© 2020 Fad Mania, Inc.

Terms of Service

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED

BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO

ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN

ANY MANNER. Effective date: June 1st, 2019

Welcome to Fad Mania!

Please read on to learn the rules and restrictions that govern your use of each of the

applications (the “App”), website(s) (including https://www.fadmania.com, the

“Website”), products and services (collectively with the App and Website, the

“Services”) operated by Fad Manina, Inc. (“Fad Mania”, “we”, “us” and “our”). If you

have any questions, comments, or concerns regarding these Terms of Service or the

Services generally, please contact us at support@fadmania.com These Terms of Use

(the “Terms”) are a binding contract between you and Fad Mania. You must agree to

and accept all of the Terms, or you don’t have the right to use the Services. Your use of

the Services in any way means that you agree to all of these Terms, and these Terms

will remain in effect while you use the Services. These Terms include the provisions in

this document, as well as those in the Privacy Policy. ARBITRATION NOTICE AND

CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES

DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT

DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL

ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS

ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may change along

with the Services. We reserve the right to change the Terms at any time, but if we do,

we will bring it to your attention by placing a notice in the App, on the Website and/or by

other means. If you don’t agree with the new Terms, you are free to reject them;

however, you will no longer be able to use the Services. If you use the Services in any

way after a change to the Terms is effective, that means you agree to all of the

changes. Except for changes made by Fad Mania as described here, no other

amendment or modification of these Terms will be effective unless in writing and signed

by both you and us.

What about my privacy?

Fad Mania takes the privacy of its users seriously. For the current Privacy Policy please

go to the privacy policy section.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service

providers obtain parental consent before they knowingly collect personally identifiable

information online from children who are under 13. We do not knowingly collect or solicit

personally identifiable information from children under 13; if you are a child under 13,

please do not attempt to register for the Services or send any personal information

about yourself to us. If we learn we have collected personal information from a child

under 13, we will delete that information as quickly as possible. If you believe that a

child under 13 may have provided us personal information, please contact us at

support@fadmania.com. Please note that if you are located in the European Union, we

do not knowingly collect or solicit personally identifiable information from children under

16, so if you are a child under 16 and you are located in the European Union, you

should not attempt to register for the Services or send us any personal information.

What are the basics of using the Services?

You represent and warrant that you are an individual of legal age to form a binding

contract (or if not, you’ve received your parent’s or guardian’s permission to use the

Services and your parent or guardian have agreed to these Terms on your behalf). You

will only use the Services for your own internal, personal, non-commercial use, and not

on behalf of or for the benefit of any third party, and only in a manner that complies with

all laws that apply to you. If your use of the Services is prohibited by applicable laws,

then you aren’t authorized to use the Services. We can’t and won’t be responsible for

your using the Services in a way that breaks the law. Your use of the Services is subject

to the following additional restrictions: You represent, warrant, and agree that you will

not contribute any User Submission (as defined below) or otherwise use the Services or

interact with the Services in a manner that: Infringes or violates the intellectual property

rights or any other rights of anyone else (including Fad Mania); Violates any law or

regulation, including, without limitation, any applicable export control laws; Is harmful,

fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise

objectionable; Violates the security of any computer network, or cracks any passwords

or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or

“spam” on the Services, or any processes that run or are activated while you are not

logged into the Services, or that otherwise interfere with the proper working of the

Services (including by placing an unreasonable load on the Services’ infrastructure);

“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services

or Content (through use of manual or automated means); Copies or stores any

significant portion of the Content (as defined below); or Decompiles, reverse engineers,

or otherwise attempts to obtain the source code or underlying ideas or information of or

relating to the Services. A violation of any of the foregoing is grounds for termination of

your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including,

but not limited to, text, graphics, data, articles, photos, images, illustrations, wallpapers,

