Terms of Service
Last updated: 09/09/2020
Introduction
As you have just clicked to our Terms of Service, please make a
pause, grab a cup of coffee and carefully read the following pages. It
will take you approximately 20 minutes. These Terms of Service
(“Terms”, “Terms of Service”) govern
your use of our web pages located at zealous.app operated by
Fanbase, Inc. Your agreement with us includes these Terms
(“Agreements”). You acknowledge that you have read
and understood Agreements, and agree to be bound of them. If you do
not agree with (or cannot comply with) Agreements, then you may not
use the Service, but please let us know by emailing at
support@zealous.app so we can try to find a solution. These Terms
apply to all visitors, users and others who wish to access or use
Service. Thank you for being responsible.
Communications
By using our Service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send.
However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by
emailing at.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively,
“Promotions”) made available through Service may be
governed by rules that are separate from these Terms of Service. If
you participate in any Promotions, please review the applicable rules.
If the rules for a Promotion conflict with these Terms of Service,
Promotion rules will apply.
Fee Changes
Fanbase, Inc., in its sole discretion and at any time, may modify
Subscription fees for the Subscriptions. Any Subscription fee change
will become effective at the end of the then-current Billing Cycle.
Fanbase, Inc. will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate
your Subscription before such change becomes effective. Your continued
use of Service after Subscription fee change comes into effect
constitutes your agreement to pay the modified Subscription fee
amount.
Content
Content found on or through this Service are the property of Fanbase,
Inc. or used with permission. You may not distribute, modify,
transmit, reuse, download, repost, copy, or use said Content, whether
in whole or in part, for commercial purposes or for personal gain,
without express advance written permission from us.
Prohibited Uses
You may use Service only for lawful purposes and in accordance with
Terms. You agree not to use Service: In any way that violates any
applicable national or international law or regulation. For the
purpose of exploiting, harming, or attempting to exploit or harm
minors in any way by exposing them to inappropriate content or
otherwise. To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain letter,”
“spam,” or any other similar solicitation. To impersonate or attempt
to impersonate Company, a Company employee, another user, or any other
person or entity. In any way that infringes upon the rights of others,
or in any way is illegal, threatening, fraudulent, or harmful, or in
connection with any unlawful, illegal, fraudulent, or harmful purpose
or activity. To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of Service, or which, as determined by us,
may harm or offend Company or users of Service or expose them to
liability. Additionally, you agree not to: Use Service in any manner
that could disable, overburden, damage, or impair Service or interfere
with any other party’s use of Service, including their ability to
engage in real time activities through Service. Use any robot, spider,
or other automatic device, process, or means to access Service for any
purpose, including monitoring or copying any of the material on
Service. Use any manual process to monitor or copy any of the material
on Service or for any other unauthorized purpose without our prior
written consent. Use any device, software, or routine that interferes
with the proper working of Service. Introduce any viruses, trojan
horses, worms, logic bombs, or other material which is malicious or
technologically harmful. Attempt to gain unauthorized access to,
interfere with, damage, or disrupt any parts of Service, the server on
which Service is stored, or any server, computer, or database
connected to Service. Attack Service via a denial-of-service attack or
a distributed denial-of-service attack. Take any action that may
damage or falsify Company rating. Otherwise attempt to interfere with
the proper working of Service.
Analytics
We may use third-party Service Providers to monitor and analyze the
use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that
tracks and reports website traffic. Google uses the data collected to
track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to
contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit
the Google Privacy Terms web page:
https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for
safeguarding your data:
https://support.google.com/analytics/answer/6004245.
No Use By Minors
Service
is intended only for access and use by individuals at least eighteen
(18) years old. By accessing or using any of Company, you warrant and
represent that you are at least eighteen (18) years of age and with
the full authority, right, and capacity to enter into this agreement
and abide by all of the terms and conditions of Terms. If you are not
at least eighteen (18) years old, you are prohibited from both the
access and usage of Service.
Accounts
When you create an account with us, you guarantee that you are above
the age of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your
account on Service. You are responsible for maintaining the
confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or account.
