Terms and Conditions (“Terms”) and Privacy Policy
Last updated: October 9, 2017

Thanks for using our products and services (“Services”). The Services are provided by Fan Central Station, Inc. (“FCS” or “Company”).

By using our Services you are agreeing to these terms. Please read them carefully before using our Services. By accessing the FCS application, mobile or website or any other feature or other FCS platform (collectively “Our Application”) you agree to be bound by these Terms and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Application. In these Terms, “we”, “us”, “our”, or “FCS” refers to FCS, and “you” or “your” refers to you as the user of Our Application.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may modify these Terms, for any reason at any time, by posting a new version on Our Application; these changes do not affects rights and obligations that arose prior to such changes. Your continued use of Our Application following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Application in any way, your only recourse is to immediately terminate use of Our Application.

By using the App, you represent and warrant that you (i) have read and understood, and agree to be bound by, these Terms, and (ii) are at least 18 years old and legally qualified to enter into contracts. To use certain parts of the App, you must represent and warrant, when requested, that you are at least 21 years old. IF YOU DO NOT UNDERSTAND THESE TERMS, DO NOT AGREE TO BE BOUND, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE APP. These Terms do not create any agency, employer, partner, or joint venturer relationship between you and Fan Central Station.

1. We do not sell Live Entertainment Products

Our Application is a live entertainment search engine. FCS does not provide, own or control any of the live entertainment services or products that you can access through Our Application, such as tickets, merchandise, audio and video streaming, or transportation services (the “Live Entertainment Products”). The Live Entertainment Products are owned, controlled or made available by third parties (the “Live Entertainment Providers”) either directly (e.g. entertainment content producer) or as an agent (e.g. ticketing company). The Live Entertainment Providers are responsible for the Live Entertainment Products. The Live Entertainment Provider’s terms and privacy policies apply to your purchase so you must agree to, and understand those terms. Further, the terms of the actual Live Entertainment Provider (musical performance, baseball team, transportation provider, etc.) apply to your purchase, so you must also agree to and understand those terms. Your interaction with any Live Entertainment Provider accessed through Our Application is at your own risk and FCS does not have any responsibility should anything go wrong with your purchase or during the production of the live entertainment.
The display on Our Application of a Live Entertainment Product or Live Entertainment Provider does not in any way imply, suggest, or constitute a recommendation by FCS of that Live Entertainment Product or Live Entertainment Provider, or any sponsorship or approval of FCS by such Live Entertainment Provider, or any affiliation between such Live Entertainment Provider and FCS.
FCS hosts content, including prices, made available by or obtained from Live Entertainment Providers. FCS is in no way responsible for the accuracy, timeliness or completeness of such content. Since FCS has no control over the Live Entertainment Products and does not verify the content uploaded by the Live Entertainment Providers, it is not possible for us to guarantee the prices displayed on Our Application. Prices change constantly and additional charges (e.g. payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a purchase is the one you expected. At FCS, we don’t set the prices, so it’s not possible for us to guarantee what other companies are selling.

2. Purchases through FCS

If you purchase Live Entertainment Products through Our Application, that purchase is made with the Live Entertainment Provider named on the purchase page and Our Application only acts as a user interface. Accordingly, FCS has no responsibility for the purchase or the Live Entertainment Product because FCS is not involved in creating the description of the Live Entertainment Product, in defining the price and any fees, and in providing the Live Entertainment Products that you purchase. If you have any issues or disputes around your purchase and/or the Live Entertainment Product, you agree to address and resolve these with the Live Entertainment Provider and not with us.
If you wish to purchase any product or service made available through our Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number and other personal identification information.

3. What is the Separate Privacy Policy? What is Location Tracking?

By using the App, you represent and warrant that you have read and understood, and agree to, Fan Central Station ’s Privacy Policy, which outlines how Fan Central Station  collects and uses your information. In particular, by using the App and clicking “Allow” to allow Fan Central Station  to access your location even when not using the App, you agree to Fan Central Station  accessing information about your location at all times when the App is installed and your phone is on (i.e. when you see the geolocation tracking icon). If you do not want information about your location collected, you should turn off the location services for the App in your settings, turn off your phone, or delete the App; however, doing so may prevent you from using certain features of the App. Fan Central Station  reserves the right, at any time and without notice, to add to, update, or change these Terms simply by posting a new version on this page.

