This Agreement includes important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. Some exceptions to the Agreement may apply based on your country of residence.
FaintLines, Inc. may modify this Agreement at any time, and if we do, we will notify you by posting the modified Agreement on the Site and in the App. It's important that you review any modified Agreement before you continue using the Services. If you continue to use the Services, you are bound by the modified Agreement. If you do not agree to be bound by the modified Agreement, then you may not use the Services.
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES.
SECTION 10 "DISPUTE RESOLUTION" CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. If you are a user in the European Economic Area ("EEA"), or any other country that does not allow such arbitration agreement, Section 10 does not apply to you.
Adventures. Our Services are designed to enable you to interact in shared game worlds blended with information from the real world, including real websites and social media platforms, with fictional features and characters (each, an "Adventure"). The storyline of our Adventures may be personalized or tailored to you. For example, names of characters and locations may be changed based on the location you are in. Our Adventures may also allow you to interact with other users or actors so you can play together or communicate using chat features through or outside of the Services.
Security. While we provide reasonable precautions to protect your personal information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
Access to Services.
5.1. License. Subject to this Agreement, FaintLines, Inc. grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the Services and Content therein solely for the permitted use within the Services. "Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services. Content includes User Content (defined below).
5.2. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, host, or otherwise commercially exploit the Services or Content, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, application, product, or service; (d) except as expressly stated herein, no part of the Services or Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and, (e) you shall abide by the Acceptable Use Policy (defined in Section 8). Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services (or on any Content displayed on the Services) must be retained on all copies thereof.
5.3. Modification. The Services are provided to you as a convenience and for your information only. We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you at our sole discretion. You agree that FaintLines, Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
5.4. No Support or Maintenance. You acknowledge and agree that FaintLines, Inc. will have no obligation to provide you with any support or maintenance in connection with the Services.
5.5. Ownership. Excluding any User Content (defined below) that you may provide and copyrights, patents, trademarks, and trade secrets held and protected by a third party, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its contents are owned by FaintLines, Inc. and/or its licensors. Neither this Agreement, nor your access to the Services, transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Section 5. FaintLines, Inc. and its subsidiaries or parent company, service providers, and affiliates, reserve all rights not expressly granted in this Agreement. There are no implied licenses granted under this Agreement.
5.6. Open Source. Certain items of independent, third-party code may be included in the Services that are subject to the GNU General Public License ("GPL") or other open-source licenses ("Open-Source Software"). The Open-Source Software is licensed under the terms of the license that accompanies such Open-Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end-user license for such Open-Source Software. In particular, nothing in this Agreement restricts your right to copy, modify and distribute such Open-Source Software that is subject to the terms of the GPL.
5.7. Consent to receive telephone calls and text messages from FaintLines, Inc. and Actors.
5.7.1. Consent. If you elect to receive automated transactional text messages and/or calls from FaintLines, Inc., these messages will be sent to the telephone number provided during the time of your opt-in. One of the Services' and actor's primary methods of communication with you about and during Adventures and interaction with the Services is by text message or telephone call. Text message and call frequency varies based on your use of the Services and interaction with FaintLines, Inc. and the Services. Message and data rates may apply.
5.7.2. Opt-Out and Assistance. To opt-out of any future text messages or telephone calls, reply "STOP" to stop receiving text messages from FaintLines, Inc. and others texting on our behalf, including characters or actors in an Adventure. For further assistance, reply to any text message from us with the word "HELP", email us at email@example.com, or ask the caller for assistance. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that once you exercise your legal right to opt-out of receiving transactional text messages, you will no longer be eligible to participate in Adventures and your access and use of the Services may be subject to termination because FaintLines, Inc. and actors can no longer provide you an essential function of the Service, which is communicating with you during and about the Services.
5.7.3. Update Mobile Telephone Number. You agree to provide FaintLines, Inc. with a valid mobile telephone number. You agree to promptly update your mobile telephone number upon any change of your mobile telephone number and to opt-out of receiving text message communications using your previous phone number before changing your telephone number applicable to the Services. To the extent permitted by applicable law, you agree that FaintLines, Inc. will not be liable for failed, delayed, or misdirected delivery of any information sent through the text message program or telephone call, any errors in such information, and/or any action you may or may not take in reliance on the content of the text messages or calls.
