Last Revised: October 15, 2018
Famous NYC Inc., its subsidiaries and affiliates, d/b/a Famous, (“Famous”, “Company”, “we” or “us”) welcome you to our "Famer" mobile application (the "App"). The App enables you to receive remote sport coaching services from sports coaches or trainers around the globe, as further detailed below. Users of our App (“User“ or “you“) may only use the App in accordance with the terms and conditions hereunder.
THE APP IS AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST THIRTEEN (13) YEARS OLD (SEE FURTHER SECTION 7 BELOW) AND POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TERMS AND TO FORM A BINDING AGREEMENT UNDER ANY APPLICABLE LAW.
01/Acceptance of the Terms
Our App is available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law.
You acknowledge that your ability to access and use the App is conditioned upon the above-mentioned.
Our App provides interactive sport coaching and training solutions for trainees who wish to receive personal training lessons from coaches or trainers selected or enabled by Famous for this purpose that have registered to our App (the "Trainer(s)"), without the need to meet in person with such trainer(s). It also allows you to upload and share User Generated Content (as defined below) and participate in challenges that are posted from time to time by us on the App ("Challenges").
By filling in a "player card" or any part of thereof, and opening an account (as further detailed below), you may start receiving training services that consist of (i) Receiving written training instructions and programs from a Trainer chosen by You, from a list of Trainers available on the App; (ii) Recording the performance of training programs prepared by such Trainer and sending it via the App to your Trainer; and (iii) receiving the Trainer's analysis and input with respect to the performance of such training programs; and communicating with your Trainer through the App’s text chat components for exchange of information related to your training programs.
The App may also provide you with comprehensive information regarding, inter-alia, Famers' services, concept, sales, news and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the App (the “Content”).
The App may include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate the push-notifications at any time by changing the notification settings on your device.
(Collectively: the "Service")
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP, ARE RESERVED TO FAMOUS OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE CONTENT AVAILABLE THEREIN AND THE USER GENERATED CONTENT (AS SUCH TERM IS DEFINED BELOW) ARE PROVIDED ON AN “AS IS” BASIS. FAMOUS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP, THE CONTENT, THE SERVICES AND THE USER GENERATED CONTENT.
YOUR USE OF THE APP, THE SERVICES, THE USER GENERATED CONTENT AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
FAMOUS DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE APP AND RELATED SERVICE. WE DO NOT GUARANTEE THAT ANY OF THE USERS' NEEDS WILL BE FULFILLED.
FAMOUS ACTS SOLELY AS AN INTERMIDIERAY BETWEEN YOU AND THE TRAINERS, AND DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH THE VARIOUS SERVICES PROVIDED BY SUCH TRAINERS THROUGH THE USE OF OUR APP. FAMOUS WILL NOT ASSUME ANY RESPONSIBILITY FOR SUCH SERVICES AND FOR WHATEVER DAMAGES THAT MAY RESULT FROM USING SUCH SERVICES.
YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS (INCLUDING TRAINERS) OF THE APP WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE APP. YOU ARE SOLELY RESPONSIBLE FOR SUCH COMMUNICATIONS AND INTERACTIONS AND EACH USER IS RESPONSIBLE FOR HIS OWN SAFETY.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
There are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Your failure to comply with any of the provisions set forth herein may result in the termination of your access to the App, and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Famous, you may not (and you may not permit anyone to): (a) use the App and/or the Content and/or the User Generated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or Content for non-personal or commercial purposes without Company’s express prior written consent; (c) remove or disassociate, from the Content and/or the App any restrictions and signs indicating proprietary rights of Famous or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or disrupt the operation of the App or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our App's infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the App; (h) copy, modify, alter, adapt, make available, distribute, translate, make derivative works, port, reverse engineer, decompile, or disassemble any portion of the Content or Famous' Intellectual Property (as defined below); (i) sublicense, sell, rent, transfer, lend, or make any commercial use of the App; (j) frame or mirror any part of the App; (k) create a database by systematically downloading and storing any data from the App; (l) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (m) infringe and/or violate any of the Terms.