4. What Are My Obligations While Driving?

By using the App, which may send you periodic notifications, you agree to comply with all state laws concerning traffic and driving. You agree not to use the App while driving. You assume all responsibility for any loss or damage that may arise as a result of using the App while driving. You agree not to use the App, or to allow any third party to use your account, in any manner that is unsafe or distracted while driving. You are solely responsible for how you or third parties use the App under your account, and Fan Central Station  will not be liable for same. To the fullest extent permitted by law, Fan Central Station  expressly disclaims any liability that may arise as a result of your use of the App while driving.

5. Intellectual Property

We, along with our corporate affiliates, the Live Entertainment Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Application.Fan Central Station ’s trademarks, including the mark Fan Central Station , copyrights, trade secrets, codes, patents, and the App are the intellectual property of Fan Central Station and/or its licensors, whether or not added to or created by use of Fan Central Station products or services. You may not copy, modify, publish, transmit, distribute, display, use for personal interest of gain, or sell any of Fan Central Station ’s propriety content, and you do not own any right, title, or interest in same. You will retain any intellectual property rights in any Content provided by you in relation to the App, but you grant Fan Central Station  a perpetual, non-exclusive, royalty and cost-free, unlimited, transferrable, and irrevocable license to use, publish, and distribute same in relation to its App and services.

All copyright, trademark and other proprietary rights notices presented on Our Application must appear on all copies you print. Other non-FCS product, service, or company designations on Our Application belong to those respective third parties and may be mentioned in Our Application for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Application does not grant you any license or right to use any of the marks included on Our Application.

Fan Central Station  respects the intellectual property rights of others. If you believe that any material infringes one or more of your copyrights, please promptly submit a claim via email to Fan Central Station  at privacy@Fan Central Station .com with the subject line “Copyright Infringement” and with an identification of the copyright claimed, a description of the material you claim is infringing, your name, address, telephone number, and email address, and a signed statement by you (i) that you believe in good faith that the use of your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent, and (ii) under penalty of perjury, that all of the information contained in your notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. You may be liable for damages for misrepresentation or bad faith claims. For more information, please see the Digital Millennium Copyright Act.

6. What Are Third-Party Websites?

The App may contain third-party content and links to third-party websites. In particular, Fan Central Station  has no obligation to review the accuracy or completeness of content, including regarding third-party prices, deals, offers, promotions, or rewards and has no responsibility for same. Fan Central Station  relays such content based on information available to Fan Central Station  at the time. Fan Central Station  does not have control over third parties, each of which may have its own terms and/or privacy policy. You assume all responsibility for any harm resulting from third-party content or websites. You are responsible for reviewing and agreeing to any terms of any third-party websites you use. Fan Central Station  makes no warranties or representations regarding any third-party products or services. To the fullest extent permitted by law, Fan Central Station  expressly disclaims any liability regarding representations, claims, or warranties relating to third-party products or services.

7. Use of Our Application

If you become a registered user, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Application by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your registered user account. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Application), you must promptly change your personal information that is affected.

8. What Are User Accounts and Content?

To access certain parts of the App, you must register for and use an account. By doing so, you warrant that the information you provide is current, complete, and accurate. You are solely responsible for maintaining the confidentiality of your account and password and any changes to your information, and you agree to promptly notify Fan Central Station  of any unauthorized use of your account as well as any updates to any information you provided.

