EFANTZ Terms of Service
1. Acceptance of Terms
Welcome to https://www.Efantz.com/ (“EFANTZ”), owned and operated by Efantz, LLC. EFANTZ provides its services to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at this page. In addition, when using particular EFANTZ services, you and EFANTZ shall be subject to any posted guidelines or rules or codes of conduct applicable to such services, which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into these TOS.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW AND DO NOT ACCESS OR USE EFANTZ’S SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SERVICE INCLUDING VISITING WWW.EFANTZ.COM.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED HEREIN.
2. Description of Service; License.
EFANTZ provides users with a fun arena to gather and participate in games, contests, and other events related to eSports including by earning, using and wagering our virtual currency found on the Site (Gems or Coins). Whether watching or engaging in our Live Mode to win Gems or challenging other users or players in games of skill in Our Challenger Mode or creating tournaments in our Tournament Mode (the “Services”), EFANTZ is your go-to esports desitination. BY PARTICIPATING IN AND USING EFANTZ.COM, YOU MAY NOT USE THE SERVICES FOR ANY ILLEGAL PURPOSE. IF YOU DISCOVER THAT ANY PARTY IS USING THE SERVICES OR EFANTZ WEBSITE FOR ANY SUCH PURPOSE, PLEASE NOTIFY EFANTZ IMMEDIATELY AT SUPPORT@EFANTZ.COM.
The content, including but not limited to all information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. EFANTZ owns the Content, the Services, unless otherwise notified or stated, and the results and proceeds of the Services, and nothing herein shall be construed as transferring any ownership in and to the Content or Services from EFANTZ to any party, including you. Subject to these TOS, EFANTZ grants you a limited, non-transferable license to access and use the Services and Content only for your own personal, non-commercial use and only for any Acceptable Use (defined as any use other than the Prohibited Uses). EFANTZ reserves all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without EFANTZ’s permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.
EFANTZ may provide game scores and other information pertaining to eSports or related events of interest. All of this information is supplied for entertainment purposes only and should be considered to be unofficial. While EFANTZ will use reasonable efforts to include accurate and timely information, EFANTZ does not warrant or make any representations of any kind with respect to the information provided to you. EFANTZ shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, the Services, or the Content, and shall not be responsible or liable for any error or omission in that information.
EFANTZ will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outages, natural disasters, changes in law, strikes, etc. may from time to time prevent access to EFANTZ from all or part of the internet. EFANTZ will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. EFANTZ is not responsible for any consequences resulting from disruptions in service, and disclaims any liability related thereto or arising therefrom. EFANTZ will make a reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the internet, and a reasonable effort to ensure these programs are free of defects. EFANTZ is not responsible for any consequences resulting from incompatibility between its software and programs and those of any users, and disclaims any liability related thereto or arising therefrom.
Prohibited Uses include, but are not limited to, the use of the Content or Services to do the following or assist others to do the following:
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
Link to the Content or Services from a site or transmit any material that is inappropriate, profane, vulgar, threatening, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that EFANTZ deems, in its sole discretion, to be otherwise objectionable;
Frame the Services or Content, display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the EFANTZ and any third party or potentially deprive EFANTZ of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Restrict or inhibit any other user from using and enjoying the Content or Services;
Transmit files that contain viruses, spyware, adware, or other harmful code;
Advertise or promote goods or services without EFANTZ’s prior written permission (including, without limitation, by sending spam);
Take or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law;
Interfere with others using the Content or Services or otherwise disrupt the Content or Services;
Transmit, collect, or access personally identifiable information about other users without the consent of those users and EFANTZ;
Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
Make or draft any statement that contains false or misleading indications of origin or statements of fact;
Defeat any access controls, access any portion of the Content or Services that we have not authorized you to access (including password protected areas), link to password protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
Use the Content or Services for any other purpose prohibited under these TOS.
Specifically for the Live, Challenger or Tournament mode and related services on EFANTZ, You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms and you represent and warrant that:
• you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
• you are physically located in the United States of America or Canada and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
• you are not listed on any U.S. Government list of prohibited or restricted parties;
• you are not a resident of any of the following states: Arizona, Alaska, Arkansas, Florida, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Montana, North Dakota, Nevada, South Dakota, Tennessee, Vermont, Virginia, Washington, Washington DC
• you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
If you do not meet the eligibility requirements of this section, then you are not authorized to use the Challenger or Tournament related services.