You agree to accept responsibility for any and all activities or
actions that occur under your account and/or password, whether your
password is with our Service or a third-party service. You must notify
us immediately upon becoming aware of any breach of security or
unauthorized use of your account. You may not use as a username the
name of another person or entity or that is not lawfully available for
use, a name or trademark that is subject to any rights of another
person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar or
obscene. We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
Service and its original content (excluding Content provided by
users), features and functionality are and will remain the exclusive
property of Fanbase, Inc. and its licensors. Service is protected by
copyright, trademark, and other laws of the United States and foreign
countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written
consent of Fanbase, Inc.
Copyright Policy
We respect the intellectual property rights of others. It is our
policy to respond to any claim that Content posted on Service
infringes on the copyright or other intellectual property rights
(“
Infringement”) of any person or entity. If you are
a copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that constitutes
copyright infringement, please submit your claim via email to
support@zealous.app, with the subject line: “Copyright Infringement”
and include in your claim a detailed description of the alleged
Infringement as detailed below, under “DMCA Notice and Procedure for
Copyright Infringement Claims” You may be held accountable for damages
(including costs and attorneys' fees) for misrepresentation or
bad-faith claims on the infringement of any Content found on and/or
through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further
detail): an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright's interest; a
description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on Service where
the material that you claim is infringing is located; your address,
telephone number, and email address; a statement by you that you have
a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf. You can contact our Copyright Agent
via email at support@zealous.app
Error Reporting and Feedback
You may provide us either directly at support@zealous.app or via
third party sites and tools with information and feedback concerning
errors, suggestions for improvements, ideas, problems, complaints, and
other matters related to our Service (“
Feedback”).
You acknowledge and agree that: (i) you shall not retain, acquire or
assert any intellectual property right or other right, title or
interest in or to the Feedback; (ii) Company may have development
ideas similar to the Feedback; (iii) Feedback does not contain
confidential information or proprietary information from you or any
third party; and (iv) Company is not under any obligation of
confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an
exclusive, transferable, irrevocable, free-of-charge, sub-licensable,
unlimited and perpetual right to use (including copy, modify, create
derivative works, publish, distribute and commercialize) Feedback in
any manner and for any purpose. The third party sites and tools
mentioned above include the following:
Sentry
Sentry is a platform for monitoring and logging stability of
applications provided by Functional Software, Inc. dba Sentry. Please read their Privacy Policy
here:
https://sentry.io/privacy/
Links To Other Web Sites
Our
Service may contain links to third party web sites or services that
are not owned or controlled by Fanbase, Inc. Fanbase, Inc. has no
control over, and assumes no responsibility for the content, privacy
policies, or practices of any third party web sites or services. We do
not warrant the offerings of any of these entities/individuals or
their websites. YOU ACKNOWLEDGE AND AGREE THAT Fanbase, Inc. SHALL NOT
BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR
LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR
RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR
THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE
YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD
PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS
AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES,
OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER
COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED
WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT,
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES
(INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER
OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY
CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL
LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY,
IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR
PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Termination
We may terminate or suspend your account and bar access to Service
immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of Terms. If you wish to
terminate your account, you may simply discontinue using Service. All
provisions of Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
liability.
Governing Law
These Terms shall be governed and construed in accordance with the
laws of State of Delaware without regard to its conflict of law
provisions. Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any
provision of these Terms is held to be invalid or unenforceable by a
court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our
Service and supersede and replace any prior agreements we might have
had between us regarding Service.
Changes To Service
We reserve the right to withdraw or amend our Service, and any
service or material we provide via Service, in our sole discretion
without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From
time to time, we may restrict access to some parts of Service, or the
entire Service, to users, including registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this
site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised
Terms 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 continuing to access or use our Service after
any revisions become effective, you agree to be bound by the revised
terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
Waiver And Severability
No waiver by Company of any term or condition set forth in Terms
shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure
of Company to assert a right or provision under Terms shall not
constitute a waiver of such right or provision. If any provision of
Terms is held by a court or other tribunal of competent jurisdiction
to be invalid, illegal or unenforceable for any reason, such provision
shall be eliminated or limited to the minimum extent such that the
remaining provisions of Terms will continue in full force and
effect.
Acknowledgement
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT
YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Contact Us
Please send your feedback, comments, requests for technical support
by email:
support@zealous.app.
