SUCH JURISDICTION. ALL LEGAL AND TAX QUESTIONS SHOULD BE DIRECTED TO A QUALIFIED PROFESSIONAL.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

• LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR DIVISIONS, SUBSIDIARIES AND AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SERVICES; (ii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES; (IV) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (v) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO YOUR USE OF THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM.

• INTELLECTUAL PROPERTY

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, its licensors, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to take any action that may infringe on our, our licensors, or other IP owners’ intellectual property rights. Specifically, you agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any of the Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [info@fanword.com]

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us.  Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the terms “Fanlete” and “Fanword”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or our affiliates or licensors. You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

If you believe that any User Contributions violate your copyright, please provide written notice to [info@fanword.com].  It is the policy of the Company to terminate the user accounts of repeat infringers.  The notice must comply with all of the requirements of Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) or your notice may not be effective.  The written notice must include substantially the following information:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

2.7.      LINKS FROM THE WEBSITE

The Site contains links to other sites and resources provided by third parties.  These links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links to third party services associated with student-athlete profiles.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.   

2.8          THIRD PARTY TERMS OF USE

You agree that you must abide by the terms of use of any third-party web site or software utilized or linked to in this Site, and that you are solely responsible for reviewing their respective terms of use to ensure compliance.

• WordPress: https://wordpress.com/tos/

2.9       GOVERNING LAW

These Terms of Use shall be governed by the laws of the State of Nebraska without giving effect to conflicts of law principles. Any dispute referring or relating to the Terms of Use or between the parties shall be governed by the laws of the State of Nebraska, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Douglas County, Nebraska. Any claim against us arising from these Terms of Use shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

2.10     MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement, together with any other documents or agreements referred to herein, sets forth the entire Agreement between you and us.

YOUR COMMENTS AND CONCERNS

Any feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [info@fanword.com]