Terms and Conditions

Privacy Policy

FanFare’s collection, use and disclosure of Personal Information are governed by these Terms and the Privacy Policy. As a condition of using the FanFareMusic Application, you acknowledge that additional agreements may be in place that govern your relationship with FanFare, including but not limited to the End User License Agreement and Privacy Policy, each of which is hereby incorporated by reference. You acknowledge and agree that these agreements may be updated from time to time, without prior notice. Any such change(s) will be effective as soon as FanFare posts a revised version of the applicable agreement. In the event of an otherwise irreconcilable conflict between these Terms and the End User License Agreement and Privacy Policy, these Terms will govern, solely with regard to the conflicting provisions and solely to the extent of such conflict. FanFare may track and archive certain information regarding your use of the FanFareMusic Application (“Use Information”). Use Information will be stored and processed in the United States. By using the FanFareMusic Application, you consent to the collection of your Use Information.

FanFare Music Mobile Application Terms and Conditions.

Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not use, download or install this software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions. PLEASE TAKE ADEQUATE TIME TO READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND FanFare AND ENTERING INTO ANY CONTRACT IS AN IMPORTANT DECISION.

You acknowledge that this agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to access and use the FanFareMusic Application (as defined below).

Use of the FanFareMusic Application

This agreement (“Terms”) is entered into between you and FanFare LLC., a Florida limited liability company (“FanFare”), which is providing the FanFare service. Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this software (“FanFare Music Application”) solely for personal, non-commercial purposes. Your right to access and use the FanFareMusic Application is personal to you and is not transferable by you to any other person or entity. You may not use the FanFareMusic Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) FanFare’s services; (ii) any other party’s use and enjoyment of FanFare’s services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the FanFareMusic Application (the “Authorized Device”). You will not (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the FanFareMusic Application or any portion of the FanFareMusic Application or (ii) bypass any robot exclusion headers or other measures FanFare may use to prevent or restrict access to the FanFareMusic Application. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the FanFareMusic Application, including, without limitation, any usage rules set forth in the online application store terms of service. From time to time, FanFare may automatically check the version of the FanFareMusic Application installed on the Authorized Device and, if applicable, provide updates for the FanFareMusic Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the FanFareMusic Application. By installing the FanFareMusic Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the FanFareMusic Application and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates). FanFare inc. reserves the right to temporarily disable or permanently discontinue any and all the functionality of the FanFareMusic Application at any time without notice and with no liability to you. For the avoidance of doubt, agreement to these Terms is solely between FanFareMusic and you. If you need to contact FanFare about the FanFareMusic Application, you may do so by emailing support@FanFare.com.

Your Eligibility

The FanFare Music Application is intended for adults only, and is not directed at minors. The FanFareMusic Application may only be used by individuals who have the capacity to enter into legally binding contracts under applicable law. You represent that you are at least eighteen (18) years old, or the age of majority in your state and have the capacity to be bound by this Agreement. For purposes of this Agreement, “you” shall mean you personally.

You Must Maintain the Integrity of Your Information

To use the FanFare Music Application, you may be required to provide FanFare with information about you (“Personal Information”). If you provide Personal Information to FanFare, then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Personal Information current, and to update your Personal Information if any of it changes.

You Must Maintain the Security of Any Password Issued to You

Access to the FanFare Music Application is account-based. To access and/or use the FanFareMusic Application you are required to register an account and create a password or log in to an account created for you. In either case, a password may be required for the FanFareMusic Application, and it is your sole responsibility to maintain the security of that password and to immediately change your password if it was provided to you by a third-party. You agree that FanFare shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password or account by a third party.

Electronic Communications

When you use the FanFare Music Application or send emails or otherwise submit information to FanFare, you are communicating with FanFare electronically. You consent to receive communications from FanFare electronically and via any e-mail address you provide to FanFare for any purposes. Although FanFare may choose to communicate with you by regular mail, FanFare may also choose to communicate with you by e-mail or by posting notices in the Services. You agree that all agreements, notices, disclosures and other communications that FanFare provides to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Data Costs

You are responsible for obtaining and maintaining all internet access services, Authorized Device, and other equipment or services needed to access and use the FanFareMusic Application. You acknowledge that you are solely responsible for obtaining the Authorized Device, and any rates and fees charged by your mobile carrier (or other service provider) for cellular service, data and any other costs related to the use of the FanFareMusic Application. FanFare shall not be liable for any overage charges associated with any data plan you use to access the FanFareMusic Application.

