Terms of Service · Fansmit

TERMS OF SERVICE

Last Updated: October 22, 2026

Fansmit, Inc. (“Fansmit,” “we,” “us,” or “our”) welcomes you. We provide access to (i) our website located at https://www.fansmit.com (the “Website”); (ii) our proprietary communications platform, including any features, functionality, content, tools, and services made available through or in connection with that platform, whether accessed through the Website, through any mobile application we make available (an “App”), or through any related online interface (collectively, the “Platform”), and any services, features, and functionality made available through them (collectively, the “Services”) subject to the following terms and conditions (the “Terms of Service”).

By clicking “I Agree,” by visiting and/or using our Website, Platform, or Services, or otherwise manifesting assent to this Agreement (as defined below), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and the terms and conditions of our privacy policy (the “Privacy Policy”), which are hereby incorporated into these Terms of Service and made a part hereof by reference (collectively, the “Agreement”). If you do not agree to any of the terms in the agreement, you may not access or use the Website, the Platform, or the Services.

If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, the Platform, or the Services, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website or provide you with notice of the modification at the last email address you gave us. By continuing to access or use the Website, the Platform, or the Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website, the Platform, and the Services.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

USE OF PERSONAL INFORMATION

Your use of the Website, the Platform, or the Services may involve the transmission of certain personal information to us. Our policies with respect to the collection and use of such personal information are governed by our Privacy Policy, which is hereby incorporated by reference in its entirety.

ELIGIBILITY

By accessing or using the Website, the Platform, or the Services, you represent and warrant that you are at least 13 years of age. If you are between the ages of 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Service on your behalf. If you are under the age of 13, you are strictly prohibited from creating an account or using the Website, the Platform, or the Services.

You further represent and warrant that:

You have not been previously suspended or removed from the Website, the Platform, or the Services.
Your registration and use of the Website, the Platform, and the Services complies with all applicable laws and regulations.
You do not reside in a country subject to a U.S. government embargo or designated as a terrorist-supporting country.

LICENSE TO USE THE APP; RESTRICTIONS ON USE

Fansmit hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the mobile App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. We reserve all rights in and to the App not expressly granted to you under these Terms of Service.

You will not (and will not authorize, permit, or encourage any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Website, the Platform, or the Services; (ii) modify, adapt, or translate the Website, the Platform, or the Services, or any portion or component thereof; (iii) make any copies of the Website, the Platform, or the Services, or any portion or component thereof; (iv) resell, distribute, or sublicense the Website, the Platform, the Services, or any portion or component thereof; (v) remove or modify any proprietary markings or restrictive legends placed on the Website, the Platform, or the Services; (vi) use the Website, the Platform, the Services, or any portion or component thereof in violation of any applicable law, in order to build a competitive product or service, or for any purpose not specifically permitted in this Agreement; (vii) introduce, post, or upload to the Website, the Platform, or the Services any virus, worm, “black door,” Trojan Horse, or similar harmful code; (viii) save, store, or archive any portion of the services (including, without limitation, any data contained therein) outside the Website, the Platform, or the Services other than those outputs generated through the intended functionality of the Website, the Platform, or the Services without our prior, written permission in each instance; (ix) make the Website, the Platform, or the Services available in connection with service bureau, timeshare, service provider, or like activity whereby you operate them for the benefit of a third party; or (x) circumvent any processes, procedures, or technologies that we have put in place to safeguard the Website, the Platform, or the Services.

If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the Website, the Platform, and the Services, or any portion thereof, without notice.

ACCOUNT CREATION

In order to access and use the Website, the Platform, and the Services, you will have to: (i) create an account by providing your name and email address; or (ii) log in using your Facebook, Google, Apple, or other social media login credentials (collectively, the “Account Credentials”). When creating your account, you must provide true, accurate, current, and complete information. Each Account Credential can be used by only one user. You are responsible for the confidentiality and use of your Account Credentials. You will promptly inform us of any need to deactivate any Account Credentials or change any Account Credentials. We reserve the right to delete or change your Account Credentials at any time and for any reason.

INTELLECTUAL PROPERTY

We retain all right, title and interest in and to the Website, the Platform, and the Services, all software and other technology relating to any of the foregoing, all any content or materials made available through any of the foregoing, together with all intellectual property rights embodied therein (“Content”). The Content may be owned by us or our licensors and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other intellectual property rights or laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement and the functionality of the Website, the Platform, and the Services. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary or legal notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content outside the Website, the Platform, and the Services in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access the Website, the Platform, and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Fansmit (the “Fansmit Trademarks”) used and displayed on the Website, the Platform, and the Services are registered and unregistered trademarks or service marks of Fansmit. Other company, product, and service names located on the Website, the Platform, and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Fansmit Trademarks, the “Trademarks”). Nothing on the Website, the Platform, or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specifically for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Fansmit Trademarks inures to our benefit.

Elements of the Website, the Platform, and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

USER-GENERATED CONTENT; LICENSES

The Website, the Platform, and the Services allow users to post and upload content, including, but not limited to, audio and/or visual content, text, graphics, ratings, reviews, and other materials (collectively, “User-Generated Content”). You expressly acknowledge and agree that once you submit User-Generated Content for inclusion into the Website, the Platform, or the Services, there is no confidentiality or privacy with respect to such User-Generated Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT FANSMIT, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER-GENERATED CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE, THE PLATFORM, OR THE SERVICES. We are not obligated to publish any User-Generated Content and can remove it in our sole discretion, with or without notice.