04/Registration and User Account
You may not have more than one (1) active Account and creating multiple Accounts with overlapping uses or in order to evade a suspension of your Account (as further detailed below) is not allowed.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person you may be exposed to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Famous. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your credentials or Account or any other breach of security.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
05/Subscription and Consideration
Users can use certain features of the App free of charge as offered by the App from time to time. However, some of the features are provided solely to Users who have opted to subscribe to an account which is subject to either a monthly or yearly fee ("Premium Account"). The fees and terms relating to such Premium Account are listed on the relevant page of the App or on our Site.
Please note that the subscriptions to Premium Accounts operate with automatic renewal, on a recurring-fees basis, therefore Famous will automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable fees using the payment method we have on file. Any termination of such subscriptions is subject to the payment of the applicable rate for the preceding month. All fees and other amounts paid under these Terms are nonrefundable.
Subject to the terms hereof, Famous hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the App and the Content provided in the App in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Famous regarding the App (“Feedback“), Famous shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of our current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
08/Intellectual Property Rights
The App, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
09/Trademarks and Trade names
Famous' marks and logos and all other proprietary identifiers used by the Company and/or its third party affiliates in connection with the App (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
10/Social Media Features
11/User Generated Content
The App includes functionalities which enable Users (and Trainers) to upload and share, add, create, post, publish or make available their own copyrightable materials such texts, images, photos, videos audio clips, comments, information, data and any other proprietary materials as well as location information and etc. (collectively, the “User Generated Content”). The following terms apply to your User Generated Content:
You are responsible for any User Generated Content you provide, including compliance with applicable laws, rules and regulations. You should only provide User Generated Content that you are comfortable sharing with others, taking into consideration that such User Generated Content may be downloaded and shared by other Users.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the App or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Generated Content and that such User Generated Content does not infringe any third party's intellectual property rights, privacy rights or publicity rights.
NOTE: IF YOU CHOOSE TO UPLOAD YOUR USER GENERATED CONTENT THROUGH THE APP OR ACROSS SOCIAL NETWORKS OR PLATFORMS, IN WHICH CASE, SUCH USER GENERATED CONTENT MAY THUS BECOME PUBLICLY AVAILABLE TO OTHER USERS OF THE APP AND/OR OTHER USERS OF SUCH SOCIAL NETWORKS OR PLATFORMS, AND THEREFORE, IS DEEMED NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY PRIVACY RIGHTS AND PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content and that such User Generated Content shall be associated with your Account. Famous will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Famous and/or third parties it engaged with to use or possess in connection with the Service (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Although Famous has no obligation to screen, edit or monitor any of the User Generated Content, Famous explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the App at any time and for any reason, and you are solely responsible for creating backup copies of your User Generated Content and replacing any User Generated Content you post or store on the App at your sole expense.
Famous takes no responsibility and assumes no liability for any User Generated Content uploaded, posted, published and made available by you or any third party in the App (including the Trainers), or for any loss or damage thereto, nor is Famous liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
Famous may create limits on the use of the App including limitation on size and storage space available for Users to upload User Generated Content.
The App is accessible from around the world but this does not mean all Services or service features are available in your country, or that the User Generated Content is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services including the User Generated Content is legal in the country where you live.
Any use or reliance on any User Generated Content or other materials posted via the App is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Generated Content or communications posted via the App or endorse any opinions expressed via the App. As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the App is offensive harmful, inaccurate, misleading or were posted in violation of these Terms, you may simply stop viewing such User Generated Content and please contact our Misconduct Agent or our Copyright Agent, as applicable (for more information see below). All User Generated Content is the sole responsibility of the person who originated such User Generated Content.
12/License to User Generated Content
As long as your User Generated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. However, we need certain licenses to your User Generated Content for business purposes and in order to enable different functions in the App.
When you upload, post, publish or make available any User Generated Content on the App, you grant us a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, store and use such User Generated Content, in connection with the App, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving Famous and for any other legitimate business purposes. You hereby waive any moral rights, attribution rights and publicity rights (if any) with respect to our use of the User Generated Content in accordance with these Terms.