If you decide to receive messages or other communications from Our Application directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Application on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account. You may only use Our Application to search for legitimate Live Entertainment Products and Services and you may not use Our Application to make any purchase in anticipation of demand. By using Our Application you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.  In addition, you agree not to do any of the following without prior express written permission of FCS and You represent and warrant that you will not do the following in relation to the App:

  1.  (i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of FCS pages in a search index. Use of any automated system or software to extract data from Our Application (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
    2. (ii) violate the restrictions in any robot exclusion headers on Our Application or bypass or circumvent other measures employed to prevent or limit access to Our Application;
    3. (iii) violate the restrictions set forth in the BOTS ACT.
    4. (iv) deep-link to any portion of Our Application for any purpose;
    5. (v) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Application or take any action that imposes an unreasonable load on our computer or network equipment;
    6. (vi) reproduce, duplicate, copy, sell, trade, resell or exploit Our Application;
    7. (vii) use any feature of Our Application for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
    8. (viii) post or distribute any material on Our Application that violates the rights of any third party or applicable law;
    9. (ix) use Our Application to collect or store personal data about others;
    10. (x) use Our Application for any commercial purpose unless we’ve given you written permission;
    11. (xi) transmit any ad or promo materials on Our Application; OR
  2. Violate, or encourage violation, of these Terms or any applicable law or regulation.
  3. Use the App in a manner that violates driving laws or is otherwise unsafe while driving.
  • Defame, abuse, harass, stalk, threaten, attack, assault, or otherwise violate the legal rights of, including the rights of privacy and publicity, others.
  1. Upload, post, link, store, or share any Content that is obscene, lewd, lascivious, pornographic, inappropriate, unlawful, hateful, discriminatory, or objectionable, contains personal information of others without their consent, or encourages unlawful activity.
  2. Upload, post, link, store, or share any Content that infringes on any third party’s copyright, trademark, or other intellectual property or proprietary rights.
  3. Provide false, misleading, or inaccurate information, including through impersonation.
  • Send, advertise, promote, or otherwise solicit unlawful spam or commercial messages.
  • Harvest or collect information about users for unlawful purposes.
  1. Modify any Content on the App that is not your own without consent.
  2. Transmit viruses, Trojan horses, worms, malicious code, or destructive matter.
  3. Use a robot, spider, or other process or application to retrieve, scrape, mine, sweep, reverse engineer, extract source code, cache, pre-fetch, or index any part of the App, including through web harvesting, web data extraction, bots, data mining tools, crawlers, bulk feed, mass download, any automated program or software, or manual extraction.
  • Copy and sell any part of the App, create any derivative work based on any part of the App, or use any Content or part of the App outside of the App.
  • Attempt to probe, scan, test, or violate the security features of the App or of any associated system or network, attempt to breach any firewalls, attempt to hack the App, engage in phishing scams, or obtain unauthorized access to any Content by any means.
  • Attempt to interfere with the use of the App by any other user, computer, or network, including by submitting malware or exploiting software vulnerabilities.
  1. Use any confidential information or intellectual property of Fan Central Station for monetary or proprietary gain without the prior express written consent of Fan Central Station .
  • Forge, modify, or falsify any network packet or protocol header or metadata.

 

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Application. Further, you can always delete your account here.

9. Your intellectual property rights

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Application or otherwise any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please send us a written notification to the email address disclosed in Section 9, “Arbitration and Waiver.”

10. What Communications Will I Receive From Fan Central Station ?

Without limitation, by using the App and/or by providing your name, email, address, and/or phone number through the App, you expressly consent to receive communications, including through emails, SMS/MMS “text” messages, and notifications via the App, regarding the App, deals, offers, and promotions from Fan Central Station  and third parties that contract or do business with Fan Central Station . You may opt out of communications by (i) following unsubscribe instructions in each communication, or (ii) sending an email to privacy@trunow.com. By using the App, you also consent to Fan Central Station  displaying advertisements on the App.

11. What Are Assumption of Risk and Indemnity Obligations?

You knowingly and freely assume all risks when using the App. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Fan Central Station  and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, or losses, including for attorney’s fees, advertising, defamation, violation of privacy, infringement of intellectual property, bodily injury, driving accidents, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or third parties, that may result from your Content, your use of the App, use of the App under your account, your violation of these Terms, and/or your violation of any laws. You understand and agree that the App is only intended for use in the United States. You further understand and agree that Fan Central Station  may use third parties to support the App, as outlined in the Privacy Policy, and you expressly agree to and assume the risk of same.