5.8. Limitation of Services
5.8.1. Intended Use of Services The Services are intended to be accessed and used for non-time-critical purposes. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond FaintLines, Inc.'s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and operators, among others. You acknowledge these limitations and agree that FaintLines, Inc. is not responsible for any damages allegedly caused by the failure or delay of the Services.
5.8.2. Reliability of Services. You acknowledge that the Services are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through Wi-Fi networks, enabled wireless device (such as a phone or tablet) and broadband internet access, or cellular service, for which neither FaintLines, Inc. nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, "Service Interruptions"). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption.
5.8.3. Service Interruptions; no refund or rebate.The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. FaintLines, Inc. does not offer any specific uptime guarantee for the Services.
5.8.4. Outages. In the event of any Service Interruptions to the Wi-Fi network or internet service with which you are connected, the Services may be unreliable or unavailable for the duration of the Service Interruption. Further, features and functionalities of the Services may be unavailable on you for the duration of the Service Interruption.
5.9. App Stores. You acknowledge and agree that the availability of the Services may be dependent on the third-party websites from which you download the Apps, e.g., the Google Play Store from Google or the App Store from Apple (each an "App Store"). You acknowledge that this Agreement is between you and FaintLines, Inc. and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Apps from it. You agree to comply with such App Store terms and conditions, and your license to use the Services is conditioned upon your compliance with such App Store terms and conditions. To the extent that such other terms and conditions from such App Store are less restrictive than or otherwise conflict with the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.
6.1. User Content. "User Content" means any and all information, data, and Content that a user submits to, creates, or uses with, the Services. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 8). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by FaintLines, Inc. Please be aware that information provided in the User Content may be publicly visible. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. You are also responsible for any actions you take in reliance on User Content of other users. You acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.
6.2. License. You hereby grant, and you represent and warrant that you have the right to grant, to FaintLines, Inc. an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of researching or developing new products and/or services and including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. By posting User Content, you attest that you are not restricted or prohibited from making such content publicly available under law or contractual or fiduciary relationships.
6.3. Recordings and Use of Likeness. While participating in an Adventure, the Services may allow you to make recordings of your voice. In order to use this feature, you will need to enable your microphone on your device. We may use your recordings, and transcribe data, in connection with the Adventures and to otherwise enhance the Services. By using your microphone and making recordings, you agree that you have all rights in and to such recordings; you consent to and approve of FaintLines, Inc.'s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice during the use of our Services; and you hereby grant FaintLines, Inc. a perpetual, irrevocable, royalty free right to use your User Content in connection with the Services, as we deem fit and as permitted by law. We may use User Content in promotional and marketing materials and on social media in accordance with this Agreement. You are responsible for ensuring that there is nothing unintentionally included in the recordings or other User Content, including any background noises or voices. We will have no liability to you, or anyone else, for a claim that any recording or User Content that you submit includes data that you are not permitted to share.
Third Party Websites or Resources; Other Users.
7.1. Third-Party Resources. Our Services may contain links or directions to navigate to third party websites, applications, advertisements, or resources (collectively, "Third-Party Resources"). FaintLines, Inc. may set up accounts on certain Third-Party Resources for you to interact with during an Adventure provided by our Services. We are not responsible for services on or available from those Third-Party Resources, or links displayed on such Third-Party Resources. When you use any Third-Party Resource as part of an Adventure or our Services, the applicable Third-Party Resources' terms and policies apply, including the third party's privacy and data gathering practices. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any Third-Party Resources.
7.2. Third-Party Services. FaintLines, Inc. is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services ("Third-Party Services"). Such Third-Party Services may affect your ability to utilize the Services and you hereby waive and release FaintLines, Inc. and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such Third-Party Services.