PLEASE NOTE THAT ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY ACTIVITY ON THE SITE OR IN CONNECTION WITH THE SERVICE IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EFANTZ RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
In order to use the Content or the Services, you must be 18 years of age or older at the time of registration. By agreeing to these TOS, you represent and warrant that you are over the age of 18 and you will not allow anyone under the age of 18 to use your account for any purpose. Users over the age of 18 who have not yet reached the age of majority according to the laws of the state or country in which they reside must have the permission of their parent or legal guardian to use the site and open an account, and the account will be deemed to be the account of the parent or legal guardian and the parent or legal guardian is bound by these TOS.
EFANTZ employees may use the Services for the purpose of testing the user experience, but may not participate in prizes. EFANTZ consultants or promoters of the Services may play in contests without such limitation, but only if (i) their arrangement with EFANTZ does not permit them to have any access to nonpublic data or any other data not made available to all users on the Services and (ii) they do not receive any other advantages in their play on the Services.
4.1 Rules Relating to Giveaway Contests
From time to time, EFANTZ may engage in promotional activities that include giveaways. The rules of each giveaway shall by separately set forth, but in no event shall persons be permitted to participate in said giveaways in any jurisdiction in which such activities are unlawful (including but not limited to Arizona, Alaska, Arkansas, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, Nevada, South Dakota, Tennessee, Virginia, Washington). No contest or giveaway offered by EFANTZ is any way endorsed or supported by any other party, unless otherwise stated.
Age Requirements. Contests are restricted to participants aged 18 years and older. Participants over the age of 18 who have not yet reached the age of majority according to the laws of the state in which they reside must have the permission of their parent or legal guardian to enter Contests.
Award of Prizes. After each Contest ends, points/prizes may be awarded in accordance with the Contest’s rules. Prizes for each Contest are listed at the outset of the Contest and are not subject to change based on the number of participants or total entry fees for that Contest.
Prize calculations are based on Contest results as of the time when EFANTZ tabulates final scoring. After prizes are awarded, scoring results will not be changed. EFANTZ’s decisions are final.
Contest prizes may not be substituted or transferred. All taxes and any expenses associated with the receipt or use of any prize are the sole responsibility of the winner. If prize awards are challenged by any legal authority, EFANTZ may, in its sole discretion, decline to award such prizes.
Claiming Prizes. Winners are generally posted on the Website and/or notified within twenty-four hours. Winners may be asked to return via e-mail or regular mail an affidavit of eligibility and appropriate tax forms. A winner’s failure to comply with such requests within the time stated can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. If a winner is considered to be a minor is his or her state of residence, at EFANTZ’s sole option, the prize will either be awarded to the minor winner’s parent or legal guardian on behalf of the winner, or the minor’s parent or guardian will be required to ratify and sign the affidavit of eligibility. A list of winners for each competition period may be obtained by written request to: support@Efantz.com.
4.2 Rules Relating to Challenger Mode
Game of Skill: The EFANTZ Challenger mode or Challenger platform hosts microtournaments exclusively for games of skill. For each contest, winners are determined by the individuals who use their skill and knowledge of the relevant game to win given the rules of the contest. Each player or user acknowledges that the outcome of the matches and tournaments offered on the Site in this section are directly related to the skill levels of each user participating. EFANTZ does not comment or have knowledge of the probability of one user winning a match vs. another user, and makes no representations about an individual user’s chances of winning.
Prizes: After each contest ends, the tentative winner is/are announced but remain subject to final verification. The users in each contest who accumulate the most points and comply with eligibility requirements and applicable rules will be declared the winner. Prizes granted or are added to the account balance of the winning party. In the event of a tie, the prize is divided evenly between the tied users, as applicable, unless otherwise specified. EFANTZ reserves the right to make adjustments based on errors or irregularities in the transmission of information or in our calculation of results. All taxes, if any, associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the contest is challenged by any legal authority, EFANTZ reserves the right in its sole discretion to determine whether or not to award or adjust such prizes.
You are solely responsible for your conduct through the Service and agree that you will not: defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others; violate any applicable laws or regulations, or promote or encourage any illegal activity; impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a EFANTZ representative; gain or attempt to gain unauthorized access to the Service, Website, to other users’ account or profile information, or to computer systems and/or networks connected to the Service or Website; make false reports through the Service or to EFANTZ’s administrators; take any action that imposes or may impose (as determined by EFANTZ in its sole discretion) an unreasonable or disproportionately large load on EFANTZ’s (or its Affiliates’ or third party providers’) infrastructure; engage in fraudulent transactions; establish more than one account to participate in Service; use the service for any form of illegal gambling. Furthermore, you will not publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any:
• pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
• material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by EFANTZ in its sole discretion;
• material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
• files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Website, Service, other users’ access to the Website or Service and/or other users’ computers.
