Terms & Condition

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Fanalyze Inc. (“Fanalyze”, “we”, “us”, or “our”). These Terms of Use apply to your use of the Fanalyze iOS, Android and Web Application (the “Fanalyze App”), whether as a guest or a registered user.

Please read these Terms of Use carefully before using our Fanalyze App. By accessing, viewing, or using our Fanalyze App, you accept and agree to be bound and abide by these Terms of Use [and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not agree to these terms of use, you must not access or use the Fanalyze App.

This Fanalyze App 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 the Fanalyze App, you represent and warrant that you can form a binding contract with Fanalyze, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms. If you do not meet all these requirements, you must not access or use the Fanalyze App.

Changes to the Terms of Use

We reserve the right to change these Terms of Use at any time in our sole discretion. If we make any changes to our Terms of Use, we will post a new policy on the Fanalyze App and update the “last updated” date set forth above. You should check these Terms of Use each time you visit our Fanalyze App for any changes. If you continue to use the site after any changes to these Terms of Use, you agree to and accept those changes.

Registration and Access to The Fanalyze App

We have the right to change this Fanalyze App, and any service or content that we provide on the Fanalyze App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Fanalyze App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Fanalyze App, or the entire Fanalyze App, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Fanalyze App.

Registration is required to view the “My Teams” feature of the Fanalyze App. You must complete the registration process by providing Fanalyze with certain information as prompted by the applicable registration form. As a user of our Fanalyze App, you agree to represent yourself accurately and truthfully at all times. You grant Fanalyze the right to independently verify any information that you post on the Fanalyze App or provide to Fanalyze about yourself, including any information that you provide in order to make any purchases of services through the Fanalyze App.

The information that you provide is covered by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Maintaining the Confidentiality of Your Password and Account

During the registration process, you will choose an email and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password and account. You must not disclose your password or any activities that occur under your password and account to any other person or entity. You agree to notify us immediately at our customer support address, dev@fanalyze.com, of any breach of security or unauthorized use of your account or password. Fanalyze will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, unless you have their permission and they are a member of your household, and you may not transfer, sell or otherwise grant access to your account to anyone unless they are a member of your household and agree to be bound by these Terms of Use.

Upon cancellation or termination of your access to password protected areas of the Fanalyze App, Fanalyze reserves the right to deactivate your account and delete your user profile.

Prohibited Uses

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

  • 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 the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Fanalyze, a Fanalyze employee, another user, or any other person or entity (including, without limitation, by using email addresses [or usernames] associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Fanalyze App, or which, as determined by us, may harm Fanalyze or users of the Fanalyze App, or expose them to liability.

    Additionally, you agree not to:

  • Use the Fanalyze App in any manner that could disable, overburden, damage, or impair the Fanalyze App or interfere with any other party’s use of the Fanalyze App, including their ability to engage in real time activities through the Fanalyze App.
  • Use any robot, spider, or other automatic device, process, or means to access the Fanalyze App for any purpose, including monitoring or copying any of the material on the Fanalyze App.
  • Use any manual process to monitor or copy any of the material on the Fanalyze App, 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 Fanalyze App.
  • 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 Fanalyze App, the server on which the Fanalyze App is stored, or any server, computer, or database connected to the Fanalyze App.
  • Attack the Fanalyze App via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Fanalyze App.

We reserve the right to terminate or suspend your account if you violate these terms. (See “Monitoring and Enforcement; Termination” section).

User Contributions

The Fanalyze App may include discussion forums or other interactive areas. You agree to use such interactive areas only for lawful and non-commercial purposes. You are solely responsible and liable for any materials that you post on our Fanalyze App’s interactive areas or discussion forums.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. User Contributions may be used for any purpose by Fanalyze and/or other users of the Fanalyze App, and Fanalyze is under no obligation to publish or use any User Contribution.

    You represent and warrant that:

  • Your User Contributions do not violate any third-party intellectual property rights.
  • 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 Fanalyze, 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 Fanalyze App.

Violations of These Terms of Use; Termination

Without prior notice and in our sole discretion, Fanalyze reserves the right to terminate your account and access to our Fanalyze App without refund and to block future access to our Fanalyze App for any violations of these Terms of Use.

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. Without limiting the foregoing, User Contributions must not:

  • Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful or racially, ethnically or otherwise objectionable.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Upload, e-mail, transmit or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
  • 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 [LINK TO PRIVACY POLICY].
  • Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Be likely to deceive any person.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters.

Violation of Our Content Standards

We reserve the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Fanalyze App or the public, or could create liability for Fanalyze.
  • 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.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Fanalyze App.
  • Terminate or suspend your access to all or part of the Fanalyze App for [any or no reason, including without limitation,] any violation of these Terms of Use.

Without limiting the forgoing, Fanalyze reserves the right at all times to disclose any information that Fanalyze deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Submissions or other materials, in whole or in part, in Fanalyze’s sole discretion. You waive and hold harmless Fanalyze from any claims resulting from any action taken by

Fanalyze during, or taken as a consequence of, investigations by either Fanalyze or law enforcement authorities.

