Thank you for using Fangeist!

The Fangeist products and services are provided by Fangeist LLC (“Fangeist”). These Terms of Service (“Terms”) govern your access to and use of Fangeist’s website, products, and services (“Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Service, you agree to be bound by these Terms and by our Privacy Policy.

1. Using the Fangeist Service
a. Who can use the Fangeist Service

You may use our Service only if you can form a binding contract with Fangeist, and only in compliance with these Terms and all applicable laws. When you create your Fangeist account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements and either (i) are of legal age to form a binding contract with the Company or (ii) have the permission of a parent or legal guardian who has agreed to these Terms on your behalf.

b. Our license to you

Subject to these Terms and our policies (including our Acceptable Use Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.

c. No Commercial use of our Service

The Service is for your personal non-commercial use only. You must not access or use our Service, or any part thereof or materials therein, for any commercial purposes.

d. Updates and Changes

We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion at any time with or without notice.

Some of our Service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade, update or amend that software, and these Terms will apply to such upgrades, updates or amendments.

e. Prohibited Uses

You may not use the Service for any unlawful purpose. You agree not to use the Service 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) or for the purpose of exploiting, harming or attempting to exploit or harm others in any way, including by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

2. Your Content
a. Posting content

The Service may allow you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on the Service is referred to as “User Generated Content.” Subject to the licenses and rights granted to Fangeist in these Terms and Privacy Policy, you retain all of your pre-existing rights in, and are solely responsible for, the User Generated Content you post to the Service. User Generated Content will be considered non-confidential.

b. How Fangeist and other users can use your content

You grant Fangeist and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Generated Content, which may be used in connection with your user name or initials, for any purpose, including commercial purposes and advertising, whether as part of the Service or outside the Service. For purposes of clarity, this license does not terminate upon the termination of your Account or the removal of the User Generated Content from the Service. Nothing in these Terms shall restrict other legal rights Fangeist may have to User Generated Content, for example under other licenses. We reserve the right to remove or modify User Generated Content for any reason, including User Generated Content that we believe violates these Terms or our policies. We are not responsible for the content or accuracy of any User Generated Content posted by you.

c. How long we keep your content

If you remove any User Generated Content from the Service (whether or not you have an active Account), we may retain your User Generated Content for backup, archival, or audit purposes. Furthermore, Fangeist and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Generated Content that other users have stored or shared through the Service, or otherwise continues to be posted or live in any part of the Service.

d. Feedback you provide

We value hearing from our users, and are always interested in improving the Service. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Fangeist does not waive any rights to use similar or related feedback previously known to Fangeist, or developed by its employees, or obtained from sources other than you.

3. Intellectual Property; Copyright and Trademark

The Service 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 Fangeist, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Service is transferred to you, and all rights not expressly granted to you are reserved by Fangeist.

Fangeist has adopted and implemented a Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

Fangeist and the Fangeist logo and all related names, logos, product and service names, designs and slogans are trademarks of Fangeist or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.

4. Security

We care about the security of our users. While we work to protect the security of your content and account, Fangeist cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

5. Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Fangeist. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Fangeist, you do so at your own risk and you agree that Fangeist will have no liability arising from your use of or access to any third-party website, service, or content.

6. Termination

Fangeist may terminate or suspend your Account and this license at any time, for any or no reason, with or without cause or notice to you. You may terminate your Account for any or no reason. Upon termination, you continue to be bound by Sections 2 (Your Content) and 6-12 of these Terms.

7. Indemnity

You agree to indemnify and hold harmless Fangeist and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Service, (b) your User Generated Content, or (c) your breach of any of these Terms.

8. Disclaimers

The Service and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and data recovery.

FANGEIST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SECURITY, ACCURACY, RELIABLITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Fangeist takes no responsibility and assumes no liability for any User Generated Content that you or any other user or third party posts or transmits using the Service. You understand and agree that you may be exposed to User Generated Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FANGEIST, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR ANY EMOTIONAL DISTRESS OR PAIN AND SUFFERING, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, RESULTING FROM OR IN CONNECTION WITH (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER GENERATED CONTENT; WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR (D) FANGEIST, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ENFORCEMENT OR NON-ENFORCEMENT OF FANGEIST’ POLICIES.

10. Arbitration

For any dispute you have with Fangeist, you agree to first contact us and attempt to resolve the dispute with us informally. If Fangeist is not able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to the Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Fangeist agree otherwise, the arbitration will be conducted by a single arbitrator in New York county, in New York State. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. Each party agrees that it shall be responsible for paying its own attorney’s fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FANGEIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

11. Governing Law and Jurisdiction; Limitation on Time

These Terms shall be governed by the laws of the New York, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state or federal court located in New York County, New York for any actions not subject to Section 10 (Arbitration).

The Service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Any cause of action or claim you may have arising out of or in connection with or relating to these Terms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

12. General Terms

Notification Procedures and changes to these Terms. We may revise these Terms from time to time and the most current version will always be posted on our website. All changes will be effective immediately upon posting. Fangeist reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fangeist without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Fangeist in connection with the Service, shall constitute the entire agreement between you and Fangeist concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fangeist’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.