4.3 Rules Relating to Tournaments
If you create or manage a tournament on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, "Tournament Content"), you are fully and entirely responsible for the content of, and any harm resulting from, that Tournament Content and in general, all aspects of the tournament you create, including all prize fulfillments and administration. That is the case regardless of whether the Tournament Content in question constitutes text, graphics, an audio file, or computer software. By making Tournament Content available, you represent and warrant that:
• The downloading, copying and use of the Tournament Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Tournament Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Tournament Content;
• You have fully complied with any third-party licenses relating to the Tournament Content, and have done all things necessary to successfully pass through to end users any required terms;
• The Tournament Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content whatsoever;
• The Tournament Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Tournament Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• Your tournament is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• Your tournament is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your tournament's URL or name is not the name of a person other than yourself or company other than your own; and
• You have, in the case of Tournament Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by EFANTZ or otherwise.
By submitting Tournament Content to EFANTZ for inclusion on your EFANTZ tournament, you grant EFANTZ a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Tournament Content solely for the purpose of displaying, distributing and promoting your tournament. If you delete the Tournament Content, EFANTZ will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Tournament Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, EFANTZ has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in its reasonable opinion, violates any EFANTZ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in its sole discretion. EFANTZ will have no obligation to provide a refund of any amounts previously paid.
There may be events or scenarios where you agree to pay EFANTZ certain fees related for certain services offered and you acknowledge and agree that all such fees as applicable are non-refundable.
5. Representations and Warranties
You represent, warrant and covenant that you: (a) will not use the EFANTZ website, Content and Services for any Prohibited Use; (b) will not upload, post, transmit, distribute or otherwise publish through the EFANTZ website, Content, and Services any materials, or take any action, that constitutes a Prohibited Use; (c) are 18 years old or older, and will not allow any person under that age to use the EFANTZ website, Content and Services; and (d) will comply with these TOS in connection with your use of the EFANTZ website, Content and Services.
6. Reservation of Rights
EFANTZ expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any Services or access to Content for any reason. In the event that such termination is due to your breach of these TOS or wrongdoing by you, EFANTZ may immediately terminate your account without notice, and such termination does not prejudice EFANTZ’s right to pursue damages against you for such breach. EFANTZ has the right to modify or discontinue the Services. You agree that EFANTZ will not be liable to you or to any third party for any modifications or discontinuance of the Services or Content.
Regarding any Service termination, suspension or changes, EFANTZ reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the service at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, EFANTZ may terminate AND/OR suspend your account or user profile for violation of the TOS or violation of any other policy related to the Service. EFANTZ also reserves that right to cancel contests or events, in EFANTZ’s sole discretion, without any restrictions. EFANTZ, in its sole discretion, may disqualify you from a contest or event or the entire Service, refuse to award Gems or Coins, points or prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct EFANTZ deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating the TOS. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent EFANTZ from pursuing criminal or civil proceedings in connection with such conduct. Further, the Service may not be used for any form of illegal gambling. You agree that EFANTZ shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and you will have no further access to the Service and shall have no right to any refunds whatsoever.
For greater clarity, any prices for products or prizes offered are subject to change without notice. EFANTZ reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time and EFANTZ shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. EFANTZ reserves the right, but are not obligated, to limit the availability of the products, prizes or Services to any person, geographic region or jurisdiction. EFANTZ may exercise this right on a case-by-case basis and reserves the right to limit the quantities of any products or services that we offer. All descriptions of products or prizing are subject to change at anytime without notice, at the sole discretion of EFANTZ. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
7. User Content
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF EFANTZ.
9. Your Registration Obligations
To register on EFANTZ you need to enter an email address and password, and you need to agree to the TOS. Since EFANTZ uses your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the link to your account details on the Site. If you use an invalid email address, you may find it difficult to retrieve your password and get customer service. Users of the Service must provide their real names and information and, in order to comply with this, all users must commit to the following rules when registering & maintaining your account:
you must not provide any false personal information on the Service, or create an account for anyone other than yourself;
you must not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); and
when you select a nickname for your account, EFANTZ reserves the right to remove or reclaim it as it believes appropriate.