12. What Are the Disclaimers and Limitations of Liability?

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND LIMITS Fan Central Station ’S LIABILITY. Fan Central Station , ON BEHALF OF ITSELF AND ITS AGENTS, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE APP IS PROVIDED “AS IS.” APP OFFERS ARE LIMITED TO CERTAIN MARKETS IN THE UNITED STATES. Fan Central Station  DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF CONTENT ON THE APP, INCLUDING REGARDING THIRD-PARTY PRICES, DEALS, REWARDS, OR OFFERS. Fan Central Station  IS NOT LIABLE FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THIRD-PARTY ACTIONS OR OMISSIONS. OPERATION OF THE APP MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL CLAIMS, WHETHER TO YOU OR ANY THIRD PARTY, REGARDING THE APP, INCLUDING BUT NOT LIMITED TO CLAIMS UNDER DRIVING AND ADVERTISING LAWS. Fan Central Station  SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY’S FEES, LOST PROFITS, REVENUES, LOSS OR DAMAGE TO DATA, OR OTHER LOSS OR DAMAGES RELATED TO YOUR USE OF THE APP. YOUR SOLE REMEDY IS TO STOP USING THE APP. REGARDLESS, Fan Central Station ’S MAXIMUM LIABILITY TO YOU IN CONNECTION WITH THE APP IS LIMITED TO $100 FOR ALL CLAIMS BY YOU
Our Application, all content and services provided on Our Application and all Live Entertainment Products you obtain on FCS are provided on an “as is” and “as available” basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available vendors. Accordingly, we do not always display the lowest available price for a particular Live Entertainment Product. FCS expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Application, your downloading of any content from Our Application or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Application; (ii) any failure or delay (including without limitation the use of or inability to use any component of Our Application); or (iii) the performance or non-performance by us or any Live Entertainment Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

13. You Agree to Protect Us

Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Application, or the Intellectual Property.

14. Arbitration and Waiver

You agree that by accepting the Terms, you and FCS are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES FCS OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH FCS (INCLUDING WITHOUT LIMITATION WITH RESPECT TO DATA, YOUR INTERACTION WITH THE COMPANY, COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLCY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE COMPANY’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.
If You intend to seek arbitration You must first send to FCS, by certified mail, a written Notice of Dispute (“Notice”) to P.O. Box . The Notice to FCS must be sent to 2200 Brothers Road, Santa Fe, New Mexico 87505 and emailed to legal@fancentralstation.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Company and You agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.  THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION.

THIS ARBITRATION PROVISION DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN FULTON COUNTY, California. YOU FURTHER AGREE THAT A BREACH OF THESE TERMS WILL LEAD TO IRREPARABLE INJURY AGAINST Fan Central Station  AND THAT Fan Central Station  MAY SEEK IMMEDIATE INJUNCTIVE RELIEF FOR SUCH BREACH IN ANY COURT IN SAN JOSE, California OR ANY OTHER COURT HAVING JURISDICTION. WITHOUT LIMITING ANY AVAILABLE REMEDIES, YOU AGREE THAT DAMAGES FOR YOUR BREACH OF PARAGRAPHS ABOVE) WILL BE DIFFICULT TO QUANTIFY AND THAT Fan Central Station  SHALL THUS BE ENTITLED TO IMMEDIATE DAMAGES OF $100,000 FOR SUCH BREACH, WHICH BEARS REASONABLE RELATION TO ANTICIPATED DAMAGES FOR UNFAIR COMPETITION.

15. Links

Our Application may contain links to other websites that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Application.

16. General Requirements

We may change Our Application and these Terms at any time, in our sole discretion and without notice to You. You are responsible for remaining knowledgeable about these Terms. Your continued use of Our Application constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Application, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Application.

17. Choice of Law, Venue. THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN CALIFORNIA AND SHALL BE GOVERNED BY CALIFORNIA LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN SAN JOSE, California
To the extent permitted by law, the laws of the State of California (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Application or these Terms, or our Services, you agree to file such action only in the state and federal courts located in San Jose, California(USA); if you are a consumer, the law may allow you to bring proceedings also in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Application and/or these Terms, will be resolved individually, without resort to any form of class action.