7.3. Other Users. Your interactions with other users of the Services, Adventure participants, and/or Adventure characters and actors ("Other Users") are solely between you and such Other Users, whether such interactions occur while using our Services or outside of our Services. You agree that FaintLines, Inc. will not be responsible for any loss, injury, or damage incurred as the result of any such interactions. We have no obligation to become involved or to assist in resolving any dispute between you and any Other Users. Please be mindful of the information you provide in public interactions on the Services or when interacting with characters in the Adventures.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
8.1. User Content. You agree not to use the Services to create, collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
8.2. Safe and Appropriate Use. While you are using our Services, please be aware of your surroundings, and play and communicate safely. Some Adventures may take place in real locations, on public or private property, and you are responsible for abiding by any rules and regulations of such locations. We will not be responsible for any harm you cause to yourself, any other individuals or to any property while you are participating in, or in connection with, an Adventure. You agree that your use of the Services is at your own risk. You agree that you will not use the Services to violate any applicable law, regulation, or instructions as outlined in this Agreement, and you will not encourage or enable any other individual to do so. By offering the Adventures and other Services, we make no representation that it is medically safe or healthy for you to participate, and you must make your own judgment before participating in any Adventure. If you have any concerns regarding the safety of an Adventure, please consult with a healthcare professional before participating in an Adventure or using our Services. The Services and Adventures often blend fiction with reality. The Services allow you to interact with actors as part of an Adventure, and you may not be able to determine whether a character or a user is communicating for himself or herself, or whether such an individual is an actor. Please communicate safely with all individual users.
8.3. Your Interactions with Other People. You agree that when using the Services, you will maintain safe and appropriate contact and communication with other players, Service actors, and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, sexual harassment, property damage, nuisance, or liability of any kind. You hereby release FaintLines, Inc. from any liability, claim, obligation, loss or demand arising out of or in any way connected with any disputes between you and any third party relating to your use of the Services.
8.4. Conduct, General Prohibitions, and FaintLines, Inc.'s Enforcement Rights. You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
8.4.1. collect, store or share any personally identifiable information of other users from the Services without their express permission;
8.4.2. extract, scrape, or index the Services or Content (including information about users or gameplay);
8.4.3. use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by this Agreement, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;
8.4.4. attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by FaintLines, Inc. or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
8.4.5. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
8.4.6. use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
8.4.7. bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by FaintLines, Inc. or any of FaintLines, Inc.'s providers or any other third party (including another user) to protect the Services or Content;
8.4.8. use, display, mirror, or frame the Services, Content, or any individual element within the Services or Content, FaintLines, Inc.'s name, any FaintLines, Inc. trademark, logo, or other proprietary information, or the layout and design of any page or App without FaintLines, Inc.'s express written consent;
8.4.9. post, publish, submit or transmit any User Content that infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
8.4.10. upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
8.4.11. access, tamper with, or use nonpublic areas of the Services, FaintLines, Inc.'s computer systems, or the technical delivery systems of FaintLines, Inc.'s providers;
8.4.12. attempt to probe, scan, or test the vulnerability of any FaintLines, Inc. system or network or Service, or breach any security or authentication measures;
8.4.13. interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
8.4.14. use any meta tags or other hidden text or metadata utilizing a FaintLines, Inc. trademark, logo, URL, or product name without FaintLines, Inc.'s express written consent;
8.4.15. forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
8.4.16. interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, encrypting, or mailbombing the Services;
8.4.17. send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
8.4.18. delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
8.4.19. violate any applicable law, rule, regulation or policy; or
8.4.20. encourage or enable any other individual to do any of the foregoing.
8.5. Content Review. Although FaintLines, Inc. is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with this Agreement, to comply with applicable law or other legal requirements, or for any other lawful purpose. We reserve the right to remove or disable access to any Content, at any time and without notice. FaintLines, Inc. may remove any Content we consider to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
8.6. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF THIS AGREEMENT AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
8.7. Assumption of Risks. Unless prohibited by applicable law, you agree that by downloading the Apps or utilizing our Services, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the use of the Service and participation in an Adventure, including injury by any cause and damage, loss, or theft of property. You acknowledge that Adventures, and certain activities during Adventures, have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d) weather related hazards, (f) judgment and/or behavior related problems by the general public (e.g., erratic or inappropriate behavior or errors in judgment by individuals in public or online), and (g) natural hazards. You agree to take reasonable precautions before participating in an Adventure and its tasks and activities. You further understand and acknowledge it is your responsibility to use good judgement while participating in Adventures. You acknowledge that it is your responsibility to determine for yourself whether the Adventure locations and areas are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately cease participation in the Adventure and notify FaintLines, Inc. at firstname.lastname@example.org.