Intellectual Property Rights

Fanalyze, its affiliates and its licensors own or control all rights, title and interest in, under and to the Fanalyze App, including the design, user interface, text, copy, graphics, artwork, videos, photographs, trademarks (including Flickr images) and other trademarks on our Fanalyze App), logos, sound, music, computer code and other files (“Content”), and the selection, arrangement and “look and feel” of such Content. Our Content is protected by trade dress, trademark, copyright, and various other intellectual property laws.

Unless otherwise expressly permitted by Fanalyze, you may not copy, reproduce, post, publish, display, republish, distribute, transmit, modify, create derivative works from, upload or otherwise exploit any Content, data, or materials on or available through our Fanalyze App, including “mirroring” to any other computer, without our express prior written consent.

    You are prohibited from:

  1. using any automated device, such as a robot, spider, deep linker or page scraper, or the manual equivalent, to access, copy, monitor or scrape any content from our Fanalyze App or
  2. using framing or similar techniques to enclose our Content

    You may display and print a single copy of Content from our Fanalyze App provided that you:

  1. do so solely for personal, non-commercial use and
  2. keep all copyright or other proprietary notice language intact. If you are a public search engine, notwithstanding the above, you may use automated devices to copy Content and other materials available without charge on our Fanalyze App solely as necessary to make our Fanalyze App publicly searchable.

All of Fanalyze’s, its affiliates’ or its licensors’ rights to the Fanalyze App, the Content or intellectual property not expressly granted to you are reserved.

    You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, orproprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Fanalyze App in breach of the Terms of Use, your right to use the App 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 Fanalyze App or any content on the Fanalyze App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Fanalyze App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Fanalyze name, the terms [Fanalyze Trademarks], [the Fanalyze logo,] and all related names, logos, product and service names, designs, and slogans are trademarks of Fanalyze or its affiliates or licensors. You must not use such marks without the prior written permission of Fanalyze. All other names, logos, product and service names, designs, and slogans on this Fanalyze App are the trademarks of their respective owners.

Notice For Making Claims of Copyright Infringement

Fanalyze respects the intellectual property rights of third parties. Fanalyze will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for the Fanalyze App:

Incorporating Services, Ltd.
3500 South DuPont Hwy.
Dover, DE 19901

Telephone Number: 800.346.4646
Fax Number: 302.531.0855
E-Mail: info@incserv.com

To be effective, the notification must include the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fanalyze to locate the material; information reasonably sufficient to permit Fanalyze to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Links To Our Fanalyze App and To Other Sites and Apps

  • You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Fanalyze App so long as the link does not portray Fanalyze, its subsidiaries, affiliates, licensors or partners, or its or their respective services, in a false, misleading, derogatory or otherwise offensive or damaging manner.
  • We may provide a link to other sites that allow you to leave the Fanalyze App to access third-party materials (“Linked Materials”) This includes links contained in advertisements, including banner advertisements and sponsored links. These Linked Materials are made available solely for your convenience. Fanalyze is not responsible for, does not monitor, has no control over and does not endorse the Linked Materials. You access the Linked Materials at your own risk.
  • Fanalyze may run advertisements and promotions from third parties on the Fanalyze App. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Fanalyze found on or through the Fanalyze App, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Fanalyze is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Fanalyze advertisers on the Fanalyze App.
  • The Fanalyze App may have advertisements from third party sports betting companies. Fanalyze has sports betting licenses to do affiliate marketing with sports betting companies in Colorado, Tennessee, Indiana, Michigan, New Jersey, Maryland, and Louisiana. [INSERT LINK WITH SEPARATE PAGE LISTING LICENSES FROM EACH STATE, LICENSE NUMBERS, AND DATE LICENSE WAS ISSUED].
  • Third Party Components

    You acknowledge and agree that use of the Services and the Fanalyze App requires third party equipment and software (collectively, the “Third Party Components”) that must be provided by you. The Third Party Components include, without limitation, the following: a cellular phone or tablet, a connection to the internet, and operating system software (the necessary version of any of the foregoing may be designated by Fanalyze from time to time). Fanalyze shall have no responsibility to you or any third party with respect to the third-party components.

    Disclaimer

    Your use of the Fanalyze App and services provided therein is at your sole risk unless explicitly stated otherwise. unless explicitly stated otherwise, the site, including the services provided therein, are provided on an “as is,” “as available” and “with all faults” basis. Unless explicitly stated otherwise or required under applicable law, Fanalyze disclaims all express or implied conditions, representations, and warranties of any kind, including, without limitation, any implied warranty or condition of accuracy, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Fanalyze makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the site or the services provided therein. Fanalyze makes no warranty or representation that the site or services will be uninterrupted, secure, error-free, or free of any viruses, trojan horses or worms.