18. Your Feedback

We encourage you to share your comments and questions with us here but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future FCS products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of FCS. Further, by submitting Feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.

19. Are There Assignment Restrictions?

These Terms and your rights and obligations hereunder are not assignable or transferable by you. Notwithstanding, these Terms are assignable and transferable by Fan Central Station  and will be binding upon your successors and assigns.

20. What Are Requirements for Termination, Modification, and Waiver?

Fan Central Station  may terminate your use of the App, modify or discontinue the App, or modify these Terms for any reason at any time without notice. Provisions in Paragraphs 6-11 shall survive any termination. Fan Central Station  cannot waive any rights under these Terms except by a signed writing. If you want to terminate your use of the App and tracking of your phone, you should permanently delete the App from your phone. You should review these Terms periodically. IF YOU FIND ANY CHANGES UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE APP.

21. Is This Agreement Complete and/or Severable?

These Terms, along with Fan Central Station ’s Privacy Policy, constitute the entire agreement between you and Fan Central Station  relating to the App and supersede all prior or contemporaneous understandings. These Terms shall not be construed against the drafter. If any part of these Terms is held invalid or unenforceable, the remaining parts will remain in full force and effect to the maximum extent permitted by law. The headings in these Terms are for convenience only, and shall have no legal or contractual effect.

PRIVACY POLICY

This Privacy Policy outlines the type of information collected and used by Fan Central Station  in connection with its mobile application and any related websites, goods, services, software, and plug-ins (collectively, “App”). PLEASE REVIEW THIS PRIVACY POLICY AND THE SEPARATE TERMS OF SERVICE CAREFULLY BEFORE USING THE APP.

1. What is Fan Central Station ’s Privacy Policy?

Scope. Fan Central Station  is committed to respecting privacy rights and has published this Privacy Policy to show its commitment to fair information practices. This Privacy Policy is only applicable to information collected and used through the App and related communications between you and Fan Central Station ; it does not apply to any other information collected by Fan Central Station  or to any websites or services of third parties (“Third-Party Websites”), which may have materially different policies.

No Permission Without Agreement. By using the App, you warrant that you have read and understood, and agree to the terms of, this Privacy Policy. If you do not understand or agree to this Privacy Policy, you must immediately cease using the App.

Terms. By using the App, you warrant that you have read and understood, and agree to be bound by, Fan Central Station ‘s separate Terms of Service and any other applicable agreements.

2. What Information is Collected?

User Information. Fan Central Station  may collect your information in connection with the App, including your name, email address, age, user name, and password when you register for the App, transaction-related information when you make purchases or respond to offers, information you provide when you post content or contact Fan Central Station , financial information when you provide it, and information about your location when the App is installed and your phone is on (i.e. when you see the geolocation tracking icon). If you do not want information about your location collected, you should turn off the location services for the App in your settings, turn off your phone, or delete the App; however, doing so may prevent you from using certain features of the App.

Personally Identifiable Information. To use certain features of the App, you may be asked to provide certain personally identifiable information (“Personal Information”). Personal Information includes the following categories, without limitation: (i) “Contact Data” (such as your name, phone number, fax number, mailing address, and email address), (ii) “Financial Data” (such as your credit/debit card number and expiration date), (iii) “Demographic Data” (such as your gender and ZIP code), and (iv) “Third-Party Social Media Account Data” (such as your account information for third-party social media accounts). Fan Central Station  gathers your Personal Information when you provide it through the App. Fan Central Station  may supplement the Personal Information you provide with additional Personal Information gathered from public sources or third parties (e.g., consumer reporting agencies) who may lawfully provide that information to Fan Central Station . You are under no obligation to provide Personal Information, but your refusal to do so may prevent you from using certain features of the App. Fan Central Station  retains user-provided data for as long as you use the App and for a reasonable time thereafter. If you would like Fan Central Station  to delete user-provided data, please contact Fan Central Station  at privacy@Fan Central Station .com and Fan Central Station  will respond in a reasonable time. Some or all of your user-provided data may be required for the App to function properly.