You Must Notify FanFare of a Breach

You agree to immediately notify FanFare of any unauthorized use of your password, any unauthorized use of any account that you may have with FanFare, any violation of these Terms, or any other breach of security known to you in connection with the FanFareMusic Application, by sending an email to: support@FanFare.com.

Proprietary Rights

You hereby acknowledge that a third party provider owns all rights, title and interest in and to the FanFareMusic Application and to any and all proprietary and confidential information contained therein (“FanFareMusic Information”). The FanFareMusic Application and FanFareMusic Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the FanFareMusic Application or otherwise attempt to derive source code from the FanFareMusic Application; (ii) copy, distribute, transfer, sell or license the FanFareMusic Application; (iii) transfer the FanFareMusic Application to, or use the FanFareMusic Application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the FanFareMusic Application; (v) use the FanFareMusic Application to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter FanFare’s or its third party provider’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the FanFareMusic Application. Content made available through the FanFareMusic Application (“Content”) is protected by applicable intellectual property rights and is the property of FanFare, its third party licensors, service providers, and partners (as applicable), and other entities that provide such content to FanFare. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the FanFareMusic Application hereunder.

Export Restrictions

FanFare LLC. does not represent that the FanFareMusic Application is appropriate or available for use in any geographical location. Any entity or person choosing to use the FanFareMusic Application is solely responsible for compliance with all applicable laws. The FanFareMusic Application is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into Burma, Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury DeparMusicent’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce DeparMusicent’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading and/or using the FanFareMusic Application, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.

Termination

You may terminate acceptance of these Terms at any time by permanently deleting the FanFareMusic Application in its entirety from the Authorized Device, whereupon (and without notice from FanFare) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the FanFareMusic Application from the Authorized Device. FanFare may terminate these Terms at any time without cause and without any liability to you.

Indemnity

You agree to hold harmless and indemnify FanFare and its subsidiaries, affiliates, officers, agents, partners, service provider, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the FanFareMusic Application or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, FanFare will provide you with written notice of such claim, suit or action.

FanFare Makes No Representations or Warranties

THE FanFareMusic APPLICATION IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FanFare AND ITS SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FanFareMusic APPLICATION, THE SOFTWARE, OR FanFare CONTENT, INCLUDED ON OR ASSOCIATED WITH THE FanFareMusic APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FanFareMusic APPLICATION IS AT YOUR SOLE RISK.

FanFare DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF FanFare CONTENT, OR THE FanFareMusic APPLICATION, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY, OR FITNESS FOR A PARTICULAR PURPOSE OF FanFare CONTENT OR THE FanFareMusic APPLICATION. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF FanFare CONTENT, AND THE FanFareMusic APPLICATION.

Limitations on FanFare’s Liability

FanFare SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF YOUR BREACH OR VIOLATION OF THE TERMS OR YOUR ACCESS AND USE OF THE FanFareMusic APPLICATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FanFare AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT SHALL FanFare'S LIABILITY AND THE LIABILITY OF ITS SERVICE PROVIDERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, PARTNERS AND AGENTS ARISING OUT OF THIS AGREEMENT EXCEED $100.

YOU AND FanFare AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FanFareMusic APPLICATION OR YOUR USE THEREOF, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Entire Agreement; Revisions to Terms.

FanFare may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the “FanFareMusic Terms of Use” is posted in the online application store or any other authorized FanFareMusic Application distribution location. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of the then-current version of the “FanFareMusic Terms of Use” in the online application store or any other authorized FanFareMusic Application distribution location. Your use of the FanFareMusic Application following such changes constitutes your acceptance of the revised version of the “FanFareMusic Terms of Use” in the online application store or any other authorized FanFareMusic Application distribution location.