Nicknames may be removed for any reason or no reason including but not limited to (i) a violation of another section of these requirements, (ii) any otherwise Prohibited Use, or (iii) any possible violation of EFANTZ’s or a third party’s rights including trademarks, trade names, or other identifying information.
EFANTZ does not recognize the transfer of an account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the terms, either in whole or in part, without the prior written consent of EFANTZ. Any attempt to do so shall be void and of no effect.
User Name and Access: Please note that You agree that you will not choose a user name which, in the sole discretion of EFANTZ or the Service:
(a) substantially infringes the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark;
(b) is offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(c) in any way infringes these TOS;
(d) contains personally identifiable information, including but not limited to name, address, phone and email.
(e) contains the name EFANTZ or any confusingly similar names.
You agree that EFANTZ reserves the right to change, remove, alter or delete any user name or password at any time and for any reason in EFANTZ’s sole discretion.
10. Password and Security
EFANTZ may permit you to register for and log onto its Services via certain third party social networks, such as by using Facebook Connect. If you log in via such social networks, the profile information connected to the account you use to log into the Service, including your name or nickname, may be used by EFANTZ in order to provide and support your account. You also acknowledge and agree that EFANTZ may publish information regarding your use of our Services to and in connection with any such third party social network with which you use our Services. At any point, you may notify EFANTZ that you no longer agree with EFANTZ publishing such information, but EFANTZ reserves the right to discontinue offering any or all of our Services as necessary.
You are entirely responsible for maintaining the confidentiality of your user name and password and for any and all activities that occur in association with your account or user profile, whether or not authorized by you. You agree to notify EFANTZ immediately of any unauthorized use of your account, user profile or any affiliate account or any other breach of EFANTZ’s security and to provide properly documented evidence as requested by EFANTZ. You may not use anyone else’s user profile at any time and you may not allow anyone else to use your user profile at any time. You agree that EFANTZ will not be liable for any loss you may incur as a result of someone else using your EFANTZ user name, password, account or user profile, or account information you provided, either with or without your knowledge.
You acknowledge and agree that EFANTZ is authorized to act on instructions received through the use of your username and password, and that EFANTZ may, but is not obligated to, deny access or block any transaction made through use of your username and password without prior notice if EFANTZ believes your username and password are being used by someone other than you, or for any other reason.
11. Governing Law; Jurisdiction; Arbitration
You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree EFANTZ is not and cannot be held liable if laws applicable to you restrict or prohibit your participation. EFANTZ does not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United States. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.
EFANTZ reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
12. Invalidity of Specific Terms
If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
13. Warranties; Limitations of Liability
EFANTZ, ITS MANAGERS, MEMBERS, EMPLOYEES, OFFICERS, AGENT, PARENT COMPANIES, SUBSIDIARY COMPANIES AND AFFILIATES (COLLECTIVELY, “EFANTZ PARTIES”) DO NOT WARRANT THAT: (1) THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERRORFREE; (2) DEFECTS WILL BE CORRECTED; (3) THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THE SERVICES, CONTENT, OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE.
EFANTZ MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THE EFANTZ PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE EFANTZ PARTIES WILL NOT BE LIABLE TO YOU, ANY THIRD PARTY OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE EFANTZ PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). THE EFANTZ PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES, CONTENT, OR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO EFANTZ IN THE TWELVE MONTHS PRECEEDING THE CLAIM. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. YOU ACKNOWLEDGE AND AGREE THAT THE EFANTZ PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICE OR ANY RELATED PRODUCTS. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE EFANTZ PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE EFANTZ PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS). YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, AND SIMILAR STATE STATUTES, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the EFANTZ Parties with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Notwithstanding the foregoing, EFANTZ retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against EFANTZ herein under the terms and provisions of this Section 13 and in no event shall you settle any such claim without EFANTZ’s prior written approval.
15. Report Violations
If you witness any user activity in the service that violates these TOS, please notify us of the activity via support@Efantz.com. EFANTZ cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service an enjoyable experience for all users.
