Mobile Application Terms of Use

Last Updated: July 2018

These Terms of Use (“Terms”) are a binding agreement between From Now On, LLC and affiliates (hereinafter “We,” “Our” or “Us,” as the context requires) and the user (“You”) who has downloaded the FanX mobile application (the “Application”).   We may change these Terms from time to time without notice to You.  It is Your responsibility to review the Terms from time to time and to familiarize Yourself with any modification.  Your continued use of the Application after any such modification constitutes acknowledgment of and agreement to the Terms. 

BY DOWNLOADING, INSTALLING AND USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.

As used in these Terms, “Affiliates” means our owners, subsidiaries, affiliated companies, licensors, service providers, partners, sponsors, advertisers and all other parties involved in creating, producing and/or delivering the Application and/or its contents. 

  1. License Grant. Subject to these Terms, We grant You a limited, non-exclusive, and nontransferable license to download, install, and use the Application for Your personal, non-commercial use on a single mobile device owned or otherwise controlled by You ("Mobile Device").  You shall not:  (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or (g) share your password or account with any other person or entity. 
     
  2. Content.  We make various services available via the Application, including but not limited to one or more loyalty rewards programs.  We may modify or discontinue the Application or any feature or function of the Application at any time, with or without notice to You and without liability for such discontinuance, including without liability for failure to provide or delivery any rewards thereafter.  We, and/or one or more of our Affiliates, owns all right, title and interest in and to the Application and any feature or function thereof. 
     
  3. Collection and Use of Your Information. We may use automatic means to collect information about the Mobile Device and about Your use of the Application. You also may be required to provide certain information about Yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share information about Yourself with others. All information collected through or in connection with this Application is subject to the Application’s Privacy Policy. By downloading, installing, using, and providing information to or through this Application, You consent to all actions taken in compliance with the Privacy Policy.
     
  4. Third-Party Materials. The Application may display, include, or make available third-party content or provide links to third-party websites or services ("Third-Party Materials"). Neither We, nor any of our Affiliates, are responsible for Third-Party Materials, and We and they will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. You may access and use Third Party Materials entirely at Your own risk and subject to such third parties' terms and conditions.
     
  5. Term and Termination. You may terminate these Terms by deleting the Application from Your Mobile Device.  We may terminate Your license and these Terms at any time without notice if We cease to offer or support the Application, or if You violate any of these Terms.  Termination will not limit Our rights or remedies at law or in equity.
     
  6. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
     
  7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
     
  8. Indemnification. You will indemnify, defend, and hold harmless Us, our Affiliates and our respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to Your use or misuse of the Application or Your breach of these Terms.
     
  9. Rewards.  Awards or prizes from the Application are subject to the availability of such prizes and the eligibility requirements.  For any issue or question regarding the rewards program, please contact support@fnoex.com.  Apple is not involved in any way in the rewards program.  
     
  10. Miscellaneous. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions will continue in full force and effect.  These Terms and our Privacy Policy constitute the entire agreement between You and Us with respect to the Application. These Terms will be governed by and construed in accordance with the laws of the state of Delaware, without regard to the conflicts of laws principles thereof, and each party submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction in Douglas County, Nebraska with respect to any dispute that cannot be amicably resolved by the parties.