Governing Law

You agree that: (i) the use of the FanFareMusic Application shall be deemed solely based in the State of florida; and (ii) the use of the FanFareMusic Application does not give rise to personal jurisdiction over FanFare, its affiliates and assigns, either specific or general, in jurisdictions other than the State of florida. These Terms are to be governed by and construed in accordance with the internal laws of the State of florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms by you as provided above, shall be brought in the courts of florida.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that are unlawful, void or unenforceable shall be stricken.

The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms.

These Terms, the Privacy Policy [https://www.fanfareofficial.com/legal], and all aspects of your relationship with FanFare, including any personal information or data associated therewith, may be disclosed and/or assigned by FanFare to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in these Terms is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including the Services) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

If you have questions, comments, concerns or feedback regarding these Terms or the FanFareMusic Application, please contact FanFare via the email: support@FanFare.com

EULA

End User License Agreement

This FanFare End User License Agreement (“Agreement”) is a binding agreement between you (“User” or “you”) and FanFare LLC (“FanFare”). This Agreement governs your use of the FanFare services, content, materials, documentation, information, and data made available to you, and that you make available to FanFare, through the FanFare application (collectively, the “Application”).

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE (18) TO ENTER INTO THIS AGREEMENT AS A BINDING OBLIGATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE(S).

THIS AGREEMENT CONTAINS IMPORTANT LEGAL PROVISIONS REGARDING YOUR RIGHTS IN CONNECTION WITH USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, PROVISIONS RELATED TO DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, INDEMNITY, GOVERNING LAW, AND DISPUTE VENUE, AMONG OTHERS. YOU ARE ENCOURAGED TO SCROLL THROUGH THIS AGREEMENT FROM BEGINNING TO END AND TO READ THE AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING IT. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS OF THIS AGREEMENT, PLEASE CONTACT FanFare USING THE CONTACT INFORMATION PROVIDED BELOW.

1.) Right of Use. FanFare makes this Application available to individual users who have subscribed to the Application. FanFare grants to you a limited, non-exclusive, and nontransferable right to use the Application on devices owned or otherwise controlled by you (“Device”) subject to the terms of this Agreement and to any third-party provider terms and conditions, including but not limited to the App Store Terms of Service. In order to use the Application, you agree to provide to FanFare authentication tokens, when applicable, for your Social Networks, as that term is defined below, and you will have the option to provide certain other data from your Social Networks (collectively, “User Data”).

2.) Restrictions. Notwithstanding the rights granted in Section 1 above, you shall not: (a) copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; (f) access the Application to create a competitive or replacement application or related service; (g) use the Application in or in association with the design, construction, maintenance, or operation of any hazardous environments or systems, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments; (h) include personal health information (as defined in the Health Insurance Portability and Accountability Act of 1996, as amended) in any electronic notes within the Application; or (i) use any data resulting from the Application for any purpose other than your own personal purpose nor sell any of the resulting data or your Application access credentials, nor retain, use or disclose the resulting data from your use of the Application for the benefit of any third party (other than the use of such resulting data to identify and approach prospective customers pursuant to the terms and conditions under this Agreement).

3.) Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. FanFare and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4.) Your Responsibilities. You may be responsible for the safekeeping, proper use and management of all passwords or other access controls to the Application. If you are responsible for the safekeeping, proper use and management of all passwords or other access controls to the Application, you shall securely store your password to the Application and ensure your password is used only for the uses permitted under this Agreement. If you learn of any loss or unauthorized use of your passwords, you shall promptly notify FanFare of the same and reasonably cooperate in the investigation of the incident and take reasonable steps to mitigate the adverse consequences and damages arising from such loss or unauthorized use. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

5.) Collection and Use of Your Information. You acknowledge that when you use the Application, FanFare may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. Furthermore, you acknowledge that the Application gathers information through your third party social media platforms that integrate with the Application as approved by FanFare in its sole discretion, including, but not limited to Facebook, Apple and Spotify (each, a “Social Network”). By using and providing User Data and Social Media Data (as defined below) to or through this Application, you consent to FanFare using such User Data and Social Media Data solely to provide the Application. Additionally, you represent and warrant that you have all necessary rights, permissions, and authorizations to provide the User Data to FanFare. FanFare shall not use your User Data for any other purpose except providing you with the Application and shall not sell your User Data or Social Media Data to any third party

6.) Social Network Information. You agree to provide FanFare access to content, data, or information made available on applicable Social Networks or through a Social Network’s API (“Social Media Data”). You acknowledge that the applicable Social Network owns all right, title and interest in and to the Social Media Data. For the avoidance of doubt, Social Media Data does not include User Data. The use of Social Media Data is subject to the applicable terms and conditions of the applicable Social Network, including the respective Social Network’s privacy policy. For use of Social Media Data, you agree to abide by the applicable terms and conditions of the applicable Social Network, which are referenced in the below chart.