8.8. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, suspending or terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
8.9. Feedback. If you provide us with any feedback, ideas, or suggestions (whether via e-mail, dedicated forms, or other methods) regarding the Services, including any ideas or suggestion related to proposed Adventures ("Feedback"), you hereby assign to us all rights in such Feedback and agree that FaintLines, Inc. shall have the right to use (or not use) and fully exploit such Feedback and related information in any manner it deems appropriate, without notice or compensation to you. You will not have any ownership rights in the Feedback. FaintLines, Inc. will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
9.1. FaintLines, Inc. owns, protects and enforces copyright and other rights in our own intellectual property, and respects the intellectual property rights of others. We will expeditiously respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
9.2. In connection with the Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Service who are repeat infringers of intellectual property rights, including copyrights. During this process, we will take down the alleged infringing content, and take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law.
9.3. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement and delivering it to FaintLines, Inc.'s Designated Copyright Agent.
9.4. The following information in the form of a written DMCA Notice of Alleged Infringement must be provided to our designated Copyright Agent, who can be reached at the address set forth below:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on the Services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
9.5. Notice of alleged infringement must be sent by e-mail to our DMCA Agent, Gilad Raichstain at email@example.com, or by certified mail and marked "Copyright Infringement", Attn: DMCA Agent at FaintLines, Inc. at 5 Rockcrest Rd, Manhasset, New York 11030, USA.
9.6. Before filing a notice of copyright infringement, please make a careful determination as to whether or not the use of the material at issue is or may be protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, please seek the advice of legal counsel.
9.7. To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following:
identification of the allegedly infringing material that was removed or disabled;
a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
your name, address, and telephone number;
a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent;
and the signature, physical or electronic, of you or a person authorized to act on your behalf.
Dispute Resolution. Please read this Section 10 ("Arbitration Agreement") carefully. It is part of your contract with FaintLines, Inc. and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
10.1. YOU AGREE THAT DISPUTES BETWEEN YOU AND FAINTLINES, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
10.2. THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE \"ARBITRATION\" SECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 10.17, "ARBITRATION," BELOW.
10.3. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or Services provided by FaintLines, Inc. that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and FaintLines, Inc., and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
10.4. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to FaintLines, Inc. should be sent to: 5 Rockcrest Rd, Manhasset, New York 11030, USA. After the Notice is received, you and FaintLines, Inc. may attempt to resolve the claim or dispute informally. If you and FaintLines, Inc. do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
10.5. Arbitration Rules.
10.5.1. Arbitration shall be initiated through the American Arbitration Association ("**AAA**")**,** an established alternative dispute resolution provider ("**ADR Provider**") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.
10.5.2. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "**AAA Rules**") governing the dispute are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
10.5.3. The arbitration shall be conducted by a single, neutral arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Notice, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
10.5.4. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
10.5.5. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings.
10.5.6. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the FaintLines, Inc. made to you prior to the initiation of arbitration, FaintLines, Inc. will pay you the greater of the award or $2,500.00.
10.5.7. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
10.6. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
10.7. Time Limits. If you or the FaintLines, Inc. pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
10.8. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and FaintLines, Inc., and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and FaintLines, Inc.
10.9. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and FaintLines, Inc. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FAINTLINES, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
10.10. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
10.11. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
10.12. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
10.13. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
10.14. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with FaintLines, Inc.
10.15. Small Claims Court. Notwithstanding the foregoing, either you or FaintLines, Inc. may bring an individual action in small claims court.
10.16. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
10.17. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
10.18. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, USA, for such purpose.
Age Requirements. By using the Services, you affirm that you are of sufficient legal age in your jurisdiction or residence, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement, and to abide by and comply with the Agreement.