    Unless explicitly stated otherwise, you assume all risks concerning the suitability and accuracy of the information within the Fanalyze App. The site may contain technical inaccuracies, typographical errors, or omissions. Fanalyze assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions.

    Fanalyze does not endorse or claim ownership of, and is not liable for, any content (including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users or outside parties on the site), including with respect to (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party; or (b) the capabilities or reliability of any product or service obtained from the site, other than as required under applicable law. Under no circumstance will Fanalyze be liable for any loss or damage caused by a user’s reliance on information, products or services obtained through the mobile or a linked website or app. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, products, or other content available through the site or the services. You assume complete responsibility for your use of the site and any linked sites.

    This Fanalyze App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fanalyze, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fanalyze. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

    The Fanalyze app and website is 100% for entertainment purposes only and does not involve real money betting or prizes. If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER.

    Information About You and Your Visits to the Fanalyze App

    All information we collect on this Fanalyze App is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Fanalyze App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    Payment Terms

    Payments are due each month on the anniversary date of the date that you first authorize payment for the Services. Payments not received by this deadline are considered delinquent. We may terminate or suspend your account in the event payment is not timely received (see below for more information). We accept payment by credit card or other payment processors.

    Geographic Restrictions

    The owner of the Fanalyze App is based in the State of California in the United States. We provide this Fanalyze App for use only by persons located in the United States. We make no claims that the Fanalyze App or any of its content is accessible or appropriate outside of the United States. Access to the Fanalyze App may not be legal by certain persons or in certain countries. If you access the Fanalyze App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    Limitation Of Liability

    To the fullest extent permitted by law, Fanalyze, its affiliates and any other of its or their respective officers, directors, employees or agents will not be liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, or other economic advantage) arising out of or in connection with the app or the services, even if Fanalyze has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including, without limitation, damages due to: (a) the use of or the inability to use the app or services; (b) the cost of procurement of substitute services resulting from any data, information or services purchased or obtained, or messages received or transactions entered into, through or from the Fanalyze App; (c) statements or conduct of any third party on the Fanalyze App, including, without limitation, unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information that you may download, use, modify or distribute.

    To the fullest extent permissible under applicable law, Fanalyze’s aggregate liability, and the aggregate liability of its licensors, to you or any third parties for any claims arising out of the use of this site or its services is limited to the amount of any payments you made to Fanalyze. to the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the above limitation or exclusion may not apply.

    Indemnification

    You will indemnify, defend and hold Fanalyze, and its subsidiaries, affiliates, predecessors, successors in interest, officers, managers, agents, licensors and employees, harmless from any claims, demand, loss or expense, including reasonable attorneys’ fees, made by any third party relating to or arising out of your use of the Fanalyze App, your violation of these Terms of Use or your violation of any third party’s rights, including the infringement of a third party’s intellectual property rights by your Submissions.

    You agree not to hold Fanalyze responsible for any action, inaction, omission, or misstatement made by other users or for any harm arising from the Services or the Fanalyze App.

    Violations Of These Terms of Use; Termination

    Without prior notice and in our sole discretion, Fanalyze reserves the right to terminate your account and access to our Fanalyze App without refund and to block future access to our Fanalyze App for any violations of these Terms of Use.

    Waiver And Severability

    Any express waiver or failure to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms of Use will remain in full force and effect.

    Disputes; Governing Law

    All matters relating to the Fanalyze App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

    Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Fanalyze App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. By using the Fanalyze App, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    You are responsible for resolving disputes with other users. Fanalyze has no obligation with respect to disputes among users but may, in its sole discretion, intervene. You agree to promptly report any user misconduct to Fanalyze. You hereby release Fanalyze, its officers, employees, agents, predecessors, successors, parents, subsidiaries, assigns and affiliates from claims, demands, and damages, actual and consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, our Services or property or space made available through the Fanalyze App. If you are a California resident, you waive California Civil Code Section 1542, which states: “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.”

    Limitation on Time to File Claims

    Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Fanalyze App must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

    Headings

    Headings used herein are for convenience of reference only and will in no way affect the interpretation of these Terms of Use.

    Assignment

    You shall not assign the Terms of Use or any of your rights or obligations hereunder, and any purported assignment of the Terms of Use by you in contravention of the foregoing shall be null and void. No agency, partnership, employment, or joint venture is created through the Terms of Use.

    Force Majeure

    Fanalyze shall not be liable for any failure or delay in its performance under the Terms of Use (including, without limitation, provision of the Services) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, acts of third parties, failures of third party software or equipment (including, without limitation, Third Party Components), power or electrical failures, internet protocol packet loss or misrouting, and any internet connectivity failures.

    Entire Agreement

    These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Fanalyze with respect to the Fanalyze App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Fanalyze App.

    If you have not already done so, you should print or save a copy of the Terms of Use for your future reference.

    Your Comments and Concerns

    The Fanalyze App is operated by Fanalyze, Inc. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: dev@fanalyze.com.