Social Network Location of Terms and Conditions

Facebook

https://www.facebook.com/terms.php

https://www.facebook.com/policy.php

Apple

https://www.apple.com/legal/internet-services/itunes/us/terms.hMusicl

https://www.apple.com/legal/privacy/en-ww/

Spotify

https://www.spotify.com/us/legal/end-user-agreement/

https://www.spotify.com/us/legal/privacy-policy/

7.) Updates. FanFare may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that FanFare has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that FanFare and its third-party providers have no obligation whatsoever to furnish and maintenance or support services. Based on your Device settings, when your Device is connected to the internet either the Application will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8.) Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, (“Third-Party Materials”). You acknowledge and agree that FanFare is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. FanFare does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

9.) Suspension. Without limitation and by way of example only, FanFare may suspend access to any portion or all of the Application if FanFare reasonably determines that (a) there is a threat of harm to or actual harm to any of the components comprising the Application; (b) your use of the Application disrupts or poses a risk to any of the components comprising the Application or to Third-Party Materials; or (c) you are misusing the Application, including without limitation, for unauthorized, fraudulent, or illegal activities.

10.) Term and Termination. The term of this Agreement commences when you acknowledge your acceptance and will continue in effect for the duration of your use of the Application, unless terminated by you or FanFare as set forth above and in this Section (the “Term”). You may terminate this Agreement by discontinuing use of the Application and deleting all copies thereof from your Device(s). FanFare may terminate this Agreement at any time without notice if it ceases to support the Application, which FanFare may do in its sole discretion. In addition, FanFare may terminate this Agreement and your access to the Application immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Application and delete all copies of the Application from your Devices and account. Termination will not limit any of FanFare’s rights or remedies at law or in equity. You hereby acknowledge and agree that FanFare has no obligation to refund any fees paid by you for access to and use of the Application if your right to access and use the Application has been suspended or terminated for any reason as set forth in Section 8 or you terminate this Agreement as set forth above.

11.) Disclaimer of Warranties. WHILE FanFare ENDEAVORS TO USE REASONABLE EFFORTS TO MAINTAIN THE APPLICATION, THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FanFare, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, FanFare PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SOCIAL MEDIA WEBSITES, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

In the event any third-party provider refunds the purchase price of the Application to you, to the maximum extent permitted by applicable law, such third-party provider will have no other warranty obligation whatsoever with respect to the Application.

You agree that any of FanFare’s third-party providers are not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

12.) Waiver of Damages; Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FanFare, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “FanFare PARTIES”) HAVE ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FanFare PARTIES IN THE AGGREGATE BE LIABLE FOR ANY DAMAGES IN A TOTAL AMOUNT EXCEEDING THE GREATER OF (A) FEES PAID BY YOU TO FanFare IN THE PREVIOUS TWELVE (12) MONTHS TO USE THE APPLICATION OR (B) THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING WAIVERS AND LIMITATIONS APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER FanFare WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WAIVERS AND LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE WAIVERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

13.) Indemnification. You agree to indemnify, defend, and hold harmless each of the FanFare Parties from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

14.) Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

15.) Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.

16.) Law. This Agreement is governed by and construed in accordance with the internal laws of the State of florida 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 this Agreement, the Form, or the Application shall be instituted exclusively in the state or federal courts located in the State of florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17.) Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and FanFare with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

18.) Third Party Beneficiaries. You acknowledge and agree that FanFare’s third-party providers are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, such third-party providers will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the you as a third party beneficiary hereof.

19.) Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

20.) Contact Us. If you have any questions regarding this Agreement, please contact us via email:

Via Email: legal@fanfareofficial.com