Objectionable Material. You acknowledge that, in using the Services and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
Indemnification. Unless prohibited or limited by law, you agree to indemnify and hold FaintLines, Inc., our affiliates, subsidiaries, or parent company, or any of our respective officers, directors, stockholders, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, or other representatives, and each person acting by, through, under or in concert with such parties, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) assessed or incurred by such parties, directly or indirectly, with respect to or arising out of: (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations or (d) your User Content. FaintLines, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FaintLines, Inc. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14.1. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND FAINTLINES, INC. (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE CURRENT, ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
14.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Release. To the maximum extent permitted by law, you hereby release and forever discharge FaintLines, Inc. our affiliates, subsidiaries, or parent company, or any of our respective officers, directors, stockholders, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, or other representatives, and each person acting by, through, under, or in concert with such parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services or your participation in any Adventure, including any interactions with, or act or omission of, other Service users, actors, the general public, or any third-party websites or resources. IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, USA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Limitation on Liability.
16.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FAINTLINES, INC. OUR AFFILIATES, SUBSIDIARIES OR PARENT COMPANY, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, ADMINISTRATORS, AGENTS, PARTICIPANTS, ATTORNEYS, EMPLOYEES, EXECUTORS, HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, OR OTHER REPRESENTATIVES, AND EACH PERSON ACTING BY, THROUGH, UNDER OR IN CONCERT WITH SUCH PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR USER CONTENT, EVEN IF FAINTLINES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
16.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT AND THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
16.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination. This Agreement will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account, if any) at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of your rights under this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve permanent deletion of your User Content associated with your Account. FaintLines, Inc. will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Account or deletion of your User Content. Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 4 through 7, Section 8.1, Section 8.7, Section 8.9, Section 10, and Sections 12 through 18, inclusive.
18.1. Changes. This Agreement is subject to revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Services. If you have provided us with an e-mail address, you are responsible for ensuring that it is your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement will be effective upon the earlier of seven (7) calendar days following our dispatch of an e-mail notice to you (if applicable) or seven (7) calendar days following our posting of notice of the changes on any of the Services. These changes will be effective immediately for new users of the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
18.2. Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from FaintLines, Inc., or any products utilizing such data, in violation of the United States export laws or regulations.
18.3. California Disclosure. FaintLines, Inc. is located at the address set forth below. If you are a resident of the state of California, USA, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
18.4. Electronic Communications. By using the Services, you (a) consent to receive communications from us in an electronic form, including through the use of text messages and phone calls, both on behalf of FaintLines, Inc. and on behalf of actors in connection with an Adventure; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. We will only contact you via text message or phone calls if you provide us with your phone number and authorize us to communicate with you in connection with the Services.
18.5. Force Majeure. Neither party will be responsible to the other for any delay in performing under this Agreement which results from civil disturbance, undeclared or declared war or other hostilities, acts of terrorism, acts of anarchy, labor strikes or interruptions, earthquakes or other acts of Nature or acts of God, governmental orders, diseases, pandemics, or any cause beyond the reasonable control of such party.
18.6. Governing Law; Jurisdiction and Venue. To the extent that the Agreement allows you or FaintLines, Inc. to initiate litigation in a court, other than for small claims court actions, you agree that this Agreement and all matters relating to your access to, or use of, the Services will be governed by the laws of the State of New York, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of New York, USA, for any dispute arising out of or relating to this Agreement and the parties waive any objection based on venue or inconvenient forum.
18.7. Entire Agreement. The Agreement constitutes the entire and exclusive understanding and agreement between FaintLines, Inc. and you regarding the Services and Content, and the Agreement supersedes and replaces any and all prior oral or written understandings or agreements between FaintLines, Inc. and you regarding the Services and Content.
18.8. Waiver. FaintLines, Inc.'s failure to enforce any right or provision of the Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FaintLines, Inc. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise.
18.9. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
18.10. Local Laws. We make no representation that any materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
18.11. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".
18.12. Relationship of Parties. Your relationship to FaintLines, Inc. is that of an independent contractor, and neither party is an agent or partner of the other.
18.13. Assignment and Delegation. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FaintLines, Inc.'s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
18.14. Copyright/Trademark Information. Copyright © 2021 FaintLines, Inc., Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed in connection with the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
18.15. Contact Information. If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at:
5 Rockcrest Rd
New York 11030
Last modified: October 26, 2021