User Submissions, and so forth (all of the foregoing, the “Content”) are protected by

copyright and/or other intellectual property laws. You promise to abide by all copyright

notices, trademark rules, information, and restrictions contained in any Content you

access through the Services, and you won’t use, copy, reproduce, modify, translate,

publish, broadcast, transmit, distribute, perform, upload, display, license, sell,

commercialize or otherwise exploit for any purpose any Content not owned by you, (i)

without the prior consent of the owner of that Content or (ii) in a way that violates

someone else’s (including Fad Mania’s) rights. You understand that Fad Mania owns

the Services. You won’t modify, publish, transmit, participate in the transfer or sale of,

reproduce (except as expressly provided in this Section), create derivative works based

on, or otherwise exploit any of the Services. The Website allows you to copy or

download certain Content; please remember that just because this functionality exists,

doesn’t mean that all the restrictions above don’t apply – they do.

Do I have to grant any licenses to Fad Mania or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services,

including: any username you may display when playing “Fad Mania” in the App and

games submitted by developers, is your “User Submission.” By submitting any User

Submission through the Services, you hereby do and shall grant us a worldwide,

non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license

to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works

of, publicly display, publicly perform, and otherwise fully exploit the User Submission in

connection with the Services and our (and our successors’ and assigns’) businesses,

including without limitation for promoting and redistributing part or all of the Services

(and derivative works thereof) in any media formats and through any media channels

(including, without limitation, third party websites and feeds), and including after your

termination of the Services. To the extent your User Submissions are also your

personally-identifiable information, all of the following licenses are subject to our Privacy

Policy. For clarity, the foregoing license grant to us does not affect your other ownership

or license rights in your User Submissions, including the right to grant additional

licenses to your User Submissions, unless otherwise agreed in writing. You represent

and warrant that you have all rights to grant such licenses to us without infringement or

violation of any third party rights, including without limitation, any privacy rights, publicity

rights, copyrights, trademarks, contract rights, or any other intellectual property or

proprietary rights. You are solely responsible for your use of the Services, for any User

Submissions you post to the Services, and for any consequences thereof. Finally, you

understand and agree that Fad Mania, in performing the required technical steps to

provide the Services to our users (including you), may need to make changes to your

User Submissions to conform and adapt those User Submissions to the technical

requirements of connection networks, devices, services, or media, and the foregoing

licenses include the rights to do so.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services

is the sole responsibility of the person from whom such content originated, and you

access all such information and content at your own risk, and we aren’t liable for any

errors or omissions in that information or content or for any damages or loss you might

suffer in connection with it. We cannot control and have no duty to take any action

regarding how you may interpret and use the Content or what actions you may take as

a result of having been exposed to the Content, and you hereby release us from all

liability for you having acquired or not acquired Content through the Services. We can’t

guarantee the identity of any users with whom you interact in using the Services and are

not responsible for which users gain access to the Services. You are responsible for all

Content you contribute, in any manner, to the Services, and you represent and warrant

you have all rights necessary to do so, in the manner in which you contribute it. You are

responsible for all your activity in connection with the Services. The Services may

contain links or connections to third party websites or services that are not owned or

controlled by Fad Mania. When you access third party websites or use third party

services, you accept that there are risks in doing so, and that Fad Mania is not

responsible for such risks. We encourage you to be aware when you leave the Services

and to read the terms and conditions and privacy policy of each third party website or

service that you visit or utilize. Fad Mania has no control over, and assumes no

responsibility for, the content, accuracy, privacy policies, or practices of or opinions

expressed in any third party websites or by any third party that you interact with through

the Services. In addition, Fad Mania will not and cannot monitor, verify, censor or edit

the content of any third party site or service. By using the Services, you release and

hold us harmless from any and all liability arising from your use of any third party

website or service. If there is a dispute between users and any third party, you agree

that Fad Mania is under no obligation to become involved. In the event that you have a

dispute with one or more other users, you release Fad Mania, its officers, employees,

agents, and successors from claims, demands, and damages of every kind or nature,

known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of

or in any way related to such disputes and/or our Services. If you are a California

resident, you shall and hereby do waive California Civil Code Section 1542, which says:

"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."