When you upload, post, publish or make available any User Generated Content, you grant to each User of the App and to users of Social Networks and platforms who can view the User Generated Content a non-exclusive, non-commercial and royalty-free license to access, view and share your User Generated Content on our App and via other platforms. Please note that Famous cannot monitor or control what other Users do with your User Generated Content.
FAMOUS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY (INCLUDING THE TRAINERS) IN THE APP, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE IT MAY CAUSE THIRD PARTIES, NOR IS FAMOUS LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER WITH RESPECT TO THE USER GENERATED CONTENT.
Please note that when you delete User Generated Content, such removed content may persist in backup copies for a reasonable period of time (although it will not be available to other Users).
13/Misconduct and Copyright Agent
We care for your safety. If you believe a User and/or Trainer acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address which appears in the App.
Famous respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Famous' Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Famous' Copyright Agent can be reached at the e-mail address at: firstname.lastname@example.org.
The App offers an online platform for registered Users wherein they can interact with each other such as providing rankings and/or comments to the User Generated Content uploaded to the App ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
As a provider of such Interactive Areas, Famous is not liable for any statements, representations or User Generated Content provided by its Users and/or Trainers in such Interactive Areas.
Any use of the Interactive Areas or other portions of the App in violation of the foregoing restrictions specified in these Terms, constitutes violation of these Terms and may result, inter alia, in termination or suspension of your rights to use the Interactive Areas and/or the Service.
15/Advertisements, Promotions, Sponsorships and Benefits
Famous may accept and display via the App advertisements, promotions and sponsorships from third parties and may provide Users with benefits provided via third parties. Please note that the Company makes no warranties or representations concerning such advertisements, promotions, sponsorship and benefits whether or not the Company has control over them. The Company may be entitled to certain shares of the earnings from such advertisements, promotions and sponsorship. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts. Company assumes no responsibility for such third party advertisements, benefits and sponsorships and will not be liable for any damage or loss, cost or expense incurred to you or any other person as a result of or in connection with third party advertisements, benefits and sponsorships.
16/Rules of competitions held through the App - Challenges
NO PURCHASE OR PAYMENT OF MONEY IS REQUIRED TO ENTER OR WIN THE COMPETITIONS HELD ON THE APP. YOU MAY NOT PARTICIPATE IN THE COMPETITION IF YOU ARE UNDER THE AGE OF THIRTEEN (13). FAMOUS' SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES AND ANY INDIVIDUAL INVOLVED IN THE DEVELOPMENT, PRODUCTION, IMPLEMENTATION, JUDGING OR FULFILLMENT OF THE COMPETITION (INCLUDING, WITHOUT LIMITATION, THEIR IMMEDIATE FAMILY MEMBERS AND/OR PERSONS LIVING IN THE SAME HOUSEHOLD OF SUCH INDIVIDUALS) AND ANY ADVERTISING AND PROMOTION AGENCIES OF FAMOUS (INCLUDING THEIR IMMEDIATE FAMILY MEMBERS AND/OR PERSONS LIVING IN THE SAME HOUSEHOLD OF SUCH INDIVIDUALS) ARE NOT ELIGIBLE TO PARTICIPATE IN THE COMPETITION.
A single User may vote for one or several Challenges uploaded by one or several Users.
No voting through fake profiles shall be counted as a genuine vote for the purposes of such Challenges.
The winner of a Challenge shall be decided by us (or when possible- by an independent administrator and/or a professional judge), based on a variety of factors, including, without limitation, the number of votes (both actual, and unique) a Challenge obtains, the average amount of time a Challenge is viewed for, the number of repeat views of a Challenge. The User who is ultimately declared the winner may not necessarily be the person whose Challenge received the most votes. If you win a Challenge, we will notify you through your e-mail address or phone number, if you provided such information during registration process. In the event of a tie, a prize will be awarded for both tying Users.
Depending on the terms of a particular Challenge, User may only be permitted to upload and/or submit just one photo and/or one video.
Users can only use the camera/video feature available over Famer App for the purpose of capturing and uploading User Content.
Users must not be related to the party sponsoring a Challenge.
Each Challenge page states the days left for its closing. Please pay attention to these closing dates.