You retain all copyrights and other intellectual property rights in and to your own User-Generated Content. You do, however, hereby grant Fansmit and our sublicensees a non-exclusive, royalty-free, paid-up, freely sublicensable (through multiple tiers), perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your: (i) User-Generated Content; (ii) all intellectual property and moral rights therein; and (iii) your name, image, likeness, biography, and other indicia of your persona (“Persona”) in connection with your User-Generated Content, the Platform, the Website, and the Services, throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.

COMMUNITY GUIDELINES

By accessing the Website, the Platform, and the Services, you hereby agree to comply with the following guidelines:

You will comply with all applicable laws in your use of the Website, the Platform, and the Services and will not use them for any unlawful purpose;

If you are announcing a game, show, or other event, you will stay on topic and will not advertise, promote, or market any product, service, company, or cause, unless you have our prior, written permission in each instance (email acceptable);

You will not access or use the Website, the Platform, or the Services to collect any market research for a competing business;

You will not upload, transmit, or otherwise make available any content that:

infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or similar information.

You will not “stalk,” threaten, or otherwise harass another person;

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website, the Platform, or the Services;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website, the Platform, or the Services;

You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections on the Website, the Platform, or the Services;

You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, the Platform, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

You will not interfere with or attempt to interrupt the proper operation of the Website, the Platform, or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website, the Platform, or the Services through hacking, password or data mining, or any other means.

You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Website, the Platform, or the Services, or any portion thereof, without notice.

FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website, the Platform, and the Services (collectively, the “Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, THE PLATFORM, THE SERVICES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER FANSMIT NOR FANSMIT’ SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND FANSMIT HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE PLATFORM, THE SERVICES, OR THE CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE PLATFORM, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITE, THE PLATFORM, THE SERVICES, AND THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, THE PLATFORM, THE SERVICES, AND THE CONTENT ANY TIME WITHOUT NOTICE.

EXTERNAL SITES

The Website, the Platform, and the Services may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the Website administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.

YOUR REPRESENTATIONS AND INDEMNIFICATION

You hereby represent, warrant, and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User-Generated Content and any other works that you incorporate into your User-Generated Content, and all the rights necessary to grant the licenses and permissions you grant hereunder; (ii) use of your User-Generated Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and (iii) you shall not submit to the Website, Platform, or Services any User-Generated Content that violates our Community Guidelines set forth above or any other term of this Agreement.

You will indemnify, defend, and hold Fansmit and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Fansmit Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, fines, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Fansmit Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) your misuse of the Website, the Platform, the Services, and/or the Content; (iii) your negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.

COMPLIANCE WITH APPLICABLE LAWS

The Website, the Platform, and the Services are based in the United States. We make no claims concerning whether they may be viewed or be appropriate for use outside of the United States. If you access the Website, the Platform, or the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Website, the Platform, and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, the Platform, and/or the Services at any time without prior notice or liability.

DIGITAL MILLENIUM COPYRIGHT ACT

Reporting Claims of Copyright Infringement

We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

c/o Lowenstein Sandler, LLP

One Lowenstein Drive

Roseland, NJ 07068

Attention – Matt Savare, Esq.

contact@fansmit.com

If you believe that your work has been copied on the Website, the Platform, or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website, the Platform, or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Counter-Notification Procedures

If you believe that material you posted on the Website, the Platform, or the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above).

Pursuant to the Act, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website, the Platform, or the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The Act allows us to restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website, the Platform, or the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the Act.

BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Website, the Platform, the Services, or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All Disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New Jersey for purposes of any such action by us.

CONTROLLING LAW; EXCLUSIVE FORUM

The Agreement and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. Except for Disputes subject to binding arbitration pursuant to Section 11, the parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey, for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement

ACCESSING AND DOWNLOADING THE APP FROM APPLE APP STORE

The following terms apply to the App when you download the App from the Apple App Store. These terms are in addition to all other terms contained in these Terms of Service:

You acknowledge and agree that (i) these Terms of Service are concluded between you and Fansmit only, and not Apple; and (ii) Fansmit, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Fansmit and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fansmit.
You acknowledge that, as between Fansmit and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between Fansmit and Apple, Fansmit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
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.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App.

ACCESSING AND DOWNLOADING THE APP FROM GOOGLE PLAY STORE

The following terms apply to the App when you download the App from the Google Play Store.

These terms are in addition to all other terms contained in these Terms of Service:

You acknowledge that these Terms of Service are between you and Fansmit only, and not with Google, Inc. (“Google”).
Your use of the App must comply with Google’s then-current Google Play Terms of Service.
Google is only a provider of Google Play where you obtained the App.
Fansmit, and not Google, is solely responsible for the App.
Google has no obligation or liability to you with respect to the App or these Terms of Service.
You acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to the App.

MISCELLANEOUS

If the Agreement is terminated in accordance with the termination provision in Section 10 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “User-Generated Content; Licenses,” “Feedback,” “No Warranties; Limitation of Liability,” “Your Representations and Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. You may not assign this Agreement without our prior written consent. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.