Will Fad Mania ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may

suspend or discontinue any part of the Services, or we may introduce new features or

impose limits on certain features or restrict access to parts or all of the Services. We’ll

try to give you notice when we make a material change to the Services that would

adversely affect you. Similarly, we reserve the right to remove any Content from the

Services at any time, for any reason (including, but not limited to, if someone alleges

you contributed that Content in violation of these Terms), in our sole discretion, and

without notice.

Do the Services cost anything?

Our App is currently free, but you may potentially purchase skins, tokens, and other

features (collectively, “Features”) that can be used in the App by providing billing

authorization through the platform in which you are using the App (e.g., Apple, Amazon

and Google). Purchases will be subject to those platforms’ payment terms and

conditions. Fad Mania does not control how you can pay or how refunds may be issued

on those platforms. Please review those platforms’ terms of service for additional

information.

ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT FAD MANIA IS NOT

REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL

NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED FEATURES

WHEN YOU DELETE THE APP, WHETHER SUCH DELETION WAS VOLUNTARY OR

INVOLUNTARY, AND REGARDLESS OF WHICH PLATFORM ON WHICH YOU ARE

USING THE APP, INCLUDING APPLE, GOOGLE, AMAZON, OR ANY OTHER SITES

OR PLATFORMS WHERE WE MAY OFFER OUR SERVICES IN THE FUTURE.

Fair Use

Fad Mania may employ depictions of certain copyrighted material. Under these

depictions, Fad Mania will comply with Fair Use by creating works of parody. We have

no control over and assume no responsibility for the content, privacy policies or

practices of any third party sites or services.

What if I want to stop using the Services?

You’re free to stop using the Services at any time by deleting the App; please refer to

our Privacy Policy, as well as the licenses above, to understand how we treat

information you provide to us after you have stopped using our Services. Fad Mania is

also free to terminate (or suspend access to) your use of the Services for any reason in

our discretion, including your breach of these Terms. Fad Mania has the sole right to

decide whether you are in violation of any of the restrictions set forth in these Terms.

Account deletion may result in destruction of any Content associated with your account,

so keep that in mind before you decide to terminate your account. If you have deleted

the App by mistake, contact us immediately at support@fadmania.com – we will try to

help, but we can’t promise we can recover or restore your account with its information.

Provisions that, by their nature, should survive termination of these Terms shall survive

termination. By way of example, all of the following will survive termination: any

obligation you have to pay us or indemnify us, any limitations on our liability, any terms

regarding ownership or intellectual property rights, and terms regarding disputes

between us.

Usage of Services via the Apple App Store

These Terms apply to your use of all the Services, including the App available via the

Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the

Application: Both you and Fad Mania acknowledge that these Terms are concluded

between you and Fad Mania only, and not with Apple, and that Apple is not responsible

for the App or the Content; The App is licensed to you on a limited, non-exclusive,

non-transferrable, sub-licensable basis, solely to be used in connection with the

Services for your private, personal, non-commercial use, subject to all the terms and

conditions of these Terms as they are applicable to the Services; You will only use the

App in connection with an Apple device that you own or control; You acknowledge and

agree that Apple has no obligation whatsoever to furnish any maintenance and support

services with respect to the App; In the event of any failure of the App to conform to any

applicable warranty, including those implied by law, you may notify Apple of such

failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you

the purchase price, if any, of the App; You acknowledge and agree that Fad Mania, and

not Apple, is responsible for addressing any claims you or any third party may have in

relation to the App; You acknowledge and agree that, in the event of any third party

claim that the App or your possession and use of the App infringes that third party’s

intellectual property rights, Fad Mania, and not Apple, will be responsible for the

investigation, defense, settlement and discharge of any such infringement claim; You

represent and warrant that you are not located in a country subject to a U.S.