The participation in the Challenge is solely at your own risk. In no event will Famous be liable for any loss or damages whatsoever including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, or for personal injury, resulting from or arising out of your participation in the Challenge, receiving the prize(s), your use of App and/or the User Generated Content.
Famous reserves the right, at its sole discretion, to disqualify and randomly select a new winner from the remaining Users according to these rules, time permitting and in the event that: (i) he/she is unreachable; (ii) he/she fails to provide Famous with satisfactory proof of age, identity and/or eligibility; (iii) he/she declines acceptance of the prize; or (iv) if in Famous' determination, he/she has not complied with these rules or obtained winner status using fraudulent means. Please note that in such events a new winner may be chosen even after the Challenge has ended and at Famous' sole discretion.
ANY PERSON ATTEMPTING TO DEFRAUD FAMOUS OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE WILL BE DISQUALIFIED.
From time to time, Famer App and/or a third party sponsor, may, in its, their, his or her sole discretion, award prize(s) to the winner(s) of any Challenge. If and to the extent that one or more prizes is to be awarded in connection with any Challenge, the award of such prize(s) shall be subject to additional terms and conditions to be published herein at the time of such Challenge. The Prize(s) will be provided on an "AS IS" basis and its distribution or lack thereof or its nature or quality will not inflict any liability on Famous. Famous has no responsibility for the winner's inability to accept or utilize his/her prize(s) and is not, in any manner, liable for any warranty, representation or guarantee, express or implied, related to the prize(s), including without limitation any express warranties provided (if any) by the prize(s)'s supplier that are sent along with the prize(s). Lost or stolen prize(s) will not be replaced. You agree and acknowledge that the prize(s) constitutes the sole and entire compensation regarding your winning of the Challenge. You agree and acknowledge that this compensation constitutes sufficient compensation for any purpose under any jurisdiction. The inclusion of a product as a prize does not imply any association with or endorsement of such product by Famous.
Additionally, it is specifically acknowledged and agreed that:
Apple Inc. is not and shall not be a sponsor of any Challenge; and
No Apple Inc. product shall be a prize offered in connection with any competition.
17/Rules of competitions held through the App - Challenges
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider“) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
18/Special provisions relating to Third Party Components
The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Famous disclaims all liability related thereto. You acknowledge that Famous is not the author, owner or licensor of any Third Party Components, and that Famous makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software. A list of Third Party Components that their licenses require certain notification, is available in the App or its documentation and will be updated from time to time.
The Services' availability and functionality depends on various factors, such as communication networks. Famous does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
20/Changes to The App
Famous reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Famous shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
Famous has no obligation to provide upgrades or new releases of the App under these Terms. However, if Famous supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates.
21/Disclaimer of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP AND THE CONTENT, THE USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND FAMOUS, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "FAMOUS' REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP AND/OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT FAMOUS WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, (III) THAT THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR MOBILE DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND FAMOUS AND FAMOUS' REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP CONTENT AVAILABLE THEREON OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS). FAMOUS AND FAMOUS' REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE APP AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
22/Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL FAMOUS, INCLUDING FAMOUS' REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE FAILURE OF THE APP TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF FAMOUS TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF FAMOUS OR FAMOUS' REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER FAMOUS (OR FAMOUS' REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, FAMOUS' AND FAMOUS' REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO FAMOUS FOR USE OF THE APP OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM FAMOUS' REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Famous, including Famous Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the App; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the App; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App; and (v) the User Generated Content that you uploaded through the use of the App. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
24/Amendments to the Terms
Famous may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and will send you an e-mail regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
At any time, Famous may block your access to the App and/or temporarily or permanently limit your access to the App, at its sole discretion, in addition to any other remedies that may be available to Famous under any applicable law. Such actions by Famous may be taken, for example, if famous deems that you have breached any of these Terms in any manner. Additionally, Famous may at any times, at its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Famous does not assume any responsibility with respect to, or in connection with the termination of the App' operation and loss of any data, including the User Generated Content. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the provisions of the Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.
(a) These Terms constitute the entire terms and conditions between you and Famous relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the App or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of New York without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of New York, New York. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Famous may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Famous, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
28/For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to email@example.com and we will make an effort to reply within a reasonable timeframe.