These terms and conditions (“Terms and Conditions”) are for use of (i) the website with a home page located at www.fanwise.com (“Website”); and, (ii) the FanWise application (“Application”), which is for installation on a mobile device, both of which are owned and operated by FanWise, LLC, a Florida limited liability company (“Fanwise”). Terms such as “us” or we” refer to Fanwise and terms such as “you”, “your” or “yours” refers to you, the end user or other use of the Website.
FanWise operates a program (“Credit Program”) where you can earn credits in participating FanWise vending machines, arcade game machines, self checkout machines, parking meters along with other participating machines (“Machine”). The Credit Program is governed by these Terms and Conditions. By accessing the Website and/or the Application, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website and from using the Application. The materials contained in the Website and the Application are protected by applicable copyright and trade mark law.
2. General Summary of Credit Program
The Credit Program is governed by these Terms and Conditions. As a summary only, and subject in all respects to the Terms and Conditions as provided in greater detail herein, this a general summary of the Credit Program if you decide to participate:
- You will connect your social account with FanWise using your user identification and your password to log onto your account. You do not give any passwords to FanWise however FanWise will know your public “user ID”.
- If you see a participating FanWise machine, and if you decide to participate in a promotion, then each time you will enter the unique Machine ID for that vending machine into the Application on your mobile device and tap “Continue”.
- The first time you use the Application, you will choose the Social Media Site(s) you want to use for promotions and you will log in to the Social Media Site you selected. During the sign in, you will be asked to grant FanWise authorization to post to your Social Media Account. If you agree to so authorize FanWise, then tap “Continue”. If you do not agree to have FanWise post to your Social Media Account, then do not tap “Continue” and close the Application.
- Upon activating the promotion based on the Machine ID, you will be offered a credit amount as posted on the participating machine if you continue. If you should decide to continue, you will be given a choice of several Sponsor provided Messages. If you like and approve any one of the Messages, you will then “tap” to select the message on your mobile device, which will mean that you approve the Message (“Approval”). If you do not approve of any of the Messages, then do not tap on a message and close the Application.
- Upon Approval of a Message, Fanwise will then post that message to your Social Media Account and it will be transmitted as being sent by you.
- Upon posting of the Message to your Social Media Account, FanWise will transmit the credit indicated to the Machine with the Machine ID you entered, and the credit will be available to you for your purchase.
FanWise only agrees to transmit the credit offered to the Machine with the Machine ID you entered. Once transmitted to the Machine, the transaction will be governed by the rules of that Machine. The Machines are not owned or controlled by FanWise and each Machine owner determines its own vending protocol. The credit you receive may or may not be sufficient to purchase the item you desire. If it is less than the amount to be purchased, you will have to add additional funds to complete your purchase. If the credit is greater than the item you want to purchase, the remaining credit will expire upon your selection. A credit may only be redeemed on the vending machine with the Machine ID entered by you at the time of activation and may only be redeemed for items that are in-stock in that machine. Credits are not carried forward to other machines and cannot be converted to cash. Depending on each Machine’s vending protocol, the credit may expire.
FanWise will transmit only one credit at a time to a machine. For example, if you receive a $1.00 credit and do not use that credit, and you try to have FanWise issue another credit for $1.00, the first credit will probably expire and you will only receive the second credit. If you have questions about how any particular Machine handles the credits once transmitted to it by FanWise, then you will need to refer such question to the Machine’s owner.
From time to time, FanWise may establish the maximum amount of credits you can receive in any 24 hour period. When you reach the maximum number of credits available, the Application will notify you that no additional credits are available and to try again tomorrow.
“Sponsors” use FanWise to distribute their promotions in the form of “Custom Social Messages” (Messages). FanWise is not responsible or liable for any Message created by a Sponsor and FanWise is not responsible or liable for the actions or inactions of any Sponsor.