16. Digital Millennium Copyright Act (DMCA)- US Residents
DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through Our Services, including the Website, please notify our copyright agent, designated below, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner; and
• Specific identification of the copyrighted work that you claim has been infringed; and
• Specific identification of the material that is claimed to be infringing and where it is located on the Website or Our Services; and
• Information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and, e-mail address; and
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the person or entity who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Company will immediately notify the individual or entity responsible for the allegedly infringing material that it has removed or disabled access to the material. Company will terminate, under appropriate circumstances, the accounts of individuals who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any individual for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with the Company by providing the following information to the Designated Agent at the address below:
The specific URLs of material that Company has removed or to which Company has disabled access; and
Your name, address, telephone number, and email address; and
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person; and
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
Upon receipt of a valid counter-notification, the Company will forward it to notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If the Company does not receive any such notification within ten (10) days, we may restore the material to the Website.
DMCA Agent. The above information must be submitted to Bryce Blum at bb@Efantz.com.
17. Virtual Currency (Gems and Coins)
EFANTZ’s Gems and Coins (virtual currency) are a fake currency that are solely available and usable on www.Efantz.com. We will not honor Gems or Coins bought or sold on any secondary market. No real money can be won by participating in wagering, games, competitions, or contests involving Gems or Coins. Gems or Coins cannot be converted into cash or cash equivalents, and are used purely for entertainment purposes.
No purchase is required to participate in games or contests involving Gems or Coins. In fact, Gems or Coins can only be earned—they are not available for purchase.
From time to time, EFANTZ will offer promotional codes or vouchers which may be used in order to redeem Gems or Coins. In some instances, these codes or vouchers may be used by more than one person. Said codes or vouchers may expire or be revoked by EFANTZ at any time.
Gems or Coins may be used to enter into giveaways or other contests; Coins may be used through the Marketplace. All such contests are subject to the TOS, as well as any additional rules which may be specifically set forth for the applicable contest.
The Marketplace is regionally divided. Users will only be permitted to participate in the marketplace for the region in which they reside.
Users may bet Gems or Coins on the outcomes of particular games, multiple games, or specific events occurring in those games, in accordance with appropriate section of the Site. Winners of each such event or contest are determined, as applicable (for example contests based on real-world results) subject to the terms and conditions contained herein.
Users are only permitted to open a single account. EFANTZ reserves the right to cancel any bets and remove Gems or Coins from events or contests to remedy exploitation of the system and maintain the integrity of EFANTZ games, bets, and competitions.
In the event a user wins any prize through, said user must respond to communications from EFANTZ and provide necessary shipping information within 7 days in order to claim their prize. If the user fails to respond, said user may forfeit their prize and EFANTZ reserves the right to give that prize away to another user.
18. Competition Terms & Conditions
1. The promoter is: EFANTZ, LLC whose registered office is at 3744 Inglewood Blvd. #7 Los Angeles, California 90066.
2. Employees of EFANTZ or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
3. There is no entry fee and no purchase necessary to participate in EFANTZ events.
4. Gems or Coins may be earned, but not purchased or sold at all.
5. Closing date for entry will be as per the date specified in the social media and/or competition post. After this date the no further entries to the competition will be permitted.
6. No responsibility can be accepted for entries not received for whatever reason.
7. The rules of the competition and the prize for each winner are specific to the type of offering or “mode” on the Site.
8. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
9. In addition the standard terms & conditions for any contest/giveaway conducted by EFANTZ, are subject to the EFANTZ TOS.
Survival: The TOS set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate your account or user profile and discontinue use of the Service at any time, pursuant to the terms of the TOS. The provisions necessary to survive termination shall survive any termination of this TOS.
Assignment: EFANTZ may assign the TOS, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the TOS without EFANTZ’s express prior written consent.
Notices: All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to EFANTZ must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to EFANTZ at the address below if by conventional mail. Notices to you may be sent to the email or mailing address supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
Address: EFANTZ LLC - 3744 Inglewood Blvd. #7 Los Angeles, California 90066
Entire Agreement: These Terms of Service constitute the entire agreement and understanding between EFANTZ concerning the subject matter of the TOS and supersedes all prior agreements and understandings of the parties with respect to that subject matter. The TOS may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and EFANTZ. To the extent that anything in or associated with the Service is in conflict or inconsistent with the TOS, the TOS shall take precedence.
Severability: If any part of the TOS are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect.
Miscellaneous: Nothing contained in the TOS is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by EFANTZ with respect to such use. 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.
The TOS shall also apply to the use of the Efantz, LLC Mobile Application as applicable. The TOS are intended to be in addition to any End User License Agreement for the Mobile Application, and to the extent any of the TOS conflicts with any End User License Agreement, the TOS shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Site in the TOS shall also be deemed to include the Mobile Application.
UPDATED: November 1, 2016