Government embargo, or that has been designated by the U.S. Government as a

“terrorist supporting” country, and that you are not listed on any U.S. Government list of

prohibited or restricted parties; Both you and Fad Mania acknowledge and agree that, in

your use of the App, you will comply with any applicable third party terms of agreement

which may affect or be affected by such use; and Both you and Fad Mania acknowledge

and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these

Terms, and that upon your acceptance of these Terms, Apple will have the right (and

will be deemed to have accepted the right) to enforce these Terms against you as the

third party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Neither Fad Mania nor its licensors or suppliers make any

representations or warranties concerning any content contained in or accessed through

the Services, and we will not be responsible or liable for the accuracy, copyright

compliance, legality, or decency of material contained in or accessed through the

Services. We (and our licensors and suppliers) make no representations or warranties

regarding suggestions or recommendations of services or products offered or

purchased through the Services. Products and services purchased or offered (whether

or not following such recommendations and suggestions) through the Services are

provided “AS IS” and without any warranty of any kind from Fad Mania or others

(unless, with respect to such others only, provided expressly and unambiguously in

writing by a designated third party for a specific product).

 

THE SERVICES AND CONTENT ARE PROVIDED BY FAD MANIA (AND ITS LICENSORS AND

SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE

UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW

LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE

LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST

EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND

UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT,

CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FAD MANIA (OR ITS

LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON

FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES

OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,

WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR

MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN

DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO

YOU.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Fad

Mania, its affiliates, officers, agents, employees, and partners harmless from and

against any and all claims, liabilities, damages (actual and consequential), losses and

expenses (including attorneys’ fees) arising from or in any way related to any third party

claims relating to (a) your use of the Services (including any actions taken by a third

party using your account), and (b) your violation of these Terms. Assignment. You may

not assign, delegate or transfer these Terms or your rights or obligations hereunder, or

your Services account, in any way (by operation of law or otherwise) without Fad

Mania’s prior written consent. We may transfer, assign, or delegate these Terms and

our rights and obligations without consent. Choice of Law; Arbitration. These Terms are

governed by and will be construed under the laws of the State of New York, without

regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to

the subject matter of these Terms shall be finally settled in New York County, New York,

in English, in accordance with the Streamlined Arbitration Rules and Procedures

(“Rules”) of FM/Fad Mania inc. (“FM”) then in effect, by one commercial arbitrator with

substantial experience in resolving intellectual property and commercial contract

disputes, who shall be selected from the appropriate list of FM arbitrators in accordance

with such Rules. Judgment upon the award rendered by such arbitrator may be entered

in any court of competent jurisdiction. Notwithstanding the foregoing obligation to

arbitrate disputes, each party shall have the right to pursue injunctive or other equitable

relief at any time, from any court of competent jurisdiction. For all purposes of these

Terms, the parties consent to exclusive jurisdiction and venue in the state or federal

courts located in, respectively, New York County, New York, or the Southern District of

New York. Any arbitration under these Terms will take place on an individual basis:

class arbitrations and class actions are not permitted. YOU UNDERSTAND AND

AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FAD MANIA ARE

EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS

ACTION.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and

other governmental assessments associated with your activity in connection with the

Services, provided that Fad Mania may, in its sole discretion, do any of the foregoing on

your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any

way, any right herein shall not be deemed a waiver of any further rights hereunder. If

any provision of these Terms is found to be unenforceable or invalid, that provision will

be limited or eliminated, to the minimum extent necessary, so that these Terms shall

otherwise remain in full force and effect and enforceable. You and Fad Mania agree that

these Terms are the complete and exclusive statement of the mutual understanding

between you and Fad Mania, and that it supersedes and cancels all previous written

and oral agreements, communications and other understandings relating to the subject

matter of these Terms. You hereby acknowledge and agree that you are not an

employee, agent, partner, or joint venture of Fad Mania, and you do not have any

authority of any kind to bind Fad Mania in any respect whatsoever. Except as expressly

set forth in the section above regarding the Apple App Store, you and Fad Mania agree

there are no third party beneficiaries intended under these Terms.