FanWise will offer to you several Sponsor provided messages (each a “Message”) for you to consider and select from. All Messages are created and submitted by a Sponsor and although FanWise has the right, but not the obligation, to review all Messages prior to posting, FanWise does not endorse any Message and FanWise specifically disclaims any responsibility for the content of any Message. If any Message or its content is offensive to you or defective in any way, then you should not give your Approval and close the Application. If you have any complaint about a Message or if a Message causes you any harm or damages, then you agree to look solely to the Sponsor of such Message and not FanWise. FanWise is not responsible for any Message or the content in any Message. By giving your Approval, you agree to indemnify and hold FanWise harmless from any loss, cost or expense incurred by you, FanWise or others as a result of your Approval.
6. User License
Permission is granted to temporarily download one copy of the Application for personal use only on your mobile device. This is the grant of a non-exclusive and limited license and is not a transfer of title or assignment of any property rights to you (“License”). The License is terminable by FanWise at any time. Under the License you may not:
- modify or copy the program, its code or any other materials;
- use the Application for any commercial purpose not described in these Terms and Conditions or on the Website, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Application;
- remove any copyright or other proprietary notations from the materials; or
- transfer the Application to another person or “mirror” the materials on any other server.
The License may be amended, modified or revoked by FanWise at any time as provided in these Terms and Conditions. The License will automatically terminate if you violate any of these Terms and Conditions.
7. Facebook Requirements for Use
If you elect to connect Facebook to the Application, you thereby agree with FanWise as follows and acknowledge that your Facebook account will meet the minimum requirements:
- you grant FanWise permission to collect your friend count, gender and birthday. This information is only used within aggregate statistics and never on an individual basis;
- grant FanWise the ability to share to “friends” or higher. This will only ever occur upon your explicit instruction to share a post;
- you have at least 1 friend on Facebook;
- your Facebook account is at least 30 days old;
- your FanWise account has not been flagged as having deleted FanWise messaging after it has been posted to Facebook;
- your Facebook account has not been created specifically for use with FanWise; and
- your Facebook profile name does not contain obscene, vulgar, lewd, indecent, or plainly offensive language.
8. Twitter Requirements for Use.
If you elect to connect Twitter to the Application, you thereby agree as follows and acknowledge that your Twitter account will meet the minimum requirements:
- you grant FanWise permission to collect your follower count. This information is only used within aggregate statistics and never on an individual basis;
- grant FanWise the ability to tweet on your behalf. This will only ever occur upon your explicit instruction to share a tweet;
- you have at least 1 follower on Twitter;
- your Twitter account is at least 30 days old;
- you have an avatar loaded to your Twitter account;
- your most recently posted tweet was not posted from the FanWise Application;
- your FanWise account has not been flagged as having deleted FanWise messaging after it has been posted to Twitter;
- your Twitter account has not been created specifically for use with FanWise; and
- your Twitter profile name does not contain obscene, vulgar, lewd, indecent, or plainly offensive language.
9. Third-Party Social Media Sites
Facebook and Twitter, along with all other similar sites that may exist from time to time, are collectively referred to as “Social Media Sites”. FanWise is not affiliated with any Social Media Sites. New Social Media Sites may be added from time to time and these Terms and Conditions will apply to all such Social Media Sites that operate through the Application.
11. Conditional Use Of Our Application
Your permission to use the Website and the Application are conditioned upon your agreement with FanWise that you:
- will comply with this Agreement;
- are solely responsible for your User ID and the activity that occurs while using the Website or the Application under your User ID;
- are solely responsible for your User Content, including discussion posts, profile information and links, pictures, and other such content;
- represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize the Website and use the Application and to use any and all User Content submitted by you or made available to FanWise in accordance with the licenses granted in this Agreement;
- will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content to FanWise; and
- you hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your User Content that we deem inappropriate for any reason and terminate your account with or without prior notice.
12. Non-Confidentiality, Security And Privacy.
In no event shall FanWise or its suppliers be liable for any damages (including, without limitation, damages for loss of data or lost profits, or due to business interruption,) arising out of the use or inability to use the Application or if such damages are caused by the Application, even if FanWise or a FanWise authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not fully apply to you.
14. Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE WEBSITE OR THE APPLICATION. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE AND APPLICATION EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE AND APPLICATION. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15. Disclaimers of Warranty
16. Revisions and Errata
The materials appearing on or in the Website and/or the Application could include technical, typographical, or photographic errors. FanWise does not warrant that any of the materials on its web application are accurate, complete, or current. FanWise may make changes to the materials contained on its web application at any time without notice. FanWise does not, however, make any commitment to update the materials.
FanWise has not reviewed all of the sites linked to its Website and/or the Application and FanWise is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FanWise of the linked site. Use of any such linked website is at the user’s own risk.
FanWise may revise these Terms and Conditions site at any time without notice. By using the Website and/or the Application, you are agreeing to be bound by the then current version of these Terms and Conditions.
19. Governing Law and Venue
This Website, the Application and the Credit Program are operated by a U.S. entity and these Terms and Conditions are governed by the laws of the State of Florida. These Terms and Conditions and all other agreements between you and FanWise, along with any claim relating to the Website, the Application or the Credit Program shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Any action arising out of this Agreement or the relationship of the parties established herein shall be brought exclusively in a court of competent jurisdiction located in Broward County, Florida, and you, on your behalf and on behalf of all those claiming under you, hereby consent and submit to the jurisdiction of such courts.
FanWise may terminate or suspend any and all functions of the Application and your access to the Website immediately, without prior notice or liability, if you breach any of these Terms and Conditions. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
21. International Use
Accessing materials on this Website and/or the Application by certain persons in certain countries may not be lawful, and FanWise makes no representation that materials on this Website and/or the Application are appropriate or available for use in locations outside of the United States.
You agree to defend, indemnify and hold harmless FanWise, its affiliated companies and their respective officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting fees, resulting from or arising out of (i) your breach of the Terms and Conditions; (ii) your use of the Website, use of the Application or participation in the Credit Program; (iii) any user content submitted by you, or, (iv) your use of any information obtained from the Website or from the Application. The foregoing indemnity will survive any termination of this Agreement until the expiration of all applicable statute of limitations.
23. Notification Of Copyright Infringement
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website and/or the Application, please immediately provide FanWise with written notice of same (“Notice”) that describes the infringement and your rights in the work being infringed. Send our Notice by U.S. Mail to:
24. Electronic Communications
The communications between you and FanWise use electronic means, whether you visit the Website, use the Application or send us emails, or whether FanWise posts notices on the Website or communicates with you Application or via email. For contractual purposes, you (a) consent to receive communications from FanWise in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that FanWise provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights under applicable laws, if any.
25. Your Responsibilities
You shall be solely responsible for, and the costs of, obtaining and maintaining any equipment or ancillary services the Application needs to operate or to otherwise use the Application, including, without limitation, a mobile device, cellular service, data service, software and anything else that is necessary. You shall be responsible for ensuring that such equipment is compatible with the Application. You shall be responsible for obtaining and maintaining all subscriptions, memberships or accounts with all other Social Media Sites to which you belong and which are used to connect with the Application. We are not affiliated in any way with any Social Media Site. You are solely responsible for complying with all terms and conditions of all Social Media Site and we are not responsible for any breaches or defaults of any terms or conditions of any Social Media Site that may be caused by you or the Application.
26. Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Application, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Website and Application in accordance with these Terms and Conditions. “FanWise” is the registered trademark of FanWise, LLC. Other product and company names that are mentioned on the Website or provided as part of the Application may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in these Terms and Conditions. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features, the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to FanWise, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. All Messages are owned by the Sponsor or other author thereof. Any content, application or software provided by FanWise is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. FanWise shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond FanWise’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms and Conditions are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable, or sub-licensable by you except with FanWise’s prior written consent. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. YOU AND FANWISE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO FANWISE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated March 23, 2015