Traffic Data. Fan Central Station  gathers information that web browsers automatically make available, including: (i) IP addresses, (ii) Internet domain names, (iii) types of devices accessing Fan Central Station ’s website; and (iv) types of web browsers accessing the website, which is anonymous information that is not meant to personally identify you. Fan Central Station  retains automatically collected information for up to 24 months and thereafter may store it in the aggregate.

Cookie Policy. “Cookies” are text files placed on your computer by websites you visit or certain emails you open. Cookies store a string of information on a user’s computer or mobile device, which the user’s web browser provides to the website automatically each time it interacts with the website. The purpose of Cookies is to identify the user as a unique user of the website. Fan Central Station  may use two types of Cookies: “first-party Cookies” and “third-party Cookies.”

First-Party Cookies. Fan Central Station  may use first-party Cookies for the following purposes: (i) to gather visitor and access information relevant to customizing the App to your interests, and (ii) to store your password so you do not have to re-enter it each time you use the App. If you do not wish to have first-party Cookies placed on your computer or mobile device, you should set your web browser to refuse Cookies before accessing the App. However, certain features of the App may not function properly without the aid of Cookies. If you refuse Cookies, you assume all responsibility for any resulting loss of functionality.

Third-Party Cookies and Advertising. Fan Central Station  may advertise on other Third-Party Websites to you after you use the App. Fan Central Station  and third-party marketing partners may use first-party Cookies, third-party Cookies, and web beacons, including across multiple devices, to inform, optimize, and serve advertisements to you based on your use of the App. This practice is known as retargeting or remarketing (https://en.wikipedia.org/wiki/Behavioral_retargeting). Third parties may place Cookies on your computer or mobile device, use web beacons (see https://en.wikipedia.org/wiki/Web_beacon), and gather IP addresses and log data to collect traffic and activity data to deliver relevant metrics and content. You may opt out of using other third-parties’ Cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp. You can learn more about how to delete or control Cookies at http://www.aboutCookies.org/.

Children. Fan Central Station  does not knowingly solicit or collect Personal Information from children under the age of 13. If Fan Central Station  obtains actual knowledge that it has collected Personal Information from a child under the age of 13, Fan Central Station  will delete such information within a reasonable time.

3. How is Information Used?

User Information. Fan Central Station  uses information you provide to fulfill any purpose for which you provide it, in any way described to you when the information is collected, to carry out Fan Central Station ’s obligations and enforce its rights arising from the App, to notify you about changes to the App, and for any other purpose with your consent. “Content” is any content or information, not including Personal Information, you upload, post, link, share, submit, transmit, or distribute via the App, including reviews and ratings. Fan Central Station  may use and display your Content on the App.

Personal Information. Fan Central Station  may use your Contact Data to send you information about products and services and to contact you in connection with the App. Fan Central Station  may use your Financial Data to verify your qualifications for certain features of the App and, if applicable, to bill you. Fan Central Station  may use your Demographic Data to customize and tailor your experience for the App. Fan Central Station  may use your Third-Party Social Media Account Data in accordance with this Privacy Policy and the privacy policies of third-party social media companies. As with Traffic Data and information gathered using Cookies, from time to time, Fan Central Station  may release Demographic Data in the aggregate, such as by publishing a report on trends on App usage.

Traffic Data and Information Gathered Using Cookies. Fan Central Station  may analyze Traffic Data and information gathered using Cookies to help Fan Central Station  better understand who is using the App and how. By identifying patterns and trends in usage, Fan Central Station  is able to better design the App to improve your experience and serve you more relevant and interesting materials. Fan Central Station  may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the App.

4. How is Information Disclosed?

User Information. Fan Central Station  may share your information, including Personal Information, to its agents, contractors, service providers, and other third parties used to support the App (e.g. PayPal to process payment transactions), to fulfill the purposes for which you provide it, for any other purpose disclosed by Fan Central Station  when you provide the information, and for any other purpose with your consent. Fan Central Station  may disclose your Personal Information to perform technical, administrative, and data processing tasks. Fan Central Station  may use your location information to send you third-party Content (e.g. offers and rewards) when the App is installed and your phone is on. You grant Fan Central Station  and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns the right to publish your user name and any Content in connection with the exercise of the license in and to your Content. You further waive any claims arising from the exercise of that right. You understand that your Content may be displayed and viewable to others.

De-Identified Sharing. Fan Central Station  may share Personal Information that has been de-identified such that you cannot be tied back to it. Fan Central Station  hopes aggregate data will be useful for research. Fan Central Station  will take reasonable measures to ensure that its de-identification process is effective, but does not guarantee that you will never be personally identified with your data.

Disclosure to Marketing Partners. Fan Central Station  may use any Personal Information to help better understand the demographics of target audiences, as well as to support marketing data products and services. Fan Central Station  may also provide personally identifiable data to partner firms, which may include third-party marketing companies, affiliates, advertising agencies, and data aggregation companies. Your Personal Information may be used by those entities to provide information on products and services that may be of interest.

Social Media. Fan Central Station  may disclose your information on social media platforms and send your information through the APIs of social media platforms you authorize, in compliance with applicable laws and the platforms’ privacy policies in place when your information is sent.

By Law or to Protect Rights. Fan Central Station  may disclose your Personal Information if reasonably necessary to (i) take action regarding suspected illegal activities, (ii) enforce or apply its Terms or other agreements, (iii) comply with legal process, court order, or government inquiry; or (iv) protect the rights, reputation, or property of itself, its users, or the public in its discretion.

Transfers, Bankruptcy. In the event Fan Central Station  goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership, Fan Central Station  may use information collected in accordance with this Privacy Policy, as part of any such business transition. In such instances, your information can be part of the assets transferred.

5. What Communications Will I Receive From Fan Central Station ?

Without limitation, by using the App and/or by providing your name, email, address, and/or phone number through the App, you expressly consent to receive communications, including through emails, SMS/MMS “text” messages, and notifications via the App, regarding the App, deals, offers, and promotions from Fan Central Station  and third parties that contract or do business with Fan Central Station . You may opt out of communications by (i) following unsubscribe instructions in each communication, or (ii) sending an email to privacy@trunow.com. By using the App, you also consent to Fan Central Station  displaying advertisements on the App.

6. What Are Third-Party Websites?

Fan Central Station  neither owns nor controls Third-Party Websites. Third-Party Websites are under no obligation to comply with this Privacy Policy. Before visiting or providing Personal Information to Third-Party Websites, you should inform yourself of the privacy policies and practices (if any) of those websites and take steps necessary to, in your discretion, protect your privacy. Fan Central Station  has no obligation to review the accuracy or completeness of third-party prices, deals, offers, promotions, or rewards and has no responsibility for same. Fan Central Station  relays such content based on information available to Fan Central Station  at the time. Fan Central Station  does not have control over third parties, each of which may have its own terms and/or privacy policy. You assume all responsibility for any harm resulting from Third-Party Websites. You are responsible for reviewing and agreeing to any terms and privacy policies of any Third-Party Websites you use. Fan Central Station  makes no warranties or representations regarding any third-party products or services.

7. How is My Personal Information Safeguarded?

Fan Central Station  uses commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information. However, due to the realities of data security, Fan Central Station  is unable to guarantee that any information provided to it will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.

8. Does Fan Central Station Respond to Do-Not-Track Signals?

Fan Central Station  does not respond to “Do Not Track” signals sent by browsers.

9. How Can This Privacy Policy Be Updated?

Each time you access Fan Central Station ’s App, the then-current version of this Privacy Policy will apply. You should periodically check the date of the Privacy Policy and review any changes. Fan Central Station  reserves the right, at any time and without notice, to add to, update, or change this Privacy Policy simply by posting a new version on this page. Any such addition, update, or change will be effective immediately upon posting. Unless Fan Central Station  obtains your express consent, any revised Privacy Policy will only apply to information collected after the effective date of the revised Privacy Policy and not to information collected earlier.